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2008-05-06
pit- qtr o -h Ce-:T4tQ V11C� I ! CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, May 6, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance by Troop #463 with LDS Verona Ward: 3. Community Invocation by Pastor Mike Dodd with Capital Christian Center: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of April 8, 2008 City Council Regular Meeting: B. Approve Minutes of April 15, 2008 Pre -Council Meeting: C. Approve Minutes of April 15, 2008 City Council Regular Meeting: D. Sanitary Sewer Easement Agreement for Selwav Apartments by Daniel G. and Carolyn A. Gibson: E. License Agreement with Nampa & Meridian Irrigation District for a Water System Flush Line in Association with the Water Division Facility Phase 2: Meridian City Council Meeting Agenda — May 6, 2008 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. �J F. Resolution No. Computer Surplus to Boys and Girls Club: G. Encroachment License Agreement with Nampa & Meridian Irrigation District for the Water Division Facility Phase 2. H. Temporary License Agreement for Meridian City Library Street Scape at 18 East Idaho Avenue between ACHD and City of Meridian Parks and Recreation Department: 1. Approve Beer and Wine License Transfer of Owner Application from MD Pizza LLC to Pier 49 Pizza, at 3340 N. Eagle Rd.. J. Approve Beer, Wine and Liquor License Renewals: Pier 49 1551 W. Cherry Lane #102 Beer Fuddruckers 3421 N. Eagle Rd. Beer & Wine K. Development Agreement: AZ 07-011 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 Medium Low -Density Residential zone for Belhaven Subdivision by Pole Creek Properties, Inc. — 5230 North Black Cat Road: L. Approval of Task Order 0759 with Hydro Logic, Inc. for Ground Water Level Monitoring and Aquifer Testing for a Not to Exceed Amount of $26,500.00: M. Approve Contract Amendment for Western Building Maintenance for Additional "Cleaning at Parks Department for an Additional $80.00 Per Month: N. Approve Contract for McLeran Well Drillina for Well No. 14 Reconstruction for a Not to Exceed Amount of $106,790.00. O. Sanitary Sewer and Water Main Easement Aareement for Southeast Comer Marketplace No. 1 by James Kissler, LLC. 6. Department Reports: A. Mayor's Office: 1. Appointment of Joe Marshall to the Transportation Task Force: Meridian City Council Meeting Agenda — May 6, 2008 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 individual agent, or public school student) & (fl — (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda — May 6, 2008 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 E IDIAN- s • REVISED 5-6-08 At 4:13 PM CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, May 6, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba Joe Borton Charlie Rountree _ Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance by Troop #463 with LDS Verona Ward: 3. Community Invocation by Pastor Mike Dodd with Capital Christian Center: 4. Adoption of the Agenda: ApproYl-- 5. Consent Agenda: AvmVG A. Approve Minutes of April 8, 2008 City Council Regular Meeting: Appre) Ve.- B. Approve Minutes of April 15, 2008 Pre -Council Meeting: A ppYtN/(__ C. Approve Minutes of April 15, 2008 City Council Regular Meeting: okppm /c, - D. Sanitary Sewer Easement Agreement for Selway Apartments by Daniel G. and Carolyn A. Gibson: APPr0 /e.' E. License Agreement with Nampa & Meridian Irrigation District for a Water System Flush Line in Association with the Water Division Facility Phase 2: Apprcfu Meridian City Council Meeting Agenda — May 6, 2008 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • REVISED 5-6-08 At 4:13 PM F. Resolution No. 08_ lD®L-0 : Computer Surplus to Boys and Girls Club: MV G. Encroachment License Agreement with Nampa & Meridian Irrigation District for the Water Division Facility Phase 2: An, I 1—Pro H. Temporary License Agreement for Meridian City Library Street Scape at 18 East Idaho Avenue between ACHD and City of Meridian Parks and Recreation Department: Appr0\C, Approve Beer and Wine License Transfer of Owner Application from MD Pizza. LLC to Pier 49 Pizza, at 1551 W..Cherry Lane #102: Approvr- J. Approve Beer. Wine and Liquor License Renewals: �YOV/� Pier 49 1551 W. Cherry Lane #102 Beer Fuddruckers 3421 N. Eagle Rd. Beer & Wine K. Development Agreement: AZ 07-011 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 Medium Low -Density Residential zone for Belhaven Subdivision by Pole Creek Properties, Inc. — 5230 North Black Cat Road: AVpv-0%/C,, L. Approval of Task Order 0759 with Hydro Logic, Inc for Ground Water Level Monitoring and Aquifer Testinq for a Not to Exceed Amount of $26,500.00: App oVe, M. Approve Contract Amendment for Western Building Maintenance for Additional Cleanina at Parks Department for an Additional $80.00 Per Month: A,rx rn C. - N. Approve Contract for McLeran Well Drilling for Well No 14 Reconstruction for a Not to Exceed Amount of $106,790.00: AC 10 Southeast Corner Marketplace No. 1 by James Kissler, LLC: 6. Department Reports: A. Mayor's Office: 1. Appointment of Joe Marshall to the Transportation Task Force: ApprpVC, Meridian City Council Meeting Agenda — May 6, 2008 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • REVISED 5-6-08 At 4:13 PM 2. City Clerk's Office Question Regarding Bach Home Minutes from January 8, 20Qq8 City Council Meeting: Afflen4 M ir1 Lx s + 0LA In B. Legal / HR Department: b 1. q in Storey Park Mo Brooks Field for $25,000: Budget Amendment for Director Vacation Conversion for FY2008 for $26,341: A"V�e, C. Public Works Department: 1. Budget Amendment for Operations Manager: Approve - 2. Budget Amendment for Buildina Maintenance Technician: AP�y-.- D. Finance Department: 1. Change Order No. 2 with Idaho Custom Wood Products Not to Exceed Amount of $5,541.86: ArY-,'c- 2. Chane Order No. 1 with Intearated Interiors rs for a Not to Exceed Amount of $10,700.00: Ate_ 3. Change Order No. 1 Phase 3 with Custom Glass for a Not to Exceed Amount of $19,784.00: 0V,-- 4. Change Order No. 1 Phase 2 with Custom Glass for a Not to Exceed Amount of $2,137.00: ApproN(e- 5. Change Order No. 2 with Commercial Painting Contractors for a Not to Exceed Amount of $22,185.00: Approve - 6. prove - 6. Chance Order No. 2 with Buss Mechanical for a Not to Exceed Amount of $12, 295.00: ApprO�(L 7. Change Order No. 2 with Suncoast dba B&B Steel Erectors for a Not to Exceed Amount of $2,677.38: A ovC 8. for a Not to Exceed Amount of $6,122.00: Meridian City Council Meeting Agenda — May 6, 2008 Page 3 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. • REVISED 5-6-08 At 4:13 PM for a Decrease of $897.00: ACM Ve _ 10. Change Order No. 1 with Simplex Grinnell for a Not to Exceed Amount of $2,917.98: Approves 11. Change Order No. 3 with TMC Masonry for a Not to Exceed Amount of $5,989.71: AffrogL 12. Chance Order No. 2 with Tri-State Electric for a Not to Exceed Amount of $12,059.26: AWN& 13. Agreement for Independent Contractor Services for New Meridian City Hall Phase IV with Terra -West for a Not to Exceed Amount of $338,000.00: Approv-ed Q Ircad j 14. Agreement for Independent Contractor Services for New Meridian City Hall Phase III Architectural Building Supply for a Not to Exceed Amount of $277,230.00: A,rcd 7. Items Moved from Consent Agenda: Niles 4IT-M8Lj 8. FP 08-007 Request for Final Plat approval for 18 single-family residential building lots and 1 other lot on 1.383 acres in a TN -R zoning district for Gramercy Subdivision No. 3 by Tuscany Development, Inc. — west of Eagle Road and south of Overland Road: Awrovc- 9. VAC 08-003 Request to Vacate a portion of the existing right-of-way platted on Lots 20 and 22, Block 2 and dedicate new right-of-way from a portion of Lot 22, Block 2 for Sundial Subdivision by Gemstar Properties, Inc. — south of Ustick Road and west of Linder Road: �"\fc -M rinai -it PYCe ire Id* r- to AW D 10. FP 08-008 Request for Final Plat approval for 26 single-family building lots and 3 common lots on 7.70 acres in an R-4 zone for Sundial Subdivision No. lb by Gemstar Properties — west of North Linder Road and south of West Ustick: AWr6\/L 11. FP 08-009 Request for Final Plat approval for 2 single-family building lots and 1 common lot on 2.94 acres in an R-4 zone for Sundial Subdivision No. 2 by Gemstar Properties — west of North Linder Road and south of West Ustick Road: AppOV& 12. Public Hearing: 2008 Parks & Recreation Fees: box Pel (c jko i 11 �TrorncLj +o I "epore- resolu-6o,1 Meridian City Council Meeting Agenda — May 6, 2008 Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • REVISED 5-6-08 At 4:13 PM 13. Continued Public Hearing from April 15, 2008: TE 08-003 Request for approval of an 18 -month Time Extension to obtain the City Engineer's signature on the Final Plat and commence the use in accordance with the conditions of approval of AZ 05-016, PP 05-023, CUP 05-024, FP 06-011, PS 07-003 and TE 07-004 for Umbria Subdivision (aka Silver Oaks) by Ten Mile Development, LLC— north side of West Franklin Road, approximately'/ mile west of North Ten Mile Road: Cbrt+t1`11Ut PL0011 c. �e,r lnZ io 5- 20-0F� 14. Public Hearing: VAR 08-003 Request for a Variance to UDC Table 11- 2A-5 to allow a structure encroachment into the required rear yard setback in the R-4 zoning district for Silman Setback by Stanley Silman — 1749 West Lowry Street (Lot 10, Block 16, Tumble Creek Subdivision #6): DenLI ?(CF0.Ir,C Frdir o � �lico 15. Pub1lic Hearing VAR 08-004 Request for a Variance to UDC 11-31-1- 4B.2.a, which prohibits new approaches directly accessing a state highway to allow a temporary access to SH 55/Eagle Road forGreat Wall Restaurant by Kinsan Chan — 2590 North Eagle Road: (�pY��Inuc PL,b1>IL kmak +0 5-24-W 16. Contin ed Public Hearing from April 22, 2008: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C -G zones for Waltman Property (aka Browning Plaza) by Waltman, LLC — 505, 521, 615 and 675 Waltman Lane: Coral nue Pubj 1C WjD_n rWi-�U 13wit ��t, 2oos� 17. Continued Public Hearing from April 22, 2008: PP 08-001 Request for Preliminary Plat approval of 52 commercial / office lots and 1 common lot on 38.21 acres in a proposed C -G zoning district for Browning Plaza (aka Waltman Pro a by SLN Planning, Inc. — 505, 521, 615 and 675 W. Waltman Lane: G(j+IYI ue P bl I c kavjq- -Eo U-1-1-08, 18. Amendment to Ordinance No. 08-1346A: AZ 05-052 Request for Annexation and Zoning of 7.87 acres from R1 to C -G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC — 3055 North Eagle Road: 1, �,,!6vvrt Procla ma+ler1 ��c a� mon+, 19. Ordinance No. - Amendment to the Flood Damage Prevention Ordinance: AFpvovr- 20. Ordinance No. 091- 13S9 AZ 07-011 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 Medium Low - Density Residential zone for Belhaven Subdivision by Pole Creek Properties, Inc. — 5230 North Black Cat Road: AFpIpdL 21. Ordinance No. 61�- I5U0 Repeal Precious Metals Ordinance: Approv/L Meridian City Council Meeting Agenda — May 6, 2008 Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • REVISED 5-6-08 At 4:13 PM 22. Executive Session per Idaho State Code 67-2345(1)(b) — (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student) & (f) — (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda — May 6, 2008 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E IDIAN�-- • REVISED 5-6-08 At 4:13 PM CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, May 6, 2008 at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance by Troop #463 with LDS Verona Ward: 3. Community Invocation by Pastor Mike Dodd with Capital Christian /4. Center: Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of April 8, 2008 City Council Regular Meeting: B. Approve Minutes of April 15, 2008 Pre -Council Meeting: C. Approve Minutes of April 15, 2008 City Council Regular Meeting: D. Sanitary Sewer Easement Agreement for Selwav Apartments by Daniel G. and Carolyn A. Gibson: E. License Agreement with Nampa & Meridian Irrigation District for a Water System Flush Line in Association with the Water Division Facility Phase 2: Meridian City Council Meeting Agenda — May 6, 2008 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. a REVISED 5-6-08 At 4013 PM F. Resolution No. 12e' � OSP : _Computer Surplus to Bovs and Girls Club: G. Encroachment License Agreement with Nampa & Meridian Irrigation District for the Water Division Facility Phase 2: H. Temporary License Agreement for Meridian City Library Street Scape at 18 East Idaho Avenue between ACHD and City of Meridian Parks and Recreation Department: I. Approve Beer and Wine License Transfer of Owner Application from MD Pizza, LLC to Pier 49 Pizza, at 1551 W. Cherry Lane #102: J. Approve Beer, Wine and Liquor License Renewals: Pier 49 1551 W. Cherry Lane #102 Beer Fuddruckers 3421 N. Eagle Rd. Beer & Wine K. Development Agreement: AZ 07-011 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 Medium Low -Density Residential zone for Belhaven Subdivision by Pole Creek Properties, Inc. — 5230 North Black Cat Road: L. Approval of Task Order 0759 with Hydro Logic, Inc for Ground Water Level Monitoring and Aquifer Testing for a Not to Exceed Amount of $26,500.00: M. Approve Contract Amendment for Western Buildina Maintenance for Additional Cleaning at Parks Department for an Additional $80.00 Per Month: N. Approve Contract for McLeran Well Drilling for Well No. 14 Reconstruction for a Not to Exceed Amount of $106,790.00: O. Sanitary Sewer and Water Main Easement Agreement for Southeast Corner Marketplace No. 1 by James Kissler, LLC: /6. Department Reports: A. Mayor's Office: 1. Appointment of Joe Marshall to the Transportation Task Force: Meridian City Council Meeting Agenda — May 6, 2008 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 00 N Meridian City Council Meeting May 6, 2008 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, May 6, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Joe Borton, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Anna Canning, John Overton, Ron Anderson, Thomas Bary, Keith Watts, Steve Siddoway and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Good evening. I'd like to welcome everyone here tonight and we will start -- oh, for the record it is Tuesday, May 6th. It's 7:00 o'clock. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance by Troop #463 with LDS Verona Ward: De Weerd: Item No. 2 is a -- when we have youth in our audience we always like to engage them and ask them to lead us in the pledge. After you lead us in the pledge, I do have City of Meridian pins for each your members. So, if our City Clerk can -- can just hand those off to the appropriate person. We appreciate you being here with us. We have Troop 463. They are with the LDS Verona Ward and Peter Sorensen is their troop leader. We appreciate you being here and leading us in the pledge. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) De Weerd: Young man, can I ask you to deliver these pins to your troop and thank you for leading us and good luck with your badge. Item 3: Community Invocation: De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Mike Dodd with Capital Christian Center. If he will, please, come forward. And I don't see him. Well, in light of not having Pastor Dodd here, if you will, please, take an opportunity for a moment of reflection. We will pause this meeting for a moment of silence. Thank you. Item 4: Adoption of the Agenda: Meridian City Council 00 •• May 6, 2008 Page 2 of 74 De Weerd: Thank you. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have a couple of requests to -- to continue Items 13 and 15 to May 20th, 2008. In the Consent Agenda, the resolution number for the computer surplus to the Boys and Girls Club is 08-606 and on the regular agenda ordinances -- 19, 20 and 21 ordinance numbers are 08-1358, 08-1359, and 08-1360. With that I move we approve the agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of April 8, 2008 City Council Regular Meeting: B. Approve Minutes of April 15, 2008 Pre -Council Meeting: C. Approve Minutes of April 15, 2008 City Council Regular Meeting: D. Sanitary Sewer Easement Agreement for Selway Apartments by Daniel G. and Carolyn A. Gibson: E. License Agreement with Nampa $ Meridian Irrigation District for a Water System Flush Line in Association with the Water Division Facility Phase 2: F. Resolution No. Computer Surplus to Boys and Girls Club: G. Encroachment License Agreement with Nampa & Meridian Irrigation District for the Water Division Facility Phase 2: H. Temporary License Agreement for Meridian City Library Street Scape at 18 East Idaho Avenue between ACHD and City of Meridian Parks and Recreation Department: Meridian City Council May 6, 2008 Page 3 of 74 I. Approve Beer and Wine License Transfer of Owner Application from MD Pizza, LLC to Pier 49 Pizza, at 3340 N. Eagle Rd.: J. Approve Beer, Wine and Liquor License Renewals: Pier 49 1551 W. Cherry Lane #102 Beer Fuddruckers 3421 N. Eagle Rd. Beer $ Wine K. Development Agreement: AZ 07-011 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 Medium Low -Density Residential zone for Belhaven Subdivision by Pole Creek Properties, Inc. — 5230 North Black Cat Road: L. Approval of Task Order 0759 with Hydro Logic, Inc. for Ground Water Level Monitorina and Aquifer Testing for a Not to Exceed Amount of $26,500.00: M. Approve Contract Amendment for Western Buildina Maintenance for Additional Cleaning at Parks Department for an Additional $80.00 Per Month: N. Approve Contract for McLeran Well Drilling for Well No. 14 Reconstruction for a Not to Exceed Amount of $106,790.00: O. Sanitary Sewer and Water Main Easement Agreement for Southeast Corner Marketplace No. 1 by James Kissler, LLC: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Item F is resolution number 08-606 and with that I move we approve the Consent Agenda as published, the Mayor to sign and Clerk attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, I will ask Madam Clerk to, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. 00 Meridian City Council May 6, 2008 Page 4 of 74 Item 6: Department Reports: A. Mayor's Office: •* 1. Appointment of Joe Marshall to the Transportation Task Force: De Weerd: Item 6 under Department Reports. Council, I have an appointment for our Transportation Task Force. Joe Marshall will be the representative for the Planning and Zoning Commission. And so I would ask for your confirmation of this appointment. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve and confirm the nomination of Joe Marshall to the Transportation Task Force. Bird: Second. Zaremba: Second De Weerd: Okay. I have a motion and a second to approve the appointment as requested. Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. 2. City Clerk's Office Question Regarding Bach Home Minutes from January 8, 2008 City Council Meeting: Amend Minutes and Adopt New Findings De Weerd: Okay. Council, Item No. 2 is some questions regarding the minutes of January 8th and I'm not sure who wants to take this one. Jaycee, you have been appointed. Holman: Thank you, Madam Mayor. Thank you. Madam Mayor, Council members, we were contacted via e-mail on Tuesday, April 29th, by Lars Anderson with Bach Homes regarding the City Council meeting minutes of January 8th. There was in those meetings -- in the middle of that meeting, Councilman Zaremba, there was a statement in there and they were unclear as to which word was correct. The statement was: The second agrees that the intent was that the pavement could happen later, but that the dedication of the right of way should be in agreement and that's as it was written in the minutes that we have approved. And it says second agrees. We listened to it, the Bach Homes believes that it wasn't the word agreement, it was, actually, the word Meridian City Council 00 May 6, 2008 Page 5 of 74 N immediately. We had several people listen to it in the Clerk's Office and we couldn't clearly tell what it said. We had Councilman Zaremba listen to it tonight and I will let him update you on what he thought after he listened to it. De Weerd: Thank you. Zaremba: Madam Mayor, I could not interpret from listening to it the word that I used myself. However, the clerk kindly ran it back and I listened to some of the previous conversation and the direction that it was going -- I would -- before I even listened to it the way that I would construct a sentence, I believe that the word would have been immediately. The word agreement just doesn't fit in the flow of the sentence the way I would put a sentence together. In listening to the previous conversation that led up to my statement, I would say there is no way from the tape to really know what the word is, but I would say that it would -- it would have been correct my thinking that what I mumbled was immediately and the clerk also points out at the same time that I mumbled I turned away from the microphone, so I doubt that even sophisticated analytic -- analytical equipment could produce a real word there. But my sense of what was going on at the time is the word that I intended to use was the word immediately. De Weerd: Okay. I'm sure our transcriber has never known any of you to mumble or tum away from the microphone. Zaremba: He has had to invent my words many times, along with the punctuation that I never use as well, so -- De Weerd: Okay. So, Councilman Zaremba, is that the way it was reflected, then, in the minutes? Zaremba: Would we need to amend the minutes? I'm assuming that the word agreement is what got printed in the minutes. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, what I had suggested to the clerk was after this discussion, then, if the Council wished to amend the minutes, then, to make that motion to direct the clerk to amend the minutes for that particular date and that particular spot and they can do that and approve it and be done with it or if your preference is you'd like to see it one more time, you can direct it be brought back to you for final approval. You can do it either way. But, yes, motion to amend would be your next step. De Weerd: Thank you. Meridian City Council May 6, 2008 Page 6 of 74 *• Canning: Madam Mayor, Members of the Council, I'm not familiar with the exact wording, but was it in relationship to a condition of approval or a DA provision? De Weerd: I believe it was a condition -- Zaremba: The discussion was a develop agreement and the issue is the northern street and what we were talking about was preventing a spite strip from being created between it and the next property to the north, so that access to a public roadway to the property to the north would not be prevented and in that context I think the point that we were all making was we didn't require them to pave the road right away, but we wanted immediate assurance that the right of away was given and that -- in such a way that there was no spite strip and the property owner to the north would have access to it. Canning: Madam Mayor, Members of the Council, Councilmember Zaremba, it sounds as if we need to adopt new findings as well with the corrected DA provisions related to that sentence. De Weerd: Okay. Nary: That may be correct. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would move that we amend the minutes of the City Council meeting from January 8th, 2008, on page 76 of 81 where I am quoted and changing the last word of the sentence from in agreement to the word immediately and that along with that change to the minutes that we also have a review of the Findings of Fact and -- to determine whether that needs to be brought into compliance with that change as well. Rountree: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Legal / HR Department: 1. Budget Amendment for Recycle Revenue for Bleachers in Storey Park Mo Brooks Field for $25,000: •0 Meridian City Council May 6, 2008 Page 7 of 74 I*• De Weerd: Thank you. Okay. Item B under our Legal Department. I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council, there is -- first item is a budget amendment for recycle revenue for the bleachers in Storey Park for Mo Brooks Field. As you note on the budget amendment, this is actually a project that was approved in a prior budget year. I was thinking it was two years; it might even have been three. But it was -- yeah, it's been a number of years ago, but because of the nature of the project and the cooperative venture that went with both the legion and I think the Meridian baseball folks, it took a few years to get it done. So, the bleachers got done in this fiscal year, the bill came due this fiscal year and the city paid it out of this year's revenue that we have for the recycling funds. That, then, depleted the recycling fund budget. We had 65,000 dollars budgeted for projects for this fiscal year and, of course, this ate up almost half of it. There is excess revenue. There is a memo that we had received that I think it should have been attached to your budget amendment that indicated the revenue stream. There is a significant amount of money left from what is provided by SSC in that program. So, there is sufficient revenue to make this amendment from the SSC recycling revenue without impacting the bottom line of the budget. But if we make this amendment, then, the current project for this year will, then, be in the black. Mrs. Kilchenmann had caught that, that we had -- with the last projects that we had approved that we would have put the budget line in the red because of this particular one project and so her recommendation was to bring it forward for an amendment for this project and, then, all the other ones would fall into line. De Weerd: Okay. Thank you. Council, any questions for Mr. Nary? Bird: I have none. Rountree: I have none. De Weerd: Okay. Hearing none, do I have a motion to approve the budget amendment? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the budget amendment for the recyclable revenue for bleachers at Storey Park in Mo Brooks field for 25,000 dollars. Rountree: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, roll call. Meridian City Council May 6, 2008 Page 8 of 74 Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. 2. Budget Amendment for Director Vacation Conversion for FY2008 for $26,341: De Weerd: Okay. Item B-2. Nary: Thank you, Madam Mayor, Members of the Council. If you recall back in 2005 we amended our city handbook in relation to the directors and appointed officials of the city and we created a benefit for that group of people of which there currently are nine people in this pool and one of those benefits that we created was the ability to take a portion of the vacation hours annually by each of those directors at a maximum of a hundred hours. So, any amount a hundred or less of their vacation time, convert that into a dollar figure, and put that into a retirement program for those nine eligible people. We haven't done it for the last two years, as we were working on the fund and figuring out the best way to do it. What we found is the best way that it works for the city is to use the PERSI Choice program that already exists and the city already has an account for. So, we were able to fund it this year with this budget amendment, but when I discussed it with finance -- and you will note on the -- on the request, finance is comfortable that there is significant enough salary savings in each of the departments to fund this particular expenditure. If not, they feel there is enough fund balance that's available out of it anyway. But there isn't any way to pre -plan the amounts per year in the budgetary process. Each year it's going to vary depending on when we do it. So, if you'd like us to do it differently, to do it at a particular point in time that's better for you, we could certainly plan. But they felt comfortable in finance that we do this annually, as long as we only do it once a year, we do it within the calendar year or within the fiscal year, they had no objection to that. So, what I did is I -- I had requested from all the directors, if they were interested. You will note on there I think there is a couple that have chosen not to do that for this year. All the rest have for varying amounts. Part of your reasoning, just to refresh your memory, part of the reason we included this in the program is the reason most of these folks have enough vacation to do that is because many of these folks don't take a lot of vacation and that's the reason they have a lot of hours. So, that was an incentive we tried to provide as a city and so this is the means to fund it. This is the first time we have done it in the last two budget years. So, if you have any other questions I hope we can answer them for you. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council •! May 6, 2008 Page 9 of 74 0101 Rountree: I may have missed this in your discussion, but I have two different amounts. The agenda has 26,341 and the spreadsheet I have 22,126. And what's the right amount? Nary: It's 26,341. If you look on the actual budget amendment form, Councilmember Rountree, the city has to pay FICA and PERSI and work comp for all of these, because they are considered wages. Rountree: Okay. Nary: So, we do take -- they have to add those amounts into it as well, but the -- the actual hours and the hourly rate for each of the seven individuals that opted for this program, that's what will be deposited into the PERSI Choice. De Weerd: Thank you, Mr. Nary. Any other questions by Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Bill, two -- well, one question, one comment. I would be inclined to going forward to budget some amount for this obligation, but it wouldn't be exact, but at least it if it were expected that it's going to be something hanging out there, let's -- let's budget for it. And, second, is it -- is it a benefit that we discussed with and enacted a couple years ago, but didn't allow or -- and if that's the case why didn't we allow the opportunity two years ago? Nary: Madam Mayor, Members of the Council, Councilmember Borton, what we did is we implemented it in 2005, we amended it again in 2007. We didn't do it the first year in 2005. One, there wasn't -- there wasn't very many people that had a lot of hours, but we hadn't had that discussion on doing it for two years worth at time. Certainly can. We do have a cap on the number of hours that all of the individuals can accrue, so the hundred hours is a significant amount of accrued amount, but, certainly, if they want to do more, we could do more if you wanted to allow that. It's just right now in the policy the max is a hundred. Borton: Madam Mayor? De Weerd: Yes. Borton: The only reason for the question was to make sure we didn't say we were going to do something last year and provide a benefit, but not allow anyone to use it. If that's not the case, then, we are okay. Nary: No. And part of the problem -- and I explained to the directors, part of the problem we were looking through some other funds, whether through VALIC, which is 00 Meridian City Council May 6, 2008 Page 10 of 74 M one of the other 401 K -type programs that we have used for the city, and whether we could do that and there was tax consequences and after a lot of discussion, we found the PERSI Choice program is probably the best. It's the simplest for the city. Some of these folks don't have that particular program, but it is another means for them as a retirement benefit. So, they can use it even if they haven't and some of them already do use it. So, it really wasn't something that we promised something and didn't follow through on, it really was just trying to get it off the ground. Borton: Thanks. Nary: But if you want to include in your motion that we also discuss -- I can discuss with finance at least setting some placeholder amount in the budget might make some sense and you may still be doing a budget amendment, but it may only be a few thousand dollars annually. Borton: Okay. Bird: Let's put it in a fund balance. I like that idea. De Weerd: Yes. That would be my preference. Zaremba: I don't know if that came through. I like that idea. De Weerd: Okay. Any further questions? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I move we approve the budget amendment for the director vacation conversion for fiscal year '08 in the amount of 26,341 and for finance moving forward to create some placeholder budget category for this obligation, the amount of which I'm not sure, but some figure, 30,000 perhaps; some placeholder to make sure we account for -- account for it going forward. Zaremba: Second. De Weerd: Thank you. I have a motion and a second. Any discussion? Okay. Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Public Works Department: 100 •0 Meridian City Council May 6, 2008 Page 11 of 74 1. Budget Amendment for Operations Manager for $127,156: De Weerd: Thank you. Okay. Under Public Works, I will tum this over to Mr. Barry. Bary: Thank you, Madam Mayor, Members of the Council, Tom Barry, Public Works Department. You have two budget amendments before from the Public Works Department this evening for your consideration. The first is a budget amendment for an operations manager position in Public Works. This particular position would oversee and administer all of the operational functions and components of the water and wastewater divisions of the Public Works Department, including management of the department's wastewater collection, wastewater treatment, water supply, water treatment, water distribution and recycled or reclaimed water systems processes and all associated maintenance. This budget amendment simply formalizes Council's approval of this particular position on March 18th of this year. The position -- we anticipate needing this position for only two months of this particular fiscal year, after which it would be budgeted as an ongoing expense. For that reason the budget amendment, as you have seen, only is requesting $28,771.83 for that two year period. Financing will come from the Enterprise Fund and I do not anticipate any increase with this position in overall FTE counts for the Public Works Department. With that I will take any questions you might have. De Weerd: Thank you, Mr. Bary. Council, any questions? You know, I see our purchasing officer over there. We just have a request from purchasing as we scan these, the colored boxes tum out black, so -- Watts: Okay. De Weerd: They would be more helpful if we take the color out, at least for the scanned copies. Okay. Council, questions? Okay. Do I have a motion? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve the budget amendment for the operations manager. Zaremba: Second. De Weerd: Okay. You want to reflect the amendment amount? Rountree: 28,771.63 -- 83. De Weerd: Okay. Zaremba: Second agrees. ti Meridian City Council May 6, 2008 Page 12 of 74 De Weerd: Thank you. Any discussion? Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. 2. Budget Amendment for Building Maintenance Technician for $ De Weerd: Okay. Item C-2. Barry: Thank you, Madam Mayor, Members of the Council. The second amendment that appears before you from the Public Works Department involves the addition of a couple of months -- to be specific, three months of additional service for an already approved position for the building maintenance supervisor. The position was approved in the fiscal year'08 budget for only one month of service, due to the construction of the new City Hall and in addition to the services needed for building maintenance of other facilities within the city, we have -- we are requesting with this amendment an additional three months of service that we may begin this particular -- or hire and recruit this particular position an additional three months earlier. The overall increase requested is $23,818.33 for those additional three months of service. Financing would come from the General Fund, although the position would be managed or housed in the Public Works Department. After fiscal year'08, we -- this particular position would be financed ongoing with General Fund monies. So, with that I will take any questions that you might have. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for Tom or Bill, either one. Do we have a position description established in on the books for this? Barry: Yes, Mr. President, we do have a position description. It's in draft form. It's been circulated between the purchasing agent, myself and Mr. Nary, as well as Mrs. Powers in the HR department. And we have not finalized the position or had it classed just as of yet, but it does exist in draft form. Rountree: I'd like a copy of that. Bird: So would I. Rountree: For review. Meridian City Council May 6, 2008 Page 13 of 74 De Weerd: Council, it's not too different from the description that we had last summer when we proposed the position, but we will get that out to you. Rountree: Thank you. De Weerd: We can e-mail it. Rountree: Very good. Nary: Certainly. De Weerd: Any other questions? Okay. Council, we have a request in front of you. Rountree: Madam Mayor, I move that we approve the budget amendment for the building maintenance technician in the amount of $23,818.33. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the request. If there is no discussion, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. D. Finance Department: 1. Chance Order No. 2 with Idaho Custom Wood Products Not to Exceed Amount of $5,541.86: 2. Change Order No. 1 with Integrated Interiors Not to Exceed Amount of $10,700.00: 3. Change Order No. 1 with Custom Glass Not to Exceed Amount of $19,784.00: 4. Change Order No. 1 with Custom Glass Not to Exceed Amount of $2,137.00: 5. Change Order No. 2 with Commercial Paintina Contractors Not to Exceed Amount of $22,185.00: 6. Change Order No. 2 with Buss Mechanical Not to Exceed Amount of $12, 295.00: Meridian City Council May 6, 2008 Page 14 of 74 .. 00 7. Change Order No. 2 with Suncoast dba B&B Steel Erectors Not to Exceed Amount of $2,677.38: 8. Change Order No. 3 with Architectural Building Supply Not to Exceed Amount of $6,122.00: 9. Change Order No. 1 with Architectural Buildina Supply for a Decrease of $897.00: 10. Change Order No. 1 with Simplex Grinnell for Not to Exceed Amount of $2,917.98- 11. Chance Order No. 3 with TMC Masonry Not to Exceed Amount of $5,989.71: 12. Change Order No. 2 with Tri-State Electric Not to Exceed Amount of $12,059.26: 13. Agreement for Independent Contractor Services for New Meridian City Hall Phase IV with Terra -West Not to Exceed Amount of $338,000.00: 14. Agreement for Independent Contractor Services for New Meridian City Hall Phase III Architectural Building Supply Not to Exceed Amount of $277,230.00: De Weerd: Thank you. Our next item is our finance department. I'll ask Mr. Watts for his comments. Watts: Thank you, Madam Mayor, Council members. I have Gene Bennett here to answer any questions you may have on the list of change orders. I do want to give you a quick rundown of the process that we went through on these. I had delivered these to Councilman Bird last week for review and we did discuss these in our building committee -- our monthly building committee on Monday here in the -- in the City Hall offices. I do want to also clarify something. The change orders listed one through 12 are current. The two contracts, number 13 and number 14, were, actually, approved on previous Council meetings. Number 13 -- these are all that we are just getting the contracts in. The contract for Tena West was approved on December 11th of '07 and the contract for ABS was approved July 17th of '07 and we are just entering those contracts. Those -- both those bids were approved on those dates. If you have any questions I will ask Gene to comment on the change orders. De Weerd: Okay. Council, any questions? Bird: I have none. Meridian City Council 00 May 6, 2008 Page 15 of 74 N De Weerd: Mr. Bird, as our Council liaison, has also gone through these with Mr. Watts and with Petra, so -- Bird: They have all been explained. Rountree: I hear they've all been explained and they are in order. Bird: Yeah. Rountree: Thank you. De Weerd: Okay. Watts: Thank you. Ask for approval and authorization for the Mayor to sign and the Clerk to attest, please. De Weerd: Thank you. Thank you, Gene, for being here. Council, if there is no further discussion, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the change orders and I am going to read them off for public notice. Change Order No. 2, Idaho Custom Wood Products, not to exceed 55 hundred -- $5,541.86. Change Order No. 1, Integrated Interiors for not to exceed $10,700.00. Change Order No. 1, Phase 3, with Custom Glass for not to exceed amount of $19,784.00. Change Order No. 1, Phrase 2, with Custom Glass for not to exceed the amount of $2,137.00. Change Order No. 2 with Commercial Painting Contractors for not to exceed amount of 22,185.00. Change Order No. 2 with Buss Mechanical for not to exceed amount of $12,295.00. Change Order No. 2 with Suncoast doing business as B&B Steel Erectors for not to exceed amount of $2,677.38. Change Order No. 3 with Architectural Building Supply for a not to exceed amount of $6,122.00. Change Order No. 1 with Architectural Building Supply and it is a decrease of $897.00. We like those change orders. Change Order No. 1 with Simplex Grinnell for a not to exceed amount of $2,917.98. Change Order No. 3 with TMC Masonry for not to exceed amount of $5,989.71. And Change Order No. 2 with Tri-State Electric for not to exceed amount of $12,059.26. Agreement for independent contractor service for new Meridian City Hall Phase IV with Terra -West for not exceed amount of $338,000.00. Agreement for independent contractor service for new Meridian City Hall Phase No. III, Architectural Building Supply for not to exceed amount of $277,230.00. With that I move we approve. Rountree: With the Mayor's signature and -- Bird: And the Mayor's signature and the Clerk to attest. I'm song. 0 Meridian City Council May 6, 2008 Page 16 of 74 Nary: Second. Borton: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Rountree: I have none. Bird: I have none. De Weerd: Madam Clerk, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: I was thinking probably the Boy Scouts wanted those read all over again, but -- that's how interesting our meetings can be. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: FP 08-007 Request for Final Plat approval for 18 single-family residential building lots and 1 other lot on 1.383 acres in a TN -R zoning district for Gramercy Subdivision No. 3 by Tuscany Development, Inc. — west of Eagle Road and south of Overland Road: De Weerd: We will move to Item 8, FP 08-007. Canning: Madam Mayor, we have a letter from the applicant stating they are in agreement with the conditions of approval for this project and there are no outstanding issues to our knowledge. De Weerd: Okay. Council? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve Item No. 8, FP 08-007, for final plat for Gramercy Subdivision No. 3. Bird: Second. Meridian City Council May 6, 2008 Page 17 of 74 t� De Weerd: Okay. I have a motion and a second to approve Item 8. Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: VAC 08-003 Request to Vacate a portion of the existing right-of-way platted on Lots 20 and 22, Block 2 and dedicate new right-of-way from a portion of Lot 22, Block 2 for Sundial Subdivision by Gemstar Properties, Inc. — south of Ustick Road and west of Linder Road: De Weerd: Okay. Item 9 is VAC 08-003. Staff comments. Canning: Madam Mayor, Members of the Council, this is a rather straight forward vacation application. The current configuration of the roadway has a knuckle and they are requesting to vacate a portion of the knuckle in exchange for a T-type intersection that will be extended into this subsequent plat. Staff is -- has received all the necessary relinquishments and is recommending that the Council forward a letter of -- recommending approval to ACRD. De Weerd: And that would include the fire department's comments as well? Canning: Yes, ma'am. De Weerd: Okay. Council, any questions? Rountree: I have none. Bird: I have none. De Weerd: Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 9, VAC 08-003, sending a recommendation to ACHD to approve the vacation for Sundial Subdivision. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 9. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. Meridian City Council May 6, 2008 Page 18 of 74 MOTION CARRIED: ALL AYES. Item 10: FP 08-008 Request for Final Plat approval for 26 single-family building lots and 3 common lots on 7.70 acres in an R-4 zone for Sundial Subdivision No. 1 b by Gemstar Properties — west of North Linder Road and south of West Ustick: Item 11: FP 08-009 Request for Final Plat approval for 2 single-family building lots and 1 common lot on 2.94 acres in an R-4 zone for Sundial Subdivision No. 2 by Gemstar Properties — west of North Linder Road and south of West Ustick Road: De Weerd: Okay. The next two items, 10 and 11, we have had written agreement from the applicant. It doesn't look like there are outstanding items on FP 08-008 and FP 08- 009. Canning: Correct, ma'am. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 08-008 and FP 08-009, request for final plats on Sundial Subdivision No. 1-13 and Sundial Subdivision No. 2. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve these two items. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: 2008 Parks $ Recreation Fees: De Weerd: Okay. Item 12 is a Public Hearing for our 2008 Parks and Recreation fees. I will open this Public Hearing with Mr. Siddoway's comments. Siddoway: Thank you, Madam Mayor, Members of the Council. Approximately three weeks ago we were before you and if you will remember, Collin Moss presented to you the fee schedule changes in some detail. The direction from Council that night was to publish the changes for a Public Hearing, which was done and this was the night for that. I -- the changes that have been published were as per the discussion of three weeks ago and with that I would just simply stand for any questions. Meridian City Council May 6, 2008 Page 19 of 74 De Weerd: Okay. Council, any questions for staff at this time? Rountree: I have none. Bird: I have none. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this applicant -- on this hearing? Thank you. Council, I think we got some in depth testimony by staff in the pre -hearing on this, both in the recreational programs and the youth programs that are being offered. Are there any further questions for staff at this time? Bird: I have none. Rountree: I have none. Just the expectation that we get a report back on the demographics that utilize the programs and area of residence. Bird. Yeah. De Weerd: Okay. Siddoway: I will do my best. Currently -- I'll check the database and see what we can do and bring that back to you as part of our next round of fee discussions for this year. Rountree: Thank you. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I would first comment that we have discussed much of this previously and while that was not officially the Public Hearing, it was a public meeting and those minutes are on record for the public to confer if they need to. And with that said and appearing that no other public testimony is going to be, I move we close the Public Hearing. Bird: Second. De Weerd: Okay. I have a motion to close the Public Hearing. All those in favor say aye. I'm sorry. Councilman Borton was pointing out one of your programs, Red Worm Composting. We are very intrigued. Meridian City Council May 6, 2008 Page 20 of 74 •` Siddoway: Actually, it's very interesting. It's a new class this year and it's one that filled up the fastest. I believe there is already a waiting list for it. De Weerd: Well, you know, I have used worm composting in the past in our vegetable garden and it is -- it is very good composting material. It sounds pretty weird, though. Admittedly. I don't want to know how it's made. Thank you. Okay. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I move that we adopt and approve the 2008 Parks and Recreation fees. Bird: And bring back an ordinance. Rountree: Bring back a resolution. Bird: Resolution. Zaremba: That was necessary and that we have an ordinance on our next regular meeting agenda, which would be two weeks from now. Bird: It's a resolution or an ordinance? Nary: Resolution. Bird: Resolution. Rountree: It's a resolution. Borton: Second. De Weerd: Okay. I have a motion and a second to request a resolution in adopting these Parks and Recreation fees. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 13: Continued Public Hearing from April 15, 2008: TE 08-003 Request for approval of an 18 -month Time Extension to obtain the City Engineer's signature on the Final Plat and commence the use in accordance with the conditions of approval of AZ 05-016, PP 05-023, CUP 05-024, FP 06-011, PS 07-003 and TE 07-004 for Umbria Subdivision (aka Silver Oaks) by Ten Mile Development, LLC— north side of West Franklin Road, approximately'/ mile west of North Ten Mile Road: 0 0, Meridian City Council May 6, 2008 Page 21 of 74 De Weerd: Okay. Item 13 has been requested by the applicant to continue. Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we continue Item 13, TE 08-003 to May 20th, 2008. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Item 13. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: VAR 08-003 Request for a Variance to UDC Table 11- 2A-5 to allow a structure encroachment into the required rear yard setback in the R-4 zoning district for Silman Setback by Stanley Silman — 1749 West Lowry Street (Lot 10, Block 16, Tumble Creek Subdivision #6): De Weerd: Item 14 is a Public Hearing on VAR 08-003. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Silman setback. It's a variance application before you. The property is located at 1749 West Lowry Street, which is Lot 10, Block 16, of Tumble Creek Subdivision No. 6. The variance is to UDC Table 11-2-A5, which requires a 15 foot rear building setback in the R-4 zoning district. And you can see the encroachment on the aerial in this location and I have some other pictures to show. This is the patio area. This is the rear yard. That's the side yard on the west property and the side yard on the east property. There is an existing enclosed patio on the property that is set back nine feet seven inches from the rear property line on the east side and nine feet one inch on the west side of the structure. The structure encroaches five foot five inches to five feet 11 inches into the required rear setback area, measured from the rear property line. And for this we are assuming that the fence is -- corresponds with the rear property line. The applicant states that when he purchased the property in 2003, site unseen, as he was living out of this area at that time, he requested that the builder, John Flaherty Construction, add an awning over the existing patio as part of the purchase agreement. John Flaherty Construction subcontracted the work to Patio Covers Unlimited, PCU, who constructed the awning within the rear setback area without first obtaining the necessary permits from the Meridian building department. Mr. Silman later contracted with PCU again to enclose the patio, but states that he did not know that the awning was constructed within the required rear setback area. Again, this work was completed without necessary permits. Abram Antonucci from code enforcement researched the subject property and setback issue and submitted the following comments. One, the complaint that the structure had Meridian City Council • • May 6, 2008 Page 22 of 74 been constructed within the rear setback area did not originate from a neighbor, but from a disgruntled subcontractor that did some work for Mr. Silman. Number two. PCU stated that Mr. Silman was made aware that permits were needed for the additional work, but that Mr. Silman knowingly told them to continue construction without permits after PCU told him that the structure was within the setback area. Number three. Mr. Silman, then, hired more independent contractors to re-route the venting for a fireplace and install electrical wiring without obtaining additional permits. Number Four. Code enforcement believes that both Mr. Silman and PCU are at fault. Number five. Code enforcement has two additional structure violations pending in this subdivision for storage sheds within the setback and it would create a precedent if Mr. Silman is not required to move the structure. Brent Bjornson from the building department also submitted comments on this application. One, PCU was the contractor who performed the installation. The building department has confirmed numerous additional violations from this contractor recently in other parts of the city. Two. Permitting and setback violations exist on this property. Three. Mr. Silman acknowledged a minor amount of electrical work that he sought contracted, as well as an exhaust fan. Staff recommendation. Per Idaho Code 67-6516 a variance shall not be considered a right or a special privilege, but may be granted to an applicant only upon showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. In order to grant the variance, the City Council must be able to make the following findings: One. That the variance shall not grant a right or special privilege that is not otherwise allowed in the district. Two. The variance relieves an undue hardship because of characteristics of the site. And, three, the variance shall not be detrimental to the public health, safety, and welfare. Staff reviewed these findings and believed that granting a variance for the reason requested by the applicant would grant a right of special privilege to the applicant that is not otherwise allowed in the district. Further, staff believes that there are no undue hardships due to characteristics of the site that would prevent the applicant from meeting the required setbacks. So, the only -- the only finding that staff could make is that it would not be detrimental to the public health, safety and welfare. We have received no additional written testimony since the staff report. With regard to the outstanding issues, approval of the variance by City Council would allow the existing enclosed patio to remain in its current location within the rear setback. Additionally, there is a ten foot wide public utilities drainage and irrigation or PUDI easement along the rear property line that is depicted on the plat for this property. Because the existing structures encroach from five inches to 11 inches into the PUDI easement, if Council approves the variance that portion of the structure encroaching into the easement would need to be removed by the applicant or at the applicant's expense, if access to the full width of the easement was ever necessary. Further, if Council approves the variance, the applicant must seek a vacation of a portion of the easement that this structure occupies. Denial would require that the patio enclosure be relocated or removed if it cannot be relocated outside the rear setback and the easement areas. With that I will answer any questions Council and Mayor may have. De Weerd: Thank you, Mrs. Canning. Council, any questions for staff at this time? Meridian City Council May 6, 2008 Page 23 of 74 Bird: I have none at this time. Rountree: No. I have none. De Weerd: Is the applicant here? Do you have any comments, sir? If you will wait until you're right in front of the microphone, so we can get you on public record. Webb: Okay. De Weerd: If you will, please, state your name and address for the record. Webb: Sure. My name is Brian Webb. I am an attorney with Angstman, Johnson, and Associates, 3649 Lake Harbor Drive, Boise, Idaho. 83703. De Weerd: Thank you. Webb: And attorney for Mr. Silman, who is also here tonight. He has asked me to kind of represent him in this issue. De Weerd: Thank you. Okay. Webb: How much time -- three minutes or so, is that what -- De Weerd: No. You have ten minutes. Webb: Okay. I'm not planning to talk all night. De Weerd: But three minutes is great. Webb: Okay. I understand. Well, thank you, Madam Mayor and Members of the Council, for your time. Most of the facts I think that have been outlined are accurate, except for a few. I vehemently disagree with the staff opinion. The history is almost correct. The only dispute that I have I guess with the history or Mr. Silman has with the history is although PCU did inform my client of -- Mr. Silman of the need to get permits, he was just moving up here from California and he hired a builder to construct the patio enclosed on the property and when it was initially constructed it didn't have the windows that you see, but it did have the posts in the ground and the pavement and a roof and this was all done and a certificate of occupancy was, then, granted with -- you know, allegedly I guess within the setback portion. It was reviewed by the city, I suppose. Again, the certificate of occupancy was granted. The other issue is although Mr. Silman did know that permits were needed, he had just moved up here and PCU informed him this happens all the time, we do this all the time, it's not a big deal. It's going to be okay. So -- now -- so, he, then, commenced later on to hire a subcontractor to -- again, the posts and the roof were on -- to just frame around and put windows in. Client spent about 30,000 dollars putting in a patio with windows like that. He was, then -- apparently, he was turned in with a disgruntled subcontractor. That is correct. And, Meridian City Council May 6, 2008 Page 24 of 74 again, was notified of the need to tear it down. I had communicated with -- I think Mrs. Kane from the city attorney's office advised me that filing a variance might be a proper way to handle this and it would postpone enforcement and -- and so that's what we did. Mr. Silman's entitled to a variance in this case. Standards enumerated in Idaho Code 67-6516 is the right standards and -- and this will create an undue hardship on Mr. Silman. The city first granted a certificate of occupancy and by doing so created a vested right in the portion of -- the setback portion of the property. Secondly, if he is required to tear this down, there is going to be substantial fees incurred for -- probably for a lawsuit and the 30,000 dollars expended to construct this patio goes somewhere. Not sure. So, you know, for any of us I think that is unduly harsh to have 30,000 dollars worth of work taken down and done something with. Again, when he purchased the home, the home was built with the property in the setback range and was inspected probably by the city and a certificate of. occupancy was granted. Mr. Silman is not intentionally trying to avoid setback requirements, this is just a situation that is unfortunate and a variance should be granted. It's not in conflict with the public interest. I have reviewed some of this information I think Mr. Silman received. ACHD has no comments. Sewer has no comments. It looks like health has no comments on this issue. Members of the community I don't think have an issue with this. I guess we will find out shortly if they do. There is nothing that conflicts with the public interest in this case either. The findings are correct. I remind the Council of their own zoning ordinance 11-1-8 of the rights to use private property and the rights to protect private property and to enhance the values. I think the last time there were some inspectors came out, I think probably to take these photographs, commented to Mr. Silman how nice this looks and, you know, 11-1-2, 11-1-8, the purpose here is to enhance property values, one of the stated reasons of the zoning ordinance. A variance will relieve undue hardship, I think, which is another one of the findings that the members of the Council must make. Going to have to expend substantial amounts of money to remove this and -- and granting this would relieve that and would eliminate potential lawsuits. And, again, this is not detrimental to the public health and safety. I agree with the finding of staff on that. And, again, remind the Council members here, they already know, they have broad discretion in determining land use and planning matters. So, with that I request on Mr. Silman's behalf that this variance be granted. Just kind of reviewing the notes of staff here. And I guess with that I can answer any questions you might have for me. De Weerd: Thank you. Council, any questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Could I ask a question? De Weerd: Oh, that's a tough one. Our attorney asking a question. Sure. Meridian City Council • May 6, 2008 Page 25 of 74 Nary: Madam Mayor, Members of the Council, Mr. Webb, you said your client has a certificate of occupancy for that structure or for his house? I don't see one in this report. Because the reason it's here is because he didn't get a building permit, which would have been the trigger for them to inspect it. So, is it for the house or for that structure? Webb: Correct. It's for that -- well -- Nary: It's for the house. Webb: For the house. But when the house was constructed -- and just so we are clear, the posts, the roof, and the patio, it was -- it wasn't enclosed as you see here, but that was -- the certificate of occupancy was granted with already being built into the setback portion. Nary: Right. The encroachment in the easement is what you're talking about. Webb: Correct. That was there. Nary: But the structure itself, the reason it's here is because he doesn't have a building permit for the walls, the windows, the venting, all the other work that was done. Webb: Sure. Nary: I have posts on my patio. That doesn't mean I'm going to enclose it. Webb: Okay. Right. Nary: But I just want to make sure I'm clear what you're saying. The certificate of occupancy is for the house, not for that patio room. Webb: That is correct. It's for the house. But, again, it was encroached at the time that this was granted. It had already encroached at the time this certificate of occupancy was granted for the house. Bird: Bruce has -- Zaremba: Madam Mayor? De Weerd: I'm sorry, can we first -- Zaremba: Okay. Yes. De Weerd: Bruce. Freckleton: Madam Mayor, Members of the Council that was one of the questions that we wanted to answer as we were doing the research on this. We went back, we pulled Meridian City Council May 6, 2008 Page 26 of 74 up aerial photographs that were -- that were done during the time that this house was constructed. We also interviewed -- there was -- this house was used as a -- as a model home during the development of that subdivision. We interviewed the realtor that sat in that house during that time and we also talked with the building inspectors who inspected the home. At the time we issued the certificate of occupancy, the patio cover was not there. We also talked with John Flaherty, Flaherty Construction. The patio cover wasn't -- it came afterwards. So, yeah, excuse me, the patio itself was there. The concrete slab was there, but the cover was an add on. And I believe that add on was Mr. Silman's request to have that added on. De Weerd: Okay. Webb: Could I respond to that, Members of the Council? De Weerd: Please. Webb: I have the contract, I suppose, the contract that was entered into between Mr. Silman and Mr. Flaherty and the contract states that Mr. Flaherty was going to install a patio cover and it -- and it shows the price as part of construction on the project. So, I disagree, I guess, with apparently Mr. Flaherty's statement that — that that was there, but his duty was to construct a patio cover as part of construction of this property and I can circulate this addendum around if Council -- Members of the Council are interested in that. But clearly states that Mr. Flaherty was going to install a patio cover and he was going to use Patio Covers Unlimited to do that. De Weerd: I guess what our staff is also telling you is a CO is issued upon completion, not upon sale. So, when they completed the home it didn't necessarily mean that Mr. Flaherty had sold it yet and so that's probably where we have differing assumptions. Webb: Sure. De Weerd: That CO was issued upon completion and final inspection. Webb: And -- and I understand that and I think that's where -- and I think you're correct, I think that's where this -- this disconnect or this dispute is and can be avoided somewhere along someone's going to -- you know, there is an issue here that can be avoided. It's a fairness issue and a relief of undue hardship issue through the variance process. But I understand, I guess, what he's saying. De Weerd: Okay. Mr. Zaremba. Zaremba: Madam Mayor, the point you bring up about the undue hardship, that part of the sentence is an undue hardship because of a characteristic of the site. I haven't heard you mention any characteristic of the site that causes this to be an undue hardship. We don't normally approve variances for a hardship the homeowner created themselves. What this generally refers to is if there is a canal running through the Meridian City Council May 6, 2008 Page 27 of 74 middle of it, that they simply can't build over or some rock formation that can't be moved. It doesn't normally refer to something that the homeowners did. If the homeowner created the hardship, that's not a characteristic of the site. Webb: Well, first, I respectfully disagree that the homeowner created this issue. And, secondly, the characteristics of the site, there were no problems in construction and -- and, again, it is part of the scenario and the characteristic, I suppose, of this site is that substantial amounts of money are going to have to be expended to remedy this. De Weerd: Council, any other questions from Mr. Webb? Rountree: I have none. De Weerd: Okay. Thank you. Webb: Thanks. Thank you all. De Weerd: Mr. Silman? If you will -- if you will, please, state your name -- Silman: My name is Stanley Silman. I live at 1749 West Lowry Street, the home where this problem is existing. De Weerd: Thank you. Silman: I keep hearing tonight that I created this problem. I don't think I did, because when I was in the process of purchasing this home, I was living in Los Angeles and I was in touch with Mr. Flaherty. He told me there was a patio there. I said I would like it covered. I knew nothing about it needing a permit. I did not know that the house had already been completed and had this certificate of occupancy. What Mr. Flaherty said, if you could afford it and if you could pay for it, I will do it. I had no idea it needed permits. I had no idea it was encroaching into that space or I would not have done that, because who needs this kind of problem. So, I disagree with the findings of the gentleman over there. I don't think I created this problem. The same company I inadvertently hired. I did not know they were the same company that put the patio -- the roof on the patio. I have been cited not for the windows and the structure, I have been cited because the posts are within the space that they are not supposed to be there. I had nothing to do with that. When I put the windows up I was told that permits were necessary and they couldn't get it. It was the same man that put the patio roof up and I didn't know that until I was cited, which was four years later. And I was encouraged by him that it wasn't necessary, that the posts were there, nobody is going to look in, nobody cares and I know that ignorance of the law does not make me not guilty, but I certainly was encouraged and had no idea that this was going to happen. I was encouraged by Patio Covers Unlimited. He said the posts are already there. No one is going to know. I do it all the time. And that's the story. So, I went ahead and did it. I mean the roof was already there when I moved in. And, in fact, I didn't move into the house for a year, because I had personal problems and the house stood vacant for a Meridian City Council May 6, 2008 Page 28 of 74 year. When I came it was there. I had no idea about codes. I have never built a house before and I'm not a -- I assumed that Mr. Flaherty and whoever the subcontractor would be -- because I didn't know who it was at the time -- would have known about the permits and told me it couldn't be done. They did it. Told me it would be okay. Not Mr. Flaherty. Mr. Flaherty -- I didn't have anything -- I didn't speak to Mr. Flaherty about permits. De Weerd: Thank you. Silman: So, just want you to know that. And I don't know where I created the problem. The roof was there. It was built. I paid Mr. Flaherty to have it built. I -- the money was exchanged at the time of the sale and all this is happening. So, that's what happened. De Weerd: Thank you, sir. Council, any questions for Mr. Silman? Rountree: I have none. Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would only comment that I'm familiar with Los Angeles and a permit would have been required there as well. So, it shouldn't be a surprise that a permit is a requirement. Silman: Oh, understand that. But I thought -- I didn't know a patio roof had to be permitted. If it did, fine. But I assume that whoever I bought the house from would take out the necessary permits to complete the structure for me. I was completely ignorant of that. I thought it was done. Had no idea that it was in violation. Bird: Madam Mayor, I do have a few questions. De Weerd: Mr. Bird. Bird: When you filed the closing with Mr. Flaherty, your purchase price included the patio cover; am I not right? Silman: Yes. Bird: Did Mr. Flaherty get a building permit to put that patio cover up or did he just extend it to the building permit for the house? If he had already -- he already had the permit to pour the concrete. That was part of the house, the original building of the house; am I not right? •Meridian City Council May 6, 2008 Page 29 of 74 Freckleton: That's correct. The original patio was part of the -- the house construction. De Weerd: It was a pad. Bird: But it didn't -- it was a pad, but not the -- Freckleton: But not the cover. Bird: So, Mr. Flaherty -- this gentleman bought the house thinking every -- the CO meant that that pad and everything was done and I'm ashamed to say that there is a lot of coverage like that around this valley that have no building permits. I know it happens all the time. He's not lying about that. But that -- that really -- when did -- did we inspect and giving the CO before the patio cover come up, Bruce, as I understood you? Freckleton: Yes, we did. And, Councilman Bird, we currently have about seven cases that we are -- we are tracking for this contractor, so -- I mean you're exactly right. We have got patio covers going up and -- and no permits. Bird: I could probably take you to -- Freckleton: Since we have kind of turned the heat up a little bit we are seeing some compliance, so -- Bird: Okay. Freckleton: It's a tough one, you know, because they go in people's back yards -- Bird: But I understand where Mr. Silman is coming from now. I'm like the Mayor, you know, he thought he bought a -- a house with this that was already part of it. Silman: Excuse me. When I was purchasing the house I asked if he would do some improvements, such as additional landscaping and he put in a pond and he said, yes, if you could afford these things I'll do it. So, I said I'd like the patio covered and he said fine. And that's -- when I came the patio cover was there. Bird: But the patio cover and the patio enclosure is a whole different horse -- Silman: But I have been cited because -- Bird: -- on the deal than -- Silman: I agree with you, sir. Bird: But you -- you, basically, added on another room. I mean you can -- you can live out there in the winter or do whatever you want out there. Meridian City Council May 6, 2008 Page 30 of 74 • Silman: Well, it's pretty cold out there and pretty hot in the summer. Bird: Well, you can put heat in it. I mean -- Silman: It doesn't work. It's too hot out there. Bird: But, anyway, that's, basically, another room and I'm sure the assessor considers it another room. It's not a patio, you -- it's not a patio anymore. Silman: I'm not trying to avoid additional property tax or paying for the permits that they never got. That is not the problem, sir. Bird: Yeah. Silman: I'm willing to do that. I just feel that I'm a victim here and -- Bird: But when you're -- but when the person that comes in to close it, what did his bid say? No permits or did it say permits? Silman: No. I said we -- no. He told me he couldn't get a permit, because it was too close to the fence and he said it really doesn't matter, the posts are already up, I do it all the time. We do it all the time. Bird: But, sir, you knew you needed permits to put -- add something like that on. Silman: Well, at this point I did. Bird: Oh, brother. Silman: But you know, sir, I will be very honest with you, I thought the windows that he was going to install for me, I really thought that that was -- the encroachment was with them. I did not realize it was the posts that I was encroaching and that's what started it and that's what I was cited for. I wasn't cited for the windows in the complaint, I was cited for the -- the posts that hold the roof up. I embellished. I did embellish. I'm an old man, I paint pictures, and I sit out there when it isn't too hot and I paint pictures. De Weerd: Council, any further questions for Mr. Silman? Rountree: No. Zaremba: Madam Mayor, while may. And that goes to the third that it shall not be detrimental to question by a discussion that Development Code, we reduces setbacks to, hopefully, provide he's there, I would ask a question of the fire chief if I thing that we have to find to do a variance and that's public health, safety, and welfare. And I preface my we had when we were formulating the Unified I side setbacks and chose not to reduce the rear some circulation to the fire department and their 0 Meridian City Council May 6, 2008 Page 31 of 74 0 equipment when they needed to get between buildings and around buildings and I guess my question is as you reduce the setbacks, the chance of fire jumping from one building to the next and the fire department not being able to get their equipment in there to stop it becomes an issue, is -- do you have an opinion on that subject in this case? Anderson: Thanks for asking. I know most of you probably think I have an opinion about everything. Yes, from a firefighting standpoint, reduced setbacks create problems. The fire code allows for three foot side yard setbacks. We have increased our city code to five feet. But in the picture that was shown there, if there was a fire in that structure, the windows are one of the first things that go and, then, fire shoots horizontally out those for several feet, depending on how -- how severe the fire is. So, it makes it very difficult for firefighters to access and so firefighters would love to see larger setbacks and that's why we are opposed to these minimum setbacks, especially -- especially an encroachment like this, it looks like there is another building right behind that -- or a fence. Silman: May I comment on that? May I comment on that? The other building on the other side of the fence is about three feet away from the fence. Nary: Madam Mayor -- Silman: My neighbor -- my neighbor over the fence, that's how far away his building is from the -- his -- from that same fence that we share. ®e Weerd: Okay. Thank you. Mr. Nary? Nary: Madam Mayor, Members of the Council, there is also one of the concerns from the code enforcement folks and the building department when they looked at this, was there is a vent for a gas fireplace that vents out the back of that house. It appears from the construction of it that the vent -- and Mr. Freckleton is probably better to explain this than I am, I'm just a lawyer, but it appears to me that the vent is designed to vent straight directly out of the house. What they did when they constructed this patio, an enclosed room there, is they, basically, created a bend in the chimney for that vent, which may or may not make it function the same way, because it's no longer venting out directly, it vents up and out through the roof of this -- Bird: They put an elbow in it? Nary: They put an elbow in it. And, again, without getting a permit and not having it inspected, that's another concern. You know, just -- and I know the Council knows this, but just to make clear for the record, all we are talking about tonight is the setback. There are other issues, there are other code enforcement issues, there are other potential code enforcement criminal issues that may stem from this, as well as the other cases that are out there. But tonight we are here about the setback. And it's not here -- it's not necessarily here in front of you to determine who's right or who's wrong, it's Meridian City Council May 6, 2008 Page 32 of 74 really to determine whether or not this violates our code in encroaching into the setback by creating this structure into the setback and, of course, all this other information about the permits and the lack of inspection heightened the concerns of the building department and the code enforcement folks and the fire department have. But maybe Mr. Freckleton, if I have misstated that regarding the venting of that, he certainly can correct it better than I can. Freckleton: I think you did an excellent job describing it. Nary: Thank you. De Weerd: Thank you. Okay. Freckleton: There was -- there is the direct vent gas fireplace. There has also been electrical work done without permits. Those are the things that Mr. Silman has shared with us, things that we have observed from photographs and that sort of thing. We have not been in the structure. There could be other code violations that we simply don't -- are not aware of at this point in time. Silman: I really didn't know that there was -- you needed a permit to do everything. When -- when the structure was finished and I said what about the lights, Patio Covers Unlimited said -- gave me the names of some licensed electricians and I called someone up and he gave me a bid. He was licensed and he put some fans up for me. And Patio Covers put the venting from the outside vent from the fireplace up through the ceilings, so that there would be no fumes and I have gone through a winter using the fireplace and, evidently, I don't find it to be a danger, but that isn't up to me, that's up to you professionals. I thought everything was okay. I took the advice of the experts, which was Patio Covers Unlimited, who was the subcontractor who worked for me. De Weerd: Thank you, Mr. Silman. I have one other person signed up in favor of this variance and I don't know what the last name is, but the first name is Bill. And I note for the record you're supporting this. If you'd like to provide testimony now would be that time. Well, the minute you open your mouth it's testimony. If you will, please, state your name and address for the record. Herbert: I'm William Herbert. I reside at 1740 West Lowry. Stan's a neighbor of mine. He also happens to be my father-in-law and I just -- I don't see what -- I understand the setback issues, but as someone who lives in that neighborhood and someone who knows the people on both sides of him, he's an outstanding man. He does so much for our community. I just have a hard time understanding why we are going to punish him. You know, it sounds like building and zoning has got it out for him and I just struggle with this. I mean he does so much. You know, I wish there were more citizens in this country like him. I aspire to be like him as I grow up, as I raise my child, and he made an honest mistake. He didn't do it willingly; he didn't do it with malice. It was done. He's willing to pay to -- if it needs to be brought up to code he's willing to do it. If he -- if it needs to have past property taxes paid, he's going to do it. If it has to have changes Meridian City Council May 6, 2008 Page 33 of 74 made to bring it to code, he's willing to do it. He's not trying to avoid all this. He's trying to be a part of the solution. That's all. Thank you. De Weerd: Thank you. This is a Public Hearing. Is there any further public testimony on this item? Mr. Webb, you are allowed the final word, if you have concluding remarks. It's always scary to ask an attorney that, but -- Webb: We will be here all night. De Weerd: But it is timed. Webb: My one question, I guess, for the fire -- fire chief, is that what it is? Or fire person -- good. If -- that extra five feet, how much difference would that make that encroaches right now for the fire people coming in? Anderson: It could make a lot of difference. It could mean the difference of whether that fire spreads to the neighbor's house, because it will ignite the fence on fire, that's a combustible fence, and, then, could spread to neighbors' homes to where it could take out surrounding homes. Webb: Okay. The likelihood of that occurring -- those five feet could really make that difference? Anderson: It can, yes. Webb: Okay. I guess -- okay. Just now I will request formally a takings -- regulatory takings analysis if this is denied. So, I will have that down there. I think that's pursuant to 65-16 and thank you all for your time tonight. De Weerd: Thank you. Okay. Seeing no further testimony, Council, is there any further information you need from the staff or the applicant? Rountree: I don't need any. De Weerd: Okay. I would entertain a motion to close the Public Hearing. Rountree: Madam Mayor, I move that we close the Public Hearing on Item No. 14. Bird: Second. Rountree: VAR 08-003. Bird: I'm song. Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 14. All those in favor eye. All ayes. Motion carnes. • Meridian City Council May 6, 2008 Page 34 of 74 MOTION CARRIED: ALL AYES. De Weerd: Okay. Discussion? 40 Rountree: Madam Mayor, my comments are I sympathize with Mr. Silman and whatever happens tonight I don't think is a reflection on his character. He has testified that he was told that he -- a builder he hired could not do what he wanted done because it was too close to the property line, but the builder also assured him it's done all the time and it's okay. To me he knowingly proceeded without doing due diligence in that regard. He should have at a minimum contacted whoever the permitting agency might have been. And in several other instances throughout what I have heard this evening there was knowledge that what needed to be done was not done. Given that, I cannot see -- I could not make a motion that would support the findings that we would have to make in order to allow a variance in this situation. So, that's my position at this point in time. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I echo a lot of Charlie's, plus I just -- I really feel sorry for Mr. Silman, but, you know, when you know that -- when you know that you need building permits and just because some contractor tells you he does it all the time without and -- that isn't really a proper excuse and, then, you go on and you hire an electrician -- a licensed electrician who should, to be truthful with you, have his license pulled for not going and getting a permit -- electrical is I think one of the biggest causes of house fires -- I, too, am like Councilman Rountree, I -- while I feel bad for Mr. Silman and I truly feel bad for him, I cannot support this variance. I think it's just a combination of a bunch of stupid errors. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I don't disagree. The findings are tough to make. What I would throw out for discussion is whether or not the variance is denied, if there is an ability to put a time period for enforcement and to remedy the situation out a certain time frame to allow Mr. Silman and his counsel, quite frankly, to draft a lawsuit that sounds like it needs to be drafted against Patio Covers, to provide that type of information, at least investigate that, if you're relying on people to avoid permits, and someone's feet needs to held to the fire that type of conduct, again, that's your call. But I can't make the findings to grant the variance, but I just throw out for discussion whether or not there is a means to -- to require the enforcement -- code enforcement to occur on a date certain that is set out some period of time. Nary: Madam Mayor? Meridian City Council May 6, 2008 Page 35 of 74 De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, normally -- and Lieutenant Overton maybe has some additional insight, but you -- if I'm reading the group correctly, you would get findings on this order and direction of denial of this variance in about two weeks, maybe three, depending on language. At least two weeks, so -- but the notice to him of that violation and his opportunity to remedy that and to fix that, generally it takes another couple of weeks and such, but -- so, you're talking 30, 45 days before compliance issues may come about, but it may be less than. Maybe Lieutenant Overton might -- since he oversees that division, might have some insight as to timing - wise if that's an issue for the lieutenant on enforcement, so -- Overton: Madam Mayor, Members of the Council, obviously, enough time's gone by already that we are seeking the best decision to move forward. We are holding up our criminal case for this variance decision. We don't have any problem with waiting a Council -directed period of time to allow Mr. Silman to come in compliance with the UDC. That's not our goal. Our goal is compliance. And if we need to give him a set amount of time to do that, that's great. We would be proceeding with our complaint, but that would be a criminal complaint. De Weerd: Okay. Any further questions or comments from Council? Any discussion on the item Councilman Borton brought up? Borton: Madam Mayor, the only reason I throw it out -- and it's not a critical element for me by any means, but it -- if there is sizeable expenses to be incurred to fix this, it gives the applicant time to approach others you feel might be responsible and try and get that discussion going, all the better. Rountree: Madam Mayor, I don't disagree with that. I think there was an offer made, not necessarily by Mr. Silman, but by his son-in-law that he fully intended to be in compliance. So, if that's the case, if it needs a modification and it needs a building inspection and make sure that he hasn't created a life safety issue for himself, which is as much our responsibility as it is the potential life safety issue for his neighbors, so, yeah, I -- compliance is a good thing. If it's done willingly, that much better. I can support that if somebody were craft that into a motion. Bird: Yeah. I have no problem with that. Borton: Madam Mayor? De Weerd: Yes. Borton: Lieutenant Overton, if we were to -- if -- just trying to figure out how you structure this. If there is a denial of the variance, but that requires compliance within a Meridian City Council May 6, 2008 Page 36 of 74 set date, does that prevent you from continuing the criminal case if compliance actually isn't due until then? I don't want to cut -- I don't want to mess up your process. Overton: No. His compliance does not stop our going forward with the criminal prosecution. Borton: Okay. Overton: We will continue -- we were, basically, waiting for the decision tonight to go forward with that case. We will go forward, because, as we all know, the criminal process is extremely slow and so it's going to be a few months before that would even get in front of a courtroom. So, I'm not worried about allowing a degree of time. It's not going to slow us down at all. Borton: Okay. Madam Mayor, if there is no further discussion, I would float a motion that -- that we deny Item 14, VAR 08-003, the variance for the Silman setback and as part of that motion require compliance and the remedy to be completed on or before June 30th, 2008. Bird: Is that it? Borton: That's it. Bird: Second. De Weerd: Okay. I have a motion and a second to deny Item 14. Any discussion? Rountree: I have none. Bird: I have none. De Weerd: Okay. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: VAR 08-004 Request for a Variance to UDC 11-3H- 4B.2.a, which prohibits new approaches directly accessing a state highway to allow a temporary access to SH 55/Eagle Road for Great Wall Restaurant by Kinsan Chan — 2590 North Eagle Road: De Weerd: Okay. Item 15 is a Public Hearing on VAR 08-004. 1 will open this Public Hearing. This item has been requested to continue to May 20th. Rountree: Madam Mayor? i Meridian City Council May 6, 2008 Page 37 of 74 De Weerd: Yes, Mr. Rountree. Rountree: I move that we continue Item 15 until May 20th. Bird: Second. De Weerd: Okay. I have a motion and a second to continue this item. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Yes. Borton: I will be recusing myself from Items 16 and 17. Item 16: Continued Public Hearing from April 22, 2008: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C -G zones for Waltman Property (aka Browning Plaza) by Waltman, LLC — 505, 521, 615 and 675 Waltman Lane: Item 17: Continued Public Hearing from April 22, 2008: PP 08-001 Request for Preliminary Plat approval of 52 commercial / office lots and 1 common lot on 38.21 acres in a proposed C -G zoning district for Browning Plaza (aka Waltman Property) by SLN Planning, Inc. — 505, 521, 615 and 675 W. Waltman Lane: De Weerd: Okay. Thank you. Okay. Items 16 and 17 are continued public hearings on AZ 06-063 and PP 08-001. 1 will ask to open this with staff comments. Canning: Madam Mayor, Members of the Council, although this is a continued Public Hearing, you have not had a presentation, so you get the whole presentation today. This is the Waltman Browning Plaza project and it's located on the south side of Waltman, east of the Landing Subdivision, and directly north of 1-84. So, it's west of Meridian Road exit there. The applications before you tonight are annexation and zoning of 38.68 acres to C -G general commercial, and a preliminary plat for 40 building lots and two common lots. This is the approved -- the conceptual site plan that the Planning and Zoning Commission acted upon and this concept plan depicts one big box retail building, a hotel, offices and a retail center for a variety of commercial opportunities. There are 21 proposed buildings. That includes five office buildings and five office/retail buildings, one big box retail building, one potential hotel building -- I should point some of these out. This is the big box on the southeast side of the property and the hotel would be on the southwest portion of the property. And nine smaller retail buildings. This is a revised concept plan that the applicant has provided Meridian City Council May 6, 2008 Page 38 of 74 LJ tonight -- or earlier today and in this plan the Ruddy Drive, which was shown as a street previously, is turned into a commercial aisle. So, it's a different type of access. The applicant presents this tonight just as an alternative site plan. He understands that in order for this site plan to be approved that if Council so desires you'd have to continue it and, then, staff would have the opportunity to review it further and coordinate it with Ada County Highway District. But they do have an alternative site plan tonight. You can see some of the images of the proposed structures. And, then, here are some conceptual building elevations. This is of the big box. These are some of the smaller buildings. Many elevations with generally the same flavor to the architecture as depicted on these pictures as the beginning. The Commission has recommended approval at their 3/20/08 meeting. March 20th. There we go. In favor -- speaking in favor of the application were Joe Borton, Shawn Nickel from Rose Law Group, applicant's representative, and Robert Wiener, the applicant. In opposition were Kathy Floyd, Cindy Jones, Donna Aldridge, and Mike Swenson. Commenting were Curtis Lee, Christie Haddock, Nona Haddock, Nathan Floyd, Joe Lorcher, Terry Farnham, and Rob Haddock. Key issues of discussion by the Commission were the necessity for Corporate Drive to be extended from the north to Waltman Lane for an additional access point to and from the site. Let me point that out to you. Sony. The extension of Corporate Drive would be over this creek and, then, down this property line that is currently in the county still and, then, down to meet Waltman Lane. The transition in uses between the future commercial uses and the existing residences to the west along here and The Landing and, then, to the north along here on Waltman. The threshold for how much development can occur on the site until Corporate Drive is extended from the north for 5th Street to Waltman and for uses that are non -office on property that abuts residential uses requires Conditional Use Permit approval, limit hours of operation, and/or prohibit certain uses. So, the key changes to staffs initial recommendation were to add a development agreement provision requiring CU approval for all restaurant and retail uses proposed along the western and northern boundaries and adjacent to the residential uses and, furthermore, drinking establishments and drive-thru uses would be prohibited along those borders. To also add a DA provision restricting hours of operation for businesses along the western and northern property boundaries adjacent to residential uses to not exceed 10:00 p.m. Modify the DA provisions to allow up to 150,000 square feet, instead of 75,000 square feet, of gross building area prior to the extension of Corporate Drive from Waltman Lane across Ten Mile to the north. We have received two -- three pieces of written testimony since the staff report. The first was from Art Berry. He endorsed the project and noted that they own two of the adjacent lots to the east and, then, we -- also from a neighbor to the east, Duane Cope provided a letter today that opposes the project. Mr. Cope's property was annexed with a C -G back in 1984 by a developer, High Country, who. planned to buy the residential properties on the south side of Waltman and develop them commercially. Mr. Cope states that the residents agreed to the annexation with a sunset clause that if the properties did not develop commercially, that the land would remain rural residential. He states further that the properties were never redeveloped and the city did not honor the sunset clause. We have been in communication with Mr. Cope before with regard to some enforcement issues he pointed out to us and we have researched this issue. We can't find anything in the city records that indicates that this was approved with a Meridian City Council May 6, 2008 Page 39 of 74 sunset clause. I suspect that it was an agreement that the developer made with the neighbors, but never was part of the official city findings. And, thirdly, we received additional testimony, an update letter today from Mr. Nickel requesting additional DA provisions and assume he's going to discuss those in his presentation. The outstanding issues before City Council that we see tonight is -- the first one is this threshold for how much development can occur on the site before Corporate Drive is extended from Waltman Lane north across the Ten Mile and how that restriction is applied to the subject applicant. The second one would be the appropriate transition in uses between the proposed commercial uses and the existing residential uses to the west and north. And you may hear testimony with regard to that tonight. And, finally, the applicant, as I mentioned before, has submitted a revised concept plan changing the connection into the Landing Subdivision from a public street to a commercial driveway. The applicant understands that this will require continuing the item in order to obtain staff comments in coordination with other agencies, if Council chooses to approve the application. But we do support proceeding with the hearing tonight to consider the larger outstanding issues related primarily to the extension Corporate Drive and the -- the relation -- the transition from the uses to the residential uses. With that I will answer any questions that Mayor and Council may have. De Weerd: Thank you. Council, any questions for staff? Bird: Not at this time, Mayor. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: When the Planning and Zoning Commission saw this and made their recommendation, did they only see it with a public road? Have they seen the significant change that's been offered since then? Canning: Madam Mayor, Members of the Council, Councilmember Zaremba, no, they did not see the -- they only saw Ruddy Drive as a street -- Zaremba: A public street. Canning: A public Street. Zaremba: Thank you. De Weerd: Okay. Anything further at this time? Rountree: Madam Mayor, this may be a question for Mr. Nickel, but -- De Weerd: Mr. Nickel. Boy, that's a -- • Meridian City Council May 6, 2008 Page 40 of 74 0 Rountree: Yeah. Whatever. Shawn. Is this scale messed up on this rendition, that it should be shifted to the west? Is that -- Canning: It does appear to not be correct, because we have got a gap here. De Weerd: I thought that was a huge transitional buffer that was greened up and all of that and -- Rountree: We will clear that up a little bit later, then. Nickel: Good evening, Madam Mayor, Council. For the record, Shawn Nickel. 6223 North Discovery Way, Suite 200, Boise. Here tonight representing the applicant. Yes, the first thing I noticed, too, is that somewhere in the e-mail to your staff that did get shifted over, so -- look there it goes. Right there. Magic. It's still not fitting quite right. Madam Mayor, with your indulgence, I have got a couple of handouts -- or a handout that I'd like to -- De Weerd: Okay. Mr. Nickel -- Nickel: Yes, ma'am. De Weerd: -- I guess does staff have this on the computer, so we can put it on up there as -- if you're going to refer to this? Nickel: Staff has -- yes. Yes, they do. They have all those on there. De Weerd: Okay. Thank you. Nickel: Thanks again. First of all, I want to really thank your staff for putting up with us for quite some time as we have made it to this point in this process. Numerous delays to try to get this application right. One of the -- one of the problems with developing a piece of property that you don't know what the ultimate outcome is going to be is trying to make it as flexible as possible for that -- for that end user. We have been lucky in the last month and a half or so that we are working with a national developer who builds quality shopping centers all around the country and they have been helping us and giving us input, which in that sense we have modified the site plan that you see in front of you. Still working with ACHD with regards to the -- to that Ruddy connection and indications from ACHD are they -- they don't see a real problem with turning this into a private drive, rather than a public street, but, again, we will get their revised report and it will be a condition of approval that we meet ACHD's requirements. The developer and the applicant believe this is a key piece of property in your -- in your city or, hopefully, to be in your city with this annexation approval. Key in the sense that it is on the 1-84 corridor. It is an entrance point into the city and it is going to provide very important services to a growing community. Again, as I stated, we have been working with your Planning and Zoning Commission. We have had several meetings with them. We are working with your staff again. It's been great to have them on board. And also we are 9 Meridian City Council May 6, 2008 Page 41 of 74 0 working with MDC and the highway district and several of those issues we will discuss this evening that have come up in this process. Again, the revised concept plan is in front of you. We are going to the MDC next week to request their assistance in some of our improvements that we have on the property. And your staff and the Planning and Zoning Commission has made recommendations, two of which are kind of key to tonight's discussion. One of those is the conditions that came out of your staff and that came out the Planning and Zoning Commission with regards to types of uses and the design of those uses along -- this area right here is kind of the key area and we are focusing on and that's that a transitional area that we understand whenever you put a commercial use next to an existing residential use. Actually, to be fair, it's this area right here. You have the freeway and we have vacant property along this portion right here. And one of the key site characteristics is the -- is the creek on the west -- on the eastern boundary. In your packet and I have -- and I do apologize to staff, because we did get this to them very late, this last page, but that's our recommended conditions within the development agreement that we'd like to see on this property now that we do have a developer that we are working with that can kind of envision how this -- how this property is going to move forward. What -- I guess one of the key additions that we would like to propose is to provide a solid masonry wall along the -- this area right here adjacent to the -- to the residents that, obviously, are not going to change -- not going to change uses in the future, they are always going to be residential. In addition to that, incorporating the -- a landscape berm to provide that -- that buffer -- that noise sound barrier for this -- for this development. We think that's -- that is key in trying to make sure that the uses that do go along these boundaries in the future are compatible to those residents and is a responsible way to develop. I don't necessarily want to go into them in detail. We can -- we can discuss them if you would like, but what we are trying to -- what we are trying to get is we are trying to get the flexibility to allow all uses within this -- that are allowed in the C -G zone within this development. Now, obviously, if they are required under the code to have a Conditional Use Permit, they would -- they would go through that process -- that additional process. In dealing with staff and in dealing with your Commission and their concerns, we are willing to limit the use of bars or drinking establishments, prohibit those. Prohibit drive-thrus. And to make restaurants a Conditional Use Permit to provide for further public review of that type of use if they would go along that boundary. All other the retail and office uses we would like to have and as they are currently in the C -G zone. We are hoping that with the -- with the improvement of that barrier setbacks that we have agreed upon in the -- in the conditions of approval and additional review, that we can find that transition and that compatibility. So, if you want to go into those in more detail, we can do that, but I'll kind of leave that for now and, again, to be fair to staff, they got this literally an hour before they closed down, so we can continue to work with them on that and see if they -- you know, and have them review the site plan if that's necessary. And, then, the other key issue, which is actually more important, I think, than the uses is the requirement coming out of staff and coming out of the Planning and Zoning Commission to require an off-site road extension, specifically the Corporate -- future Corporate connection to the north and over the creek. We are very uncomfortable of having an off-site improvement where we don't have necessarily the control over the private property that that road would have to go across. So, as it states right now in the recommended conditions, we Meridian City Council May 6, 2008 Page 42 of 74 0 • are required to -- to bring that road through and to approve it -- or improve it. Now, just so you understand, the property with the connection to Ruddy and the connection to Waltman, we do have two access points into the development currently, which does provide for emergency -- two access points for emergency and for -- and for access. In addition, this is not a requirement that's coming out of staff or out of Planning and Zoning Commission, but we intend to -- obviously, we are improving Waltman along our -- along our boundary -- or along -- within our boundary. We are proposing to improve Waltman from our eastern boundary to the edge of where ACHD is going to have their new intersection that I know you're all aware of right in this area right here that's going to improve the Main Street - Meridian Road - Waltman intersection. So, you are going to have a -- you are going to see an improved Waltman into the property, we just don't -- we just can't grasp the -- an off-site improvement being placed on this property. So, that's -- that's really the key issue and we can -- we can discuss that in more detail. The developer has flown -- or the potential -- potential buyer of the property has flown in from out of state. He and his -- are here and they are going to talk to you in better detail than I can about the uses on the west and they have got the experience in developing shopping centers, I don't. So, I thought it would be better for them to kind of explain to you how they approach this type of scenario and, then, they will have some comments also on those off-site improvements. Just a few more things and, then, I will be quiet. Actually, I think that's — that's all I'm going to state for now. I will bring the team up. We also have our engineer present if any technical issues, irrigation, anything like that about the site need to be explained. He's -- Ross is here. I'll stand for any questions right now. De Weerd: Okay. Thank you. Nickel: Thank you so much. De Weerd: If you will, please, state you name and address for the record. Stange: Roger Stange, Benner Stange & Associates, Portland, Oregon. We are the architects for the potential developer of this project. De Weerd: Thank you. Stange: I just wanted to expand on a few things that Shawn was talking about and I think the first thing I'd like to expand on this is the extension of Ruddy Road, because you saw two diagrams up there. The initial one shows Ruddy Road as basically a -- what we would consider a thoroughfare through the project and, then, you saw a second diagram that has been submitted, that one right there, which shows Ruddy Road as an access with -- access into the project. What we envision here is -- and I think you can see the basic difference between those two plans, even in this very conceptual diagram -- is that in this diagram Ruddy -- the extension of Ruddy Road does not separate the project into two separate parcels, it actually ties it together. What we see is a project where the extension of Ruddy Road out of the project, people actually traveling out on that road will not know whether it's a public or private, it will Meridian City Council May 6, 2008 Page 43 of 74 basically look the same, it will act the same, everything else. It will have landscaping. It will still be treated as a road. It will not be an access drive aisle or anything like that. So, it will appear the same as a public street, but it will not be a public street. Therefore, it will not separate the parcel into two separate parcels; it keeps it as one parcel. In fact, it opens up opportunities for us to develop more of a center core, which you haven't seen yet, but if you can envision the extension of that Ruddy Road over, you'd see that we could actually extend it and have more of a central core to the project in that area right there, where we could actually have something that would be more like a town center to the project or a court in the center. Every project needs to have a heart to the project. This project so far does not have that. And that would be our intention in the future is developing that. So, as you're traveling along that road, we want that road to service not only for fire access and for access for the residents, but we don't want to encourage people to come in and out through the adjacent neighborhood, through the residential neighborhood. We want to give the neighborhood access -- easy access into our project, easy access for both for pedestrians and automobiles to come in and out, but we don't want to encourage traffic into the neighborhood at the same time. We think that this type of a scheme where it shows it more as a -- a roadway within our project and not as a public street or a public thoroughfare accomplishes that purpose. The other thing that I wanted to talk to you about is, actually, the -- the edge along the project, which is next to the residential right here. That's always a concern on retail projects and, basically, my firm is a retail architectural firm, we have completed over 40 million square feet in nine western states in the United States and it's always a concern, but our history shows that retail projects are actually very, very compatible with residential projects. In fact, we actually promote the kind of pedestrian access between the residential project and the retail project, because we want those to -- to invite those people in to be shoppers in our retail project. In addition, we actually come up with a project that actually allows us to, basically, serve as a buffer to that residential area and what we are proposing by the wall and the landscaped area along the western edge that you see -- excuse me. Right here. And here and here. Would be a combination of a wall and a landscaped buffer that would serve as -- as a visual buffer from the neighbors. It would also kind of keep us apart at the same. In the past we have actually worked with neighborhoods, if they prefer to have access in at certain points, we will give them access into the project and things like that. And at the same time it allows for the neighbors to come in and out through the project and use it as their access point. But what we would like to do is, actually, have a buffer zone along here, along this edge right here, which gives us the flexibility of having uses that are conditional use within a certain dimension of the property line. You know, one of the questions that came up on this is -- is a project that abuts the western property line of this project. What we see as a project that, actually, probably tends to face toward Meridian and probably will end up in the future facing more like that, or maybe in a U shape like that, but it will be a project that will tend to back up to the neighborhood. In every retail project you have, basically, a front door and a back door to a retail project. It's really desirable to have the back door toward the neighborhood, because that serves as a buffer for things such as lighting, automobiles, things like that to the neighborhood. At the same time you want to be able to buffer that from the neighborhood. So, what we would propose is this wall, a landscape buffer along the back, along this edge of the Meridian City Council May 6, 2008 Page 44 of 74 i 0 project, that would serve as that buffer zone between us and the adjacent residential neighborhood. This is something we have done very successfully in the past. We have a number of projects with it and we can bring in photos in the future to show you what we actually envision along there happening and how that could be enhanced and how we protect the neighbors from our project and at the same time invite them into the project. We -- we control lighting through shields and things like that. We have lighting requirements on the backs of the buildings where we don't cast any light outside of our -- outside of our property line, so that lighting does not become an issue for the neighbors. And other issues like that that we typically address in any retail project that abuts residential projects. In addition, I think one of the things that I heard was that — was that drive -up uses would not be allowed. Actually, what we are proposing is drive - up uses are a conditional use within a certain area of the site. Drive -up uses can really vary a lot and, actually, I think it's to everyone's advantage to have it as a conditional use, because some of the drive -up uses are very, very desirable, such as drive -up banks and things like that that people want to use, and others are not as desirable. But I think we want to allow them at least as a conditional use, so you get to look at them again as they go through the process and see what type of a drive -up use that we are actually proposing. I think along this edge of the property, which is along Waltman, we have a public street separating us from the residential property. We don't actually view that the same way as we view that edge right there as far as it being a separation. We view the public street as being part of our separation, just like the highway is part of our separation of our project right here. And that potentially we may end up with drive -up uses along this area, such as a drive -up bank or something like that that typically want to go near the entrance to the project that may be desirable to have up in that area, because it's a very quiet use. It's doesn't generate a lot of traffic. It has very limited hours and things like that. So, there is a certain amount of flexibility in the type of drive - up uses that we propose. Therefore, allowing them as a conditional use within a certain number of feet to the property; is actually to everyone's benefit, so you get to view them again and we get to propose them again to you. This is, as I -- as Shawn had mentioned, this is a very, very conceptual plan. On a project of this scale, which is 38 acres, we will probably have about 125 site plans when we are done, in that range, and so there will be a lot of changes to the site plan. So, it's important that the rules and that the guidelines that we are following have some flexibility and some regulation that we can follow, but I think as long as our intent is always the same that we provide the same intent that you're looking for as far as design quality, as far as buffering, as far as landscaping, as far as lighting, as far as all of those issues, which we are used to providing, then, I think everyone will be very happy with the results in the end. I'd like to open it up for any questions at this time that you may have of me. De Weerd: Council, any questions? Bird: I have none. De Weerd: None? Zaremba: Not at this time. Meridian City Council May 6, 2008 Page 45 of 74 Stange: Okay. I will tum it over to -- Rountree: Madam Mayor, I have a question. Stange: Yes. Rountree: Two or three, maybe. And -- you talked about the west side. Stange: Yes. Rountree: And you about this -- this concept being different than the one that was proposed to P&Z in terms of a thoroughfare through here and this more of an access into the -- Zaremba: Excuse me, Councilman Rountree, I'm having trouble hearing you Rountree: Okay. And you're talking about this more of an access into the development. Given that this property to the west has one way in and one way out at this point in time, if you open that up it's going to become a mini thoroughfare. I don't care what you do, if you're trying to provide continuity through your development that way, to me -- and I appreciate the access here, because I think if this happens, then, the folks that live in that western area are certainly going to want to shop and do business in this location. But some way or another that movement is going to have to be discouraged to the point that you're going to minimize that cut -through traffic. Stange: Well, we agree totally, yes. Rountree: And I don't know how you do that and I've not seen a proposal that does that and it seems to me that the -- the previous one at least recognized it was going to happen when -- and built the road to accommodate it. This one recognized you want to have continuity between your development, but I see what you have created is you've probably exacerbated that by having a lesser facility, but you're still going to have that movement of folks getting out of town. Stange: In both cases -- that is potentially true I think in both cases. In this case, though, versus the other one, which indicated is a more direct thoroughfare, it was quite obvious in the other drawing that you could see. When you get to Waltman it was very easy to slide right down through in the neighbor. That's exactly what we want to discourage. We don't want our people going -- I have seen the road system in that neighborhood. You can't send anyone through it. It's like a maze inside there. You can't do that. Our access needs to be out through Waltman. That's where our access needs to be in and out is through Waltman, not through the neighborhood. If that means doing some type of a barrier in there, if that means doing something that the fire marshal finds acceptable in there that let's the neighbors in and out, doesn't let us in and out, whatever that is that we come up with for a solution, it will work. We don't Meridian City Council May 6, 2008 Page 46 of 74 intend to go through the adjacent residential neighborhood for our access at all. Our access will be through Waltman. Rountree: I'm not -- I'm not directing my comments to your access, I'm directing my comments to those folks that live there who want to get out of town instead of going up Linder and going -- Stange: They'll come through our property. Rountree: They will come through your property. Stange: Yes, they will. Yes. Rountree: And to me that's -- Stange: And we want them to come through the project. Rountree: I know you want them to come through the project, but I've not seen anything in terms of numbers that might divert, but I could anticipate -- I could anticipate that that could be a real traffic issue in terms of accidents, conflicts between pedestrians and vehicles, those sorts of things, so -- I just anticipate that, you know, it looks good on paper, but when our enforcement people and police and fire have to respond to a lot of things that go on out there, how -- how do we find a remedy to that potential conflict? Stange: Well, I think that as we see the plan develop and as we work with the fire marshal for the access and the traffic engineers for what their requirements are and our own requirements for our tenants, we will come up with a solution that will be -- achieve all the kind of things that we need to do. For instance, as you're coming out of Ruddy through here, if you look at the other drawing, you can see how this kind of funnels traffic into there. That's a big concern. If you look at the next photograph where it doesn't, I think that has a potential of perhaps in the future this street develops more as a main street type scheme or something more retail oriented along this. So, all of a sudden it becomes much more inviting for the neighbors to go through and much more desirable for them. At the same time we don't want to encourage traffic through the adjacent neighborhood. We will work out whatever is necessary in order to stop that from happening. Rountree: I don't see that's a problem neighborhood. Stange: From the neighborhood? Rountree: Yeah. I think the problem is the traffic from the Stange: Well -- okay. Now, honestly, we hope there is traffic from the neighborhood. That would be great for us. We will accommodate it and invite it. Meridian City Council May 6, 2008 Page 47 of 74 Rountree: Follow-up question and I've not seen it. Has there been a traffic impact study done and has it been submitted to ACHD and has it been responded to? Stange: I will have to defer that. Rountree: I see a shaking of the head from in the affirmative from Shawn. Stange: Yes. Rountree: Okay. Thank you. Stange: Okay. And now, if it's all right, I will tum this over to our developer Dave Moore. Zaremba: Actually, before doing that, Mayor -- Stange: Pardon? Zaremba: I did say I was going to save my comments for later. I do want to hear some of the public comment. But Councilman Rountree has picked up on the subject that -- that I certainly agree with him. Is there anything that we can show on the aerial that's more like -- you probably can't see it from here. There is a drawing -- there is a drawing that shows both -- De Weerd: Anna. Zaremba: -- the interstate and the -- and Linder. That one's better. That's even better. Thank you. Stange: Yeah. Yeah. Zaremba: Thank you. The issue is actually the other way around from what you're framing it. Over the years as these subdivisions have come before us -- the current situation is, essentially, from the intersection of Linder and Franklin, all of this is one cul- de-sac. We have been approving projects in there in the promise that this stub street would make a connection over here. All of these people that live within a half mile of this interchange currently have to drive three-quarters of a mile up to Franklin, a mile across Franklin, and three-quarters of a mile back down and half a mile back into their subdivision to get someplace that's a half a mile away from them. All along the plan has been that this is eventually going to become easy. It has always been the thought that -- is it Ruddy Street, I believe, something like that? -- would be a public road somehow connecting through this property to get the people short circuited to there. I don't see that this is going to attract a lot of non -- people who don't live there are not going to find it attractive to drive through there. 7-L Meridian City Council May 6, 2008 Page 48 of 74 Stange: I think only once. Zaremba: But all of the people that do live there -- De Weerd: They'll get lost only once. N Zaremba: -- need this access and in my feeling that needs to be a public street. And I realize that it changes the issues of how you do it, but we have been talking about that for so long that I can't see that not being a public access. Stange: You know, we do projects with -- I mean in the urbanization of most of our projects we have public -- what are private streets throughout our projects, but the fact is no one knows whether they are public or private when we are finished. They can't tell the difference. And that's what we see this project being is an urbanization of it and that the public street -- whether it's public or private, as long as it's treated with the same type of degree of detail and sidewalks and curb and gutter and streets, things like that, and boulevards, no one really knows the difference whether it's public or private. We just see it more integrated into the project and not serving as a barrier and not inviting traffic into the neighborhood. And that's the difference, I guess, is that I don't think anyone coming from the neighborhood would recognize whether it's a public or a private street. You can't tell the difference when it's finished. It just -- we don't want it to read as much as a thoroughfare in and out. Zaremba: Well, we do try not to connect public streets to public streets with private streets in between or private drive aisles. Stange: Yeah. We know that. Zaremba: And the principle all along has been that public streets make the connections. It's easier to keep it in the public domain for future -- future access. De Weerd: Well -- and I would imagine, since this will be continued, that one of the things that we would want to be brought back is an example of the street movement of the traffic -- Stange: A cross-section and to show how we treat it. De Weerd: -- what the pedestrian crossings would look like and I think you have an excellent opportunity for a roundabout in there. Stange: You know what -- De Weerd: I mean I had to say it. You always know I'm going to talk about roundabouts. N Meridian City Council May 6, 2008 Page 49 of 74 Stange: I think we agree with that. I think we have an excellent opportunity with something right in there. De Weerd: But there -- there is -- there is a lot to be said. This has always -- in fact, we have tried everything we can think of to try and open that up for that emergency access and it -- it is an important connection for that neighborhood and -- Stange: We agree totally. The neighborhood needs to use that. De Weerd: Thank you. Rountree: Now you can go. Moore: Dave Moore, Trammell Crow Company, Lake Oswego, Oregon. De Weerd: Thank you. Moore: Madam Mayor, Members of the Council, I appreciate the opportunity to stand before you tonight. I'm here to speak at 30,000 feet. We have a lot of very well trained professionals that have worked in your city for a long time on this team and we are relatively new to the game. Two concepts. Number one, the more restrictions that we place on this project, the less commercially viable it ultimately becomes, as a general rule. Not this particular piece of property, but in general. Second, there is an economic impact to all of these things. And specifically I want to talk about the expansion to the north of Corporate Drive. That is a particular concern to us and one that I would address my comments more in the form of a question. It is confusing to my company how one would expect the recommendations, albeit I understand, I see the big picture, I understand the one bite at the apple philosophy, how there was not right of way, how the plan is not in place to burden this property with the expansion of a -- with Corporate Drive to the north when simply it doesn't exist today. Two issues. Number one, economic. It costs money to do that. That means the rest of the project will have to support that. It's a reality of doing business today. Unfortunately, I wish we were in the market three years ago, not today. But, nonetheless, we are where we are. So, there is an economic impact. But, second, and equally as important, is how are we supposed to accomplish this. The right of way does not exist. It's a private party. There is not a design structure in place today where anybody can point to and say, well, the road's supposed to be there, maybe it's there, maybe it's over there. I'm not sure how or where it's supposed to exist. And to encumber the -- the project with a -- just a unilateral -- this road needs to be connected, without giving us the information and the process and the power to accomplish that, is going to be very challenging. I don't know -- I don't own the property today. I'm not sure if anybody in this room owns the property. My guess is maybe somebody does. Is it worth five dollars? Five million dollars? I'm not sure. I'm sure this hearing doesn't make it go down in value. So, I'm not sure what the economic impact is, let alone how I accomplish that. So, we are interested in doing this project. We think this is a great piece of property. We think that the City of Meridian embraces this property as the gateway to the project -- or to the city and we think we N Meridian City Council May 6, 2008 Page 50 of 74 00 can create something that can be absolutely fabulous here. I think you heard some of Roger's ideas, connectivity, pedestrian access, working with the neighborhoods, improving Waltman from Meridian to the project all the way through. Without saying we are not going to do it, I'm saying we have a giant concern with how we are going to do it and how we are going to pay for the connection of Corporate to the north. That said, we would like to work with you on connectivity to Ruddy. We would like to work with you on buffering uses to the north and to the west. We would also like to make this the gateway to the city. It's going to be very challenging when the main drive is here to orient this project any way, but have the back of the project this way. It will never expand this way. It's only going to expand here. Ultimately some day all this will be commercial, which means the project wants to face this way. So, I don't have any grand answers for tonight. I'm here to introduce myself, I'm here to talk to you about some concerns we have. I want to acknowledge the staff for their cooperation. We have met with them several times and the consultants have worked on this and just simply express our concerns about how we actually pay for and accomplish the staff recommendation that Corporate Drive be connected to the north. If there are any questions I'd be happy to answer them. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Okay. Mr. Zaremba. Zaremba: Just in case it doesn't sound like it, let me say I'm thrilled to see something happening here and the concepts that are being presented I think can be a plus. The devil, of course, is always in the details, but I'm thrilled to see something moving forward and things being presented. That said, I may be interpreting what I think I'm hearing from staff or the Commission differently than what you are. I didn't see that they are actually requiring you to do Corporate, I interpret it as there may need to be a limit on how much development you can do on your land before somebody else does Corporate. Moore: At 150,000 square feet on 38 acres, it's not a yes or no, it's a when. Zaremba: Okay. Moore: And the when would be very, very soon. De Weerd: Okay. Anything further? Zaremba: No. Thank you. Meridian City Council May 6, 2008 Page 51 of 74 Moore: Thank you. De Weerd: Thank you. Okay. I do have -- Rountree: Madam Mayor, I -- De Weerd: Yes. Rountree: -- thought of one question for Roger, if you would indulge me. De Weerd: Okay. Rountree: And -- Stange: Roger Stange, Benner Stange. Rountree: -- it relates to the concept, the design, and the utilization of the site. Is it your intent, if this were to be approved, to -- to the extent possible put Ten Mile Drain -- or creek an amenity with Ten Mile Drain, do something with it besides a weed patch ultimately? Stange: I think I'd have to -- Rountree: Or a wildlife habitat or, you know, something that's beneficial -- Stange: Well, we are still investigating that. We don't know what the Ten Mile -- what the creek and what the drains really will consist of in the future. Right now it's an open creek. We are assuming it stays the same, but we -- until we kind of figure out what's going on on the site plan, we -- we don't know how to utilize it yet. Rountree: Okay. Thank you. Stange: Okay. De Weerd: Thank you. Rountree: Thank you, Mayor. Canning: Madam Mayor? De Weerd: Yes. Canning: Madam Mayor, Members of the Council, Councilmember Rountree, it is a designated pathway location, so there would be a multi -use pathway. M N Meridian City Council May 6, 2008 Page 52 of 74 Rountree: Okay. Okay. Very good. De Weerd: I will get to you when your -- in the order of signing up. I don't know if Shawn explained, but that was the longest ten minutes I've ever had for a developer giving the presentation. And I don't know if our timer kind of got a little mixed up, but you will get your three minutes shortly. Okay. Sony. I'm -- I run the meeting. That's my big important job. I don't get to vote, but I get to run the meeting. So, we will get to you, I promise. Okay. Thank you. Curtis Lee has signed up -- and neutral against, so -- if you will, please, state your name and address for the record. Lee: Curtis Lee. 365 Waltman Lane. De Weerd: Thank you. Lee: We border the property right along the ditch where it's going to be and when we moved there 50 years ago it was route three, we had a small little dairy, and it was a dirt lane, just as Waltman Lane is around the comer. Well, we owned the middle of the road. The lane, rather. It's called Waltman Lane. It's not even a road. And the residents down the lane put asphalt and gravel down. We have no city services, but we are zoned for the city. We have no sewer, no water. Joanie had the dog catcher come down and get the dogs at large and you call the dog catcher, they say, well, one side's county, one side's city. So, we are right in the middle. I saw the road people doing surveillance at the comer for you guys to be doing that and they said they have a 25 foot easement to take all -- because you have got to do Waltman Lane, which we know is going to happen. Well, they said they were going to take 25 foot of our property, which is our well, our shrubbery, everything we have. Our mailbox. And they said they had that right of way and I said, well, according to our -- my property line, we own to the middle of the road. You got 25 foot from the road, but you don't have 25 foot from the road onto our land. They said they acquired it when that one company she was talking about tried to get it zoned for a mall and the sunset clause that she's talking about, I'm not sure if we have it not. We should. But I know we have -- are grandfathered. I have five head of cows, 20 chickens, and a pig that borders their property. You know, we irrigate from the ditch. We have our own well. We have city services. And I'm just -- no disrespect to you, Madam Mayor, or the City Council, but after what I saw in the Statesman a couple three weeks ago where we condemn property and put up a parking lot, I just don't want to see that happen to us, because we don't want to sell, but we are going to have to give right of ways and probably are going to have to sell, so you can redevelop all of it. We know that that's going to happen. But it just kind of scares you when they can do that kind of stuff. And it is the law, I know they can, but -- that's it. De Weerd: I appreciate that. Council, any questions? Bird: I have none. De Weerd: Thank you. Mike Swenson signed up also on the line. Good evening. N Meridian City Council May 6, 2008 Page 53 of 74 7� Swenson: Hi. Michael C. Swenson. I'm at 815 Waltman Lane. Kind of the back comer of Waltman there. And when we came to Meridian about 16 years ago and went dutifully to the ACRD, how they were going to renovate the streets in Meridian, there was a connection to Corporate from Waltman Lane. So, this has been going on for a long time. What's happened in the past when they have closed off Linder to do utilities and they brought in all the subdivision down Waltman, it was a disaster. It was like wall to wall traffic that you literally had to force your way in to get on -- out of your driveway. And so it was a nightmare and now there is -- this was probably three or four years ago and now there are a lot more people back there. So, the things that I'm concerned about is getting that connection in, because I think there is going to be more traffic than you can shake a stick at coming up Ruddy Way and l don't think the whole system is going to work. I would also like to see corporate drive go over to the subdivision and provide another access point to give the subdivision people in and out. I think, you know, the developers have been reasonably -- this might make me real unhappy with my neighbors, but I think they have been reasonably responsible. They have put in fire access on their own property, which I thought was very well done. And, of course, I'd like to know from the developers, well, how big of a wall, but -- my wife told me to ask that. But that's all I have. Thanks. De Weerd: Thank you. Kathy Floyd signed up against. Mainly against. Floyd: Mainly against. Yeah. My name is Kathy Floyd. 520 Waltman Lane. Mainly against -- I'm not against the property turning commercial, I'm against how it's set up, the plan, which -- correct me if I'm wrong, but I understood that neighborhoods -- neighbors were supposed to be informed of plans, including all the changes, and the last -- this is the last plan that we have ever seen. So, for them to come tonight to change, I think doesn't seem right. A lot of reference has been made to being -- Waltman being the gateway to the city. It's a dead end lane. So, it's not going into the city. I don't know why that's called the gateway. If you look right here, coming off the exit, right now a lot of people actually try to go right into the left-hand, so they can turn down here and avoid lights, which I know with the split corridor is supposed to change that, which I don't really think the split corridor will help. I'll go on record saying that. But with Waltman being the main access point to not this subdivision, but for other subdivisions, that will be the main access and I don't really think Meridian should be known for halfway -- half of this road is storage, so if that's the view you're wanting people to think of Meridian, its not a very nice view. And so I think that's very poor planning. And I know a lot of stuff has been said as far as the 20 year plan that this is supposed to go to commercial and I understand that. I'm not against it going commercial. But if that was the 20 year plan, then, they should have allowed the storage unit to go in and they shouldn't have allowed this subdivision to go in without proper roads. And you had 20 years to plan that. I have been around for 20 years. I mean more than 20 years, but I have lived on this land for on -- over 30 years and I think that if that was the main plan, then, we could have accommodated for it long before now. One of the things that was mentioned by the developer is that he would do whatever it takes to make sure this is not a thoroughfare and the one thing he could do is make Corporate Drive go through and I understand he doesn't want to pay for that, w Meridian City Council May 6, 2008 Page 54 of 74 M but that's part of development. The other thing is Linder Road could use an overpass. That could also cut down the people going through and cutting right through to go to the exit. Another thing that I don't think is in line with what the city actually wants -- there is no bike trails, there is no walking trails, which I know if you're wanting all these people from the subdivision to come to this development, how are they getting there? There is no bike trails, except on the other side of the Ten Mile ditch and there is no bridges that they are proposing and they are not proposing that to be extended until the other property on the -- up there is developed. So, I think. that the developers are asking for flexibility and I understand for them that would be nice, but now I'm hearing is it is that they are really not wanting responsibility and I think that they should be held accountable, because it's affecting a lot of people in Meridian and it's affecting the residents of this lane. De Weerd: Thank you. I have Robert Wiener signed up for. Wiener: Good evening, Madam Mayor, Members of the Council. Robert Wiener. 2730 South Mayflower Way, Boise. 83709. De Weerd: Thank you. Wiener: I am a current partner. I now know how you feel on election day. I feel like I have been campaigning for three years to get to see you. When we first started the project I started meeting with the neighbors. First time ever to eat rhubarb pie. Rountree: Nona's special, uh? De Weerd: I love rhubarb pie. Wiener: Well, best pie I ever had. The first thing that was a concern of the neighbors was that we try to do something with Waltman Lane, so that it's not running directly adjacent to their property as it sits so close to their home right now. What we ended up doing is we decided on our own behalf that we would shift Waltman and give them some of our property and move Waltman Lane down onto our property, which, in tum, made us also have to improve the entire Waltman Lane and not just half, which would have been ACHD's requirement, because now basically everything from north of center line is now going to belong to the families to the north. So, we tried to accommodate them in the way. We have met with them many times and as much as I understand that they would like to not see a development, that they would rather see this as a giant ski lake, we are really trying hard to accommodate them and work with them and so that was our first part. And we have also offered that when we do donate this property to them that if they would like it landscaped with a berm to their side or just a thicker, denser landscape that we will pretty much accommodate whichever way they decide to go. As far as Ruddy Lane goes, there is -- there is no simple answer as far as how anybody's going to empty that traffic out of the subdivision and we understand that. Staff had talked about a circuitous connection. We had talked about a more direct connection. Staff talked about the connection being a drive aisle, connection lane like M Meridian City Council May 6, 2008 Page 55 of 74 r you see it now, versus public street. I don't think staff really cared either way, as long as we accommodated and made it look nice. So, we have worked towards that, so that it's not fast traffic through our development and hitting Waltman Lane at high speeds, whether they tum right or if anything ever happens to the north, they are not just flying across. We have tried to make it where it's a slowed down access. Sewer and water, as far as any issues there, they are both -- sewer is across our entire property. I don't know if you all know where it is now, but sewer runs basically from this site right here. We gave an easement underneath the creek -- creek as they say. I'm originally from Louisiana. There is sewer all the way across -- comes across here and it even goes down this way now. Water runs down Waltman Lane. I think it's about a ten inch -- eight or a ten inch pipe. So, the services are there, it's just a matter of making this road large enough and nice enough to accommodate the traffic and that is our plan with Waltman Lane is to open it up and put a nice surface down and put a nice bridge down. We have agreed to the walking path, which will cross -- it will come in on this property somewhere. That will be up to, obviously, the city planners, but it's going to cross on our property right here and how exactly that's going to be drawn and how it's going to attach we are not exactly sure, but that's where they are showing it and that's where the city has asked for it to be. De Weerd: Can I ask you to summarize, please? Wiener: I'm done. Rountree: Great. De Weerd: Good timing. Wiener: Thank you very much. De Weerd: Council, any questions? Bird: I have none. De Weerd: Thank you. Okay. Those are the names that have signed up. Is there anyone else who would like to provide testimony on this? Yes, please. Hi. Haddock: Thank you. My name is Rob Haddock. I live at 650 Waltman Lane. It's that square to the north. De Weerd: Do you want to use the pointer, maybe? Haddock: Sure. Right there. De Weerd: Thank you M Meridian City Council May 6, 2008 Page 56 of 74 0 Haddock: I don't know where to start. There is so many improvements that aren't in place, I don't know why we are at this point right now. You know, until the connection goes in, you know, it's not even a viable project. And like's been stated before, you know, it is a dead end street. The developer said they don't expect traffic from -- from the -- from the subdivision. So, basically, we are looking at a one way in, one way out big box retail across from my home that sits on one acre. I'd like to see anything else in the city or in the northwest that compares to that or is similar to that. You know, they keep bringing up what's in the Comprehensive Plan and that's commercial. Well, in the Comprehensive Plan to the north of that is residential and I don't see how it jives, how the two mesh. Also to the north where Corporate is and north of there -- I don't know if you have got the -- you got the map that shows the -- yes. Do you have anything that goes any further north than that? Okay. Thank you. Right there we have Southwest 5th and Pennwood coming together. You know, I could live with that type of commercial property cross from me and that type of access. You know, they keep saying, well, we have to connect. They didn't connect Pennwood or Barrett when they did that development on Southwest 5th. So, I'm just confused. I don't know all the ordinances, but, you know, as a resident on a dead end street with a family of five kids, you might see a dozen cars go by in a day, to emptying that entire subdivision through, all the commuters every morning, every evening, access to the freeway, access to Costco, access to Home Depot, South Meridian, you know, they are all coming through no matter what if you -- if you make that connection. My proposal would be, you know, I realize the developers want to develop the property, I don't -- I don't see anything, you know, that should be prevent that. But is there any way why -- is there any reason why they couldn't connect Ruddy straight east to west all the way to the next development and that's another good argument for waiting until the improvements are made to see what develops to the east and, you know, then, it might make a lot more sense. I know Waltman, when we looked at the connector plan from ACHD plans, it has a road coming off right after the intersection that would access the property to the south, you know, why not connect -- why not continue that access to the south all the way to this property, connect it to Ruddy, give them a straight shot through the commercial development, they could back their development up to Waltman Lane and, then, we could have a fence and maintain our dead end street and residential feel. But it looks like I have got the red light. I could go on. I have got a list here. De Weerd: I'm sure your wife would give you her time. Haddock: Okay. I'll tag team. De Weerd: No. You can have her time if she allows you. Okay. There you go. Three more minutes. Haddock: Okay. I guess one of my concerns, too, is Councilman Borton's involvement. I feel like the developers are asking for, you know, as few restrictions as possible. I have been to a lot of planning and zoning meetings, a lot of City Council meetings and I have never heard economic feasibility brought up. I didn't know that was, you know, part of your concern. You know, that's -- if a developer buys a piece of ground and, Meridian City Council May 6, 2008 Page 57 of 74 boy, you know, look what I have got, how am I going to make this happen, they knew what they bought when they bought it, why are we now making concessions for them. Planning and Zoning, the first meeting I went to, the second before last. We had two previous to this. The first one when Shawn Nickel got up, they pretty much, you know, read him the riot act, you know, what are you doing, you're wasting our time, you got this issue, this issue, this issue, this issue -- came back the next meeting, the same plan, no resolution to any of the problems, but, you know, they met with ACRD, they had a new staff member assigned to the project, we have been working with Caleb Hood, who has kept us in the loop, calling before that meeting, hey, I'm not involved anymore. You know, I just -- I hope that you guys can be impartial on this project is my only concern, because the next Planning and Zoning meeting the only concern that was brought up was not all these previous concerns, but, well, how many square feet are we going to allow them to build. We stood and testified, brought up the same concerns, and none of those were addressed. And so that -- that felt wrong to me and I didn't sleep real well that night and I just, you know, hope you guys are looking at this the same way you'd look at any other project and take into consideration our concerns. Once again, just, you know, giving them the highest zoning possible and an open book, I don't think that's in the best interest of anyone. You know, I don't think you should just give them the development and say, okay, the project goes to the highest bidder, you know, whoever comes in there, that's fine. Conditional Use Permit. That's -- you know, we will work with it. And so I'm -- you know, I'm not comfortable with the -- with the direction this is headed. And there is -- you know, I don't agree with the no retail -- with the retail. You know, have been talking about the west and the northwest buffer, we haven't talked about the north buffer a whole lot. You know, they said the road's the buffer. You know, I -- you know, I like -- I like what's up on Southwest 5th. If we could have that type of zoning I would be perfectly fine with it. The only thing I don't -- you know, my biggest concern is opening Waltman Lane up as a thoroughfare to that subdivision. It's going to empty out. And, you know, the Comprehensive Plan states that that north section is -- is residential and I'd just like to hear some input on how -- how that can be accomplished. You know, we talked about undue hardship and I feel allowing this to go in across the street -- you know, would any of you guys like a Wal - mart in your front yard? You know, it's -- if that's not undue hardship, you know, I'd like to hear what is. So, I think I'm done. Thank you for your time. De Weerd: Thank you. Okay. Did you want to comment? Well, I thought I saw you getting up at one time. N.Haddock: My name is Nona Haddock and I live at 480 Waltman Lane in Meridian. De Weerd: Thank you. N.Haddock: I would just like to encourage the idea of -- now I'm going to think of the wrong name of the road. A frontage road like we have across the street where you go in by McDonald's and Chevron and it frontages around to Home Depot and circles around and -- that would be perfect for this side of the road also. You're going to widen that intersection at Waltman and Meridian, just bring the traffic -- see if I know how to 711 Meridian City Council May 6, 2008 Page 58 of 74 use this. When this traffic comes through here, just drop it down, bring it across, let it empty Ruddy. And they still would have this huge amount of property right here that can be developed and they can do something right along the freeway and that way you're designing traffic for the traffic flow, a road that will handle the traffic flow. There is definitely a need. We all agree that that subdivision is beyond -- years beyond help for being able to empty out. It's not even a safe situation. If we were to have a toxic spill on the freeway right here and that had to be evacuated, we would be in big trouble, because you know you couldn't get those people out in a very timely manner. But if this were to be planned the way the road over here was planned, which works very well for all of that -- so that would be my input. Thank you. De Weerd: Thank you. Any additional comment? Yes, sir. N.Floyd: My name is Nathan Floyd, I live at 520 Waltman Lane, right in between the two Haddock families, right here in the L-shaped property. And the point I wanted to bring up was -- was notification of these public meetings has not been happening for our little lane. There is supposed to be a big sign that says public meeting, public hearing, at such and such a date and for the last three meetings that hasn't happened and I was just curious, is there some sort of rule or regulation as to when that needs to happen and if it doesn't happen what are the ramifications of that. And, then, the other point I wanted to make was one that was already brought up was the fact of notifications in the change of plans that Waltman, LLC, makes. And I find it very scary that each time we come to a new meeting there is whole new plan that they come with. It scares me, because, really, what it comes down to is it doesn't seem like they know what they want to do and so when it comes to the point when they are ready to develop, what are we going to end up with. We don't know, because apparently they don't know. And the last thing I wanted to end with was Waltman, LLC, they are not the first ones to own this property, it was previously owned, and the previous owner decided that it was a rotten egg, it wasn't a very good property to develop on. And I think they are laughing at Waltman, LLC, right now, because -- because they are in the same situation now. And it's kind of funny the lengths that people will go to to make a rotten egg smell good. And that's what I wanted to say. Thank you. De Weerd: Thank you. I can see you're getting your speech voice on; right? N.Swenson: Not exactly. De Weerd: Okay. N.Swenson: Not exactly. Nancy Swenson. 815 Waltman Lane. De Weerd: Thank you. N.Swenson: And I have heard a lot of rhetoric tonight. A lot of stuff that sounds really good coming out of people's voices and I'm saying you can make it sound good, but do you know the reality of living right there? Do you know the reality of living on a little tiny Meridian City Council May 6, 2008 Page 59 of 74 lane where almost nobody goes? Do you know the reality of having strangers stop right there and for some reason get mad at me because the road doesn't go through and they want to go someplace over there? I don't know where. And, then, they use my driveway to tum around in, because it's a dead end. Do they know the reality of when this was only partially developed and before that little jaunt was blocked down to a walking path, the number of cars that kept coming through to get up to the freeway? Do they know the reality of what's going to happen once that road opens up? We might not be able to get out, because no matter how they work it, whether people are driving through a parking lot to get out, they are going to be cutting through there. If they would try to go through that little lane and block up our road, they are going to go through from here, whether this is a parking lot, a street, or whatever, they are going to be coming through. That is one of my number one concerns. I have other concerns, like, yeah, how high is that wall -- a solid wall. Could that be two feet? Could it be ten feet? Twenty feet? What on earth are they talking about? What about all these buildings that they are planning to put in, what if they don't get leased? Everywhere I go in our city on main streets there are signs up for lease. They have sat there empty for months and they have excellent access. The only access this properly has is one street right now. What happens to our neighborhoods if those things don't get rented, if they don't get leased, what about the vandalism? What about the flavor to our neighborhoods? I hope these people are considering that. So far, as far as I know, there has been no vandalism done to the cows. De Weerd: Yes, ma'am. Aldridge: My name is Donna Aldridge and I live at 355 Waltman Lane. And I said before, I'm the old timer down there. And there is -- De Weerd: Mrs. Aldridge, can you pull that a little bit closer to you. Aldridge: Maybe I don't want you to hear me. Anyway -- De Weerd: We'd like to, though. Aldridge: Duane Cope is right, I live right next to him and that was — when High County was going to buy us out, that they -- that wouldn't go into the city, that was a promise that they made us if that deal didn't go through, that we wasn't city. All of a sudden we are in the city and we couldn't do nothing about it. And I didn't think that was fair. I really didn't. But, anyway, we were in that predicament and we couldn't get out of it. But it is right, that is a dead end road and like I have said before, when they opened that up before, I couldn't even get out of my driveway. It was like a bunch of wild horses set free, they had to have the police wagon out there, they was giving tickets, we had to have the police come down there and you think it's going to be any different with this development, unless they put a frontage road in and put a little money out and put a frontage road in to help the people, it's not going to work. De Weerd: Ma'am, could you show me your property? Can you use that pointer? F :1 Meridian City Council May 6, 2008 Page 60 of 74 Aldridge: By the drain ditch. Right after the creek. C: De Weerd: Okay. Thank you. Okay. Any further testimony? Yes, sir. E.Haddock: My name's Edward Haddock, 480 Waltman Lane, and my wife Nona just talked to you a little while ago. De Weerd: Thank you. E.Haddock: We are in the little triangle portion right there. Right by the creek, as you cross Waltman Creek there -- Ten Mile Creek. Excuse me. My main concern is -- as has been expressed by many of the others, is Ruddy. If you punch that through it's -- I think we are going to see something pretty ugly happening, not only in our residential area, but I think it's going to compound a big problem. And as my wife said, if we did have a frontage road, more like the other side over there I think it would make it livable. I think it would be something that would really fit into a Comprehensive Plan. The dead end concept of Waltman Lane just isn't going to make it I don't think. That's my concern. Thank you. De Weerd: Thank you. Okay. Any further testimony? Okay. The applicant can -- I will ask him for his wrap-up remarks, but, remember, this is going to be continued. That new plat staff hadn't seen either. Typically, this would be continued and the public would have the option of looking at it and evaluating it further, which you do, as well our staff. And so that is our normal operation. So, Council will not consider action tonight, because we haven't had a full staff evaluation of what's in front of us. I think it also gives additional opportunity for the people that are looking at this development to have a chance to -- to talk with both our staff and the neighbors. Canning: Madam Mayor? De Weerd: Yes. Canning: Members of the Council. Before Mr. Nickel stands up, I think one of the real items that we did not have a feel for how Council would -- what position they would take is that Corporate Drive extension. So, perhaps before Mr. Nickel gets up, if Council could discuss that issue and I suppose the timing doesn't necessarily matter, since it's likely to be a continued issue, but I think that that discussion would benefit both staff and the applicant. De Weerd: Council, what would be your preference? Rountree: I'd just as soon have Shawn wrap up at this point in time and, then, we can talk. Bird: I would, too. Meridian City Council so May 6, 2008 Page 61 of 74 De Weerd: Okay. If you will restate your name for the record. Nickel: I will. Thank you. Shawn Nickel. And since it does look like we are going to be tabling this, staffs right, we -- De Weerd: Oh, we won't table it, we will continue it. Nickel: We will continue it. I call it table. Tomato. Tomato. We do want to know your -- your thoughts greatly on -- on Corporate. Just to point out a few things. If staff would put back up the aerial that has the new site plan on it. And keep in mind this is -- this is a concept plan, so -- and as Mr. Moore indicated, there probably is another 123 or so more that are going to be coming. Not to you, but that are going to be laid out. So, again, this is not how it's going to look necessarily. One -- one thing to point out -- I'm not giving you a stink eye, by the way, I just want to make sure Mr. Zaremba is listening, because this has to do with his -- his concerns and that's with Ruddy. Keep in mind that is going to be a permanent access easement if it is -- if it remains private. Now, this layout right here doesn't -- I don't think do it justice as to the fact that we understand that traffic is going to be coming out of this residential subdivision through this property. I think that was the intention of the stub street when it was -- when it was put in. As the architect spoke earlier, it can be designed, whether it's a roundabout, whether it's a more fluid approach, you know, that's some -- some comments and some feedback that we'd like to get from you, but I think we can — I think we can still accomplish what you're looking for with it still being a private, but it doesn't look and feel like a parkway that separates the development or that splits the development in half, but still does the same job, which is to bring traffic out -- mostly to the west. I don't think we are necessarily worried about traffic going to the east from the development, but traffic will be coming from Meridian Road and going back and forth. There is no doubt that's going to happen. So, I think we can still accomplish it with the private road concept. We probably need to give you a better -- a better idea, maybe another concept plan showing how that could -- how that could work for you to review. Also want to point out that when we stood up here saying that we were not in favor of the Corporate connection, we understand that that is an important connection, what we are against is making this development be solely responsible for it. We are all in favor of paying our fair share to the highway district, to a -- you know, to a trust, whatever, for the future construction of that. It's just placing the burden of that off-site improvement is what is -- I think what we are kind of explaining to you it's kind of scaring us. But we don't want to avoid responsibility and we would be, again, willing to pay our fair share, what that would be determined by -- by ACHD. And also point out that our traffic — our traffic study indicates that we can get -- the ACHD report says that we can have 8,000 vehicle trips per day come from this -- this development. That's a lot higher than the 150,000 square feet that staff and Planning and Zoning Commission had placed as a condition of approval. So, just to point that out, that we are not -- that our traffic study is not saying that are we going to immediately impact Waltman Lane. Also, keep in mind we are planning on improving Waltman Lane the entire length to the new intersection. So, we are not putting all this traffic on a -- on what I — and I think the neighbors will agree is 99 Meridian City Council May 6, 2008 Page 62 of 74 kind of a goat trail right now. I'm not sure of the one gentleman's comments about the additional -- the additional right of way or proposed right of way, other than the normal right of way that's on the 50 foot or so that's on -- that's currently on -- on Waltman. I don't know about any additional right of way that would -- what he was -- what he was speaking about. And with regards to the neighbors and not bringing these plans back in front of the neighbors, we did attempt to work with the neighbors, specifically to the north, because there actually haven't been any neighbors to the west that have come to any of our meetings and discussed anything. So, early on we did try to work with the neighbors to the north, providing these buffers up here, realigning -- realigning Waltman. When we started to getting -- when we started getting into these revisions with staff and with ACHD, it didn't affect what was happening over here and so we didn't feel it was necessary to hold another neighborhood meeting. We didn't -- we weren't purposely trying to keep them out of it, we understood what their concerns were. We placed those in the original concept, which we have carried over through the three or four that came after that. So, just an explanation of where that -- where that has been. And I don't believe we are asking for an open book. Yes, we are asking for some flexibility. I think there are conditions of approval both proposed and recommended by your staff and your Planning and Zoning Commission and proposed by us this evening that will -- that will protect and make this project a compatible one. We -- some details probably still need to be worked out. The height of the wall is still an unknown. We can -- you know, we can -- after this meeting we can talk to the neighbors and see what their -- what their thoughts are. I mean, obviously, we don't want to have a two foot wall, but we might not necessarily have a ten foot wall. It's going to be a combination of wall and landscaping that will both be attractive, but also will, you know, have its purpose, which is to buffer the use from the residents. And, then, again, we really want your input and your thoughts, so if we do get deferred, postponed, that we know what to come back and show you and what to -- what to discuss amongst ourselves, so we are -- we are on the right path. Again, we are not trying to e we have got some time, so we are not trying to move this through -- we have been working on it for a couple of years, so an additional delay -- I think it will only benefit everybody involved. So, with that I will stand for any further questions. De Weerd: Thank you. Council, questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Shawn, tell me again what the traffic trips was ACHD said. Nickel: I believe ACHD -- well -- Bird: For your traffic study or whatever. Meridian City Council May 6, 2008 Page 63 of 74 99 Nickel: -- in the ACHD -- in our traffic study I believe it stated there was a threshold of 10,300 vehicle trips per day. ACHD has indicated that they could allow 8,000 vehicle trips per day from the development. Bird: And how do you determine that? I mean it's going to depend on what kind of box store you get there. You get a Walmart or Costco or something like that, you're going to take a lot of trips and your other retail things on 38 acres, you could have a lot of trips. You want some direction from this Councilman, figure out a way to connect Corporate. I've sat here for 11 years and I have battled Corporate every time something's happened there and I'm through battling on it. Nickel: Thanks. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I will offer two directions. De Weerd: Can you speak into the microphone. Zaremba: Oh, yes. Thank you. As far as which buildings go there and which configuration go, I realize it's a concept and I'm sure that at some point that will be market driven. I appreciate that you are accommodating some of the suggestions that have been made by the Planning and Zoning Commission and by staff, who have looked at it very carefully. I don't think you are going to convince me that we can give up a public road and I will actually -- the second part of my suggestion is another step and, actually, another option that we have. I don't believe with what you are presenting, that we have a valid recommendation from the Planning and Zoning Commission. I don't think this is ready for the Council to be looking at it. I think the change that you're proposing is sufficient that I would recommend that we remand it back to Planning and Zoning. They have not seen what you're talking about. Certainly their recommendation was based on the public road being there and I don't feel that they have given us a recommendation about what you're showing us. So, I would like to make that suggestion. But I would also like to consider -- there were some other good suggestions made and some of them involve getting involved with other property owners, but the frontage road that does something like mirroring what happens on the other side is kind of what I was expecting to see at some point. The connection of Corporate, whether you guys do it or whether you're just limited on how much you can develop until somebody else does it, I think that's important. But I -- my end feeling is that many of these things need to be worked out with staff and with Planning and Zoning Commission and ask them, again, for a new recommendation on what's a totally different project to me. That's my opinion. Nickel: Can I address that, Madam Mayor? And thank you, Commissioner -- Council member. Sony. w Meridian City Council May 6, 2008 Page 64 of 74 Zaremba: And that's why I'm sensitive, because I used to be one of the Commissioners. Nickel: I know. I know. And I would be -- Zaremba: I still remember all of that. Nickel: I would have no problem with going back to the Planning and Zoning Commission if you guys were going to consider reducing that to a private drive, but if you're already of the opinion that it needs to remain public, I don't know what a -- I don't know what a recommendation from Planning and Zoning Commission would do, other than bog down their -- their agenda and they are probably not going to be real happy to see me again, because they saw us a lot. Again, I'm not -- we have time, so it's not like we are trying to push this through. I just don't know what benefit that would be. As far as the uses that we proposed, you do have their recommendations on what they wanted us -- wanted to see. The only thing that has changed, obviously, is the wall and the buffer. So, that might be a legitimate recommendation from them. But, again, your feedback -- I kind of know where you're -- where you're headed on the -- on the Ruddy connection, at least to the north. Now, with regard to the frontage road, we did actually look at that, because the Planning and Zoning Commission, as you know, as insightful as they are, wanted to know is that something that's doable and in discussing ITD's future -- seeing there is several future plans for this -- for this new on ramp and the configuration of these properties and distance between Meridian and Ruddy, I just don't -- we just couldn't find a way to make a frontage road work and to mesh with what ITD wants to do on this property that they own right here. So, we did -- we did attempt to look at that issue and all indications are that it does need to come out this -- this way. That's all I have for now from Mr. Zaremba. Zaremba: Thank you. And I can understand -- I'm not trying to engineer where they go, but I -- regardless of where the road does go, I'm pretty strong on feeling it needs to be a public connection. Nickel: And, again, I think -- I think if you look across the street that -- the way that that functions, it does exactly what a frontage road does, but it has a lot more area in which to -- in which to make it work. This is just such a compact area, we have -- you know, we have actually done a couple of layouts and it just doesn't -- doesn't work correctly. But I think I know where you're going with the Ruddy connection, so -- Zaremba: Thank you. De Weerd: Any other questions, Council? Bird: I have none. De Weerd: None? Meridian City Council May 6, 2008 Page 65 of 74 M Rountree: Well, I have some comments. I don't have any questions. De Weerd: Okay. Nickel: Thanks. See you again. Rountree: It appears that we are going to continue this, but some of the things that I have noted -- questions that have come up. There has been questions about proper notice. That's something the city needs to look at, as well as the applicant. Timing issues on when the Waltman Lane intersection will be operable. The status of the Waltman Lane improvements in terms of a typical section, what's that going to look like? Is there, in fact, right of way to do that? There has been some question there. There is issues I think that the city ultimately needs to address that there is residents apparently in the city that haven't hooked up with sewer and water where it's available. I don't know if that relates to the previous phantom application that occurred some years ago, but if it's there and they want it, they certainly need to know they have to pay for it. So, if that's an issue with -- apparently it's an issue that was brought for testimony. I don't know if it was an issue that they want to hook up or not. If they do, its -- there is a sizeable fee to do that, if the infrastructure is there. I don't see my job to necessarily give solutions, but I will give some guidance. We are being asked to bring this particular piece of Ada County into Meridian to perform a certain function and I don't disagree that the function being proposed is probably the highest and best use at this point in time. However, once -- once if we are to do that, we lose most of our capability to guide or direct what might occur there. Recently as we have been asked for conceptual approval on these kinds of activities, which we have done, we have had design guidelines prepared or development agreements that specify design criteria, concept, potential footprint sizes -- De Weerd: Material. Rountree: Pardon? De Weerd: Material. Rountree: Materials, those sort of things. Things as straight forward as now you're proposing a masonry wall. It would be kind of nice to know is that going to be six foot or eight foot or what it might be. And I think those are -- those get kind of specific, but to me that's not going to necessarily encourage or discourage whatever potential user there might be. I think those are the kinds of things that the applicant can commit to. As far as Corporate, I think we all have dealt with Corporate for a number of years and would very much like to see it go through, but I totally understand the applicant's problem and that they have -- unless there is a willing seller and a willing location on the part of ACHD in order to do it, they are not empowered to be able to do something like that as an off-site improvement. So, I don't know how we could, as a condition of approval, hold that over their head and expect it to happen. I mean it would be a good N Meridian City Council May 6, 2008 Page 66 of 74 way to make the project not happen, I suppose. I think I would want some clarification as to what uses might not be appropriate. Particularly on those areas that do border residential, even if there is a wall there, we learn by our mistakes. A large car wash with a rather large vacuum drying operation probably ought not to be next to neighbors. And those sorts of things that we need to think through when we are going to go ahead, if we go ahead and approve on a conceptual basis the kinds of things that we ought not to throw in the concept. I guess I don't necessarily agree that the changed concept is significantly different than what Planning and Zoning saw to warrant it to go back to them, but certainly it is different and I think it requires an opportunity for staff to look at it and for the applicant to think about what they heard tonight and for those concerned citizens to get proper notice and have an opportunity to look at it and comment on it some more. The one solution I would expect from the applicant is the solution of how are we going to deal with the traffic. I have trouble with that approval on a conceptual basis. I want something that is convincing to me that works. If you were to get approved and if you were to have a client that wanted something different, those things can be changed based on your engineering and proof that your change is not going to modify whether or not your original solution is going to work or not. So, to me I would like to see a solution, not just, well, you know, we know it's an issue. Well, we know it's an issue. If we approve an annexation knowing there is an issue, once that's gone we don't have an opportunity, really, to do much to get the issue taken care of. So, the issue needs to be taken care of now. I guess that's my guidance. If there is no further comments, I'd make a motion that we continue the Public Hearing on this application for an additional two weeks -- more -- less. You won't get one week, because we have a special meeting on the 13th. That would be May 20th. De Weerd: Before you make a motion, Council any further -- Rountree: If there is any further comments, yeah. De Weerd: -- comments on information needed? I guess, too, I think we need specific comment from Ada County Highway District regarding that extension of Corporate and how it could work, what -- what your requirements are and if they were to pay a proportional share of that, what does that mean and what would trigger the necessity of that connecting to the project, because it's not just the trips that this development would generate, it's the through trips from the neighborhood as well. So, I would like to get ACHD's comment on where there is public responsibility to that as well or -- you know, I don't know what you can give us, but would like ACHD's comment on that, Gary. Yes, please. Inselman: Madam Mayor, Council, Gary Inselman representing the Ada County Highway District. 3775 North Adams. I just want to make sure you're aware -- we did already act on this application -- the prior preliminary plat our Commission acted on it, so any change means we need a revised preliminary plat to analyze and to go back to our commission. So, if you need our action before you act, two weeks isn't going to be nearly enough time, because we haven't seen a revised preliminary plat yet or been asked to comment on one. 00 Meridian City Council May 6, 2008 Page 67 of 74 7L De Weerd: Well, we can set a date if it's -- the timing doesn't work, three weeks -- June 3rd. If the timing doesn't work, we can always continue it. And to the citizens, I would suggest that you call the clerk's office to make sure that it -- what date we continue it to, it's -- it's -- the sign is only required -- the sign is only required to the original Public Hearing date and, then, after that, you know, we do advise you to keep an eye on our -- our website. We post all agendas and pick up the phone. Our clerks office can tell you when that -- if it looks like it will be continued and they are here to give you information. Okay. So -- Rountree: June 3rd work for you guys? It's pushing it, isn't it? Inselman: We would probably be the first week of June, if you could be -- De Weerd: Dean might need you to speak up. Inselman: I'm assuming we would not make a May meeting for our commission, so we may make the first meeting in June. So, you could make it the second Tuesday. Zaremba: Well, Madam Mayor, then, the follow-up question would be that our staff usually wants at least ten days after something like that is presented to them, so -- Canning: Madam Mayor, Members of the Council, the second Tuesday is a workshop, so we would be looking at June 17th. De Weerd: At this point do we know the extent of what ACHD might need? Can we set it for the third and continue it if need be at that time? Then, it looks like -- does that sound reasonable or -- otherwise we can just do it on the 17th. Canning: Madam Mayor, I don't believe the applicant has too many concerns with June 17th. De Weerd: Okay. Canning: They are waiting for the split corridor to be done, so they have got a time span there. They are not in a crunch. Rountree: They got a ways to -- De Weerd: They have a year and four months. Got all kinds of time. Rountree: So, Madam Mayor, I think we have got that resolved. De Weerd: Okay. The 17th. Zaremba: Thank you. N Meridian City Council May 6, 2008 Page 68 of 74 Nary: Madam Mayor? De Weerd: So, Gary, you know what we hope -- what we would hope to get at that time? Inselman: Madam Mayor, our current report does address the fact of there is a potential to do an extraordinary impact fee for the extension of Corporate. Each of the properties pay their proportionate share. I'm not sure I can go into more detail in our report on how that would work until that proposal is actually brought forward and we try to form that district. It is presented as an option in our current report. We do stress the limits for all for the properties along Waltman with the maximum traffic should be on that and that if this development did build up to the point that it generated 8,000 trips per day, that would max out Waltman, there would be no -- we would recommend no further permits along any of the parcels until Corporate was extended. So, I think we may have most of the information you're after, we can work with your staff to clarify any points that you think we may need to go into more detail. De Weerd: Okay. Thank you. Inselman: Thanks. De Weerd: And I guess just one comment to Shawn and the gentlemen from Portland. I think some of the designs and the ideas that you have talked about is -- is more palatable than what the neighbors have heard or seen up to this point. I would love to see that you had some kind of a neighborhood out reach meeting to give them an idea of what your vision is and the kind of product that you build. We are not going to -- we can't require it, but we can certainly suggest it and I think it is your opportunity to tell your story and maybe again. But if you've ever campaigned, it never is a bad idea to go more than once, so -- okay. Anything further, Council? Mr. Nary. Nary: Madam Mayor, Members of the Council, I don't think you made a motion yet. Rountree: No. Nary: I just wanted to be clear to the public when you do what your expectation is for the next hearing. If it's just the comments on the ACHD or if it's comments on this proposal or other proposals, I think some of the testimony was that many of the people in the audience hadn't seen this proposal until this evening. So, that might help in clarifying for the public just what your expectation is that they can testify about at the next hearing. De Weerd: Okay. Do you want me to answer it, Council, or -- Rountree: No. I'll put that in my motion, if we are waiting for a motion. so Meridian City Council May 6, 2008 Page 69 of 74 De Weerd: Okay. Thank you. Rountree: Madam Mayor, I move that we continue this Public Hearing until June 17th, 2008, at which time we will take testimony on the proposed option that the applicant is going to be bringing forth and an opportunity to share it with the neighbors. De Weerd: Do I have a second? Zaremba: Second it. Bird: 16 or 17 or just -- De Weerd: The 17th. Rountree: It's just -- Bird: It's both of them; right? Rountree: Both of those. Bird: I second it. De Weerd: Okay. I have a motion and a second to continue Items 16 and 17 to June 17th, where we will see a plat and the recommendation on the road infrastructure, those kind of things. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 18: Amendment to Ordinance No. 08-1346A: AZ 05-052 Request for Annexation and Zoning of 7.87 acres from R1 to C -G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC — 3055 North Eagle Road: De Weerd: Thank you. Okay. Item 18 is amendment to ordinance number 08-1346A. Mayor Clerk, will you, please, read this ordinance -- I'm song, Mr. Nary. Nary: Shall I go get Councilmember Borton? De Weerd: Yeah. I'm sure -- Bird: He's probably asleep. Nary: And, Madam Mayor, since I didn't explain this to Councilman Borton, this is a clean-up ordinance. Sadie Creek is probably -- I'm sure most of you have thought this is sort of an old ordinance to have back in front of you. When this was originally done, a portion of Sadie Creek, which the developer thought was already annexed, which we as Meridian City Council May 6, 2008 Page 70 of 74 a a city thought was annexed and all the people that testified thought it was annexed, actually was not. So, this is simply to include that. It doesn't change any of the noticing requirements. It doesn't change anything. And since it was testified to as if it were already part of the city, we felt this was the most appropriate method to clean that up. De Weerd: Thank you for that explanation. Madam Clerk, will you, please, read this by title only. Holman: City of Meridian Ordinance No. 08-1346A, an amended ordinance 08-1346, AZ 05-050, Sadie Creek Promenade, for annexation of property located in U.S. Government Lot 1 of Section 5 and U.S. Government Lot 4 of Section 4, Township 3 north, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-1, Ada County, to C -G, General Retail and Service Commercial District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Okay. You have heard the reading of this ordinance. Frank, would you like it hear it read in its entirety? No? Okay. Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 08-1346A with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 18. If there is no discussion, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Proclamation for National Preservation Month: De Weerd: Council, I would like to add something at this point to the agenda. I didn't know that this was going to be asked to be put on tonight. Meridian City Council May 6, 2008 Page 71 of 74 N Holman: Madam Mayor, I didn't either until about a few minutes before I walked in here, so -- and I apologize. In the beginning it was given to me and I should have given it to you. I thought you knew about it and so you would amend it to the agenda, so -- De Weerd: They might want it and, then, no one said anything. Holman: Okay. So, I apologize for bringing it -- De Weerd: It's just a proclamation regarding National Preservation Month and certainly I wanted to do it while Frank was still here and so that he can take it to HPC at their meeting this week. So, if -- if you -- if Council doesn't object, I would like to read this into record. Bird: Go ahead. Rountree: Move on. De Weerd:.And so if the amended agenda tomorrow can note that this was added to it. I will -- I will read this. Whereas historical -- historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character, while enhancing livability; and whereas historic preservation is relevant for communities across the nation, both urban and rural and for Americans of all ages, all walks of life, and all ethnic backgrounds; and whereas it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible assets of the heritage that has shaped this as a people; and whereas this place matters as the theme for the National Preservation Month, May 2008, co-sponsored by the City of Meridian Historic Preservation Commission and the National Trust For Historic Preservation; therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim May 2008 as National Preservation Month and call upon all people of the City of Meridian to join their fellow citizens across the United States in recognizing and participating in this special observance. And, Frank, if you wouldn't mind coming forward, I will present this to you. Rountree: Bring your camera and we will take your picture. Thomason: Not a chance. De Weerd: Thank you. And we apologize for the lateness of that add, but very worthy addition to our agenda. Item 19: Ordinance No. Damage Prevention Ordinance: Amendment to the Flood Item 20: Ordinance No. AZ 07-011 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 Medium Low- Meridian City Council May 6, 2008 Page 72 of 74 r Density Residential zone for Belhaven Subdivision by Pole Creek Properties, Inc. — 5230 North Black Cat Road: Item 21: Ordinance No. Repeal Precious Metals Ordinance: De Weerd: Okay. We also have ordinances on Items 19, 20, and 21. 08-1358, 08- 1359 and 08-1360. 1 will ask the Madam Clerk to, please, read these three ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1358, an ordinance of the City of Meridian amending Title 10, Chapter 6, Flood Damage Prevention of the Meridian City Code, providing for general provisions and providing an effective date. Holman: City of Meridian Ordinance No. 08-1359, an ordinance AZ 07-011, Belhaven Subdivision, for annexation of a parcel of land being a portion of the north one half of the southwest one quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, Ada County, to R-4, Low Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Holman: City of Meridian Ordinance No. 08-1360, an ordinance repealing Title 3, Chapter 9, of the Meridian City Code regarding precious metal dealers license, providing for a waiver of the reading rules and providing an effective date. De Weerd: Okay. You have heard those three ordinances read by title only. Is there anyone who would like it read in its entirety? Hearing none, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ordinances 08-1358, 08-1359 and 08-1360 -- Rountree: Second. Bird: -- with suspension of rules. Rountree: Second. N Meridian City Council May 6, 2008 Page 73 of 74 09 De Weerd: I have a motion several seconds on these three. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 22: Executive Session per Idaho State Code 67-2345(1)(b) — (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student) & (fl — (to consider and advise its legal representatives in pending litigation): De Weerd: Okay. Item 22 is an Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(b), (1)(d), and (1)(f). Borton: Second. De Weerd: Okay. I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Borton: I move to come out of Executive Session. Bird: Second. Rountree: All those in favor say aye. Opposed? MOTION CARRIED: ALL AYES. Rountree: Move to adjourn. Bird: Second. N Meridian City Council May 6, 2008 Page 74 of 74 r Rountree: It has been moved and seconded to adjourn. All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:58 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) • .- ATTEST:—, JA 05 / 20 1 2(�o E DATE APPROVED HOLMAN, CITY CL • • May 2, 2008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of April 8, 2008 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS May 2, 2008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT ITEM NO. S -B REQUEST Approve Minutes of April 15, 2008 Pre -Council Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: COMMENTS Materials presented at public meetings shall become property of the City of Meridian. May 2, 2008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT ITEM NO. 5-C REQUEST Approve Minutes of April 15, 2008 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. May 2, 2008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT ITEM NO. 5-01 REQUEST Sanitary Sewer Easement Agreement for Selway Apartments by Daniel G. and Carolyn A. Gibson AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Affached J Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. -- — - -#j,RO AMOUNT .o0 6 801SEC0104MO 016108ER2 Pli { 11 { 1 1t1 DEPUTY 0018110 50U18#8 REGARDED-RE4l1EST OF igSg573�1 CRY QF MERDIAN ---- --- --- - - SANITARY SEWER EASEMENT THIS INDENTURE, made this &day of&ILk . 20Oibetween Daniel G. Gibson Jr. and Carolyn A. Gibson , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line 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, it's 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 GRANTORS hereby covenant and agree that they will not place or allow to be placed any Sewer Main Easement 08.doc Sewer easement 3-4- Pam.._,.,.m„ pC.5i any permanent structures, trees, brush, or, perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN W)TNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Daniel G. Gibson J ., wner Carolyn A. Gibson, Owner STATE OF IDAHO ) ) ss County. of Ada ) On this Iq�= day of , 20.Lg,' before me, the undersigned, a Notary Public in and for said State, Fe 'sonally appeared J-')4.nle / �i . �-� i %5� n `� • and known or identified to me to be the owners of the property described Exhibits A and B, that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. f§M&L TAMEZ NOTARY PUBLIC STATE OF IDAHO Sewer Main Easement 08.doc OT'ARY P1JBJ4C FS Residing at: Commission Expires T6 TO, '1a-0$ Sewer easement 3-4- 1i GRANTEE: CITY OF MERIDIAN Tammy de W Attest by Aycee Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) ,,/ Of BBAL 'O • �rrrrrrrt t►►«� • On this day ofQJ,1,, 20 09before me, the undersigned, a Notary Public in and for said State, personally a&eared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ;��'•a�9�p�'.�,� NOTARY PUBLIC FOR IDAHO • Residing at: Commission Expires: 100 1-1, Sewer Main Easement easmt.swr main a AY q&Wm,E'N1 Project: 10-07-030 Date: April 16, 2008 PARCEL DESCRIPTION SEWER EASEMENT e That portion of the Southeast 1 /4 of the Southwest 1 /4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho., and more particularly described as follows: Commencing at the Southwest comer of Section 26; thence along the Southerly boundary of the Southwest % of said section, South 88°58'47" East, 1,301.38 feet to the West 1/16 corner, the POINT OF BEGINNING; thence along the Westerly boundary of the Southeast 1 /4 of the Southwest 1 /4 of Section 26, North 00°29'12" East, 473.30 feet to the Southwest corner of Selway Apartments Subdivision; thence along the Southerly boundary of said subdivision, South 88'58'47" East, 154.30 feet; thence South 01 °01'13" West, 10.00 feet; thence North 88'58'47' West, 134.20 feet; thence South 00°29'12" West, 463.30 feet to the Southerly boundary of the Southwest 1/4 of Section 26; thence along said boundary, North 88°58'47" West, 20.00 feet to the POINT OF BEGINNING. Containing 0.248 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 85?z 4 -J6 -6t t£ or O r D M NO RMH/tlk: the P:MMI0-07.030 - Setway Apartments110-07.030 - Admin\Descriptionsll0.07.030-SewEase.doc 1, c r • &w Q -v -r-44 w. w.ov wm rt SELWAY APARTMENTS S1' 01' 13"W 14.00' Y 58' 47"E 154.30' N88* 58' 47"W 134.20' p�C Hyl p if/ c' 20.0' W J_ wZ SW COR. Z W 1/16 ' SEC. 26 CORNER �N88' 58' 47"W 20.00' 27 26 > > S88' 58' 47'_E 34 35 - - - - -�� _ V 1301.38' - - SE W. MCMJLLAN ROAD JL pL f � s Q 8575 m -p x•16.0 �0 9rf o f \aP v3 �ql 0 M X00 SCALE: 1 "=80' H7�Op pAppES90.VeLHf1RYE" � .. � SELWABNBET . CJU�, MERIDIAN ADA COUNTY, IDAHO 1 J."Hpomok.MMpIHkpf 7p Be pBm:NIMpIL WpAp1C mw �pleCeH -- WfUiDATM idl AlTOtImIPAp1CCTYNI�JRTML HI9HHHHH7HRTrJ1 —�'� SEWER EASEMENT aiurprpr¢� ofcasoi --------------- �-- — -- ---- owe'. �. • Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File f City of Meridian Public Works Dept. Date: 4/23/2008 Re: Proposed Agenda Items for 5/6/08 City Council Meeting APR 2 3 2006 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 5/6/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer Easement for Solway Apartments by Daniel G and Carolyn A Gibson. Typical Sanitary Sewer Easement. Recommended Council Action: Approve the Sanitary Sewer Easement for Solway Apartments by Daniel G and Carolyn A Gibson and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 May 2, 2008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT ITEM NO. S -E REQUEST License Agreement with Nampa & Meridian Irrigation District for a Water System Flush Line in Association with the Water Division Facility Phase 2 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Affached LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this _2_& day of 2008, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organizdd and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", W-11NESSETH: WHEREAS, Licensee is the owner of real property (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" and/or deed attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as FIVE MILE DRAIN (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing construction or activity, affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as fouows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the maimer generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. r-� 2. This agreement pertains only to they Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposi s and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury'the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; C. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within pr adjacent to the easement; C. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cam of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made LICENSE AGREEMENT - Page 2 against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. S. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shell be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT - Page 3 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create, or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third partly against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third parry. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. - c A A - Ni By ATTEST: LICENSE AGREEMENT - Page 4 ATTEST: a CITY OF MERIDIAN urn STATE OF IDAHO ) ss: County of Canyon ) • On this ACL day of 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Montelankek and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN'IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate STATE OF IDAHO County of Ada alp o � •�O�rQ$� � a •o �rjBLZS'�` Vol 1-p, •. OP T� ��•• } A,At,-=:24l0� Notary Public for Idaho Residing at Idaho My Commission Expires: 7 ao l �. On this U ice'` day of MoLq 2008, bgfore e, the undersigned, a notary public in and f r said state, personally a d a-mmMccley-** and -ay ce e. ltal n+G•. known to me to be the and iL respectively, of the CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day ee and year in this certific ts poritten. '1 otary Public for Residing at �LL (IRlet 4 ID • ' My Commission Expires: It1-11.11 • •••.,�iIBL�G i.0. LICENSE AGREEMENT - Page 5 3 Or' m8i0:28A �� � � - .- ----�--'fir - -{•�•':*-•�z 2 - WA RRA . - - ....., ._ - — -- - - - __ - - 7'D RAVS A" TO 201M the add TuMises, wft their wapnttMaeeb unto' the Mm CM118e ., It* heirs mJ stf9is= Comm And the said mm ew do as here% wftu t to said :;•Pth tho acid Gmtos ; that he is tho ow uer 1n &a Sbuoc of sod pmaba*: emb &W am ifte from sill ineumbraaeem r n,u. that )►e IJ ,earrrmt sAd datend IU asmatnu aD lawful vbhw dhdtea4van Ilnteit' -•- "--, 3 07. jrxta atA TI7&WjLAOiiw" at �A& STATH OF I> W' wmR " OF. � i OILthis day of v""" • �' !$7. T haob! �Y thlsti rw reeetd at barum aw., In and for A stale pczeeIIally &U sa"Ut 4d e ppmamd ah • /' esltmlm pa+l '7 iawk P10. 11SEN iY > BOW, a-4ddwer, t tawae m nw w b, 26a vm*" w, nanlp in "Wertiwd to Aft wl" iaetYotnrA ace 0006 1449011 to e+e,tha h® tht eatt,a f Ses7cUn8 st X92"? d; 8:7 , IdAlID :� •. } ;.r,,,,�. �t� Iia -t: n 5; =.7 �8 m -01 w aw ems, .aa duty ,aeww it. et ids at Page pen .man to: QQ Exhibit A 1 ' ARRA IFFY- DEED . I For ealeee B�eircd Hglw ATOmmk a•'.Vidowerr.. L I for _ da hetet in srll and mrdey unto CV -Y OF, rERID 11 r We 8� as r t�+f, � � _ _ �! to the srantea , theiFoilowiag dctaibe8 >ao Bei in_ —aa _County Idaho,. to ,rit! ++ J � I 4 � Commeat:iug at tbg 3duth (warier truer of S tcidW ]„ �-Towas]aip 3 North $ange 1 WeWtp Boise Meri-didw--,thence--Ror°tir 1°23 vnoeit 1909,60 .feet to a point, the real;;;In% of begf,>nni g; 'thenggs I North 1°23' West 600,911 feet to a Point- thenCe Seltth 89°58r moist 339.00 feat to a posnti thence -Sough 1°2p ubt 6680,48 feet to a point; thence tforth 99056WEaSt 35S*0u' feet to the real point o:r b! mludinz Nampa- mrid�.an I five 1*t r haat- or lots6 p � r�,gstaio>t Aistriot right-of,vay. T -PaI-r, &I ":t /Uif /'y G� sty u»ye, 1W, - - ....., ._ - — -- - - - __ - - 7'D RAVS A" TO 201M the add TuMises, wft their wapnttMaeeb unto' the Mm CM118e ., It* heirs mJ stf9is= Comm And the said mm ew do as here% wftu t to said :;•Pth tho acid Gmtos ; that he is tho ow uer 1n &a Sbuoc of sod pmaba*: emb &W am ifte from sill ineumbraaeem r n,u. that )►e IJ ,earrrmt sAd datend IU asmatnu aD lawful vbhw dhdtea4van Ilnteit' -•- "--, 3 07. jrxta atA TI7&WjLAOiiw" at �A& STATH OF I> W' wmR " OF. � i OILthis day of v""" • �' !$7. T haob! �Y thlsti rw reeetd at barum aw., In and for A stale pczeeIIally &U sa"Ut 4d e ppmamd ah • /' esltmlm pa+l '7 iawk P10. 11SEN iY > BOW, a-4ddwer, t tawae m nw w b, 26a vm*" w, nanlp in "Wertiwd to Aft wl" iaetYotnrA ace 0006 1449011 to e+e,tha h® tht eatt,a f Ses7cUn8 st X92"? d; 8:7 , IdAlID :� •. } ;.r,,,,�. �t� Iia -t: n 5; =.7 �8 m -01 w aw ems, .aa duty ,aeww it. et ids at Page pen .man to: QQ Exhibit A 1 ' rip G A-' 7.F. 4k yrgr. iM s i r' ae i f .� t ��� `- a.. .� �t, � �. •�l� 9 _ i� SRI. � _ 1 _ _�! 9w ,�7 -,rj i-' •,� �� � -s..ra ��,�,i�z; -fie-. ,� ��y .- ��f •�:.,i �.� - �= �^ (� ;�, IL tj wow mit VIN T , 1 ,r 'r 0 EXHI B C Purpose of License • The purpose of this License Agreement is to permit and approve Licensee to: 1. construct and install vehicle storage building and building improvements approximately 10- 12 feet within the District's easement for the Five Mile Drain, all within or near Licensee's real property described in Exhibit A, located northwest of the intersection of Fairview Avenue and Meridian Road in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Five Mile Drain or the District's easemeaL EXHIBIT D 3agW Conditions a. The construction described in Exhibit C shall be in performed in accordance with certain plans consisting of one sheet attached hereto as Exhibit D-1 and by this reference incorporated herein. Licensee's building will be built along the existing north fence line and the existing fence will be removed at the building line. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. C. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by!the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. 7 d. Licensee represents that Licensee ha&complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or lipbility for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. C. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action tOwn or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance LICENSE AGREEMENT - Page 6 0 1 a of this agreement unless the District shall be solely resPonsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim, action`or requirement. L In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indeabify, hold harmless and defend the District from all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. g. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or proiubit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it' exists, is possessed and exercised by governmental environmental agencies. h. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perfam any construction or activity within the District's easement for the Five Mile Drain except as referred to in this agreement or exhibits thereto without the prior written consent of the District. i i. Licensee acknowledges and confirms -that the District's easement for the Five Mile Drain includes a sufficient area of land to convey irrigation:.and drainage water, to operate, clean, maintain and repair the Five Mile Drain, and to access the Five Mile Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the centerline. Construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Page 7 r,. WIN 00 a -aa- -OOG CITY OF MERIDIAN CrVM SURWY CONSULTANTS, WC.WMMTM VMVQM A" UM 4+ WATER DIVISION - PHASE 2 s SITE PLAN "�' :•�' Exhibit D-1 Uses� OO/e p� MtlO ,Will IN all KIN A ppr` L�ZAI � Exhibit D-1, page 2 e1 "� Uses� OO/e p� MtlO ,Will IN all KIN A ppr` L�ZAI � Exhibit D-1, page 2 • Memo To: Jaycee Holman; Tara Green From: Max Jensen, Engineering Technician jensenm@meridiencity.org Meridian Public Works Department 660 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CO Clint Dolsby, P.E., Acting City Engineer Date: 4/23/2008 N city 01'Alaildi!�4, CAA Clerk Office Re: Proposed Agenda Item for April 29, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 29, 2008 City Council agenda, under Consent Agenda, for Council's consideration: License Agreement with Nampa & Meridian Irrigation District for a Water System Flush Line in Association with the Water Division Facility, Phase 2 Attached is a License Agreement with Nampa & Meridian Irrigation District for a water system flush line in association with the design and construction of the Water Division Facility, Phase 2 project. This agreement would permit and approve the City to flush/discharge water from our water system into the Five Mile Drain. Recommended Council Action: The Public Works Department recommends that City Council approves and signs the License Agreement with Nampa & Meridian Irrigation District. Thank you for your consideration. I will send originals for signature after your consideration. Please contact me if you have any questions. 0 Page 1 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 2008, by and amongNAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNESSETH: WHEREAS, Licensee is the owner of real property/right-of-way for a potable water system (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as FIVE MILE DRAIN (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing construction or activity, affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; C. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made LICENSE AGREEMENT - Page 2 0 against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT - Page 3 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT By. ATTEST: Its Secretary LICENSE AGREEMENT - Page 4 Its President CITY OF MERIDIAN 2 ATTEST: STATE OF IDAHO ) } ss: County of Canyon ) On this day of , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Monte Janicek and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) )ss. County of Ada ) On this day of , 2008, before me, the undersigned, a notary public in and for said state, personally appeared and, known to me to be the and , respectively, of the CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Residing at , My Commission Expires: LICENSE AGREEMENT - Page 5 Nr Yl 4S 3. 2006110:23 For value Bateived 11E1�LRX NOTFi3O0t+l g•'.widowtl<i'r, the grantor . does ha abY Smut, bargain, son and aewieq unto CTTY OF MRID%iit i the grantee , tha following desaibed rre*dses, iE-� ha'—.-�Comnb Idaho- to .sits Commencing at the oduth gUrier caruer df Se1tr-da1ri ]•, Tcwfteli+p 3 North Range 1 We'stp 90is4 North -1023 T •West 1989,60 -feet to , ant, the real poinrti of begUrtim, thence i North 1.23+ West 6O�r1g feet to a point;'thenoe Sevlth x9.50' W6535 •00 feat to a poiuti thonce•Solith lo23.1 East tdijs i feet To o point; txenoe North 1#9.5S''ga 35$•t�''toet to the real point of bsggiinni", eont:aining five acres more or leas : excluding Nampa -Meridian Irrigation pistriot right -of -WAY. SW %fit 0.4 TO HAVE ANri TO 1101-D the add promift% with their Wu tewucft un1A- the said GrArks •, Ito heirs cad main& feraver, And the Bald Grantor do 65 hareby eovem at to and :r!th the laid Grantee , that he x8 the omar in fee slmPldof Wd Prentsea: tbft QWerafM irotn -i11 Ineumbraum mW thnt be 11 .rarraut &Ad darend the trope sFrnri ail beWhtl &f VA tVhAt9ot vei• - Ust,4 ,r , 30.7- A �19"•rMtH SiTA'rFi OP'DA#2,AtavafY nr Ada sTers of uaA�IO, coo= OF i On this r dap Ol • ,']fl 5%, ! h afLE t�tR tbia��l,� ad ter teQOtdis6�, Latum me, amaraca pnbVe In and lar said st" pasoa.nt thm tagwN! at 7 (,OCG `'• nYt+daa'd a0 • % •� , pluutts. pa.t � e 4lactt p., Il'SWRX WTYBOQM, a widdwer, thl. s� Gs day at 19 , in ow orta, and duty M04d is bwaF �l p. of Dem a,4e (J" � known to uta ae to tba Awa wl,osa wuta id vaNrvb d to alae, khM imrteoMEM and oelmewla W to — taa the he owtid ftlope. jA t4,awdnr N R WUuvc- vt,� '.+ se�bilns at Meridian $ , la+Jte Man to: � �.• • (,anon, tssytees March 5 i l9 � F� Exhibit A _.._ Ea I EXHIBIT C Purpose of License The purpose of this License Agreement is to permit and approve Licensee to: flush/discharge water from the Licensee's well into an existing 24" pipe that discharges into the Five Mile Drain, all within or near Licensee's real property/right-of-way described in Exhibit A, located northwest of the intersection of Fairview Avenue and Meridian Road in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Five Mile Drain or the District's easement. EXHIBIT D dial Conditions a. The construction described in Exhibit C shall be in performed in accordance with certain plans consisting of two sheets attached hereto as Exhibit D-1 and by this reference incorporated herein. Licensee shall flush/discharge water into the Five Mile Drain only on rare occasions (approximately one to two times per year). Licensee shall notify the District's Superintendent and obtain the District's permission prior to any flush/discharge into the Five Mile Drain. The quantity discharged shall be 1,500 to 2,000 gpm and shall be for approximately 10-30 minutes. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. C. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. Licensee shall be responsible and shall ensure that any drains which discharge into the Five Mile Drain do not cause any erosion or subsidence of soil within the ditches or drains. The Licensee agrees that the District shall not be liable for any damages which shall occur to the drain pipes or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. C. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms LICENSE AGREEMENT - Page 6 0 9 or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. f. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim, action or requirement. g. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. h. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, orprohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. i. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, not perform any construction or activity within the District's casement for the Five Mile Drain except as referred to in this agreement or exhibits thereto without the prior written consent of the District. j. Licensee acknowledges and confirms that the District's easement for the Five Mile Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Five Mile Drain, and to access the Five Mile Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the centerline. k. Construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Page 7 p � �j CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. CONWLTMG MINUM AND LAND SUR WOW WATER DIVISION - PHASE 2 L ..nttarE. W. sun[ ,00 D"��' ETAILS Ims)am-u 4 rm am-wa Exhibit D-1, page 1 v - MIA 114- MENOMONEE am, MEMBER CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. CONWLTMG MINUM AND LAND SUR WOW WATER DIVISION - PHASE 2 L ..nttarE. W. sun[ ,00 D"��' ETAILS Ims)am-u 4 rm am-wa Exhibit D-1, page 1 �µ:�i•�� sE:'t i" 40000400004 ----- - =- -�00 c tg $Rq % M CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. N = WATER DIVISION - PHASE 2 --Suo U.. �� f, SITE PLAN�mu Exhibit D-1, page 2 May 2, 2008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT ITEM NO. 5-F REQUEST Resolution No. ®" �-�'� Computer Surplus to Boys and Girls Clube AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. CJ CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. CS - lDD 4 BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE COMPUTER EQUIPMENT TO THE MERIDIAN BOYS & GIRLS CLUB. WHEREAS, it is in the best interest of the City of Meridian to declare that certain computer equipment listed in "Exhibit A" hereto is surplus property, as these particular items are no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be donated to charitable organizations when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS, the cost of maintaining the computer equipment listed herein below until it were sold, if it could be sold, exceeds its value to the City of Meridian and would result in the unnecessary expenditure of City fiends; and WHEREAS, the City of Meridian desires to donate the computer equipment listed herein below to the Meridian Boys & Girls Club, a non-profit charitable organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, the stated mission of which is to inspire and enable young people, especially those from disadvantaged circumstances, to realize their full potential as productive, responsible and caring citizens; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that the computer equipment listed in "Exhibit A" hereto is surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of the computer equipment listed hereinabove, for no monetary consideration, to the Meridian Boys & Girls Club. RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO MERIDIAN BOYS & GIRLS CLUB - 1 of 5 y the City Council of the City of Meridian, Idaho, this day of 2008. by the Mayor of the City of Meridian, Idaho, this o day of 2008. ATTEST: By: Jaycee44ohnan, City Clerk APPROVED: Mayor Tan. K,,�Weerd cOF opkT'tO s A *r r�ttitttt tN�t RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO MERIDIAN BOYS & GIRLS CLUB - 2 of 5 0 Cl EXHIBIT A RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO MERIDIAN BOYS & GIRLS CLUB - 3 of 5 0 • Asset Tag #: Item: Make/Model/Etc: Model Number: na Toughbook CF-27LBAGHEMBKB 1CKSA07722 na Toughbook CF-25LGC4EAM 8BKSA01911 na Toughbook CF-25LGM8EAM 8KKSA08262 na Toughbook CF-25LGM8EAM 8KKSA08286 na Toughbook CF-25LGC4EAM 8BKSA01883 na Toughbook CF-25LGC4EAM 8BKSA01929 na Toughbook CF-25LGM8EAM 81KSA06380 na Toughbook CF-27LBAGHEMBKB NO SERIAL na Toughbook CF-25LGM4EAM 8BKSA01953 na Toughbook CF-27LBAGHEMBKB 1 CKSA07402 na Laptop Compaq Model 1710TW 2V1AJC3Z9K4N 00058 PC Tower Micron ClientPro D845GRG-ODY 00205 Printer Desk'et 895 Cse 00347 PC Tower Micron ClientPro - NO PS D845GRG-ODY 00348 PC Tower Micron ClientPro D845GRG-ODY 00456 Laptop Micron TransPort Trek2 00489 PC Tower Micron ClientPro D845GRG-ODY 00490 PC Tower Micron ClientPro D845GRG-ODY 00491 PC Tower Micron ClientPro D845GRG-ODY 01217 Laptop Micron TransPort Trekll NBKU370 01278 PC Tower Compaq EXM/P800/20C/6/128CLN US 01301 PC Tower Compaq DeskPro EN Serial: W116DYSZB292 01305 PC Tower Gateway eSeries MFATXPNT ESX4000 01306 PC Tower Gateway eSeries MFATXPNT ESX4000 01559 Laptop Compaq Presario 01586 Copy/Scan/Fax Canon 01597 PC Tower Micron ClientPro D845GRG-ODY 01598 Laptop Micron Transport GX3 01703 PC Tower MPC ClientPro - NO PS D865GLC-ODYD 02043 PC Tower MCC(generic) 02185 Fax Machine Brother LaserFax 2800 02188 PC Tower Micron ClientPro D850GB-0DY 02189 PC Tower Micron ClientPro D850GB-ODY 02703 Scanner HP ScanJet ADF 02904 Fax Machine HP 02951 PC Tower Dell O tiPlex GX240 02954 Scan/Copy/Printer HP PSC 750 02967 PC Tower Micron ClientPro D845GRG-ODY 02968 PC Tower Micron ClientPro D845GRG-ODY 03230 Laptop Tracer DPS 03306 Laptop Dell Ins iron PP01X 03307 PC Tower Dell Dimension 8200 03358 Server Dell PowerEdge 2600 03494 LCD Monitor MicronPC F1700 RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO MERIDIAN BOYS & GIRLS CLUB - 4 of 5 0 03742 PC Tower Compaq Presario 3D9FPN7COWR 03745 PC Tower Compaq Presario 5WV280 03814 PC Tower HP Pavilion 751 D7214K 04039 Laptop Sager 04153 Laptop Sager 04156 Printer HP DeskJet 812C 04201 Laptop Gateway 450SX4 04203 PC Tower Micron ClientPro D845GRG-ODY 04204 PC Tower Micron ClientPro D845GRG-ODY 04205 PC Tower Micron ClientPro D845GRG-ODY 04206 Laptop Gateway 04213 Server Compaq Proliant ML350 04220 Laptop Compaq Model 1710TW 2V1AJC3Z9K4M 04222 Laptop Compaq Model 1710TW 2V1AJC3ZAKBL 04223 PC Tower Compaq Presario 04511 PC Tower MPC ClientPro - NO PS D865GLC-ODYD 04545 Laptop Trans ort T2200 04815 Printer Brother HL -2070N 04843 Remote Access System 3Com RAS1500 04868 UPS Battery Backup APC BackUPS Office 280 04874 UPS Battery Backup SmartUPS 04935 Printer OfficeJet G55 04936 Printer DeskJet 5550 04999 PC Tower Compaq Presario 6000 Pres ZZTOP/Pine Amer CTO RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO MERIDIAN BOYS & GIRLS CLUB - 5 of 5 May 2, 2008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT ITEM NO. S -G REQUEST Encroachment License Agreement with Nampa & Meridian Irrigation District for the Water Division Facility Phase 2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. A ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 33.00 11 BOISE IDAHO 05/22/08 09:12 AM B DEPUTY Bonnie Oberbillig 111 1111�16111111flllllill�Illll Ili Ill RECORDED—REQUEST OF 108059613 Nampa Meridian irrigation Dist LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this ;-(3 day of 2008, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized a existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNESSETH: WHEREAS, Licensee is the owner of .real property/right-of-way for a potable water system (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part her and, WHEREAS, the District owns the irrigation ditch or canal known as FIVE MILE DRAIN (hereinafter collectively referred to as "ditch or canal".): an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water; operate; clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing construction or activity, affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this o1 day of , 2008, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organiz d and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNESSETH: WHEREAS, Licensee is the owner of real property/right-of-way for a potable water system (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as FIVE MILE DRAIN (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing construction or activity, affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner, generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; C. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which maybe caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and -the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made LICENSE AGREEMENT - Page 2 against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT - Page 3 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over,said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT Its President ATTEST: f Its Secretary LICENSE AGREEMENT - Page 4 ATTEST: rte, STATE OF IDAHO )s County of Canyon CITY OF MERIDIAN � c s: OF On this RO day of 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Monte nicek and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first alb,qycuaaen. �90 ;^�,�, ®® Notary Public for Idaho m � ® ��®Residing at (�.�p , Idaho ® � My Commission Expires: Z a 7 O gyp• `r %L Ll .�®�i STATE OF IDAHO ) +°'��®�J�,@®sOo� 0®ice` ® OF t )SS. ,�y@taasaaa�ao��va County of Ada ) On this day of_ , 2008, b fore me, the undersigned, a notary public in and for said state, personally ap eared d known to me to be the and Me respectively, oft e CITY OF MERIDIAN, the political subdivi ion and municipality that Axecuted the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate grata tten. y ,%k4a otary Public a ma Nr Residing atT In My Commission Expires: n- 01 ID y � a � 4 13 B J 5 LICENSE AGREEMENT - Page 5 North Range , w®sL, •=uQ 3'7 iaai�.w+�.., ------ tiheTlcQ f beginr 19$9,0 feet to a point, the real PoInt �thence Seuh $9"56' North 1023' West $0$.3g faet.to a point; asst 35$-00 £ect to a pointy the ceiSgatt 35$ 0 feet dithv feet to a paint; thence North $9 5$ five acres 'more 'fe ax o t'h real point or bagirmilag„ Containing excluding Nampa -Meridian irrigation pisti-iot right-bf,Wa.Y• nye 1 W, InTO RAVE, ANT, To 3101,1) Lhe Raid pr=ieee, with their appartenartc9s unto' the said Gzatto it;, hairs d ,psssignt. forever. And the said Grantor do eS herdY cfmtnavt to srd iti: ikcy saaic3 Gxxntoe ;that ho 18 the a�vY+er in fec slmplc of mid pr mars; tint tho sr+e frte irwm -s11 tnctimbranaes i 1mmmt add defend 1ho Rama front nil lawful claims sdhAtXQevcr. .QA, `""— Y -- Ada �_s A.TX OF ITt =, COUNTY OF � STTh'Pi) 4A° YnA1iQ,rSOi71�11Y 02' �p $%, 1 6aYabF salLi�S' thi8 lnlr .1.1,81od fnY retat$aat OIL thiN � daY of 7t burum Mer a —Lary puLlrc in and for Bald Male, perrongtty t11N raygir! e! r /1 j '{ uVFBare•d ap ' l $7 lnlTutos riot '7 r eICA !1e,idR�' NOTF,200+I, a widourer, thlr! a `I'ty °f 18� , fa my "MC4, and duty reoo?d+d la ok d' at Drt� st �>r9 knuwn to rnu by Sha pmw.n ukoac nn,na i� _ � � � Nu4mt:rW*d lP thr trititin inxttutnuic, Pnd oeteaoWi dged to •6ntCie Ite,04 t Mn &%M�r/s�}1P fpvila� eh4 NRfM1h• DaAuty. 7uhllo p U r«e 3cskljnY st Meridian , Idnho Mati to• :; ` March 5i 195$u� — �X,rnm. �nlroe Exhibit A 11 EXHIBIT C Purpose of License The purpose of this License Agreement is to permit and approve Licensee to: flush/discharge water from the Licensee's well into an existing 24" pipe that discharges into the Five Mile Drain, all within or near Licensee's real property/right-of-way described in Exhibit A, located northwest of the intersection of Fairview Avenue and Meridian Road in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Five Mile Drain or the District's easement. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with certain plans consisting of two sheets attached hereto as Exhibit D-1 and by this reference incorporated herein. Licensee shall flush/discharge water into the Five Mile Drain only on rare occasions (approximately one to two times per year). Licensee shall notify the District's Superintendent and obtain the District's permission prior to any flush/discharge into the Five Mile Drain. The quantity discharged shall be 1,500 to 2,000 gpm and shall be for approximately 10-30 minutes. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. C. The Licensee recognizes and acknowledges that the license granted, in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. Licensee shall be responsible and shall ensure that any drains which discharge into the Five Mile Drain do not cause any erosion or subsidence of soil within the ditches or drains. The Licensee agrees that the District shall not be liable for any damages. which shall occur to the drain pipes or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. e. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms LICENSE AGREEMENT - Page 6 or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge: or other activity by Licensee which is the subject of this agreement. f. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim, action or requirement. g. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. h. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. i. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the Five Mile Drain except as referred to in this agreement or exhibits thereto without the prior written consent of the District. J- Licensee acknowledges and confirms that the District's easement for the Five Mile Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Five Mile Drain, and to access the Five Mile Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the centerline. k. Construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Page 7 a N •9 to E r 0• 1� azo r A o Z ;H K g8 .10 i y p p a o�pp m A Z gay A � O o&o H $ P S O - g AO � ^jj�H$agRS p aSL Eg 9= ail .....: I1 x - m - oma' x� `4r 1� r A o Z ;H K g8 .10 i y ���r�e • o�pp O o&o H $ P S - m - oma' x� m CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. gg g CONSULTING ENGINEERS AND LAND SURVEYORS WATER DIVISION - PHASE 2 p d If00 E WATERPOWER n. SURE 100 MERIOLtR, 0642fY DETAILS 1 1.. U --a. ea -am � Exhibit D-1, page 1 .....: tF m CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. gg g CONSULTING ENGINEERS AND LAND SURVEYORS WATER DIVISION - PHASE 2 p d If00 E WATERPOWER n. SURE 100 MERIOLtR, 0642fY DETAILS 1 1.. U --a. ea -am � Exhibit D-1, page 1 0 RE E,11 EL Memo To: Jaycee Holman; Tara Green From: Max Jensen, Engineering Technician jensenm@meridiancity.org Meridian Public Works Department 660 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Clint Dolsby, P.E., Acting City Engineer Date: 5/01/2008 Re: Proposed Agenda Item for May 6, 2008 City Council Meeting goo pity of Meridian Clerk, office The Public Works Department respectfully requests the following item be placed on the May 6, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Encroachment License Agreement with Nampa & Meridian Irrigation District for the Water Division Facility, Phase 2 Attached is a License Agreement with Nampa & Meridian Irrigation District to encroach upon the District's easement along Five Mile Drain for the construction of the vehicle storage buildings in association with the Water Division Facility, Phase 2 project. The vehicle storage building will be constructed along the existing City property fence line. Recommended Council Action: The Public Works Department recommends that City Council approves and signs the License Agreement with Nampa & Meridian Irrigation District. Thank you for your consideration. I will send originals for signature after your consideration. Please contact me if you have any questions. 0 Page 1 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 2008, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNESSETH: WHEREAS, Licensee is the owner of real property (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" and/or deed attached hereto as Exhibit A and by this reference made a part hereof, and, WHEREAS, the District owns the irrigation ditch or canal known as FIVE MILE DRAIN (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing construction or activity, affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shalt only be permitted or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 0 • 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; C. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made LICENSE AGREEMENT - Page 2 i 0 against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, not the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the j urisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT - Page 3 0 • 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT By Its Secretary LICENSE AGREEMENT - Page 4 Its President CITY OF MERIDIAN By ATTEST: STATE OF IDAHO ) ss: County of Canyon ) On this day of , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Monte Janicek and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN'IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) )ss. County of Ada ) On this day of , 2008, before me, the undersigned, a notary public in and for said state, personally appeared and , known to me to be the and , respectively, of the CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Residing at My Commission Expires: LICENSE AGREEMENT - Page 5 2GGB�iO. �:�RRA NAY: DEED . # ! 21) F{AV9 AND TO BOf.b fhe attld promiaea, with their alppMtaq"eft unto- the said Gravire �, 1t;, heirs and alaigtls Carew;, Arid the said Grantor do es hmv* eovemmt to emd IU: iho Wd Greatoe ; that he is the owner in fee simple of said premises; Butt thtp are free irwtn nll ineumbrazten For value Beravediii:iLRY NO: D0.2;- '.wldoW621 1 S, the grantor . do as hereby Srant, bargain, sr11 and eandey unto CI'T'Y 0_ 1ZRIDitN �- — tante f tm all litwlut daims saiiats0evet the grantee the following destrtbod iaa6ueeA.. _--ir7n �CountS :daflo, to xit 1 j Commencing at the Sduth. QZirier corner cf Seexidti. l; t'oyvri6iiip 3 North lunge 1 West, Boise Meridian;'"ti[ettce North' 1023T 46st 1989,60 to a the real beginrins; i .feet point, poSnt of thence North 1°231 west . point; thence South 894561 60!# 38 !'act to a Nast 358.00 rent to a point;' the_xlce-South 1°2j.1 'Fast 668,511 NZArt: OF MAX0, COUM of i feet to a point; thence North 89058`'East 359.13` feet to tho 1 real point of bnisitting, containing five acres mere or leets Nampa excluding -Meridian IMISation pistr%ot right -of -Way. tits sage"! e! 7 �f?pz •. . Pr���e-% apV,arM � K—� '7 �tif 1W. 21) F{AV9 AND TO BOf.b fhe attld promiaea, with their alppMtaq"eft unto- the said Gravire �, 1t;, heirs and alaigtls Carew;, Arid the said Grantor do es hmv* eovemmt to emd IU: iho Wd Greatoe ; that he is the owner in fee simple of said premises; Butt thtp are free irwtn nll ineumbrazten ti F ;l„r! that he 11 trarretlt and defend tho tante f tm all litwlut daims saiiats0evet 1J.1 W1 957 • bMW= OF m orr.rcY oi• Ada on this dap �j}+ $7, NZArt: OF MAX0, COUM of i LO of c. , F 6a ebr r�lY du trui mod fa rotetdootary ` imUltela and for said slaty prwnally tits sage"! e! 7 �f?pz •. . apV,arM � K—� '7 �tif IlirTdP,Y NOTSBOOHI, a -t.3ddwer, Mimi= Past 41orh ehlr d2(, Jayot , �•,, l�r►��r li. ` 77.. in aty 9&6, n� Anty a400Pdrd to y�°oF �`- . ,7 t`r of D"at paa� •� V kntn,m to oft 14 iw :tm >smwe whose nanla i0 llu,1 PUWA.' t0 the %dLWn iestlpMW, and de te,vlddgod to the tha he ootid tht armEX-oatde ttraeordar 1 ^'���j�=' Ayr._„ ' � rim �?�..�.+�.���..�. �t .4` Jr.;.Idaho°" =•-�-/- + Jr�ac-y PabHa 6 c� AepeJ•-' `i .s- zfmm, k!ajren ii arch �1 —7i7 • I M 1. Pll �'��" ��=+.L:. x,..11 Exhibit A ti F d 14 'k. r ` s I �• �1 �_;=� � � �• '" • � - f fes. r t � J f `fix '• 1 � � k Mir 0 0 EXHIBIT C Pu se of License The purpose of this License Agreement is to permit and approve Licensee to: construct and install vehicle storage building and building improvements approximately 10- 12 feet within the District's easement for the Five Mile Drain, all within or near Licensee's real property described in Exhibit A, located northwest of the intersection of Fairview Avenue and Meridian Road in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Five Mile Drain or the District's easement. EXHIBIT D ficial Conditions a. The construction described in Exhibit C shall be in performed in accordance with certain plans consisting of one sheet attached hereto as Exhibit D-1 and by this reference incorporated herein. Licensee's building will be built along the existing north fence line and the existing fence will be removed at the building line. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. C. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. Licensee represents that Licensee has. complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. e. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance LICENSE AGREEMENT - Page 6 May 2, 2008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT ITEM NO. S -H REQUEST Temporary License Agreement for Meridian City Library Street Scape at 18 East Idaho Avenue between ACHD and City of Meridian Parks and Recreation Department AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 5- ln- C8 0-1 Q--.� oc�d'r 0 NOW. �oswnvri�`ul10 �aua May 16, 2008 Tara Green Deputy City Clerk City of Meridian 11 West Bower Street Meridian, ID 83642 Dear Ms. Green: Carol A. McKee, President Sherry R. Huber, 1st Vice President Dave Bivens, 2nd Vice President John S. Franden, Commissioner Rebecca W. Arnold, Commissioner MAY 2 1 2008 City Of Meridian City Clerk Office The License Agreement to construct, install and maintain landscaping consisting of trees, clay brick pavers, tree grates, planter pots, street lamps, trash receptacles and landscape irrigation system per Exhibit A and the ACHD approved civil drawings, located within ACHD right of way along West Idaho Avenue at 18 East Idaho was considered and approved by the Ada County Highway District. Please remember to call Construction Services at 387-6280 to verify if any additional Construction Permits are required. Enclosed is a copy of the License Agreement outlining all the terms and conditions and assigned #0731- 2069-0508. Please use this number in all future correspondence regarding this matter. Sincerely, ADA COUNTY HIGHWAY DISTRICT !LeLjAmoUX Right of Way Account Clerk Enclosure • Property Management No. 0731 - 2-069- 0508 Street: 18 E. Idaho St. - Meridian City Library Street Scape T.3N., R1 E., S 7 TEMPORARY LICENSE AGREEMENT THIS TEMPORARY LICENSE AGREEMENT (the °Agreement') is made and entered into this day of ftl� , 2008, by and between the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, ("ACHD") and City of Meridian/Meridian Parks and Recreation, ("Licensee"). WITNESSETH: For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties: SECTION 1. RECITALS. 1.1 ACHD owns and has exclusive jurisdiction over the public right-of-way located in Ada County, Idaho, more particularly described and/or depicted on Exhibit "A" attached hereto (the "Right -of -Way'). 1.2 Licensee desires a license to use the Right -of -Way for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACHD is willing to extend such license to Licensee. SECTION 2. LICENSE: LICENSE NOT EXCLUSIVE. 2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends to Licensee a license on, over, across and under the Right -of -Way for the following uses and purposes ("Authorized Use") and no others: Licensee is to construct, install and maintain landscaping consisting of trees, clay brick pavers, tree grates, planter pots, street lamps, trash receptacles and landscape irrigation system per Exhibit A and the ACHD approved civil drawings, located within ACHD R/W along W. Idaho Ave. Final grading of landscaped areas shall slope away from Right of Way "hardscape" improvements including the edge of pavement, curbing and sidewalks In-generat,licensee to install landscaping and sprinklers in a manner to eliminate irrigation flows and/or ponding of irrigation water within the ACHD Right of Way. Access to inlets and outlets of ACHD Drainage Areas shell not be planted weth trees, shrubs or any landscaping that would impede heavy equipment vehicle access. Licensee to observe the 40' sight triangle within the subdivision and will not plant any shrubs TEMPORARY LICENSE AGREEMENT - Page 1 (3/29/06) or trees within the area or over any utility lines. All trees in the public Right of Way to be maintained by Licensee for clearance of 14' over all roadways measured at gutter plate and 8' over all sidewalks. Licensee to contact Digline Inc., prior to start of construction. Licensee to contact Construction Services at 387-6280 to verify if a construction permit is required. 2.2 This Agreement does not extend to Licensee the right to use the Right -of - Way to the exclusion of ACHD for any use within its jurisdiction, authority and discretion or of others to the extent authorized by law to use public right-of-way. If the Right -of - Way has been opened as a public Highway (as used in the Agreement the term "Highway" is as defined in Idaho Code § 40-109(5)) Licensee's Authorized Use is subject to the rights of the public to use the Right -of -Way for Highway purposes. Licensee's Authorized Use is also subject to the rights of holders of easements of record or obvious on inspection of the Right -of -Way and statutory rights of utilities to use the public right-of-way. This Agreement it is not intended to, and shall not, preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-of-way, or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. SECTION 3. CONSTRUCTION OR INSTALLATION OF IMPROVEMENTS. Any repairs or maintenance, of the Licensee's improvements currently located in the Right - of -Way or the installation or construction of improvements by Licensee in the Right -of - Way as permitted by the Authorized Use, (the "Improvements"), shall be accomplished in accordance with designs,. plans and specifications approved in advance and in writing by ACHD as required to satisfy applicable laws, `its policies and good engineering. practices. In approving such plans and specifications, ACHD assumes no responsibility for any. deficiencies or inadequacies in the design or. construction of the Improvements, and the responsibility therefor shall be and remain in Licensee. SECTION 4. WAIVER ANO ESTOPPEL STATEMENT BY LICENSEE. Licensee acknowledges and agrees that the license granted herein is temporary, non- transferable, and merely a permissive use of the Right -of -Way pursuant to this Agreement Licensee further acknowledges and agrees that it specifically assumes the risk that the license pursuant to this Agreement may be terminated before Licensee has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Improvements, and Licensee hereby waives and estops itself from asserting any claim that the license is in any way irrevocable because Licensee has expended funds on the Improvements and the -Agreement -has -not.-been- in -effect -for a period sufficient for Licensee to realize the economic benefit from such expenditures. SECTION 5. TERM. TEMPORARY LICENSE AGREEMENT - Page 2 (3/29106) 5.1 The term of this Agreement will commence on the i Liv day of 1m , 2008, and will continue until terminated by either party, with or without cause, which termination shall be effective following THIRTY (30) DAYS advance written notice of termination given the other party. 5.2 If Licensee defaults in the performance of any obligations incumbent upon it to perform hereunder ACHD may terminate this Agreement and the rights extended to Licensee hereunder at any time, effective at the end of thirty (30) days following the date ACHD shall provide written notice of termination to Licensee, which notice shall specify such default(s). Licensee shall have such thirty (30) day period to correct and cure the specified defaults, and if so corrected and cured, to the satisfaction of ACHD, this Agreement shall not be terminated but shall continue in full force and effect. SECTION 6. FEE. There is no fee for the Licensee's Authorized Use of the Right -of - Way under this Agreement. SECTION 7. MAINTENANCE; FAILURE TO MAINTAIN• RELOCATION OF UTILITIES. 7.1 At its sole cost and expense, Licensee shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of ACHD and sound engineering practices. Licensee shall have access over, across and under the Right -of -Way for the purposes of accomplishing such repair and maintenance. 7.2 If the Highway on and/or adjacent to the Right -of -Way is damaged as a result of: (i) the performance by Licensee of the maintenance required by section 6. 1, or the failure or neglect to perform such maintenance; and/or (ii) Licensee's_ design, installation or -use of the Improvements, regardless of cause; at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the Highway and the surface of the Right -of -Way to the same condition it was in prior thereto, and if Licensee shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 7.3 Notwithstanding the provisions of section 7.2, should an emergency exist related to the Licensee's use of this license which threatens the stability or function of the Highway on or adjacent to the Right -of -Way or the safety of the public use thereof, TEMPORARY LICENSE AGREEMENT - Page 3 (3/29/06) ACHD shall have the right to immediately perform, on behalf of, and at the cost of Licensee necessary emergency repairs. 7.4 Licensee will be responsible for the relocation of any existing utilities located on the Right -of -Way as may be required in connection with any construction or installation of Improvements by Licensee in the Right -of -Way. SECTION 8. RELOCATION OF IMPROVEMENTS. If during the term of this Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that the Highway on and/or adjacent to the Right -of -Way be widened and/or realigned, redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for all costs for relocating, modifying or otherwise adapting the Improvements to such realignment and/or relocation and/or reconstruction if required by ACHD, which shall be accomplished by Licensee according to designs, plans and specifications approved in advance by ACHD in writing; provided Licensee may elect to terminate this Agreement in lieu of complying with this responsibility, and further provided ACHD gives Licensee adequate written notice as necessary to allow Licensee to redesign, relocate, modify or adapt the Improvements to the realignment and/or relocation and/or reconstruction of the Highway and also licenses Licensee such additional area of its right-of-way, if any, as may be necessary for the proper operation of the Improvements. SECTION 9. PERMIT. If the proposed construction and installation of the Improvements, or any reconstruction, relocation or maintenance thereof requires Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit from ACHD (Construction Services Division) before commencing such work, and pay the. required fees and otherwise comply. with the conditions set -forth therein. SECTION 10. NO TITLE IN LICENSEE. Licensee shall have no right, title or interest in or to the Right-of=Way other than the right to temporarily use the same pursuant to the terms of this Agreement. SECTION 11. NO COSTS TO ACHD. Any and all costs and expenses associated with Licensee's Authorized Use of the Right -of -Way, or any construction or installation of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensee. SECTION 12. TAXES AND ASSESSMENTS. assessments and personal property taxes that improvements_ during the term of -this Agreement. Licensee agrees to pay all special may be levied and assessed on the SECTION 13. RESTORATION ON TERMINATION. Upon termination of this Agreement, Licensee will promptly remove all Improvements and restore the Right -of - Way to at least its present condition. Should Licensee fail or neglect to promptly remove the Improvements and restore the Right -of -Way, ACHD may do so, and assess TEMPORARY LICENSE AGREEMENT - Page 4 (3/29/06) Licensee for the costs thereof. Provided, ACHD and Licensee may agree in writing that some or all of such Improvements are to remain on the Right -of -Way following termination, and by entering into such an agreement Licensee thereby disclaims all right, title and interest in and to the same, and hereby grants such Improvements to ACHD, at no cost. Further provided, if the Authorized Use of the Right -of -Way under this Agreement is for landscaping in ACHD right-of-way and the irrigation and maintenance thereof, and the general purpose government with jurisdiction has adopted ordinances, rules and regulations governing the landscaping and maintenance of such right-of-way by owners of the adjacent property, to the extent such owners are obligated to maintain and irrigate the landscaping Licensee need not remove the same from the Right -of -Way. SECTION 14. INDEMNIFICATION. Licensee hereby indemnifies and holds ACHD harmless from and against any and all claims or actions for loss, injury, death, damages, mechanics and other liens, arising out of the failure or neglect of Licensee, Licensee's employees, contractors and agents, to properly and reasonably make Authorized Use of the Right -of -Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and occupation of the Right -of -Way by Licensee, and including any attorney fees and costs that may be incurred by ACHD in defense of such claims or actions indemnified against by Licensee hereunder. For claims or actions arising out of failures or neglects occurring during the term of this Agreement Licensee's obligations pursuant to this section shall survive the termination of this Agreement. SECTION 15. COMPLIANCE WITH LAW• WASTE AND NUISANCES PROHIBITED. In connection with Licensee's use . of the Right -of -Way, throughout- the term of this Agreement Licensee covenants and agrees to: (i) comply and observe in all respects any and all, federal, state and local -statutes, ordinances, policies, rules and regulations, .including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the presence, use, generation, release, discharge, storage or disposal in, on or under the Right-of-way of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state or local environmental statute, regulation or occurrence presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and approvals required by ACHD or any other unit of government; and (iii) commit -no waste or allow any nuisance on the Right -of -Way. Licensee covenants and agrees to indemnify and hold ACHD harmless from and against any and all claims, demands, damages, dens, liabilities and expenses (including without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any way connected with the breach of the -foregoing-covenant. These covenants shall survive the termination of this Agreement. SECTION 16. ASSIGNMENT. Licensee cannot sell, assign or otherwise transfer this Agreement, the license herein extended, or any of its rights hereunder except with the prior written consent of ACHD, which consent wall not be granted unless the assignee TEMPORARY LICENSE AGREEMENT - Page 5 (3/29/06) assumes all obligations, warranties, covenants and agreements of Licensee herein contained. SECTION 17. ATTORNEYS' FEES. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attomeys' fees. SECTION 18. NOTICE. Any notice under this Agreement shall be in writing and be delivered in person, or by United States Mails, postage prepaid, or b y p24 -hour overnight courier service (so long as such service provides wri en Iic confirmation or t of delivery), or by facsimile verified by electronic confirmation. All notices shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days following the day of deposit in the United States Mails, (c) the day of delivery to the overnight courier, or (d) the day facsimile delivery is electronically confirmed. If to ACHD: Ada County Highway District 318 East 37th Street Garden City, Idaho 83714 Attn: Right of Way Division If to Licensee: City of Meridian / Meridian Parks and Recreation 11 W. Bower St. Meridian, Idaho 83642 SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein extended, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and, if consented to by ACHD under section 16, Licensee's assigns. SECTION 20. EXHIBITS. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 21. NO RECORDATION. This Agreement shall not be recorded in the Official Real Property Records of Ada County, Idaho. SECTION 22. Warranty of Authority to Execute. 22.1___T he person executing this Agreement on behalf of ACHD represents resents and warrants due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. TEMPORARY LICENSE AGREEMENT - Page 6 (3/29/06) 22.2 If Licensee is not a natural person, the person executing the Agreement on behalf of Licensee represents and warrants due authorization to do so on behalf of Licensee, and that upon execution of this Agreement on behalf of Licensee, the same is binding upon, and shall inure to the benefit, of Licensee. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. ADA COUNTY HIGHWAY DISTRICT By:anon &IB3 - Romo Its: Right of Way Supervisor LICENSEE: City of Meridian / Meridian Parks and Recreation ,,,Ryj„ ,,f,mmy d erd .•�`�: O�t?n Mayor SEAL Exhibit A - I!,Gg'� TEMPORARY LICENSE AGREEMENT - Page 7 (3/29/06) Of Right -of -Way Meridian Library Streetscape'O -Vicinity Map IDAHO IDAHO z a Q� w 2: BROADWAY BROADWAY B SCALE 1 :1,375 100 0 100 200 300 FEET a 0 Q a 0b. Q W Q I Is I T�7�C 0 • Property Management No. 0731 - 2069- 0508 Street: 18 E. Idaho St. - Meridian City Library Street Scape T.3N., R1 E., S 7 TEMPORARY LICENSE AGREEMENT THIS TEMPORARY LICENSE AGREEMENT (the "Agreement") is made and entered into this -� day of MfN , 2008, by and between the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, ("ACRD") and City of Meridian/Meridian Parks and Recreation, ("Licensee"). WITNESSETH: For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties: SECTION 1. RECITALS. 1.1 ACHD owns and has exclusive jurisdiction over the public right-of-way located in Ada County, Idaho, more particularly described and/or depicted on Exhibit "A" attached hereto (the "Right -of -Way'). 1.2 Licensee desires a license to use the Right -of -Way for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACHD is willing to extend such license to Licensee. SECTION 2. LICENSE: LICENSE NOT EXCLUSIVE. 2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends to Licensee a license on, over, across and under the Right -of -Way for the following uses and purposes ("Authorized Use') and no others: Licensee is to construct, install and maintain landscaping consisting of trees,; clay brick pavers, tree grates, planter pots, street lamps, trash receptacles and landscape irrigation system per Exhibit A and the ACHD approved civil drawings, located within ACHD RMI along W. Idaho Ave. Final grading of landscaped areas shall slope away from Right of Way nhardscape" improvements including the -edge of pavement, curbing and sidewalks /n general,`tip nsee td install landscaping and sprinklers in a manner to eliminate irrigation flowsand/or Ponding of irrigation water within the ACHD Ri4ht of Way. Access to inlets and putlets of ACRD Drainage Areas shall not be planted weth trees., shrubs or any landscaping that would impede heavy equipment vehicle access. Licensee to observe the 40' sight triangle within the subdivision and will not plant any shrubs TEMPORARY LICENSE AGREEMENT - Page 1 (3/29/06) or trees within the area or over any utility lines. All trees in the public Right of Way, to be maintained by Licensee for clearance of 14' over all roadways measured at gutter plate and W over all sidewalks. Licensee to contact Digline Inc., prior to start of construction. Licensee to contact Construction Services at 387-6280 to verify if a construction permit is required. 2.2 This Agreement does not extend to Licensee the right to use the Right -of - Way to the exclusion of ACHD for any use within its jurisdiction, authority and discretion or of others to the extent authorized by law to use public right-of-way. If the Right -of - Way has been opened as a public Highway (as used in the Agreement the term "Highway" is as defined in Idaho Code § 40-109(5)} Licensee's Authorized Use .is subject to the rights of the public to use the Right -of -Way for Highway purposes. Licensee's Authorized Use is also. subject to the rights of holders of easements of record or obvious on inspection of the Right -of -Way and statutory rights of utilities to use the public right-of-way. This Agreement it is not intended to, and shall not, preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-of-way, or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. SECTION 3. CONSTRUCTION. -OR INSTALLATION OF IMPROVEMENTS. Any repairs or maintenance, of the Licensee's improvements currently located in the Right - of -Way or the installation or construction of improvements by Licensee in the Right -of - Way as permitted by the Authorized. Use, (the "Improvements'), shall be accomplished in accordance with designs, plans and, specifications approved in advance and in writing by AGHD. required to. satisfy applicable laws, 'its policies and good engineering. practices.' In approving such plans and specifications, ACHD assumes no responsibility for any -deficiencies or inadequacies in the design or. construction of the Improvements, and the responsibility therefor shall be and remain in Licensee. SECTIO -14'A.- - -WAIVEW AND ESTOPPEL STATEMENT BY LICENSEE. Licensee acknowledges and agrees that the license granted herein is temporary, non- transferable, and ' merely a permissive use of the Right -of -Way pursuant to this Agreement Licensee further acknowledges and agrees that it specifically assumes the risk that the license pursuant to.this. Agreement -may be terminated before Licensees has realized the 'economic benefit of the cost of. installing, constructing, repairing, or maintaining the Improvements, and Licensee hereby waives and estops itself from asserting any claim that the license is in any way irrevocable because Licensee has - expended -funds -on the -Improvements -and -the Agreement -teas -not -been -;in: eff�ct~for a -- period sufficient for Licensee to realize the economic benefit from such expenditures. SECTION 5. TERM. TEMPORARY UdENSE AGREEMENT - Page 2 (3/29/06) • 5.1 The term of this Agreement will commence on the �v' ""day of 2008, and will continue until terminated by either party, with or without cause, which termination shall be effective following THIRTY (30) DAYS advance written notice of termination given the other party. 5.2 If Licensee defaults in the performance of any obligations incumbent upon it to perform hereunder ACHD may terminate this Agreement and the rights extended to Licensee hereunder at any time, effective at the end of thirty (30) days following the date ACHD shall provide written notice of termination to Licensee, which notice shall specify such default(s). Licensee shall have such thirty (30) day period to correct and cure the specified defaults, and if so corrected and cured, to the satisfaction of ACHD, this Agreement shall not be terminated but shall continue in full force and effect. SECTION 6. FEE. There is no fee for the Licensee's Authorized Use 'of the Right -of - Way under this Agreement. SECTION 7. MAINTENANCE: FAILURE TO MAINTAIN: RELOCATION OF UTILITIES. 7.1 At its sole cost and expense, Licensee shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of ACHD and sound engineering practices. Licensee shall have access over, across and under the Right -of -Way for the purposes of accomplishing such repair and maintenance. 7.2 If the Highway on and/or adjacent to the Right -of -Way is damaged as a result, of: (i) the performance by Licensee of the .maintenance required by section 6.1, or the failure or neglect to perform such maintenance; and/or (ii) Licensee's_ design, installation or use of the Improvements, regardless of cause; at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the Highway and the surface of the Right -of -Way to the same condition it was in prior thereto, and if Licensee shall fail orneglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equip.Ment.of ACHD... _ _... 7.3 Notwithstanding the provisions of section 7.2, should an emergency exist related to the Licensee's use of this license which thre0ens the stability or function of the Highway on or adjacent to the Right -of -Way or the safety of the public use thereof, TEMPORARY LICENSE AGREEMENT - Pade 3 (3/29/06) ACHD shall have the right to immediately perform, on behalf of, and at the cost of Licensee necessary emergency repairs. . 7.4 Licensee will be responsible for the relocation of any existing utilities located on the Right -of -Way as may be required in connection with any construction or installation of Improvements by Licensee in the Right -of -Way. SECTION 8. RELOCATION OF IMPROVEMENTS. If during the term of this Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that the Highway on and/or adjacent to the Right -of -Way be widened and/or realigned, redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for all costs for relocating, modifying or otherwise adapting the Improvements to such realignment and/or relocation and/or reconstruction if required by ACHD, which shall be accomplished by Licensee according to designs, plans and specifications approved in advance by ACHD in writing; .provided Licensee may elect to terminate this Agreement in lieu of complying with this responsibility, and further provided ACHD gives Licensee adequate written notice as necessary to allow Licensee to redesign, relocate, modify or adapt the Improvements to the realignment and/or relocation and/or reconstruction of the Highway and also licenses Licensee such additional area of its right-of-way, if any, as may be necessary for the proper operation of the Improvements. SECTION 9. PERMIT. If the proposed construction and installation of the Improvements, or any reconstruction; relocation or maintenance thereof requires Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit from ACHD (Construction Services Division) before commencing such work, and pay the.required fees and otherwise comply. with the conditions set forth therein. SECTION 10. N071TLE IN LICENSEE. Licensee shall have no dght,,fdle or interest: in or to the Right-of=Way other than the right to temporarily use the same pursuant to the terms of this Agreement. SECTION 11. NO COSTS TO ACHD. Any and all costs and expenses associated with Licensee's Authorized Use of the Right -of -Way, or any construction or installation of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensee. SECTION 12. TAXES AND ASSESSMENTS. Licensee agrees to pay all special assessriments and personal property taxes that may be levied and assessed on the Improv e-roants_dudag.the terin.ofAt i&Agreemeat.. - SECTION 13. RESTORATION ON. TERMINATION. Upon termination of this Agreement, ,Licensee will prom — ly .remQmpr_ovements and restore the. R gYit-of Way to at least its present condition. Should Licensee fail or neglect to .promptly remove the Improvements and restore the Right-of=Way, AND may do so, and assess TEMPORARY LICENSE AGREEMENT - Page 4 (3/20/0$) Licensee for the costs thereof. Provided, ACHD and Licensee may agree in writing that some or all of such Improvements are to remain on the Right -of -Way following termination, and by entering into such an agreement Licensee thereby disclaims all right, title and interest in and to the same, and hereby grants such Improvements to ACHD, at no cost. Further provided, if the Authorized Use of the Right -of -Way under this Agreement is for landscaping in ACRD right-of-way and the irrigation and maintenance thereof, and the general purpose government with jurisdiction has adopted ordinances, rules and regulations governing the landscaping and maintenance of such right-of-way by owners of the adjacent property, to the extent such owners are obligated to maintain and irrigate the landscaping Licensee need not remove the same from the Right -of -Way. SECTION 14. INDEMNIFICATION. Licensee hereby indemnifies and holds ACHD harmless from and against any and all claims or actions for loss, injury, death, damages, mechanics and other liens, arising out of the failure or neglect of Licensee, Licensee's employees, contractors and agents, to properly and reasonably make Authorized Use of the Right -of -Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and occupation of the Right -of -Way by Licensee, and including any attorney fees and costs that may be incurred by ACHD in defense -of such claims or actions indemnified against by Licensee hereunder. For claims or actions arising out of failures or neglects occurring during the term of this Agreement Licensee's obligations pursuant to this section shall survive the termination of this Agreement. SECTION 15. COMPLIANCE WITH LAW; WASTE AND NUISANCES PROHIBITED. In connection with Licensee's use.of the Right -of -Way, throughout -the term of this Agreement Licensee covenants and agrees to: (i) comply and observe in all respects any and all, federal, state Arid locatl statutes, ordinances, policies, rules and regulations,. including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the. presence, use, generation, release, discharge, storage or disposal in, on or under the Right-of-way of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state or local environmental' statute, regulation or occurrence presently in effect or that r, y be promulgated in the future); (ii) obtain any and all permits and approvals required by ACHD or any other unit of government; and (iii) commit .no waste or allow any nuisance on the Right -of -Way. Licensee covenants -and agrees to ' indemnify anti hold ACRD* harmless from and against any and all claims, demands, damages., Piens, liabilities and expenses (including without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any way. connected With the -breach. of .the -foregoing. -covenant These-eevenants- shall survive the termination of this Agreement. SECTION 16. ASSIGNMENT. Licensee cannot se ", ssign or otherwise transfer this Agreement, the license herein extended, or any of i s ights hereunder except with the prior written consent of ACRD, which consent vAll n r', be granted unless the assignee TEMPORARY LICENSE AGREEMENT - Page 5 (3/29/06) assumes all obligations, warranties, covenants and agreements of Licensee herein contained. SECTION 17. ATTORNEYS' FEES. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 18, NOTICE. Any notice under this A(,. ?ment shall be in writing and be delivered in person, or by United States Mails, posiage prepaid, or by public or private 24-hour overnight courier service (so long as such service provides written confirmation of delivery), or by facsimile verified by electronic confirmation. All notices shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on (a) actual de'�v,_ry or refusal, (b) three (3) days following the day of deposit in the United States i 'Is, Is, (c) the day of delivery to the overnight courier, or (d) the day facsimile delivery is ' ,ctronically confirmed. If to ACHD: Ada County High: District 318 East 37th StrL,-L Garden City, Idaho 3714 Attn: Right of Way 7.'vision If to Licensee: City of Meridian/ ridian Parks and Recreation 11 W. Bower St. Meridian, Idaho 8. SECTION 19. SUCCESSORS AND ASSIGNS. Agreement, the license herein extended, and the covenants and agreements h- ,in contained shall inure to the benefit of and be binding upon the parties he; - and their successors and, if consented to by ACHD under section 16, Licensee': signs. SECTION 20. EXHIBITS. All exhibits attached 1hcr are. incorporated herein as if set forth in full herein. SECTION 21. NO RECORDATION. This Agree Official Real Property Records of Ada County, Id,.- `ic SECTION 22. Warranty of Authority to Execute. .nd the recitals contained herein nt shall not be recorded in the 22.1.__ The person executing this Agreement 5ehalf of ACHD represents and - - - warrants due authorization to do so on behalf of ; ,G and that upon execution of this Agreement on behalf of ACHD, the same is binuig -n, and shall inure to the benefit of, ACHD. TEMPORARY LICENSE AGREEMENT - Page 6 (3/29/06) • • 22.2 If Licensee is not a natural person, t person executing the Agreement on behalf of Licensee represents and warrants du _Jhonzation to do so on behalf of Licensee, and that upon execution of this Agreern on behalf of Licensee, the same is binding upon, and shall inure to the benefit, of L ee. IN WITNESS WHEREOF, the undersigned - ,e caused this Agreement to be executed the day, month and year first set forth abs ADA COUNTY Fd ° ° dNAY DISTRICT P i, ( ?, By: tfianon B. F Its: Right of Wr 3 pervisor LICENSEE: City of Meridian ridian Parks and Recreation 04 �(���T►�,mmY dg t n OW for JAY moi= C SEAL _ 9 Exhibit A - t�e�bepict f Right -of -Way TEMPORARY LICENSE AGREEMENT - Page 7 (3/29/06) Meridian Library Streetsc pef—Vicinity Map .i. IDAHO ISI 0 IDAH( BROADWAY BROACNAY BROADM SCALE 1 :1,375 1*00 0 100 200 300 FEET /k Q a 0 0 0 W Q 0 S z R 8 1 d) X 0 0 May 2, 2008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT ITEM NO. 5-1 REQUEST Approve Beer and Wine License Transfer of Owner Application from MD Pizza, LLC to Pier 49 Pizza at 3340 North Eagle Road AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. BEER LICENSE OWNER TRANSFER APPLICATION INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: Applicant: ES Roberts LLC Business Name: Pier 49 Pizza Location: 1551 W. Chevy Lane, Meridian Idaho 83642 License Type: [X] Beer a Wine p Liquor Application / File Fee: License Transfer Fee - Beer $50.00 Receipt No. 13178 Economic Development: Economic Development Approval: N/A Signature Date Police Department: Police Chief Approval: 6cL u;te� l -t ° lOy Signature IEfate Fire Department: Fire Chief Approval: Signature r>V O Date Planning Department: Planning Director Approval: O Signature f bate Public Works Department: Development Services Manager Approval: 0 4g Signature I D to PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This is scheduled to be on the April 29 Agenda. THANK YOU. BEER LICENSE OWNER TRANSFER APPLICATION INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: Applicant: ES Roberts LLC Business Name: Pier 49 Pizza Location: 1551 W. Cherry Laney Meridian Idaho 83642 License Type: [X] Beer a Wine p Liquor Application / File Fee: License Transfer Fee - Beer $50.00 Receipt No. 13178 Econom, is Development: Economic Development Approval: NIA Signature Date Police Department: Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: Slgnatu a Date Planning Department: Planning Director Approval: SignatureV Date Public Works Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This is scheduled to be on the April 29n Agenda. THANK YOU. Nancy Radford From: Bruce Freckleton Sent: Monday, April 28, 200811:47 AM To: Nancy Radford; Jeff Lavey; Bob Stowe; Joe Silva; Anna Canning Cc: Jaycee Holman; Tara Green Subject: RE: Pier 49 Transfer of Owner and Beer Renewal Application Attachments: Bruce Freckleton (freckleb@meridiancity.org).vcf • Page I of I Nancy, I have reviewed this application for transfer and renewal at 1551 Cherry Lane and have no objections once the proper State and County permits are in place. Please note the official address for Pier 49 is 1551 W. Cherry Lane, Suite 102. Bruce ..� 1 Bruce Freckleton Development Services Manager Meridian Public Works Department From: Nancy Radford Sent: Monday, April 28, 2008 9:42 AM To: Jeff Lavey; Bob Stowe; Joe Silva; Anna Canning; Bruce Freckleton Cc: Jaycee Holman; Tara Green Subject: Pier 49 Transfer of Owner and Beer Renewal Application Good Morning, Attached are Pier 49 Beer License Owner Transfer and their 2008-2008 Renewal Application. This is looted at 1551 Cherry Lane. Please look this application over, indicate approval on the signature page and return to our office (via fax or email would be appropriate). We apologize for the rush and hope that this will be the last one of the renewal season. Thank you so much for your prompt attention, Assistwit City Clerk Meridian City Clerks 011ice 33 E Idaho Ave. Meridian, IU 83642 Office: 208-884-2468 x225 Fax- 208-888-4218 Email: rxUordn@meridiancity.o- 4/28/2008 Nancy Radford Assistant City Clerk Meridian City Clerks Office 33 E. Idaho Ave. Meridian, ID 83642 Office: 208-884-2468 x225 Fax: 208-888-4218 Email: radfordn@meridiancity.org Nancy Radford From: Anna Canning Sent: Monday, April 28, 2008 10:27 AM To: Nancy Radford Subject: Re: Pier 49 Transfer of Owner and Beer Renewal Application I won't be able to comment until I see the state license. Sent using BlackBerry ---Original Message ----- From: Nancy Radford To: Jeff Lavey; Bob Stowe; Joe Silva; Anna Canning; Bruce Freckleton CC: Jaycee Holman; Tara Green Sent: Mon Apr 28 10:23:55 2008 Subject: RE: Pier 49 Transfer of Owner and Beer Renewal Application Bob Stowe inquired about the lack of copies of State and County. They are in process. I told the Gentleman I would take the applications but I would have to hold the license until I had both State and County in hand. The rational is that he may have to NOT serve for a day or 2. Rather than a whole week, waiting for May 6th City Council Agenda to be approved. Clear as mud? From: Nancy Radford Sent: Monday, April 28, 2008 9:42 AM To: Jeff Lavey; Bob Stowe; Joe Silva; Anna Canning; Bruce Freckleton Cc: Jaycee Holman; Tara Green Subject: Pier 49 Transfer of Owner and Beer Renewal Application Good Morning, Attached are Pier 49 Beer License Owner Transfer and their 2008-2008 Renewal Application. This is located at 1551 Cherry Lane. Please look this application over, indicate approval on the signature page and return to our office (via fax or email would be appropriate). We apologize for the rush and hope that this will be the last one of the renewal season. Thank you so much for your prompt attention, s 0 BEER LICENSE OWNER TRANSFER APPLICATION INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: Applicant: ES Roberts LLC Business Name: Pier 49 Pizza Location: 1551 W. Cherry Lane, Meridian Idaho 83642 License Type: [X] Beer Wine Q Liquor Application / File Fee: License Transfer Fee - Beer $50.00 Receipt No. 13178 Economic Development:, Economic Development Approval: N/A Police Department: Police Chief Approval: Fire Department: Fire Chief Approval: Signature Date .5�� i k s-oe-� Si nature Date Signature Planning Department: Planning Director Approval: Date Signature Date Public Works Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This is scheduled to be on the April 29 Agenda. THANK YOU. 0 Nancy Radford From: Jeff Lavey Sent: Monday, April 28, 200810:50 AM • Page 1 of 2 To: Bob Stowe; Nancy Radford; Joe Silva; Anna Canning; Bruce Freckleton Cc: Jaycee Holman; Tara Green Subject: RE: Pier 49 Transfer of Owner and Beer Renewal Application The Police Department will not approve until the applicant complies with state and county licensing and shows copies of such as stated in the application requirements. Once received then I can approve if Lt. Stowe is still out of town. Jeff A. Lavey Chief of Police rr- From: Bob Stowe Sent: Monday, April 28, 2008 10:32 AM To: Nancy Radford; Jeff Lavey; Joe Silva; Anna Canning; Bruce Freckleton Cc: Jaycee Holman; Tara Green Subject: RE: Pier 49 Transfer of Owner and Beer Renewal Application I will not sign an approval until I see copies of both licenses, and I will not be in the office after tomorrow until May 5. Lt Bob Stowe Merldlan Police Dept (208) 84&7338 From: Nancy Radford Sent: Monday, April 28, 200810:24 AM To: Jeff Lavey; Bob Stowe; Joe Silva; Anna Canning; Bruce Freckleton Cc: Jaycee Holman; Tara Green Subject: RE: Pier 49 Transfer of Owner and Beer Renewal Application Bob Stowe inquired about the lack of copies of State and County. They are in process. I told the Gentleman I would take the applications but I would have to hold the license until I had both State and County in hand. The rational is that he may have to NOT serve for a day or 2. Rather than a whole week, waiting for May 6t' City Council Agenda to be approved. Clear as mud? From: Nancy Radford Sent: Monday, April 28, 2008 9:42 AM To: Jeff Lavey; Bob Stowe; Joe Silva; Anna Canning; Bruce Freckleton Cc: Jaycee Holman; Tara Green 4/28/2008 • • Page 2 of 2 Subject: Pier 49 Transfer of Owner and Beer Renewal Application Good Morning, Attached are Pier 49 Beer License Owner Transfer and their 2008-2008 Renewal Application. This is located at 1551 Cherry Lane. Please look this application over, indicate approval on the signature page and return to our office (via fax or email would be appropriate). We apologize for the rush and hope that this will be the last one of the renewal season. Thank you so much for your prompt attention, Assistant City Clerk Meridian City Clerks Office 33 E. Idaho Ave. Meridian, ID 83642 Office: 208-884-2468 x225 Fax: 208-888-4218 Email: radfordn@meridiancity.org 4/28/2008 MayorTammy de WeeW City Council Member; Keith Bird E IDIAN Joe Borton (:: Charles Rountree ILD A N 0WAIZarernba APPLICATION FOR LICENSE TRANSFER OF OWNER BEER $50.00 WINE $50.00 LIQUOR $50.00 "I hereby certify that I read and fully understand the rules and regulations of Title 3 Chapter 2, City Code of the City of Meridian, requiring licenses and regulating the sale of Beer, Wine or Liquor by the Drink. That I am over 21 years of age, a citizen of the United States, and have been a bona fide resident of the State of w0ji Q _ for the period of I— years, and have not been convicted of any law regulating, goveming, or prohibiting the sale of alcoholic beverages or intoxicating liquors and that my place of business shall not contain screens, boxes, stalls, or any room on the premises where beer is to be sold. That I am aware of the minimum age for sale of Beer, Wine or Liquor by the Drink, and penalties for violation of the same. That, if a vendor of packaged, bottled or canned beer, or packaged, bottled wine, not to be consumed on the premises, I will supervise and make certain that no beer or wine shall be consumed on these premises or parking lots under my control. These premises shall be open to officers of the United States, State of Idaho, or City of Meridian whenever occupied and shall not be open for sale of beer, wine or liquor by the drink between the hours of 1:00 o'clock A.M. and 7:00 o'clock A.M. and that I will uphold the laws of the United States, State of Idaho, and of Meridian at all times. That I am familiar with location limitations as set up by the County,. State and City of Meridian, and will comply with any other special limitations as are in force or as may come about." "I, jFyeru j Irl 'Ko f0 do hereby apply for the transfer of Meridian ( vj Beer ( ) Wine ( ) Liquor License(s) from the name of non Wood 6u ry doing business as bD j? ('2LA L. L C at the address of 1551 W C ht rr y Lane to myself in the name of ES Roberts. L it doing business as P i'e r 9 q P1z?...0. - - _ at the same address. Said transfer to take place on the 3 j s� day of M Wt-'? .200_Y . City Clerk's office . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433. Fax 208-888-4218 . www.matidiencRyorg CITY OF MERIDIAN: Beer License # Wine License # Liquor License # Date Issued: • REQUIRED: ( ) Copies of State and County License issued in the name of the undersigned are attached hereto. Fixtures in the premises of the value of $ t 60,C6,00knd are (1/1 Owned ( VfHeld on conditional sales contract; or ( } Leased or rented. In connection with this application, the following schedules of additional information are attached: Schedule A: Statement and oath of personal qualifications. To be completed by an individual owner, by ALL partners, if application is for a partnership, and by all members of the Board of Directors and all officers and ten principal stockholders of corporate applicant. Schedule B: To be provided by Applicant: Balance Sheet showing the assets, liabilities and capital account as of the date of the application, certified to by the owner, a partner, or an officer of a corporate applicant, and by the individual or firm preparing the same. Schedule C: Statement of the names of all persons, individual and corporate, who have any financial interest in the business to be conducted on the premises to be licensed. Schedule D: A floor plan of the premises to be licensed. Umme Transfer Applwdon Pape 2 of 5 0 • All statements herein contained, including the information in the attached schedules which is within the knowledge of the person subscribing this application, are declared to be true. Dated this 5�, day of -Aot F"i fz-/• K&& Signature of Applicant Address: j -5 -Jr -7 Phone: WrAU STATE OF IDAHO ) ) ss: County of ) I HEREBY CERTIFY that on this r day of , AW9 , before the undersigned, a Notary Public in the State of Idaho, Oersonally appeared A"0 I,c> known to me to be the person who executed the said instrument, and acknowledged to me that he / she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this cert'rficate first above written. (SEAL) AVBG Nota bllc for Idaho _ Residing at My Commission Expires: 1g.X01 Uoense Transfer Appdcadon Pape 3 of 5 11 SCHEDULE A Statement Of Oath Of Personal Qualification, In Connection With The Application For Retail Liquor License Of F5 Ro to e r-+5 , L L G (Exact Name of Applicant as contained in application) STATE OF IDAHO Ada County I , ever -al W �o b e r"� S , be' first duly sworn on my oath depose and say: That I reside at .55 7 � -r r Qg r- Rd, `rioa la" srg 7 that I became a bona fide resident of Idaho on (date) ) z 4/ , ; that I am connected with the above named applicant as: Owner' (;; Partner ( ); Member of the Board of Directors ( ); Officer of Corporation ( ); One of the ten principal stockholders ( ); If a stockholder, state amount of shares held and if all or any part hypothecated, state number of shares . and to whom ; that I now have, or previously have had, ownership or managerial • interest in the below listed business which are now, or have been licensed to sell liquor by the drink; (If interest has been terminated, show date of termination). That i have not within three (3) years from the date of this application been convicted of any violation of the Laws of the United States, the State of Idaho, or any other State of the United States, or of the resolutions or ordinances of any county or city of this State, relating to the importation, transportation, manufacture, possession or sale of alcoholic liquor or beer. Date of Arrest Place of Arrest Charge Disposition That I have not been convicted, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment or completed any sentence of confinement for any felony within five (5) years prior to the date of this application. That the following is a statement of the occasions within three years when my application for, or my license to deal In alcoholic liquor has been refused, suspended, or revoked. (If none, write "none"). _ll) A� LWW= T►ansW APPROMM Pape 4 of 5 • Date of Refusal, Suspension or Revocation • Reason for Refusal, Suspension or Revocation That I am a citizen of the United States: (If naturalized give number and place: That I am not an official, agent, or employee of any distillery, winery, brewery, or wholesaler or jobber of liquor or malt beverages. SCHEDULE C STATEMENT OF THE NAMES OF ALL PERSONS, INDIVIDUAL OR CORPORATE WHO HAVE ANY FINANCIAL INTEREST IN THE BUSINESS TO BE CONDUCTED ON THE PREMISES TO BE LICENSED: (Instructions: Include open loans, mortgages, conditional sales contracts, partnerships, silent partnerships, trusts or other interests, excepting only open trade account incurred in the ordinary course of business). NAME DATE AND NATURE OF -INTEREST AMOUNT INVOLVED M D Pizz-a. ,..Le, Pr-eviouS oWner / L.t°Ih horaler 01 In the case of corporate applicant, fumish the following information (list separately if needed): Date and place of incorporation: Registered Office: Names of all members of the Board of Directors: Names of all officers of the corporation: Names of the ten principal stockholders and amount of stock. Number of Shares Amount Names of Stock Held Par Value Paid for Share Authorized capital stock of corporate applicant: $ LIMM TMWW Appka*m P"e 5 of 5 EIDIANC-- IDAHO • Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton CharlesRountree RT C IT E David Zaremba APR 2 5 2008 City Of Meridian City Clerk Office APPLICATION FOR BEER / W►NE / LIQUOR LICENSE RENEWAL RENEWAL YEAR FOR MAY 1, 2008 TO APRIL 30, 2009 TOTAL AMOUNT OF $ 200.0'IXX ENCLOSED I/ WE HE BY APPLY FOR RENEWAL OF: ✓✓RBEER BY BOTTLE/DRAFT — sold / served ($200.00) )5(P 1 WINE BY BOTTLE/DRINK — sold / served ($200.00) LIQUOR BY THE DRINK —served — wine included ($562.50 ) OWNER / BUSINESS INFORMATION AS IT SHOULD APPEAR ON LICENSE Owner/Business Name G 5 R o Ger+s, 1.L G Mailing Address 5557 AirQefT- laity Niamm . State Iol Zip is -6b6 Location Address 15.5/ W Ch r'r'v LullP.9 Merl d din Phone Zos -131- /449 IF MORE THAN ONE OWNER — PLEASE LIST ADDITIONAL INFORMATION ON A SEPARATE SHEET. PLEASE ATTACH: 0 Copy of Idaho State License Copy of Ada County License 2 100_ dtr q V/abUV1� � rt1 Meridian City Clerks Office 33 E. Idaho Ave. Meridian, ID 83642 208-888-4433 2084888-4218 Fax • I / We hereby certify that there have been no changes in the above named business, ownership, directors, stockholders or partners during the past licensed year and that the information above is1rue and correct. Date q Subscribed and swom to me this o3� day of , 2008. K—WI& O"Ay—) (SEAL) wAR No a Public for Idaho . • CTAA' y . Residing at My Commission Expires: —s— AVB1•�G Pr _•....•':a0.A Meridian City Clerks Office 33 E. Idaho Ave. Meridian, ID 83642 208-888-4433 208-888-4218 Fax pr 26 08 02s59p • p.1 BEER LICENSE OWNER TRANSFER APPLICATION INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: Applicant: ES Roberts LLC , Business Name: Pier 49 Pizza Location: 1551 W. Cherry_Lane, MerWlln ldaho $3642 License Type: [X] Beer p Wine a Liquor Application / File Fee: License Trans -for F p - B3 Receipt No. 13178 Economic Develo=ent: Economic Development Approval: NIA Signature Date Police Osoartment: Polioe Chief Approval: Fke_Deaartment Fire Chief Approval: Plannina Denartrna__ _ Planning Director Approval: Signature Datc Pyblic Works Dena Development Services Manager Approval: Signature Date PLEASE RETURN THIS HEFT ONLY with the appropriate signature. This is scheduled to be on the April 29 Agenda. THANK YOU. Pr, `28 09 02 t 59P • C� f1E IDIAN-:,, APPLICATION FOR LICENSE TRANSPER OF OWNER BEER, $00.00 WINE --^ $50.00 LIQUOR . $50.00 P.2 Ma wUrnmy de Weerd CftYCoWndt M KRRh old Joe Barton Chanes Rountree D" 2aremba I hereby certify that I read and fully understand the rule* and regulations of Title 3 Chapter 2, City Code of the City of Meridien, requiring licenses and regulating the sale of Beer, Who or Liquor by the Drink. That I am over 21 years of age, a citizen of the United States, and have been a bona fide resident of the State of 161 a h a for the period of _ 1 i _ years, and have not been convicted of any law regulating, goveming, or prohibiting the sale of alcoholic beverages or intmdoeft liquors and that my place of business shall not contain screens, boxes, *taps. or any room on the premises where beer Is to be sold. That I am aware of the minimum age for sale of Seer. Wine or Liquor by the Drink, and penalties for violation of the ewe. That, if a vendor of packaged. bottled or canned beer, or packaged. bottled wine, not to be consumed on the premises, I will supervise and make certain that no beer or wine shall be consumed on these promises or parking lots under my control. These premises shall be open to officers of the United Stains. State of Idaho, or City of Meridian whenever occupied and shall not be open for sale of beer, wine or liquor by the drink between the hours of 1:00 o'clock A.M. and 7:00 o'clock A.M. and that I will uphold the lam of the United States, State of Idaho, and of Meridian at all times. That I am familiar with Dation limitations as set up by the County, State and City of Meridian, and will comply with any other special limitations as are in force or as may conte about.' 0110 Y -rc ( ,1n1 'KQ user' 7S do hereby apply for the transfer Of Meridian ( VI Beer ( ) Wine ( ) liquor License(*) from the name of ormn C Woo doing business as M D ir'? a L G at the address Of 5 l 1n1--- C,Y L a AR to myself In the name of E7,5 R -r'h. La doing business as 9 f 1! r 5 q - P "-Z p-, t- at the same address. Said transfer to tette place on the _3 1 *�' day ofd h City Clerk's Offte . 33 E, klnho Averwe, Meridien. ID 83642 Phan 2084M-4433 » Fax 208 888.4218 . www.mordencity.org Ap r. 28. 2008 2: 59PM • . No. 9917 P. 1/2 For internal - Office Use Only: Applicant: ES Roberts LLC Business Name: PIer 49MM . Location: 1661 Z Cherry Lane, Mmidjan Idaho 83842 License Type: Pq Bar p Wine p Liquor Application I File Fee: lj=ga TransFer Fee - Beer 10.0_ Receipt No. 13178 I• Economic Development AppnwW: NIA Signature Date Polka Dena,;tn�ap Police Chief Approval: Signature Date Fi� Fire Chief Approval: Date Planning Demdrmnt: 811nett� - _ ' Planning Director Approval: "� �� Slgnety Public MM Depeftent: Date Development Services Manager Approval: 3lanature Date PLEASE RETURN THIS SHEBY ONLY with the appropriate signature. This Is sdreduled to be on the April 2V Agenda. THANK YOU. Apr, 28. 2008 2: 59PM 0 No. 9917 MR $=FO&4WORTRAMMROF7WU cf f 4f ff j om mm moos v-{nrw%nvu u%aaru% •+w awm%v - M111 alas -*99-803-= nj"gpooA uop a60oTt 90 A8 rdm (This license must be conspicuously displayed.) May 4-2008 —April 30, 2009 ADA COUNTY LICENSE May 1, 2008 —April 30, 2009 STATE OF IDAHO 2009 NO.13700 Year THIS IS TO CER3TWY THAT ES ROBERTS LLC PIER 49 PIZZA is granted a / to conduct a / or for a ALCOHOLIC BEVERAGE License (Type) at 1551 W Cherry Ln # 102 in Meridian 83642 ,State of Idaho (Street Address) (City or Town) and has complied with the laws of the State of Idaho and/or regulations and ordinances of Ada County. BEER Bottled\Canned 15:00 Signature of Licensee or Officer of Corporation TOTAL 75.00 Approved by the Board of County Commissioners this 30 day of April 2008 . David Navarro, ClerWAnditor/R corder Chairman • C� May 2, 2008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT ITEM NO. 5-1 REQUEST Approve Beer, Wine & Liquor License Renewals AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See aftached Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • M8WTwnMdeftwd E IDI "y" �T Kefth Bird j �1 �— Joe eonon Charles Rountree IDA H ODwwZ8mm1x RIECF41VED ,MAY 0 1 7008 City Of Meridian City Clerk Office APPLICA77ON FOR BEER/ WINE / LIQUOR LICENSE RENEWAL RENEWAL YEAR FOR MAY 1, 2M TO APRIL 30, 2009 TOTAL AMOUNT OF $_ /(b 64 D ENCLOSED F /WE HEREBY APPLY FOR RENEWAL OF: js�� BEER BY BOT mmRAFt - add! served paw) WINE BY BOTTLE/DRINK — sola I served ($200.00 ) 02 �r4 UQ" RY THE oRtNK wed -wipe bx*+ded($W.W ) OWNNZR i BUSRgl= EVORMALTION AS I'f S>HOMa APPEAR ON LICENSE 7Y uOti;*- Date of t3ifth4 Z7 _ Place of BIni1 S&j 7�T State l� . DL# Al 9��yy �.,..... Sty _ Expbw. � lb IP MORE THAN ONE OMER — PLEASE LIST ADDITIONAL INFORMATION ON A SEPARATE SHEET. PLEASE ATTACH: COPY of Idaho State Licen# ✓ Copy of Ada County Limen e City CWWS Office . 33 E Idaho Avenue, Merida, ID 83842 Phone 206.688.4d33 F=208,80"218 w -wino►;mBnitl{ ity,8rp 11 We hereby ceffly that there have been no changes in the above named business, ownership, direckxs. stoc�chdders or paMers during the peat Doensed year and that the inforrrtatlonrw correct. Apptican oats 3d o' tome this _ day d _,_ 2WB. (SEAL) Notary p Residing at My Commission CALIFORNIA JURAT WITH AFFIANT STATEMENT KSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) 4 .�- 6 Signature of Doaiment Signer No.1 State of California County of P (u C -or Signahue of Document Signer Na 2 (g any) Subscribed and sworn to (or affirmed) before me on this day of R V 9.1- . 20 v E, by Date MarthYear ' Name of Signer ANNA FIORI proved to me on the basis of satisfactory evidence Commission # 1698491 be the person who appeared before me ..,s Notary PublIc - Coli(omla Sacramento County � '�d- My Comm. Expires Oct 10.201 (2) jj Name of Signer proved to me on the basis of satisfactory evidence be the person who appeared Signature Signature of Notary Public Place Notary Seal Above OPTIONAL — Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Document Date: Signer(s) Other Than Named Above: Number of Pages: RIGHT THUMBPRINT RIGHTTHUNIBPRINT OF SIGNER v- I OF SIGNER "2 Top of thumb here .. . \✓i\�:\✓i��:\✓ii\`�i\`�-�.i\moi\'�i\.�:\�:\✓: ✓ l ✓: �✓:�✓:\�:\-`�i\`�:\`-/i �: ✓: ✓: _ ✓: ✓: ✓: ✓: \�i ice. i\�. \��\_�� \� \� \� ��i\•`�i\�i\`_�-�. i\`�i\� �. ` \�. \��\`_�-_�. :\`�i\✓:\✓i\✓�\v o: 0 N O OD CD�P W O O CO m A As m Iv rn a CD Q. O c E4 .i CL ^c 2 .,�,w-i-icin c-ventinni mmon 381SfIW 3SN3311 SIH1 a 3 rn c v - CD �Y 0 N r.SSTw0x 3 CL Q n o v o CO 0 "" vc� o0� vX,n po r o m o C v M e z m � 0 z � = °'vzE; CD <D N y 0 c CO d CD (D° cru c° o g C 0 c 3 0 -a —1 D ° ° r T z-<zz-G-<-< m o o o N 0 N N L' cn00 0 CDoo 0 000 0 0 m A As m Iv rn a CD Q. O c E4 .i CL ^c 2 .,�,w-i-icin c-ventinni mmon 381SfIW 3SN3311 SIH1 a 3 rn c v - CD �Y 0 N t)co 3 CL Q n o v o CO 0 "" vc� o0� vX,n po r o m o C v M e z m � 0 z r r 0 m A As m Iv rn a CD Q. O c E4 .i CL ^c 2 .,�,w-i-icin c-ventinni mmon 381SfIW 3SN3311 SIH1 a 3 rn c v - CD �Y 0 N Yeense mast to 0 May 2, 2008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Pole Creek Properties, Inc. AZ 07-011 ITEM NO. 5-K REQUEST Development Agreement — Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 zone for Belhaven Subdivision — 5230 North Black Cat Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY see attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Id Wr) O'1, CW Date: 5- 6-() g Phone: 01 W - iW12 Emailed: Staff Initials: 3� Materials presented cd4ublic meetings shall become property of the City of Meridian. • ADA COUNTY RECORDER J. DAVID NAVA# AMOUNT .00 45 BOISE IDAHO 05116108 12:69 PM DEPUTY Delle RE 0 DED- REQUESTIOF CITY OF MERDIAN i 08057324 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ryan Arnold and Don Roberts, Owners 3. Pole Creek Properties, Inc., Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of I I , 2008, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, Pole Creek Properties, Inc., whose address is PO Box 190073, Boise, ID 83701, hereinafter called DEVELOPER, and Ryan Arnold and Don Roberts, whose address is PO Box 190073, Boise, ID 83701, hereinafter called OWNERS. 1. RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Developer and/or Owners make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Developer has submitted an application for annexation and re -zoning of the Property described in Exhibit A, and has requested a designation of R-4 (Low Density Residential District), Municipal Code of the City of Meridian; and 1.5 WHEREAS, Developer and/or Owners made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDIVISION) PAGE 1 OF 11 9 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 0 day of March, 2008, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Developer and/or Owners to enter into a development agreement with relation to the R-4 (Low Density Residential District) before the City Council takes final action on annexation and zoning designation; and 1.9 DEVELOPER and/or OWNERS deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Developer and/or Owners to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDIVISION) PAGE 2 OF 11 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 DEVELOPER: means and refers to Pole Crff�k Properties, Inc., whose address is PO Box 190073, Boise, ID 83701,'the party developing said Property and shall include any subsequent developer(s) of the Property. 3.3 OWNERS: means and refers to Ryan Am w and Don Roberts, whose address is PO Box 190073, Boise, ID 83, the parties that owns said Property and shall include any subsequent owner(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re -zoned R-4 (Low Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Section 11-2-A which are herein specified as follows: Construction of 16 single-family residential building lots and S common lots in the proposed R-4 zoning district on 6.84 acres, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 07-011 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Developer/Owner and/or Owner shall develop the Property in accordance with the following special conditions: The developer should construct homes on the site that are in substantial compliance with the elevations submitted with this annexation application (AZ -07-011). The applicant shall construct homes on the site that contain the following design features: gable rooflines facing the street, shutters, substantial pillars with substantial bases accented with brick/stone, and covered porch areas. The applicant shall construct homes on the site that DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDIVISION) PAGE 3 OF 11 • 0 contain the following building materials: wood lap siding and/or stucco with rock/stone accents along the front facade. 2. A minimum of four single-family building types shall be submitted to allow for a diverse mix of floor plans and elevation variety within the proposed development. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Developer and/or Owner or Developers and/or Owners heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Developer and/or Owners consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to - wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Developer and/or Owners and if the Developer and/or Owners fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Developer and/or Owners shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Developer and/or Owners, or Developer and/or Owners' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Developer and/or Owners of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDIVISION) PAGE 4 OF 11 or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Developer and/or Owners' cost, and submit proof of such recording to Developer and/or Owners, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by the City or Developer and/or Owners, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Developer and/or Owners shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non - breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Developer and/or Owners or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Developer and/or Owners agree to provide, if required by the City. DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDIVISION) PAGE 5 OF 11 0 • 14. CERTIFICATE OF OCCUPANCY: The Developer and/or Owners agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer and/or Owners have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Developer and/or Owners agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNERS: Ryan Arnold and Don Roberts PO Box 190073 Boise, ID 83701 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER: Pole Creek Properties, Inc. PO Box 190073 Boise, ID 83701 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. 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 attorney's fees as DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDIVISION) PAGE 6 OF 11 • 0 determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. 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 other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Developer and/or Owners of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Developer and/or Owners, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Developer and/or Owner have fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Developer and/or Owners and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Developer and/or Owners and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDIVISION) PAGE 7 OF 11 • 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: PO K PROPERTIES, INC.Y-//D�A 0,06'.k. - ,,7 OWNERS: p, RYAN ARNOLD rl,k/q R DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDIVISION) PAGE 8 OF 11 0 • Attest: JAYCW HOLMAN, CITY CITY OF MERIDIAN `%Waulift,, Orr 11.11f, elf, Zr s CLE SEAL ��r�r rwr nNa�rTi ti,���N� DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDIVISION) PAGE 9 OF 11 • STATE OF IDAHO, ) ss County of Ada, ) • On this .3v y of! 'PY 1 1 , 2008, before me, the undersigned, a Notary Public in and for said State, personally, appeared]) D �1► V Qi- ko bt'k+ , known or identified to me to be the res l de-t�+ of Pole Creek Properties, Inc., acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ►•`�gI ELI- PUBIA ��'••;T8 OF t9� S OF IDAHO, ss County of Ada, -Y"- Notary Public for Idaho _ Residing at: P -1- b My Commission Expires: D fit? On this Zday of APV l , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Ryan Arnold, known or identified to me to be the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ��1,,........400, 669j04 ap. i. •, Notary Public for Idaho 10 , Residing at: VYI U r * �•� My Commission Expires: PpgL' G ,•• ,.• •�'••.�rE OF 19..••• DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDIVISION) PAGE 10 OF 11 11 STATE OF IDAHO, ) ss County of Ada, ) 0 On this -3Aay of ', 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Don Roberts, known or identified to me to be the person who signed above and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ���pWa4Vr�� .•'•• 4L ELLIS "®'.. ,•. yp000.90604" 00 oL * ; "•� G � � Notary Public for Idaho PUBA't ..• O s Residing at:1@.V "T s?,•••.......•'� �►•.•' My Commission Expires: D a0 ..���4 TE of STATE OF IDAHO ) ss County of Ada ) h On this . day of , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee Holman, know or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •*goose** e (SEAL)•• X14WA • i • Ic •+ s ®•®®�®IDAag�-q of y Public fpor Idaho Residing at: ell 10-1 1 IJ Commission expires: 10 -11 - DEVELOPMENT AGREEMENT (AZ 07-011 BEUBAVEN SUBDMSION) PAGE 11 OF 11 PARCEL DESCRIPTION December 15, 2006 PROJECT: Pole Creek Properties PARCEL NO.: Bellhaven Subdivision Boundary Legal A parcel of land being a portion of the N'h of the SW 1/4 of Section 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, -Ada County, Idaho, mora particularly described as follows: COMMENCING at a found brass cap marling the southwest corner of said Section 27; Thence North 00°31 `13" East coincident with the west line of the said SW'/. of Section 27, a distance of 1545.16 Thence South 89°06' 10" East, 25.00 feet to the POINT OF BEGINNING; Thence North 00°31' 13" East parallel with the west line of the said SW V4 of -Section 27, a distance of 255.39 feet; Thence South 89'34'39"_ East, 266.73 feet to a found %2" rebadho cap; Thence South 19°42'49" Eas4111.64 feet to a found 150 rebar/no cap; Thence South 34'19'34" East, 7958 feet to a frand'h" rebar/no cap; Thence South 50'50'55" East, 89.16 feet to a found'/2" rebar/ao cap; Thence South 88°11'51" East, 896.87 feet; Thence South 12044'38" East, 20631 feet to a found W rebar/no cap on the south line of the N'/2 of the SW'/, of Section 27; Thence North 89017'50" West coincident with the south line of the said N'h of the SW V. of Section 27, a distance of 1047.96 feet; Thence North 00027'44T'•East; 15535 feet; Thence North 44019122" West, 42.58 feet; Thence North 89°06' 12" West, 28632 feet to the POINT OF BEGINNING. The parcel above described contains 6.84 acres more or less. Together with and subject to covenants, easements and restrictions of record Basis of bearings for this parcel is North 00°31' 13" East between the found brass cap marling the southwest comer of said Section 27, and the found 1/2" rebar (comer record #99113295) marling the west V4 corner of said Section 27, both in T. 4 N., R. 1 W. AERVAN PUBLIC WORKS DEPT "de Creek ProplDmw1nS0SmN*yli eg"ub Lept DSWcp 120M -raL-OCEIVED FEB 2 B 2008 City Of Meridian City Clerk Office CITY OF MERIDIAN E;M_IAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND 1 D A H 0 DECISION & ORDER In the Matter of Annexation and Zoning of 6.99 acres from RUT (Ada County) to R-4 (Medium low-density residential) zoning district AND Preliminary Plat of 16 single-family residential building lots and 5 common lots on 6.84 acres in a proposed R4 zoning district, for Belhaven Subdivision, by Pole Creels Properties, Inc. Case No(s). AZ -07-011 and PP -07-016 For the City Council Hearing Date of: February 19, 2008 (Findings on the March 4, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-011 & PP -07-016 -1- 0 0 4. Due consideration has been given to the comments) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 19, 2008 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 11107 is hereby conditionally approved'; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 19, 2008 incorporated by reference. 3. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of February 19, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-011 & PP -07-016 -2- • C� time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Attached: Staff Report for the hearing date of February 19, 2008. By action of the City Council at its regular meeting held on the day of fl a&o.kn, , 2009. COUNCIL MEMBER DAVID ZAREMBA VOTEDJA l e COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED W a COUNCIL MEMBER KEITH BIRD VOTEDI e MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ATTEST: JAYCEE HOLMAN. CITY Copy served upon Applicant, The Attorney. B�,A L _ nninDap�artnit, Public Works Department and City Dated: Jam' <I-0 18, ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-011 & PP -07-016 -3- CITY OF MERIDIAN PLANNING DEPA6ENT STAFF REPORT FOR THE HEARING DAWF FEBRUARY 19, 2008 STAFF REPORT Hearing Date: February 19, 2008 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Belhaven Subdivision a AZ -07-011 IDAHO Annexation and Zoning of 6.99 acres from RUT (Ada County) to R-4 (Medium low-density residential) zoning district, by Pole Creek Properties, Inc. • PP -07-016 Preliminary Plat of 16 single-family residential building lots and 5 common lots on 6.84 acres in a proposed R-4 zoning district 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Pole Creek Properties, Inc., has applied for Annexation and Zoning (AZ) of 6.99 acres from the RUT (Ada County) to the R-4 (Medium low-density residential) zoning district and Preliminary Plat (PP) approval of 16 single-family residential building lots and 5 common lots on 6.84 acres of land for Belhaven Subdivision. The site is located at 5230 N. Black Cat Road, on the east side of N. Black Cat Road, approximately % mile north of W. McMillan Road, in the southwest '/a of Section 27, Township 4 North, Range 1 West. This property is currently referenced as Assessor's Parcel Number SO427325700 and has not been previously platted. This property is within the City's Urban Service Planning Area and Area of Impact. The City's Comprehensive Plan Future Land Use Map designates the subject property as medium -density residential. NOTE: The Planning and Zoning Commission continued these items to allow the applicant time to work with Public Works regarding City water and sewer services to the Poorman property. Since the October hearing the applicant has worked with City Staff to remedy the issue. At the time of final platting of Lots 14 of Block 2, the applicant will be responsible for stubbing City Services to the Poorman property. The applicant has also submitted a new preliminary plat and landscaping plan for Staffs review and analysis. The revised plat and landscaping plan illustrates the shortening of the cul-de-sac, adding Lot 5 to Block 3 with a 95 foot extension of the pathway adjacent to the northern boundary of the lot (note: the total number of lots has not increased). The applicant has also provided additional open space east of Lot 3, Block 2 however, the amount of open space for the site has not increased. New information is provided in strike -through and underline format throughout the report. 2. SUIVIIVIARY RECOMMENDATION The subject applications (AZ -07-011 & PP -07-016) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the AZ & PP applications. Staff recommends approval of AZ -07-011 and PP -07-016 for Belhaven Subdivision, as presented in the Staff Report for the hearing date of December 20, 2007 and continued from October 4, 2007, subject to the Findings of Fact listed in Exhibit D and subject to Belhaven Subdivision AZ -07-011 & PP -07-016 PAGE 1 CITY OF MERIDIAN PLANNING DEPAIDENT STAFF REPORT FOR THE HEARING DA&F FEBRUARY 19, 2008 the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on October 4. 2007 and December 20, 2007. At the public hearing the Commission moved to recommend approval of the subiect AZ and PP request. a. Summary of Commission Public Hearing: i. In favor: Shawn Nickel (Applicant's Reuresentative) ii. In opposition: None iii. Commenting: Paul. Poorman iv. Written testimony: None Y. Staff presenting application: Bill Parsons A Other staff commenting on application: Caleb Hood. Scott Steckline, Ted Baird b. Key Issue(s) of Discussion by Commission: i. The perimeter fencing for the development. ii. Mitigation for the existing mature trees on the site. iii. Stubbing City Services to the Poorman property. iv. Removal of the existing septic tank drain field on the subject site and relocating the drain field on the Poorman's property. V. The location of the required trees outside the Settler's Canal Easement. Vi. Compatibility and connectivity with the Volterra Subdivision to the north. c. Key Commission Change(s) to Staff Recommendation: L Modified Condition 1.2.2 to require that if four mature (existing) trees are not retained on each lot, the developer will mitigate those four trees with six 2" caliper trees. d. Outstanding Issue(s) for City Council: L None known. IL L In ayor:. Shawn Nickel (Applicant's Representative) L In opposition: None moi', Commenting: Gale Poormaa "v Written testimony: None Y. Staff presenting application: Anna Canning AL Other staff commenting on annGcation: None L Key Issues of Discussion by Council: Alignment of the 5 -foot sidewalk with the Volterra Subdivision along Black Cat Road, L Alignment of the stub street with the Volterra Subdivision to the north. r. Key Conneil Changes to Staff/Commission Recommendation L No= 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 07 -011 and PP -07-016 as presented in the staff report for the hearing date of February 19, 2008 with the following modifications to the conditions of approval: (Add any proposed modifications.) Belhaven Subdivision AZ -07-011 & P•P-07-016 PAGE 2 CITY OF MERIDIAN PLANNING DEPA10ENT STAFF REPORT FOR THE HEARING DA&F FEBRUARY 19, 2008 Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -07- 011 and PP -07-016 as presented during the hearing on February 19, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ -07-011 and PP -07-016 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 5230 N. Black Cat Road SW % of Section 27, TAN., R.1 W. b. Applicant: Pole Creek Properties, Inc. P.O. Box 190073 Boise, ID 83719 c. Owner: Ryan Arnold and Don Roberts P.O. Box 190073 Boise, ID 83719 d. Representative: Shawn Nickel, SLN Planning, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation. Medium Density Residential g. Description of Applicant's Request: The applicant has applied for Annexation and Zoning (AZ) of 6.84 acres from the RUT (Ada County) to the R-4 (Medium low-density residential) zoning district and Preliminary Plat (PP) approval of 16 single-family residential building lots and 5 common lots on 6.84 acres for Belhaven Subdivision. The applicant is proposing to set aside 0.80 of an acre; or 11.7% of the site for common open space, with 10% of usable open space. The proposed gross density for the subdivision is 2.34 dwelling units per acre with a net density of 3.99 dwelling units per acre. 1. Preliminary Plat, labeled Sheet P-1, prepared by Treasure Valley Engineers, dated g187-11 /07 (New plat inserted in the staff report). (attached in Exhibit A) 2. Landscape Plan, labeled Sheet LP 1 A, prepared by Treasure Valley Engineers, dated WI -1 1/07 (New landscape plan inserted in the staff report). (attached in Exhibit A) h. Applicant's Statement/Justification: The applicant is requesting approval to annex and zone the subject property to the R-4 zone and plat the property with 16 single-family residential building lots and 5 common area lots. The proposed net density is 3.99 dwelling units per acre with a gross density of 2.34 dwelling units per acre. The applicant is proposing 0.80 of an acre or 11.7% of the site for common open space with 10% of usable open space. The proposed density is in compliance with the intent of the current Comprehensive Plan Future Land Use Belhaven Subdivision AZ -07-0.11 & PP=07-016 PAGE 3 CITY OF MERIDIAN PLANNING DEPAENT STAFF REPORT FOR THE HEARING DAF FEBRUARY 19, 2008 Map, which designates this area as Medium Density Residential. Belhaven Subdivision will be a quality and compatible addition to this area of Meridian. The development is adjacent to similar residential developments, and the requested zoning to R4 is in compliance with the City's Comprehensive Plan and will benefit the public interest by providing a mix of desirable housing needs to this area of the City while allowing for the continued improvement and expansion of city services and an increase in the City's tax base. 5, PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. c. Newspaper notifications published on: September 17, 2007 and October 1, 2007 (Planning and Zoning Commission); January 28, 2008 and February 11, 2008 (City Council) d. Radius notices mailed to properties within 300 feet on: September 7, 2007 (Planning and Zoning Commission); January 25, 2008 e. Applicant posted notice on site by: September 25, 2007 (Planning and Zoning Commission); February 9. 2008 (City Council) 6. LAND USE a. Existing Land Use(s): Commercial tree farm is currently on the site. The existing residential was separated by property boundary adjustment approved by Ada County. b. Description of Character of Surrounding Area: Single-family rural residential uses with associated agricultural/pasture land. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Agricultural land (proposed Volterra Sub.), zoned R-4 2. East: Agricultural land (proposed Volterra Sub.), zoned R-4 3. South: Single-family rural residential homes and land, zoned RUT (Ada County) 4. West: Single-family rural residential home/agricultural land, zoned RUT (Ada County) d. History of Previous Actions: A property line adjustment was recently approved for this property in Ada County, recorded on January 31, 2007 as Record of Survey No. 7768. A preliminary plat and annexation request was withdrawn earlier this year. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property is currently not severable. This property will sewer to the future North Black Cat Trunk. Location of water: There currently is no water service to this property. This property will ultimately get water service from mains installed in Black Cat Road. Issues or concerns: 1.) None. This pr-epeFty is eoffeady not sewer -able. T Belhaven Subdivision AZ -07-01 l & PP -07-016 PAGE 4 CITY OF MERIDIAN PLANNING DEPAIENT STAFF REPORT FOR THE HEARING DA&F FEBRUARY 19, 2008 property is in the North Bleek- designed to sennigev- tt�—is , it The trank to be installed in Cat Shed. A mgienei fift station is being is planned to be eeiasfFueted by Apr4- 2008-. Bleek Cat tMt would4low to this UA stWen is net funded at this time and is drWen. 2.4 The plot deplets an ear -rev* beiBg planned to be dffelepmen easement for- the SetfleFls Canal alefag noAhem side of this pr-epeFty-, reader peMens of the indMdual wkhout an eneFesehment agreement it win lots unusable to the W owners. 2. Vegetation: There are many existing trees that are part of the tree farm that are to be removed and transplanted off-site. Other trees, around the existing house at the southwest corner of the property, will be removed and replanted, per the landscape plan. 3. Floodplain: NA 4. Canals/Ditches/Irrigation: The Settlers Canal exists along the north and east boundaries of the subdivision and meanders between the subject property and the approved Volterra Subdivision to the north. Per city code both properties are required to tile the portion of the canal that is within their property, but for all practical purposes the property that plats first will be required to tile the ditch. All ditches, laterals and canals on this property shall be tiled per city code. See Exhibit B below. 5. Hazards: None known 6. Proposed Zoning: R-4 7. Size of Property: 6.84 acres f. Subdivision Plat Information: 1. Residential Lots: 16 2. Non-residential Lots: 0 3. Total Building Lots: 16 4. Common Lots: 5 5. Other Lots: 0 6. Total Lots: 21 7. Open Lots: 0 8. Residential Area: 6.84 acres 9. Gross Density: 2.34 units per acre (Net density: 3.99 units per acre) 10. Lot Sizes: Lot sizes range from &#W 8.096 square feet (or 0.20 of an acre) to 3.4,454 14,719 square feet (or 0.34 of an acre). g. Landscaping: 1. Width of street buffer(s): A 25 -foot wide buffer is required along N. Black Cat Road. Landscaping shall be provided in accordance with UDC 11-3B-7, Landscape Buffers Along Streets. 2. Width of buffers) between land uses: N/A 3. Percentage of site as open space: 11.7% or 0:80 of an acre (10% usable open space) 4. Other landscaping standards: Landscaping must be provided within the common area Belhaven Subdivision AZ -07-0.11 & PP -07-016 PAGE 5 CITY OF MERIDIAN PLANNING DEPAIENT STAFF REPORT FOR THE HEARING DAF FEBRUARY 19, 2008 lots in accordance with UDC 11-3G, Common Open Space and Site Amenity Requirements. h. Proposed and Required Residential Setbacks: As per the R-4 zone for single family dwellings. Minimum Dimensional Standards (in feet unless otherwise noted) Front living area setback (from back of sidewalk) Side accessed garage setback (from back of sidewalk) Front accessed garage setback (from back of sidewalk) Side setback Rear setback Frontage (detached, with garage facing street) Frontage (cul-de-sac or at approx. a 90° angle) Minimum property size Maximum building height Minimum living area (detached) Minimum ground floor area for multi -story units Proposed Required 15 15 15 15 20 20 5 5 15 15 60 60 30 30 8,000 (s.f.) 8,000 (s.f.) 35 35 1,400 (s.f.) 1,400 (s.f.) 800 (s.f.) 800 (s.f.) (No changes to the dimensional standards in UDC Table 11-2A-5 were requested or approved with this application) i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this development will be provided from a public street to/from N. Black Cat Road, a minor arterial roadway. Internal public streets are proposed with 36 -foot wide street sections within 50 feet of right-of-way with curb, gutter and 5 -foot wide attached concrete sidewalk; with the exception of E. New Haven Street. For New Haven Street, the applicant is proposing a 40 foot right-of-way to be dedicated to ACRD. Within this right-of-way curb, gutter, sidewalk, and two travel lanes will be constructed. Any future development to the south of the subject site will be responsible for constructing the additional 10 feet of road improvements. One stub street for future connectivity is provided at the north boundary from N. Fir Haven Avenue to Volterra Subdivision. City Staff and ACRD are supportive of the proposed access point to the subdivision from N. Black Cat Road and the stub street being proposed to Volterra Subdivision to the north. Please see the conditions listed in Exhibit B of the staff report for further details. Direct lot access to N. Black Cat Road is prohibited except for the public street access approved with this subdivision. 7. COMMENTS MEETING On September 14, 2007, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential' on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight Belhaven Subdivision AZ -0741 l & PP -07-016 PAGE 6 CITY OF MERIDIAN PLANNING DEPAIWNT STAFF REPORT FOR THE HEARING DASF FEBRUARY 19, 2008 dwelling units per acre (see Page 99 of the Comprehensive Plan). The proposed Prelim. maty Plat includes 16 single-family residential building lots on 6.84 acres for a net density of 3.99 dwelling units/acre. The proposed density is within the anticipated density of the Comprehensive Plan for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner. ➢ Sanitary sewer and water service will be extended to the project at the developer's expense. ➢ The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. ➢ The subject lands currently lie within the jurisdiction of the Ada County Sheriffs Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (AChD). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. ➢ The'subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the proposed development is compatible with the existing residential and agricultural uses that surround the property. • Chapter VII, Goal I, Objective C, Action 4 - Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. Landscaping is proposed and will be provided on the site in accordance with UDC 11-3B and UDC 11-3A-7 as shown on the landscape plan submitted with the application. Staff believes additional trees should be planted within those common lots that are not encumbered by the irrigation easement (see Analysis below). Signage for the subdivision should comply with UDC 11-3D and will require separate sign permit approval. Staff is requesting the applicant to clarify, at the public hearing, if any fencing is proposed around this site. • Chapter VII, Goal IV, Objective D, Action 2 — Restrict curb cuts and access points on collectors and arterial streets. Belhaven Subdivision AZ -07-011 & PP -07-016 PAGE 7 • 0 of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim, action or requirement. L In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associates! with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. g. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, orprohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. h. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, not perform any construction or activity within the District's easement for the Five Mile Drain except as referred to in this agreement or exhibits thereto without the prior written consent of the District. i. Licensee acknowledges and confirms that the District's easement for the Five Mile Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Five Mile Drain, and to access the Five Mile Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the centerline. j. Construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Page 7 t I ��,.,"iFF r �,�� � `,. _ \. ,_.\ ..,�..25'x;5•^..%xr�/\;n�,.'�...��� 1 7%, h • Iv i g=bm: ns�0T(�_.r,S u4 1'I.\�,X$'\I�x`�'Yh,n:ih•I4� the ' I, mm W_ M— Cel 1 "BLDG1t 7 p MOA NO. S.SDW ON R-. ZONE Q ., t 0 ;' -- -4 - i niw I I I I i , 11,ji(i _ CITY OF MERIDIAN CMI. SURVEY CONSULTANTS, INC. I��, C:ONSUL:ING SNC(NEERS AND LAND SUAj'EyOASca "j 1NA7ER DIVISION - PHASE 2 1.00 L •.NNim,tl II. SITE PLAN y � •� ; - lL Exhibit D-1 I CITY OF MERIDIAN PLANNING DEPAISENT STAFF REPORT FOR THE HEARING DA&F FEBRUARY 19, 2008 The applicant is proposing one public street access to N. Black Cat Road, a minor arterial roadway. No driveways or other access is proposed. Other than the public street access shown on the plat, access to N. Black Cat Road will be prohibited. • Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Existing fencing is shown on the landscape plan, however prior to construction of any buildings, fencing should be constructed around the perimeter of this site If no fencing is proposed than temporary will be required to contain debris on site. (Note: Fencing is required to be constructed along the north & east boundaries with Volterra Subdivision) Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-4 medium low-density zoning designation. The applicant is proposing single-family detached homes on lots ranging from 8,077 14,4:54 8.096-14.719 square feet in size, which Staff believes will provide the City with a variety of housing opportunities. Staff finds that the requested zoning designation is consistent with the Comprehensive Plan designation for this site. • Chapter VII, Goal IV, Objective C, Action 3 - Require usable open space to be incorporated into new residential subdivision plats. The applicant is providing 10% usable open space within the development. • Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. One stub street is proposed at the north boundary. Staff believes that the proposed stub streets provide good connectivity to the approved Volterra Subdivision to the north. Future connectivity from developments to the south will be along E. New Haven Street. Any future development will be responsible for the 10 feet of road improvements at the point the development stubs to Belhaven Subdivision. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as principal permitted uses in the R-4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation Belhaven Subdivision AZ -07-011 & PP -07-016 PAGE 8 CITY OF MERIDIAN PLANNING DEPA&NT STAFF REPORT FOR THE HEARING DA&F FEBRUARY 19, 2008 ANNEXATION AND ZONING ANALYSIS: Based on the policies .and goals contained in the Comprehensive Plan, Staff believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared on December 15, 2006, by David Sanford Short, Jr., PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Out Parcel: There is a 1 -acre out parcel (Parcel #SO427325825) located at the southwest corner of this site, owned by Paul & Gayle Poorman. This parcel was legally created through a one acre division in Ada County prior to the adoption of the Meridian City Code in 1984. A property boundary adjustment was recently approved by Ada County (ROS No. 7768) that enlarged the property to 1.45 +/- acres. Elevations: The applicant submitted elevations for the subject project. Staff likes the appearance of the two elevations shown in Exhibit A. The features that staff approves of are the gable rooflines facing the street, shutters, substantial pillars with substantial bases accented with brick/stone, and covered porch areas. The applicant should construct homes on the site that contain the above-mentioned design features. Staff is including a Development Agreement requirement that the applicant include these design features in future homes built in this subdivision. Further, building materials for the future homes include wood lap siding and/or stucco with rock/stone accents along the front fagade. As mentioned above, two conceptual elevations were submitted at the time of application submittal. Staff believes two additional elevations and product types are necessary to add to the diversity of housing mix in the proposed development. Said elevations should be presented during the public hearing. Development Agreement: UDC 11 -5B -3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property develops consistent with the conditions of approval. If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 8884433 within 6 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • The developer should construct homes on the site that are in substantial compliance with the elevations submitted with this annexation application (AZ -07-011), and on file with the City Clerk's Office. The applicant should construct homes on the site that contain the following design features: gable rooflines facing the street, shutters, substantial pillars with substantial bases accented with brick/stone, and covered porch areas. • A minimum of four single-family building types shall be submitted to allow for a diverse mix of floor plans and elevation variety within the proposed development. PRELEVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed single-family residential Belhaven Subdivision AZ -07-011 & PP -07-016 PAGE 9 CITY OF MERIDIAN PLANNING DEPAANT STAFF REPORT FOR THE HEARING DA'617 FEBRUARY 19, 2008 development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the R4 zone per UDC Table 11-2A-5: All proposed lots meet the dimensional requirements of the R-4 zone for property size and street frontage. Lot sizes range from 8,096 square feet (or 9:4-10.20 of an acre) to 14,4-54 14,719 square feet (or 94.3-3 0.34 of an acre). All lots shall meet the minimum setback & maximum building height requirements stated in UDC 11-2A-5 and #6h above. Settlers Canal: There is a 30 -foot wide irrigation easement that runs along the north and east boundaries of the subject development. This easement is for the Settlers Canal. This area will be used as open space with a 5' pathway adjacent to the canal. The applicant is proposing to sod this area. easements.south side of the eemmen let; eutside of the Settlers Canal After reviewing the revised Preliminary Plat, Staff recommends that additional trees be planted within common Lot 5, Block 1 located on the eastern side of Lot 4, Block 1 and on the northern side of Lot 6, Block 1, outside of the Settler's Canal easement. The applicant will be responsible for installing a minimum of two trees within the Lots 2-11, Block 1 and Lots 1-5, Block 3, adjacent to the Settler's Canal easement and the pathway, as proposed. Trees shall be planted in accordance with UDC 11- 3B-12. Further, a License Agreement should be entered into between the developer and the irrigation district allowing the pathway to be placed in a common lot; said pathway shall be maintained by the Homeowners' Association and the trees shall be maintained by the lot owner. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. NOTE. A condition of approval for Volterra Subdivision was tiling of the Settlers CanaL However, the first applicandowner to submit a final plat application to the City for property adjacent to the Canal shall be responsible for the tiling. Landscaping: The landscape plan submitted for this project, prepared by Treasure Valley Engineers, labeled Sheet LP 1.0, dated 8/9712/07 shall be modified as follows: • Perimeter fencing type and details should be shown on the plan for final plat review; please revise plan accordingly. Per- UDG 11 3B 10, the appliseat shad weA with the Gity ,. ke pla Th. subject site is an existing: tree farm with a Iarge number of mature trees. The UDC requires any tree over 4 inches in caliper to be mitigated for. Due to the large number and caliper of trees on this site, Staff believes it would be a hardship for the developer to mitigatefor all of the existing trees. The applicant is willing to relocate some of these trees on the site wherever possible. Several of the trees are to remain on common Lot 4. Block 2. Staff believes this would provide a good location for a picnic area for future residents of the subdivision. Due to the location of the mature on the site in relation to the proposed lots, Staff believes the applicant should retain a minimum of 4 mature trees on Lots 1-3. Block 2 and Lots 14. Block 1 as well. If theses changes are made, Staff is supportive of the applicant's request. Belhaven Subdivision AZ -07-011 & PP -07-016 PAGE 10 CITY OF MERIDIAN PLANNING DEPAISENT STAFF REPORT FOR THE HEARING DAIKF FEBRUARY 19, 2008 • Additional trees with a minimum 2 inch caliper should be planted on the south side of the micro path on Lot 5. Block I located on the .east side of Lot 4. Block. 1 and north of Lot 6. Block I (located outside the drainage easement). Pathway landscaping should be in accordance with UDC 11-3B- 12. • The proposed 95 feet of pathway between lots. 4 and 5 of Block 3 should be have a minimum 5 foot wide landscape strip with deciduous trees planted every 35 linear feet. Landscaping should be done in accordance with UDC 11 -3B -12C. • A written certificate of completion should be prepared by the landscape architect, designer., or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Common Areas/Open Space: The applicant has provided 0.68 of an acre (10%) of landscaped usable open space, meeting the 10% minunum required by UDC 11 -3G -3A-1. Staff believes the applicant should shorten the length of the proposed cul-de-sac to the west and incorporate more open space within the development. Said cul-de-sac shall still provide enough street frontage for the adjacent lots. If this change is made, Staff finds that it meets the qualifications for open space per UDC 11-3G-3. Maintenance of all common areas shall be the responsibility of the Belhaven Subdivision Homeowners Association. Drainage: A seepage bed for stormwater drainage is shown on Let 4, Bleak 2 Lot 5, Block 2. No trees shall be planted over the seepage beds. All storm drainage facilities shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. Proposed Streets and/or Access: One access point from N. Black Cat Road is proposed to this subdivision. Internal public streets are proposed with 36 -foot wide street sections within 50 feet of right-of-way with curb, gutter and 5 -foot wide attached concrete sidewalk, with the exception of E. New Haven Street. The applicant is proposing a 40 foot right-of-way for New Haven Street. Any future development to the south of the subject site will be responsible for constructing the additional 10 feet of road improvements. One stub street for future connectivity should be provided at the south boundary, from N. Sun Haven Avenue and one stub street should be provided at the north boundary, from N. Fir Haven Avenue, as proposed. Except for E. Spring Haven Street, access to N. Black Cat Road is prohibited. Staff is supportive of the proposed access point to the subdivision and the number of stub streets provided to adjacent parcels for future connectivity. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 Belhaven Subdivision AZ -07-011 & PP -07-016 PAGE I 1 CITY OF MERIDIAN PLANNING DEPARQENT STAFF REPORT FOR THE HEARING DAAF FEBRUARY 19, 2008 and MCC 9-1-28. Fencing: As part of the approval. for Volterra Subdivision, perimeter fencing along the north and east boundaries of the subject site was proposed. Existing fencing is shown on the landscape plan however; fencing is not being proposed with this application. Staff is requesting the applicant to clarify, at the public hearing, if any fencing is proposed around this site. If fencing is not installed, the applicant should be responsible for installing the perimeter fencing around the entire property. The applicant is currently working with ACHD to allow fencing along the southern boundary within ACHD's right- of-way. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. All perimeter fencing must be installed prior to issuance of building permits. If permanent perimeter fencing is not installed, temporary construction fencing should be installed prior to issuance of building permits for the subdivision. Fencing should taper down to a 3 foot maximum within 20 feet of all rights- of-way. All fencing shall be installed in accordance with UDC 11-3A-7. b. Staff Recommendation: Based on the above analysis, Staff finds that applications AZ -07-011 and PP -07-016 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of AZ -07-011 and PP -07-016 for Belhaven Subdivision, as presented in the Staff Report for the hearing date of December 20, 2007 and continued from -October 4, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on October 4. 2007 and December 20.. 2007. At the public hearing the Commission moved to recommend approval of the subiect AZ and PP request. The Meridian City Council heard these items on February 19- 2008. At the public hearin the Coved the subject AZ. and PP request. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat, prepared by Treasure Valley Engineers, labeled Sheet P-1, dated 8/A7-11/07 (New plat inserted in. the staff report). 3. Landscape Plan, prepared by Treasure Valley Engineers, labeled Sheet LP 1.0, dated 8/07-12/07 (New landscape elan inserted in the staff report). 4. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settlers' Irrigation District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Belhaven Subdivision AZ -07-011 & PP -07-016 PAGE 12 CITY OF M ERMIAN PLANNING DEPAONT STAFF REPORT FOR THE HEARING DA'*F FEBRUARY 19, 2008 A. Drawings 1. Vicinity Map SCALE 1: 600 soo o aoo oii i i FEEr Exhibit A CITY OF MERIDIAN PLANNING DEPARWT STAFF REPORT FOR THE HEARING DAOF FEBRUARY 19, 2008 2. Preliminary Plat Exhibit A — g — 0K¢0 clam 7109 sum= NM S3U.H3d0Md XMM3 3104 NOISIA108,IS N11AVM188 is aA e� 19giffi � ��s1i.a�i � : iti�saj .e �1'ss9•a `i`11r iIt• �.• I m .....r60 a®a.8ua1� � al•: eMo•• fllf II III'II!�i';IIlllfllsl � Yana% 41 S 60 ea• 0dL-04 to t f 1 _ 1 I 1 1 1 I 1 1 q dAUWASM li. t f 1 _ 1 I 1 1 1 I 1 1 q dAUWASM CITY OF MERIDIAN PLANNING DEPART STAFF REPORT FOR THE BEARING DATO FEBRUARY 19, 2008 3. Landscape Plan ime va Mnd 3dVMoW4I S3UM3aoud )133HO 310d_W 1401S1AtOgnS WAVWW8 t 111111 ;m anal! 10111 adee4u,t----=4 � •g �i�� � B�B� ISI � �` ,s ill _ up-11111do'll Exhibit A w ::) �d � Svri�88 C3 v ���`� 1 1 a � LLJ .rn o a Q 1 c�3 m a ✓� Exhibit A DATE Of FEB 19, 2008 E }{FARING DEPARTMENT STAFF PY-PORT FOR THCITY OF MER[D[AN PLANNING 4. Elevations 9 Exhibit A C2 CITY OF MERIDIAN PLANNING DEP)&ENT STAFF REPORT FOR THE HEARING AOF FEBRUARY 19, 2008 Exhibit A Q7j 0: ow & ca c: r= O -4) > -.0 4 .0 U -i Exhibit A Q7j CITY OF MERIDIAN PLANNING DEPAT STAFF REPORT FOR THE HEARING DA* FEBRUARY 19, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on December 15, 2006, by David Sanford Short, Jr., PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to the annexation ordinance approval, a Development Agreement shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following information: The developer should construct homes on the site that are in substantial compliance with the elevations submitted with this annexation application (AZ -07-01 1). The applicant shall construct homes on the site that contain the following design features: gable rooflines facing the street, shutters, substantial pillars with substantial bases accented with brick/stone, and covered porch areas. The applicant shall construct homes on the site that contain the following building materials: wood lap siding and/or stucco with rock/stone accents along the front facade. • A minimum of four single-family building types shall be submitted to allow for a diverse mix of floor plans and elevation variety within the proposed development. 1.2 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet P-1, prepared by Treasure Valley Engineers, dated 9197 11/07, is approved with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ -07-011) and the development agreement for this site shall also be considered conditions of the Preliminary Plat (PP -07-016). 1.2.2 The landscape plan prepared by Treasure Val -ley Engineers on 9/87 12/07, and labeled Sheet LP 1.0 shall be modified as follows: Perimeter fencing type and details shall be submitted during final plat review; please revise plan accordingly. sh" be in siaeonLawee with UDG 11 3B 12. Additional trees with a minimum 2 inch caliper shall be planted on the south side of the pathway on.Lot 5. Block 1 located on the east side of Lot 4. Block 1 and north of Lot 6. Block 1(located outside the drainage easement). In addition, the applicant shall install a minimum of two trees within the 5 feet of Lots 2-11. Block 1 and Lots 1-5. Block 3. adjacent to the Settler's Canal easement and the pathway. as proposed. Each proRertv owner of said lots shall be responsible for maintaining a. minimum of two trees within 5 feetof the northern REgRejV boundary of those lots adjacent to the Settlers Canal easement. Pathway landscaping shall be in accordance with UDC 11-3B-12. Exhibit B CITY OF MERIDIAN PLANNING DEPAIDENT STAFF REPORT FOR THE HEARING DA&F FEBRUARY 19, 2008 The proposed. 95 feet of pathway between lots 4 and 5 of Block 3 shall be have a minimum of 5 foot wide landscape strip with deciduous trees planted every 35 linear feet Landscaping shall be done in accordance with UDC 11 -3B -12C. The applicant shall retain a minimum of 4 mature trees on Lots 1-3. Block 2 and Lots 1-4 Block 1. maintain the existing trees on Lot 4 Block 2 as proposed and add a picnic area to said lot. If four mature trees are not retained on the lots noted abom the applicant shall plant a minimum of six 2" caliper trees for each of the four mature trees removed from said lots. Per UDC 11-313-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site that are not part of the tree farm. Submit a letter (plan) prepared by the City Arborist with the final plat application. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3131-14. Where the Applicant has submitted a preliminary landscape plan, and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. The preceding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.2.4 Prior to signature of the final plat by the City Engineer, the applicant shall submit a signed license agreement with Settlers Irrigation District which allows the construction and use of a micropath on the north and east sides of this plat. 1.2.5 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. Either permanent perimeter fencing or temporary construction fencing shall be installed prior to issuance of building permits for the subdivision. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way. All fencing shall be installed in accordance with UDC 11-3A-7. 1.2.6 Maintenance of all common areas shall be the responsibility of the Belhaven Subdivision Homeowners Association. 1.2.7 Except for E. Spring Haven Street, access to N. Black Cat Road is prohibited; a note shall be added to the face of the final plat. 1.2.8 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.3 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. Exhibit B CITY OF MERIDIAN PLANNING DEPAIMENT STAFF REPORT FOR THE HEARING DA F FEBRUARY 19, 2008 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 Staffs failure to cite specific ordinance provisions or terms of the approved annexation does not relieve the applicant of responsibility for compliance. 1.3.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned to be in Black Cat Road. The applicant shall be responsible for constructing sewer main along the projects frontage .The City of Meridian does not guarantee sewer service in the timelines outlined in the UDC. 2.2 No interim or temporary lift stations shall be allowed on this property. 2.3 Water service to this site is being proposed via extension of mains planned in Black Cat Road. At this time these mains do not exist and the City of Meridian is not currently planning to install these mains. The City of Meridian held a meeting on 9/24/2007 with the surrounding property owners to discuss the possibility of forming a partnership to construct a 12 inch water main in the N Black Cat Road in conjunction with the N Black Cat Sewer project. The City of Meridian does not guarantee water service in the timelines outlined in the UDC 2.4 The applicant shall install sewer and water mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.5 The Applicant. will be responsible to install water and sewer service stubs to 5230 N Black Road. 2.6 The applicant shall comply with the Department of Environmental Qualities Best Management Practice with calls for 20 -feet of separation between an infiltration trench and any building foundation. If necessary a special setback shall be depicted on the final plat. 2.7 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 Exhibit B CITY OF MERIDIAN PLANNING DEPAOENT STAFF REPORT FOR THE HEARING DAOF FEBRUARY 19, 2008 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.8 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of the public right of way (include all water services and hydrants). 2.9 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (LDDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.11 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.14 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.13 Per UDC 11-3A=6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.14 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air -testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.16 All development improvements, including but not limited to sewer, fencing, micro -paths, Exhibit B CITY OF MERIDIAN PLANNING DEPARENT STAFF REPORT FOR THE HEARING DA*OF FEBRUARY 19, 2008 pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public; Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.18 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minirnum of 3 -feet above the highest established peal-, groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes i, at least 1 -foot above. 2.24 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two -hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire lx;oject. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. Exhibit B CITY OF MERIDIAN PLANNING DEPAR&T STAFF REPORT FOR THE HEARING DA F FEBRUARY 19, 2008 3.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.5 All entrance and internal roads and alley,; shall have a turning radius of 28' inside and 48' outside radius. 3.6 Operational fire hydrants, temporary or p(.mnanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The roadways shall be built to ACHD standards cross section requirements and shall have clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than a 33' shall have parking only on one side. These measurements shall be based on back of curb. The roadway shall be able to accommodate an imposed load of 75,00 GVW. 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where requm:d by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3..1.2 the distance requirement shall be; 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped tbroughoi;,t with an approved automatic sprinkler system installed in accordance with Section 903.3..1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 Contact the Police Department regarding the fencing along the Settler's Canal. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Dedicate 23 additional feet of right-of-way, to total 48 -feet, from the centerline of Black Cat Road abutting the parcel. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance cif a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 7.1.2 Construct a 5 -foot wide concrete sidewall: located 41 -feet from the centerline of Black Cat Road along the entire site frontage. Exhibit B CITY OF MERIDIAN PLANNING DEPANkENT STAFF REPORT FOR THE HEARING DA90F FEBRUARY 19, 2008 7.1.3 Locate one entry road on Black Cat Road approximately 125 -feet north of the southwest property line (measured property line to centerline) 7.1:4 Construct the entry road as a standard 36 -foot street section within 50 -feet of right-of-way complete with curb, gutter and 5 -foot wide attached concrete sidewalk. 7.1.5 Construct the internal roadways as 36 -foot street sections within 50 -feet of right-of-way complete with curb, gutter and 5 -foot attached concrete sidewalks. 7.1.6 Construct a stub street to the north, North Fir Haven Avenue, located approximately 385 -feet west of the northeast property line (memvred property line to centerline). This stub street shall align with and connect to a previously approved stub street within Volterra Subdivision to the north of this site. The actual alignment of these stub streets is required (measured centerline to centerline). 7.1.7 Construct E. New Haven Street as a half section within 40 -feet of dedicated right-of-way consisting of 24 -feet pavement, with cwb, gutter and 5 -foot attached side walk on the north side, and a minimum 3 -foot gravel shoulder/drainage swale on the south side. Allow for connection of this section with future stub streets to the south. 7.1.8 Construct a stub street to the south, Sun, Haven Avenue, located approximately 25 -feet west of the southeast property line (measured property line to centerline). A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE. 7.1.9 Black Cat Road is classified as an arterial roadway: all access points to Black Cat Road will be closed except the access specifically approved with this application: direct lot access to Black Cat Road is prohibited and should be noted on the final plat. 7.10 Comply with all Standard Conditions ot'Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be: relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify rill improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Exhibit 8 CITY OF MERIDIAN PLANNING DEPAIRENT STAFF REPORT FOR THE HEARING DA9F FEBRUARY 19, 2008 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees :is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD fight -of -way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate, entities is submitted, we can approve this proposal for central sewage and central water. 8.2 Central sewage and central water plans must be submitted to and approved by the Idaho Department of Environmental Quality. 8.3 Run-off is not to create a mosquito breeding problem. 9. SETTLERS' IRRIGATION DISTRICT 9.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. Contact SID for any additional requirements. 9.2 A Land Use Change Application must bo on file prior to any approvals. 9.3 A license agreement MOIST be signed and recorded prior to construction of any SID facilities, or within its easements. 9.4 Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settler..' Irrigation District's Board of Directors. 9.5 All storm drainage must be retained on-s:Ie. 9.6 A pressure irrigation system must be proaided to service all lots with irrigation water. Exhibit B CITY OF MERIDIAN PLANNING DEPAIWNT STAFF REPORT FOR THE HEARING DA&F FEBRUARY 19, 2008 C. Legal Description & Exhibit Map Exhibit B CITY OF MERIDIAN PLANNING DEPAANT STAFF REPORT FOR THE HEARING DAOF FEBRUARY 19, 2008 4��.1TOIV; IrcrZ?i:?� Peld$ieett lag MCI6t BetlfietiCe bplloepdaryl�7 '�A:::..: Ahead'belP�;g?!�'�?m%Nilofz1je54/Yof.BomG�e:71:`fow�Np 4'Noite;,�ipm&e.l R'4n:'J� , t �Y.�uCao4FYi?deDii,ma�•_�t�rb`da�ed`a�Ilb COI�IIid�i�lG:csa.•�fod•Iagzri�R:o:t6sEs!•Eap�?:gR?�d,27: �est�oo�i+t�t�roof'�ai�h�6e:tilt#�r�e�oaola�sw�oPsep�loa�.a�'e�6umoof tsssis 7Um9ec Nam.00?3F'19"'ItaaGpatith%oftLBiswatffi%bfdm:9ald:S�k�G.of$eedan'rl: a�afeaaeiif3SS39 faa� 7S�iB4"94'35q'J3�'265:73 t�tdstbe�=li::iebsUhd;aii� �:i�^a2 <9":ea� axt,sa�sm.��,md•sso- •a�,; 71M{i69'94°.t4'3498mq, 7.9SB:fi6tt4$•fmma'!5+'�Lei16o+®q 'Aiid�•So3>b•30gSlf'SF�#t$9:t6•f�tm'e3amulSli• .mbmindire� 7Limbe�3tat>i'$!�!'J[gEt�,.@9687 fi�fi 3oD�it]°4.dh8'�8s1'206i71R6ito�•6�ood'i�''aebadda eqP.�mda4alhWm'C�'{1!'9N$ofQro'3W''�G6Y. iim�roei�re+ sari �� way ids �±�::Uoa afe b��N� o£�sai.� oxo rt. a o�toa7�'sA� moo N� aG°77�47"�+i::l'3�3S�C 7Ned6ti4d°'t"N'mr�'�a ?L�e�ta.�'sy?ba+ls" �=2Q6�Yd ZA�t to 0o-PD8�P o� itiL�a�9. 7�i�1 !�'d�aitied eo x.84 ion aotgc Pr t Togglhgr i}�:dn� 3iA►jeZtteeovm�,.:tioii 4,dfneoorik ?:a4iilalt► boo§l`•>t":t:>asP+a+tFedew:44�oc Aiz7�;®d,�etiaa5e.>�(ea�etrieaoi�99tt bi�.ij m�g:88sa�ms�sz eoa�otsa{a�seaioo• R * . _... ... _ ... .. .... -Ind Exhibit D AUIr252 AWi?MRi. t•5 F)E - CITY OF MERIDIAN PLANNING DEPARONT STAFF REPORT FOR THE HEARING DAOF FEBRUARY 19, 2008 i Exhibit D r <M� Bi ; M VEN S DBDM- SIQ.N RGAL .A voi oTr ,Ot+ Ijk D; 3/.2 9W 'A Cr 14E4"1IOR .17 TOSS- # NORllls Hif�it "..I '.Sl: 'HOI:U►N: ,ADA. 1,. T9%tFIC too 4 YWVW'JOI or to ASB A* tg,�r�ums9aUoj roasaam -71 CITY OF MERIDIAN PLANNING DEPARIONT STAFF REPORT FOR THE HEARING DA* FEBRUARY 19, 2008 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that single-family residential detached dwellings are allowed within the requested zoning district of R-4 as principal permitted uses. The accompanying plat demonstrates the development will provide for a range of housing opportunities with the variety of lot sizes proposed. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The City Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan, and this is a logical expansion of the City limits. In accordance with the findings listed above, The Commission finds that Annexation and Zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. The Commission supports the proposed density and Exhibit D CITY OF MERIDIAN PLANNING DEPART:4lCNT STAFF REPORT FOR THE HEARING DAT* FEBRUARY 19, 2008 proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic, or historic features on this site. Therefore, the City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D r 0 0 May 2, 2008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT ITEM NO. S -L REQUEST Approval of Task Order 0759 with Hydro Logic, Inc. for Ground Water Level Monitoring and Aquifer Testing for a Not to Exceed Amount of $26,500.00 Cat Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. -A TASK ORDER NO. 0759 CITY OF MERIDIAN (OWNER) AND HYDROLOGIC, INC. (HYDROGEOLOGIST) This Task Order is issued by Owner and accepted by the Hydrogeologist pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated February 18, 2008. CITY OF MERIDIAN GROUND WATER LEVEL MONITORING AND AQUIFER TESTING PURPOSE The Hydrogeologist's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Hydrogeological Consulting Services per the Consultant's proposal dated February 14. 2008. TASK 1.1 — CITY GROUND WATER LEVEL MONITORING AND AQUIFER TESTING Per the City's request, Hydrogeologist will measure, maintain, keep secure, document, plot, and report on the City's long-term ground water level monitoring network consisting of 27 tube wells. It is anticipated that one annual report of measured water levels will be compiled and submitted to the City by January 31't of the year following the year during which the monitoring was done. In other words, the annual monitoring period ends on December 31"t for each monitored year and the annual water level compilation to be prepared and submitted to the City shall be due by January 318t. The Owner will provide access to conduct the measurements. Hydrogeologist will make monthly visits (a loop) to all monitoring stations for purposes of measuring aquifer pressures in the City's monitoring network. Hydrogeologist will also inspect, repair, and secure as necessary the locking security enclosures using the Hydrogeologist's own locks. The Hydrogeologist, and not the City, is wholly responsible for maintaining a secure network of wells and to ensure that the above -ground aquifer pressures (flowing artesian wells) are contained and that the monitoring wells are not leaking. During the winter months, the Hydrogeologist will ensure that the flowing wells are pressurized so that the water levels in the wells are below ground to prevent freezing and subsequent cracking of the PVC monitoring wells. Hydrogeologist shall enter the measured water levels into a computer-based spreadsheet program for plotting and presentation to the City in an annual report. 0 • Because this is an on-going annual project for the City, three years of monitoring are anticipated under this task order based upon annual costs for the monitoring from past years. However, The Public Works Department reserves the right to divert a portion of the project funds for aquifer testing using the existing City ground water supply wells as pumping wells and the long-term designated monitoring network as observation points. In that scenario, project funds may be used to purchase and/or rent continuously - recording data -loggers for monitoring wells. Hydrogeologist will work closely with the City's Public Works Department. TIME OF COMPLETION Hydrogeologic services will be completed on an as needed basis and time of completion will be set as services are requested. COMPENSATION The Not -To -Exceed amount for this Task Order No. 0759 is twenty-six thousand five - hundred dollars ($26,500.00). The hourly rate for services and direct expenses is attached (Prevailing Fee Schedule Effective January 1, 2008) and by this reference made a part hereof. CITY OF MERIDIAN HYDROGEOLOGIST BY: TAMMY d ERD, MAYOR ED SQUIRES HYDROLOGIC, INC. Orr i� Attest: s 8i19AL - Joy e E� �. Nor..irari � �-,1� „w� �, �'�• Council Approval: — fill 111100 Approved as to Content BY:/zI Z KEITH7WATTS, PURCHASING AGENT Dated: Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green Date: 5/1/08 Re: May 6 City Council Meeting Agenda Item g FIVED City of V,�O-froi The Purchasing Department respectfully requests that the following item be placed on the May 6 City Council Consent Agenda for Council's consideration. Approval of Task Order 0759 with HydroLogic Inc for Ground Water Level Monitoring and Aquifer Testing. Recommended Council Action: Approval of Task Order 0759 for the Not -To - Exceed amount of $26,500.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 • Memo To: Keith Watts From: Kyle Radek CC: File Date: 4/29/08 Re: Task Order 0759 Attached is Task Order 0759 with Hydrologic for ground water level monitoring and aquifer testing. Thanks, 0 Page 1 TASK ORDER NO. 0769 CITY OF MERIDIAN (OWNER) AND HYDRO LOGIC, INC. (HYDROGEOLOGIST) This Task Order is issued by Owner and accepted by the Hydrogeologist pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated February 18, 2008. CITY OF MERIDIAN GROUND WATER LEVEL MONITORING AND AQUIFER TESTING PURPOSE The Hydrogeologist's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Hydrogeological Consulting Services per the Consultant's proposal dated February 14. 2008. TASK 1.1 — CITY GROUND WATER LEVEL MONITORING AND AQUIFER TESTING Per the City's request, Hydrogeologist will measure, maintain, keep secure, document, plot, and report on the City's long-term ground water level monitoring network consisting of 27 tube wells. It is anticipated that one annual report of measured water levels will be compiled and submitted to the City by January 31st of the year following the year during which the monitoring was done. In other words, the annual monitoring period ends on December 31st for each monitored year and the annual water level compilation to be prepared and submitted to the City shall be due by January 31st. The Owner will provide access to conduct the measurements. Hydrogeologist will make monthly visits (a loop) to all monitoring stations for purposes of measuring aquifer pressures in the City's monitoring network. Hydrogeologist will also inspect, repair, and secure as necessary the locking security enclosures using the Hydrogeologist's own locks. The Hydrogeologist, and not the City, is wholly responsible for maintaining a secure network of wells and to ensure that the above -ground aquifer pressures (flowing artesian wells) are contained and that the monitoring wells are not leaking. During the winter months, the Hydrogeologist will ensure that the flowing wells are pressurized so that the water levels in the wells are below ground to prevent freezing and subsequent cracking of the PVC monitoring wells. Hydrogeologist shall enter the measured water levels into a computer-based spreadsheet program for plotting and presentation to the City in an annual report. • 0 Because this is an on-going annual project for the City, three years of monitoring are anticipated under this task order based upon annual costs for the monitoring from past years. However, The Public Works Department reserves the right to divert a portion of the project funds for aquifer testing using the existing City ground water supply wells as pumping wells and the long-term designated monitoring network as observation points. In that scenario, project funds may be used to purchase and/or rent continuously - recording data -loggers for monitoring wells. Hydrogeologist will work closely with the City's Public Works Department. TIME OF COMPLETION Hydrogeologic services will be completed on an as needed basis and time of completion will- be set as services are requested. COMPENSATION The Not -To -Exceed amount for this Task Order No. 0759 is twenty-six thousand five - hundred dollars ($26,500.00). The hourly rate for services and direct expenses is attached (Prevailing Fee Schedule Effective January 1, 2008) and by this reference made a part hereof. CITY OF MERIDIAN TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK HYDROGEOLOGIST E J-7111 �, ED SQUIRES HYDRO LOGIC, INC. • 0 May 2, 2008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT ITEM NO. Jr -M REQUEST Approve Contract Amendment for Western Building Maintenance for Additional Cleaning at Parks Department for an Additiona $80.00 Per Month AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent �1 CC: Tara Green Date: 5/1/08 Re: May 6 City Council Meeting Agenda Item REcRwE-D MAY 3 � 2008 city '1"t1idia, pit, CleOfE., The Purchasing Department respectfully requests that the following item be placed on the May 6 City Council Consent Agenda for Council's consideration. Approval of Contract Amendment for Western Building Maintenance for Additional Cleaning at Parks Department. Recommended Council Action: Approval of Amendment to Western Building Maintenance for an additional $80.00 per month and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 CITY OF MERIDIAN CONTRACT AMENDMENT CONTRACTOR NAME: DEPARTMENT NAME: Western Building Maintenance City Council ADDRESS: ADDRESS: P O Bou 9408 33 E. Idaho Boils, ID 83707 Merman, ID 83642 CURRENT CONTRACT INFORMATION: Amendment Date: 4r22= Previous Amendments: 0 Current Contract Dates: START: 12/13/05 COMPLETION: onoalm Current Contract Amount (Inclusive of Previous Amendments to Date): $4826.00/month CHOOSE ONE AMENDMENT COLUMS BELOW, either "STANDARD AMENDMENT' or "AMENDMENT TO EXERCISE OPTION TO RENEW" and check off any applicable amendments under that column. STANDARD AMENDMENT AMENDMENT TO EXERCISE OPTION TO RENEW !Check a0 that Aoolvi (Check all that avcly] X Amendment to Contract Performance (Scope) _ Amendment to Contract Performance Amendment to Contract Dates _ Amendment to Contract Dates X Amendment to Contract Amount Amendment to Contract Amount _ Other (Explain) Other. (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation deieffing amendment): Increase restroom cleanings at Parks Department from 2 times per week to 5 times per week for and additional $80.00 per month. NEW CONTRACT INFORMATION: Amendment Dade:i4 2= New Contract Dates: START: 412=2008 COMPLETION: onadna Amount of Amendment Change $ 80 01NImonth Current Contract Amount (Inclusive of Previous Amendments to Date): 557.912.00 New Contract Total OO ALL OTHER TERMS AND CONDITIONS OF THE ORIGNAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY of MERIUM BY: J TAMMY de W , MAYOR Dated:. '!0 - Approved by Council: Attest: - SEAL JAYCE HOLMAN, CITY CLERk(' l T 113 -life f11110% �n Approved by City. sto Con BY: KEIT*IWATtS, PU ASING AGENT 0 May 2, 2008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT ITEM NO. 5-N REQUEST Approve Contract for McLeran Well Drilling for Well 14 Reconstruction for a Not to Exceed Amount of $106,790.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (PUBLIC WORKS OF IMPROVEMENT) THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 6t' day of May, 2008, 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 Idaho Avenue, Meridian, Idaho 83642, and McLeran Well Drilling , hereinafter referred to as "CONTRACTOR", whose business address is 5476 Sandhollow Rd. New Plymouth, ID 83655 and whose Public Works Contractor License # is C-16556 . INTRODUCTION Whereas, the City has a need for services involving Well # 14 Reconstruction ; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. Well #14 Reconstruction — page 1 of 14 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Time and Materials basis with a Not -To -Exceed total of $106,790.00 as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no 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, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. Well #14 Reconstruction — page 2 of 14 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2008 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 4. Termination: If, through any cause, CONTRACTOR, 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 CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Well #14 Reconstruction — page 3 of 14 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: CONTRACTOR 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 CONTRACTOR, 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. CONTRACTOR 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, Professional Liability One Million Well #14 Reconstruction — page 4 of 14 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, CONTRACTOR 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 Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6.2 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 Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. Well #14 Reconstruction — page 5 of 14 0 • 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. 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 Agent 33 E. Idaho Avenue Meridian, Idaho 83642 McLeran Well Drilling Attn: David McLeran 5476 Sandhollow Rd New Plymouth, ID 83655 Idaho Public Works License #: C16556 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. 9. 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 attomeys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Liquidated Damages Upon receipt of a Notice to Proceed, the Contractor shall have 60 calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of 250.00 per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Well #14 Reconstruction — page 6 of 14 0 • 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR 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. 14. Reports and Information: 13.1 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. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. 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. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. Well #14 Reconstruction — page 7 of 14 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Well #14 Reconstruction — page 8 of 14 CITY OF MERIDIAN BY:�Z&e 42 ap TAMMY de EERD, MA O Dated: 57- & - ok J#PPQDVez 8K 4,0U 4C_lL . 5 - L" O r) Attest: JAYCEP L. HOLMAN, CITY Approved as to Content • CONTRACTOR Dated: i- 4'— !:g COF r r ERkL 7� T tt� • .i�`*: Department Approval BY: Z/ KEIT S, PURXKASING AGENT Dated: `S— 6 - 6's Approved as to Form CITY ATTORNEY Well #14 Reconstruction — page 9 of 14 BY: C'4 Nom,. u NAME: K>" a4t'y l TITLE: S*q Dated: 0 Attachment A SCOPE OF WORK 1) MOBILIZATION: a. Mobilize cable -tool work -over rig over well. b. Well is inside a building and access is through a roof hatch so that a second person is required. c. All parts of the building, including the roof, facia, inside and outside walls, and pump -house plumbing must be protected and kept clean. d. Pump house and well to be kept secure at all times and the well covered when Contractor is on site. e. Well house is on the SE comer of Overland Road and SE 5t' Street in Meridian (across from Western Caterpillar). f. Arrangements to visit the site and view the well conditions can be made by calling Ed Squires at 631-6781. g. Mobilization includes all travel time, equipment, set up, and other incidental tasks not covered in the bid schedule. h. All arrangements for discharge of water for the project. 2) PLUG TAIL PIPE: a. A neat cement grout plug will be placed in the bottom of the well at '500 feet to occlude the tail —pipe (sump) from the well. b. The cement grout will be mixed at a specific ratio of cement to water and pumped into place using a 1 -inch schedule 80 PVC tremie. 3) PERFORATE HEAD PIPE: a. Impart 1/2 -inch X 3 -inch perforations to the top of the 10 -inch steel head pipe assembly at 225 feet bgl. b. Twenty-five perforations will be made; five perforations to the round and one round per foot. 4) INSTALL WELL SCREENS: a. Provide and install 295 -feet of 9 -inch (10 -inch telescope) diameter stainless steel well screen to the bottom of the well. b. Screens will be #304 stainless steel, continuous wire -wound, 0.035 -inch slot, 9.5 -inch OD Johnson well screens. c. Each individual 20 -foot long well screen will be fitted with 6 -inch long stainless steel weld rings at each end. d. The uppermost well screen will be fitted with an 18 -inch weld ring at the top. e. One, stainless steel, 6 -lip neoprene packer assembly will be incorporated into the 9 -inch screened liner. 5) PERFORATE WELL CASING: a. The 18 -inch steel well casing will be perforated at 125 feet bgl. b. Impart'/2-inch X 3 -inch perforations to the top of the 10 -inch steel head pipe assembly at 125 feet bgl. c. Twenty-five perforations will be made; five perforations to the round and one round per foot. Well #14 Reconstruction — page 10 of 14 0 • 6) INSTALL 14 -INCH DIAMETER PVC CASING: a. 240 linear feet of Certa-Lok brand PVC coupled pipe, manufactured by Certain -Teed Corporation, will be used. b. The PVC casing will be lowered into the existing 18 -inch surface casing with a hand -fabricated seal on the lower end. 7) FURNISH AND INSTALL STEEL WELLHEAD ASSEMBLY: a. A five foot section of 14 -inch steel casing will be coupled to the top of the PVC casing. b. A Y. -inch steel "washer" will be welded around the 14 -inch casing to serve as a seal between the 18 -inch and 14 -inch steel casings. c. The "washer" plate will have a threaded opening for the tremie pipe and pressure grouting of the annular space. 8) PRESSURE GROUTING OF THE STEEL CASING: a. A one -inch flush joint PVC tremie pipe will be extended to 237 feet bgl into the annular space between the 18 -inch steel casing and the 14 -inch PVC casing. b. A short (10 -foot) length of neat cement grout will be pumped around the base of the PVC casing and allowed to cure for 24 -hours. c. Pump high solids (>30% solids by weight) bentonite grout, from the bottom up, through the tremie pipe until the annular space between the two casings is full to land surface. d. The tremie pipe will be removed from the well and the annular space pressurized by additional neat cement grout, until refusal, to force grout seal out through the perforations in the 18 -inch casing at 125 feet bgl. 9) HIGH-PRESSURE WATER -.LETTING OF THE WELL SCREENS: a. An 8 -inch jetting ball with four'/ -inch jets will be lowered into the well on steel pipe. b. Water from the City of Meridian water system will be pumped under pressure (600 psi minimum) through the well screens. c. The jetting tool will be rotated back -and -forth (120 degrees) as the jet is withdrawn from the well at one foot per minute through the screened intervals of the well. d. 120 feet of well screen will be jetted. e. 24 gallons of "AquaClear" mud -dispersing chemical (Baroid) will be used in the jetting process and allowed to sit in the well overnight. f. Arrangements for over -flowing the well during jetting will be part of the mobilization (transfer pump to storm drain). 10) ISOLATION -PACKER PUMPING OF THE WELL SCREENS: a. An isolation packer pump, consisting of a submersible pump with its intake isolated between two rubber packer assemblies such that the pump is able to draw water from a short (seven -foot) discrete interval of the well screens during pumping, will be swabbed (reciprocating action) through the screened portion of the well at one foot per minute or until the pumped water is clear. b. Isolation packer pump must produce a minimum of 300 gpm. c. Arrangements for disposal of the pumped water are to be included in the mobilization bid item of the bid schedule. Well #14 Reconstruction — page 11 of 14 0 0 11)SWAB-SURGE DEVELOPMENT OF THE WELL SCREENS: a. After the well has been developed by packer -pumping, the annular space between the 9 -inch screen and the 14 -inch PVC casing will be filled with graded sand filter (#8-#12 Colorado Silica Sand or approved equal). b. The screened section of the well will be swabbed at one -foot per minute downwards, and then upwards, using a rubber surge block to settle the filter sand. c. The filter sand reservoir, at the top of the head pipe, will be tagged during swabbing and sand added if necessary. 12)FABRICATE AND INSTALL PACKER -REDUCER ASSEMBLY: a. A specially fabricated stainless steel packer -seal assembly shall be installed between the 9 -inch screens and the 14 -inch PVC casing. b. The packer will be a "tum -on" locking style. 13)HYDRAULIC TESTING OF THE RECONSTRUCTED WELL: a. A test pump capable of producing 2,000 gpm from a pumping water level of 180 feet will be installed in the well. b. The well will be tested for a minimum of 16 -hours over two days (an 8 -hour constant -discharge test and an 8 -hour stepped -discharge test). c. Arranging for discharge of the pumped water will be the responsibility of the Contractor and shall be included in the mobilization bid item of the Bid Schedule. Well #14 Reconstruction — page 12 of 14 aME IAN#14 SUPPLY WELL8/5/1991 ' EXISTING g�g�1991 2 NSTRUCTED WELL DEP'T'H � DEPTH J k x '�EI�L CONST UC110 ( f ; .: : co J, UC ON (feet) Z() -inch oven _ 14" s OZS" WALL X10 FT'LONG .... for surface l 01-ar9 OS STEEL CAS#iG SEALED NPWL WITH STAND CERTA-LOK COUPLER NPWL j of benloaslle tom# 29,x, ?' study and grnilies ! 29.63• Of 41749—ml Ol-Q9 08 "T" .,. Ip PWI. MFH FROM THE 8109TOM UP AT 900 GPM BY MCE THEN RROIVITHE TOP 1¢ AFTBR'LHOUR x j Y r WN UNTIL REF�J�rtL.) 3... �. �'� , . ,I�fIFFrCITi'.P (�RATIOLVS ; t . �. . 3 FO PER BUND _ ��A` A. � T 900 G IO`�i � Q6y � CCRQI�T SEAT, h'Q a D � � pUTSi E CASIN!D E ER N 184NAND,14-INCL�SINGS � .�h^fir.... y� �^� .I.✓V t`" - ' CERTAIN`fE CERTA-LOOK Is k 2274EET f j . oo REMOVABLE STAi*ESS STEEL :d . .. .<.. m4•INCH &pfC1 ..,r..l R.. P A packaftoum ASSEMBL Y W1TH NEOP4RUBBER asgembly � ?rURE-K" PA(` I AS neopftne 4 TAFIT S I'S EAL .. _ _ `. .. .. � .<.,... ,, .,... a (1n�opu�E�C���►�H ��•:+�:t�ER �r .,- dityd- , iiq ! ? INSTALLEIXWITHWATERPROOF r SHACOWSEA UVTO EXISTING 1 -INCH EC CQiI� bN�PA 0R.-REDUCp,R A SEARBi.Y) 4 �1 •. � �, Fir•. ? {$ � �p Yy $etad bid e $ WM& RSP Sm&1*ASSEMBLY l 9412 Bltei�-s ► : ♦ gS itEEfi f a 4 ► (TEC.ESCOpyE13'IAI$I1�E Qi<);JSTING + ° 10 -INCH SCREEN AS,SEMY) is -inch chilled • W416 `BIRDSEk�D" BRAND ° a s • o. 10a ° % GRADED I• II.TER SAND s� o (TO BE SWABBEDINTO PLACE ANDS $ o. e FILL PRE-EXISTMG VOIDS BERLIT W X 35-81ot con&uo� ° ORIGINAI.:SCREEN ASSEMBLY) ° wwound "Johnsa:i";OW ° x _ . - g stau�Iess steel weu�careen a ° HOLES AND GROUPS '� ~ OF HOLES DOCUMENTED s' g o DURING THRE DOWNHOLE < CAMERASURVEYS , CENTRALIZERS A W � I� (AT ALL JOLNTS) 450— JANoftualizers UARY (JANUARY 11, JAWUARY 17; AND e JANUARY 29, 2008) e0 + ° 10". X30 slot continuous o o m wuewotnld "Iotulsorl" p3fl4 WELDED4.25" THICK - e stainless steel well-scaceal ®STIE�TL AESS STEEL CAP 500—f 0 P* end cap ° 0 ItemI Item Description No. • Attachment B PAYMENT SCHEDULE WELL #14 RECONSTRUCTION (Cable Tool Method) BID NUMBER PW -08-001 Unit Estimated Unit Price Quantity Sub Total 1 Mobilization L.S. 1 7,500.00 7,500.00 2 Rig Time Hour 1 195.00 195.00 3 Plug Tail Pipe L.S. 1 1,560.00 1,560.00 4 Perforate Existing Head Pipe L.S. 1 1,170.00 1,170.00 5 Install Well 9 -Inch (10 -Inch Telescope) Screens L.F. 295 175.00 51,625.00 6 Perforate Existing Well Casing L.S. 1 1,560.00 1,560.00 7 Install 14 -Inch Diameter PVC Casing L.F. 240 68.00 16,320.00 8 Furnish and Install Steel Well Head Assembly L.S. 1 1,000.00 1,000.00 9 Pressure Grouting of the Steel Casing C.Y. 7 600.00 4,200.00 10 High -Pressure Water -Jetting of the Well Screens Hour 20 195.00 3.900.00 11 Isolation -Packer Pumping of the Well Screens Hour 20 195.00 3,900.00 12 Swab -Surge Development of the Well Screens Hour 8 195.00 1,560.00 13 Fabricate and Install Packer -Reducer Assembly L.S. 1 5,500.00 5,500.00 14a Hydraulic Testing of the Reconstructed Well - SET AND PULL L.S. 1 2,800.00 2,800.00 14b Hydraulic Testing of the Reconstructed Well - PUMPING RUNTIME Hour 16 4,000.00 4,000.00 NOT -TO -EXCEED TOTAL........................................................$ 106.790.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Well #14 Reconstruction — page 14 of 14 0 Memo To: Jaycee Holman, City Clerk 1 From: Keith Watts, Purchasing Agent I yW CQ Tara Green, Kyle Radek Date: 5/1/08 Re: May 6 City Council Meeting Agenda Item The Purchasing Department respectfully requests that following item be placed on the May 6 City Council Consent Agenda for Council's cons 'c:ration. Approval of Contract for 109 Well Drilling for V - _'�. 1 Reconstruction. The contract is the result of Request for Bid #PW -08-001. Recommended Council Action: Approval of Cont. ,c Well Drilling for the NOT -TO -EXCEED amount of $106,790.00 a, thorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 • 0 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (PUBLIC WORKS OF IMPROVEMENT) THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of April, 2008, 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 Idaho Avenue, Meridian, Idaho 83642, and McLeran Well Drilling , hereinafter referred to as "CONTRACTOR", whose business address is 5476 Sandhollow Rd, New Plymouth, ID 83655 and whose Public Works Contractor License # is C-16556. INTRODUCTION Whereas, the City has a need for services involving Well # 14 Reconstruction ; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. Well #14 Reconstruction — page 1 of 14 1.3 Thelontractor shall provide services and'work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Time and Materials basis with a Not -To -Exceed total of $106,790.00 as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no 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, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. Well #14 Reconstruction — page 2 of 14 3. Term: 0 0 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2008 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 4. Termination: If, through any cause, CONTRACTOR, 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 CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Well #14 Reconstruction — page 3 of 14 Notwithstanding the above, CONTRACTOR sh Pnot be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: CONTRACTOR 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 CONTRACTOR, 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. CONTRACTOR 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, Professional Liability One Million Well #14 Reconstruction — page 4 of 14 Dollars ($10,000) per incident or occurrence) utomobile 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, CONTRACTOR 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 Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6.2 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 Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. Well #14 Reconstruction — page 5 of 14 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. 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 Agent 33 E. Idaho Avenue Meridian, Idaho 83642 McLeran Well Drilling Attn: David McLeran 5476 Sandhollow Rd New Plymouth, ID 83655 Idaho Public Works License #: C16556 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. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Liquidated Damages Upon receipt of a Notice to Proceed, the Contractor shall have 60 calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of 250.00 per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Well #14 Reconstruction — page 6 of 14 12. Assignme t It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR 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. 14. Reports and Information: 13.1 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. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. 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. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. Well #14 Reconstruction — page 7 of 14 0 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Well #14 Reconstruction — page 8 of 14 CITY OF MERIDIAN M TAMMY de WEERD, MAYOR Dated: Attest: JAYCEE L. HOLMAN, CITY CLERK Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated Approved as to Form CITY ATTORNEY Well #14 Reconstruction — page 9 of 14 CONTRACTOR BY: Dated: Department Approval NAME: TITLE: Dated: 0 Attachment A 0 SCOPE OF WORK 1) MOBILIZATION: a. Mobilize cable -tool work -over rig over well. b. Well is inside a building and access is through a roof hatch so that a second person is required. c. All parts of the building, including the roof, facia, inside and outside walls, and pump -house plumbing must be protected and kept clean. d. Pump house and well to be kept secure at all times and the well covered when Contractor is on site. e. Well house is on the SE corner of Overland Road and SE 50' Street in Meridian (across from Western Caterpillar). f. Arrangements to visit the site and view the well conditions can be made by calling Ed Squires at 631-6781. g. Mobilization includes all travel time, equipment, set up, and other incidental tasks not covered in the bid schedule. h. All arrangements for discharge of water for the project. 2) PLUG TAIL PIPE: a. A neat cement grout plug will be placed in the bottom of the well at —500 feet to occlude the tail —pipe (sump) from the well. b. The cement grout will be mixed at a specific ratio of cement to water and pumped into place using a 1 -inch schedule 80 PVC tremie. 3) PERFORATE HEAD PIPE: a. Impart'/2-inch X 3 -inch perforations to the top of the 10 -inch steel head pipe assembly at 225 feet bgl. b. Twenty-five perforations will be made; five perforations to the round and one round per foot. 4) INSTALL WELL SCREENS: a. Provide and install 295 -feet of 9 -inch (10 -inch telescope) diameter stainless steel well screen to the bottom of the well. b. Screens will be #304 stainless steel, continuous wire -wound, 0.035 -inch slot, 9.5 -inch OD Johnson well screens. c. Each individual 20 -foot long well screen will be fitted with 6 -inch long stainless steel weld rings at each end. d. The uppermost well screen will be fitted with an 18 -inch weld ring at the top. e. One, stainless steel, 6 -lip neoprene packer assembly will be incorporated into the 9 -inch screened liner. 5) PERFORATE WELL CASING: a. The 18 -inch steel well casing will be perforated at 125 feet bgl. b. Impart '/.-inch X 3 -inch perforations to the top of the 10 -inch steel head pipe assembly at 125 feet bgl. c. Twenty-five perforations will be made; five perforations to the round and one round per foot. Well #14 Reconstruction — page 10 of 14 0 • 6) INSTALL 14 -INCH DIAMETER PVC CASING: a. 240 linear feet of Certa-Lok brand PVC coupled pipe, manufactured by Certain -Teed Corporation, will be used. b. The PVC casing will be lowered into the existing 18 -inch surface casing with a hand -fabricated seal on the lower end. 7) FURNISH AND INSTALL STEEL WELL HEAD ASSEMBLY: a. A five foot section of 14 -inch steel casing will be coupled to the top of the PVC casing. b. A'/2 -inch steel "washer" will be welded around the 14 -inch casing to serve as a seal between the 18 -inch and 14 -inch steel casings. c. The "washer" plate will have a threaded opening for the tremie pipe and pressure grouting of the annular space. 8) PRESSURE GROUTING OF THE STEEL CASING: a. A one -inch flush joint PVC tremie pipe will be extended to 237 feet bgl into the annular space between the 18 -inch steel casing and the 14 -inch PVC casing. b. A short (10 -foot) length of neat cement grout will be pumped around the base of the PVC casing and allowed to cure for 24 -hours. c. Pump high solids (>30% solids by weight) bentonite grout, from the bottom up, through the tremie pipe until the annular space between the two casings is full to land surface. d. The tremie pipe will be removed from the well and the annular space pressurized by additional neat cement grout, until refusal, to force grout seal out through the perforations in the 18 -inch casing at 125 feet bgl. 9) HIGH-PRESSURE WATER -.LETTING OF THE WELL SCREENS: a. An 8 -inch jetting ball with four'/4-inch jets will be lowered into the well on steel pipe. b. Water from the City of Meridian water system will be pumped under pressure (600 psi minimum) through the well screens. c. The jetting tool will be rotated back -and -forth (120 degrees) as the jet is withdrawn from the well at one foot per minute through the screened intervals of the well. d. 120 feet of well screen will be jetted. e. 24 gallons of "AquaClear" mud -dispersing chemical (Baroid) will be used in the jetting process and allowed to sit in the well overnight. f. Arrangements for over -flowing the well during jetting will be part of the mobilization (transfer pump to storm drain). 10) ISOLATION -PACKER PUMPING OF THE WELL SCREENS: a. An isolation packer pump, consisting of a submersible pump with its intake isolated between two rubber packer assemblies such that the pump is able to draw water from a short (seven -foot) discrete interval of the well screens during pumping, will be swabbed (reciprocating action) through the screened portion of the well at one foot per minute or until the pumped water is clear. b. Isolation packer pump must produce a minimum of 300 gpm. c. Arrangements for disposal of the pumped water are to be included in the mobilization bid item of the bid schedule. Well #14 Reconstruction — page 11 of 14 11)SWAB-SURGE DEVELOPMENT OF THE WELL SCREENS: a. After the well has been developed by packer -pumping, the annular space between the 9 -inch screen and the 14 -inch PVC casing will be filled with graded sand filter (#8-#12 Colorado Silica Sand or approved equal). b. The screened section of the well will be swabbed at one -foot per minute downwards, and then upwards, using a rubber surge block to settle the filter sand. c. The filter sand reservoir, at the top of the head pipe, will be tagged during swabbing and sand added if necessary. 12)FABRICATE AND INSTALL PACKER -REDUCER ASSEMBLY: a. A specially fabricated stainless steel packer -seal assembly shall be installed between the 9 -inch screens and the 14 -inch PVC casing. b. The packer will be a "turn -on" locking style. 13)HYDRAULIC TESTING OF THE RECONSTRUCTED WELL: a. A test pump capable of producing 2,000 gpm from a pumping water level of 180 feet will be installed in the well. b. The well will be tested for a minimum of 16 -hours over two days (an 8 -hour constant -discharge test and an 8 -hour stepped -discharge test). c. Arranging for discharge of the pumped water will be the responsibility of the Contractor and shall be included in the mobilization bid item of the Bid Schedule. Well #14 Reconstruction — page 12 of 14 EXISTING MEJIDIAN#14 SUPPLY WELL ~CONSTRUCTED 8/5/1992 WELL DEPTH WELL DEPTH CONSTRUCTION (feet) CONSTRUCTION (feet) 20 -inch overbore 14" g 0:25" WALL -�10 Fr LONG 0 for surface seal 01-09-08 STEEL CASING SEALED TO PVC WITH STANDARD CERTA-LOK COUPLER NPWL of bentonite mud X29763L slurry and granules 29.63' of 43.74' 01-!19-08 PWL AT 900 GPM FrER 1 -HOUR Packer/reducer assembly with neoprene pack 18 -inch drilled hole to 515 ft. 10" X 35 -slot continuous J wirewound "Johnson" #304 stainless steel well -screen • centralizers 10'" X 30 -slot continuous wirewound "Johnson" 0304 stainless steel well -screen wckW 14 -incl plate aw cap I 50— HIGH -SOLIDS (�290/o BY WEIGHT) (PUMPED FROM THE BOTTOM UP BY TREMIE THEN FROM THE TOP DOWN UN71L REFUSAL.) e1 drive-jinctr,,�' • 1000w,FOUR-PER-ROUND • ' oe; 5" LONG X 0.25 WIDE 1S 0e' a'e Colorado SiSari a� as 1ncoryo 14 -INCH O.D. AND 12.2 -INCH I.D. 08#12 falter-� e° 18 -inch drilled hole to 515 ft. 10" X 35 -slot continuous J wirewound "Johnson" #304 stainless steel well -screen • centralizers 10'" X 30 -slot continuous wirewound "Johnson" 0304 stainless steel well -screen wckW 14 -incl plate aw cap I 50— HIGH -SOLIDS (�290/o BY WEIGHT) (PUMPED FROM THE BOTTOM UP BY TREMIE THEN FROM THE TOP DOWN UN71L REFUSAL.) #8416 "BIRDSEED" BRAND GRADED FILTER SAND (TO BE SWABBED INTO PLACE AND FILL PRE-EXISTING VOIDS BEHIND ORIGINAL SCREEN ASSEMBLY) —3 HOLES AND GROUPS OF HOLES DOCUMENTED DURING THREE DOWNHOLE CAMERA SURVEYS CENTRALIZER: W R'M WMM (AT ALL JOINTS) (JANUARY 11, JANUARY 17, AND JANUARY 29, 2008) WELDED 0.25" THICK 500 STAINLESS STEEL CAI e ; > • 0 � 0 250— KNIFE -CUT PERFORATIONS • 1000w,FOUR-PER-ROUND • ' oe; 5" LONG X 0.25 WIDE 1S 115', GROUT SEAL FORCED 120', OUTSIDE CASING AND BETWEEN 125' a'e 18 -INCH AND 14 -INCH CASINGS a� as 300- 00--350- 14 -INCH O.D. AND 12.2 -INCH I.D. CERTAINTEED CERTA-LOK SDR17 PVC WELL CASING 227 FEET �+• REMOVABLE. STAINLESS STEEL 200" 10 -INCH X INCH PACKER -REDUCER ASSEMB Y&WITH NEOPRENE RUBBER "FIGURE -K" PACKERS TAPER -FIT SEAL o 250— (MODIFIED CERTA-LOK IWC COUPLER i INSTALLED WITH' WATERPROOF j SILICONE SEAL INTO EXISTING 12 -INCH e i SECTION OFPACKER REDUCER ASSEMBLY) R �e �e •a 's 300- $INCH I.D. X 0.035" SLOT STAINLESS STEEL ;w WIRE -WRAP SCREEN ASSEMBLY 295 FEET le (TEaev, LESCOPED CHH SCREEN ASSEMBLY) #8416 "BIRDSEED" BRAND GRADED FILTER SAND (TO BE SWABBED INTO PLACE AND FILL PRE-EXISTING VOIDS BEHIND ORIGINAL SCREEN ASSEMBLY) —3 HOLES AND GROUPS OF HOLES DOCUMENTED DURING THREE DOWNHOLE CAMERA SURVEYS CENTRALIZER: W R'M WMM (AT ALL JOINTS) (JANUARY 11, JANUARY 17, AND JANUARY 29, 2008) WELDED 0.25" THICK 500 STAINLESS STEEL CAI e ; > • 0 � 0 250— 0 • • ' oe; F0 1S � a'e e 0 a a� as 300- 00--350- -350- 0 500—f 0 Attachment B 40 PAYMENT SCHEDULE WELL #14 RECONSTRUCTION (Cable Tool Method) BID NUMBER PW -08-001 PRICING / BID SCH I YLS Item No. Item Description Unit Estimated Quantity Unit Price Sub Total 1 Mobilization L.S. 1 7,500.00 7,500.00 2 Rig Time Hour 1 195.00 195.00 3 Plug Tail Pipe L.S. 1 1,560.00 1,560.00 4 Perforate Existing Head Pipe L.S. 1 1,170.00 1,170.00 5 Install Well 9 -Inch (10 -Inch Telescope) Screens L.F. 295 175.00 51,625.00 6 Perforate Existing Well Casing L.S. 1 1,560.00 1,560.00 7 Install 14 -Inch Diameter PVC Casing L.F. 240 68.00 16,320.00 8 Furnish and Install Steel Well Head Assembly L.S. 1 1,000.00 1,000.00 9 Pressure Grouting of the Steel Casing C.Y. 7 600.00 4,200.00 10 High -Pressure Water -Jetting of the Well Screens Hour 20 195.00 3.900.00 11 Isolation -Packer Pumping of the Well Screens Hour 20 195.00 3,900.00 12 Swab -Surge Development of the Well Screens Hour 8 195.00 1,560.00 13 Fabricate and Install Packer -Reducer Assembly L.S. 1 5,500.00 5,500.00 14a Hydraulic Testing of the Reconstructed Well - SET AND PULL L.S. 1 2,800.00 2,800.00 14b Hydraulic Testing of the Reconstructed Well- PUMPING RUNTIME Hour 16 4,000.00 4,000.00 NOT -TO -EXCEED TOTAL........................................................$ 106.790.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Well #14 Reconstruction — page 14 of 14 C7 May 2, 2008 E MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT ITEM NO. S -O REQUEST Sanitary Sewer and Water Main Easement Agreement for Southeast Comer Marketplace No. 1 by James Kissler, LLC AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See attached Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. is • Page 1 of 1 Tara Green From: Scott Steckline Sent: Thursday, May 01, 2008 3:09 PM To; Jaycee Holman; Tara Green Subject: Proposed Agenda Item for May 6, 2008 City Council Meeting Attachments: Document22.pdf Memo To: Jaycee Holman, Tara Green From: Scott Steckline Meridian Public Works Department 660 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Date: 5/1/2008 Re: Proposed Agenda Item for City Council Meeting The Public Works Department respectfully requests the following item be placed on the next available City Council agenda, under Consent Agenda, for Council's consideration: Sewer and Water Easement for Southeast Corner Marketplace Subdivision #1 Thank you for your consideration. Please contact me if you have any questions. SCOTT STECKT-_TNF Development Services Coordinator Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 Ph: (208) 898-5500 Faic (208) 898-9551 E -Mail: StecklisAmeridiancity.org 5/2/2008 ADA CoiffRE H59i DAVID NAvARK AMOUNT .00 8 BOISE IDA -NO 05116108 12:59 PM f RDEPUTY Dlm Roulette ECO DED -REQUEST OF CITY OF MERDIAN 1080 7322 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ""day of L1'1 , 2008 between �1- n6S Ai. fssler Lithe parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its, successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement easmt sw main THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no fiarther effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. ss County of Ada ) Sanitary On this �_ day of (y]20 CS before me, the and rsigned, a Notary Public in and for said State, persohdly appeared' -7K and YS Q U `L^ (oC,Q , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTARY PUBLIC FOR IDAHO Residing at: ' c9 Commission Expires: e nit sw main • GRANTEE: CITY OF MERIDIAN of Tammy de Weerd, May Vol o r SEAL Attest by Vycee Holman, City Clerk i A. - Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this Ui`' day of �' UAa , 20© , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. '0rrrrrR•• M:G'•• W KraA i IjJ •'•'t (SEAL) : ; ' 46 ?'� ••! NOTARY PUBLIC FOR IDAHO • ;� ; Residing at: 'r r • Commission Expires• lain( i EVI i i . ' • IC_ ••�1; IDA;10•••• rr Sanitary Sewer and Water Main Easement easmt sw pain 3� • • FOX Land Surveys, /ncw 1515 South Shoshone St. A BOISeo Idaho 9 83705 0 208-342-7957 A 208-342-7437 FAX DESCRIPTION FOR A SANITARY SEWER AND WATER MAIN EASEMENT (PHASE 1) A PORTION OF THE NORTHWEST % SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO A Portion of the Northwest % of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows; COMMENCING at a found Brass Cap Monument marking the Northwest comer of Section 4, from which a found Brass Cap Monument marking the North % Comer thereof bears South 89°49'08" East, a distance of 2,659.38 feet; 1. thence along the Westerly boundary of Section 4, South 00*36'13" West, -a distance of 1116.00 feet to a point; 2. thence South 89051'00" East, a distance of 191.14 feet to the TRUE POINT OF BEGINNING; 3. thence continuing South 89051'00 East, a distance of 20.00 feet to an angle point; 4. thence South 00'09'00* West, a distance of 14.52 feet to an angle point; 5. thence South 89051'00* East, a distance of 72.21 feet to an angle point; 6. thence North 00057'07* East, a distance of 14.52 feet to an angle point; 7. thence South 89*51'00' East, a distance of 8.49 feat to an angle point; 8. thence North 00009'00* East, a distance of 34.50 feet to an angle point; 9. thence South 8951'00° East, a distance of 22198 feet to an angle point; 10.. thence South 00057'07* West, a distance of 250.27 feet to an angle point; 11. thence South 44051'00* East, a distance of 26.,81 feet to an angle point; 12. thence South 8951'00* East, a distance of 153.16 feet to an angle point; 0 . 13. thence North 00009'00" East, a distance of 20.21 feet to an angle point; 14. thence South 8951'00" East, a distance of 20.00 feet to an angle point; 15. thence South 00009'00" West, a distance of 20.21 feet to an angle point; 16. thence South 8951'00" East, a distance of 170.98 feet to an angle point; 17. thence North 45035'16" East, a distance of 149.42 feet to an angle point; 18. thence North 00°35'16" East, a distance of 153.58 feet to an angle point; 19. thence North 89*51'00" West, a distance of 43.30 feet to an angle point; 20. thence South 00009'00" West, a distance of 5.49 feet to an angle point; 21. thence North 89051'00" West, a distance of 13.50 feet to an angle point; 22. thence North 00'09'00" East, a distance of 25.49 feet to an angle point; 23. thence South 89'51'00" East, a distance of 57.28 feet to an angle point; 24. thence North 01048'53" East, a distance of 21.75 feet to an angle point; 25. thence North 1105329" East, a distance of 31.69 feet to an angle point; 26. thence South 8951'00" East, a distance of 42.24 feet to an angle point; 27. thence South 00035'00" West, a distance of 3.89 feet to an angle point; 28. thence North 89°2444" West, a distance of 22.55 feet to an angle point; 29. thence South 11 53'29" West, a distance of 30.29 feet to an angle point; 30. thence South 01'48'53" West, a distance of 35.02 feet to an angle point; 31. thence South 00035'16" West, a distance of 95.20 feet to an angle point; 32. thence South 89°2444" East, a distance of 10.17 feet to an angle point; 33. thence South 0035'16" West, a distance of 20.00 feet to an angle point; 34. thence North 892444" West, a distance of 10.17 feet to an angle point; 35. thence South 0035'16" West, a distance of 51.22 feet to an angle point; 0 a 36. thence South 45°35'16" West, a distance of 165.90 feet to an angle point; 37. thence North 89051'00" West, a distance of 360.62 feet to an angle point; 38. thence North 44051'00" West, a distance of 34.96 feet to an angle point; 39. thence North 89°51'00" West, a distance of 22.67 feet to an angle point; 40. thence North 00°09'00" East, a distance of 22.09 feet to an angle point; 41. thence South 89°51'00" East, a distance of 16.83 feet to an angle point; 42. thence North 00057'07" East, a distance of 136.68 feet to an angle point; 43. thence North 89002'53" West, a distance of 11.00 feet to an angle point; 44. thence North 00°57'07" East, a distance of 36.55 feet to an angle point; 45. thence North 89'51'00" West, a distance of 138.89 feet to an angle point; 46. thence South 45009'00" West, a distance of 29.87 feet to an angle point; 47. thence South 00009'00" West, a distance of 14.61 feet to an angle point; 48. thence South 8951'00" East, a distance of 11.25 feet to an angle point; 49. thence South 00000'00" West, a distance of 28.98 feet to an angle point; 50. thence North 89051'00" West, a distance of 11.32 feet to an angle point; 51. thence South 0009'00" West, a distance of 127.55 feet to an angle point; 52. thence South 45009'00" West, a distance of 27.86 feet to an angle point; 53. thence North 8951'00" West, a distance of 35.29 feet to an angle point; 54. thence North 00036'13" East, a distance of 20.00 feet to an angle point; 55. thence South 89051'00" East, a distance of 26.84 feet to an angle point; 56. thence North 45009'00" East, a distance of 11.29 feet to an angle point; 57. thence North 00009'00'° East, a distance of 171.14 feet to an angle point; 0 tz d z z 09 �E MCD W zgg =Yn� Zo Z�u W-1 U� 6 Cf) , — �soda d091W • — • — 0 i��, �asf .ct.•9t.t nn.��s � z�«M. M.S1.96.008- • — • — • — ..... — • • SANITARY SEWER AND WATER MAIN EASEMENT J THIS INDENTURE, made this L day of Ah. 2003 between//�E S /q �s� ��`r LL(the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement easmt sw main THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. rres a , t (:0--- Secre STATE O IDAHO ) ) ss County of Ada ) On this day of i" 1 C 20 CS, before me, the undersigned, a Notary Public in and for said State, persoAally appeared -7� SCAOr and 3� kA r x , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. l Sanitary SPwe=i•jndteLr . d' • • ''••.9 TE of.••• NOTARY PUBLIC FOR IDAHO Residing at• �ir,\<�Q aS�) Commission Expires: - easmt sw main • GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) • On this day of , 20 ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sanitary Sewer and Water Main Easement easmt sw main 0 FOX Land Surveys, Inc. LJ 1515 South Shoshone St. 0 Bolsa, Idaho a 83705 A 208-342-7957 a 208.342-7437 FAX DESCRIPTION FOR A SANITARY SEWER AND WATER MAIN EASEMENT (PHASE 1) A PORTION OF THE NORTHWEST % OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO A Portion of the Northwest % of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows; COMMENCING at a found Brass Cap Monument marking the Northwest comer of Section 4, from which a found Brass Cap Monument marking the North % Comer thereof bears South 89049'08" East, a distance of 2,659.38 feet; 1. thence along the Westerly boundary of Section 4, South 00036"! 3" West, a distance of 1116.00 feet to a point; 2. thence South 89051'00" East, a distance of 191.14 feet to the TRUE POINT OF BEGINNING; 3. thence continuing South 89051'00" East, a distance of 20.00 feet to an angle point; 4. thence South 00°09'00" West, a distance of 14.52 feet to an angle point; 5. thence South 89051'00" East, a distance of 72.21 feet to an angle point; 6. thence North 00'57'07" East, a distance of 14.52 feet to an angle point; 7. thence South 89"51'00" East, a distance of 8.49 feet to an angle point; 8. thence North 00009'00" East, a distance of 34.50 feet to an angle point; 9. thence South 89°51'00" East, a distance of 22.98 feet to an angle point; 10. thence South 00057'07" West, a distance of 250.27 feet to an angle point; 11. thence South 44051'00" East, a distance of 26.81 feet to an angle point; 12. thence South 89051'00" East, a distance of 153.16 feet to an angle point; 13. thence North 0009'00" East, a distance of 20.21 feet to an angle point; 14. thence South 89051'00" East, a distance of 20.00 feet to an angle point; 15. thence South 00°09'00" West, a distance of 20.21 feet to an angle point; 16. thence South 89'51'00" East, a distance of 170.98 feet to an angle point; 17. thence North 4535'16" East, a distance of 149.42 feet to an angle point; 18. thence North 00035'16" East, a distance of 153.58 feet to an angle point; 19. thence North 8951'00" West, a distance of 43.30 feet to an angle point; 20. thence South 00009'00" West, a distance of 5.49 feet to an angle point; 21. thence North 89051'00" West, a distance of 13.50 feet to an angle point; 22. thence North 0009'00" East, a distance of 25.49 feet to an angle point; 23. thence South 8951'00" East, a distance of 57.28 feet to an angle point; 24. thence North 01'48'53" East, a distance of 21.75 feet to an angle point; 25. thence North 1153'29" East, a distance of 31.69 feet to an angle point; 26. thence South 89051'00" East, a distance of 42.24 feet to an angle point; 27. thence South 00035'00" West, a distance of 3.89 feet to an angle point; 28. thence North 8902444" West, a distance of 22.55 feet to an angle point; 29. thence South 11 053'29" West, a distance of 30.29 feet to an angle point; 30. thence South 01 48'53" West, a distance of 35.02 feet to an angle point; 31. thence South 0035'16" West, a distance of 95.20 feet to an angle point; 32. thence South 89024'44" East, a distance of 10.17 feet to an angle point; 33. thence South 00`35'16" West, a distance of 20.00 feet to an angle point; 34. thence North 89°2444" West, a distance of 10.17 feet to an angle point; 35. thence South 00035'16" West, a distance of 51.22 feet to an angle point; 0 36. thence South 45035'16" West, a distance of 165.90 feet to an angle point; 37. thence North 89051'00" West, a distance of 360.62 feet to an angle point; 38. thence North 44051'00" West, a distance of 34.96 feet to an angle point; 39. thence North 89051'00" West, a distance of 22.67 feet to an angle point; 40. thence North 00009'00" East, a distance of 22.09 feet to an angle point; 41. thence South 89051'00" East, a distance of 16.83 feet to an angle point; 42. thence North 00057'07" East, a distance of 136.68 feet to an angle point; 43. thence North 89°02'53" West, a distance of 11.00 feet to an angle point; 44. thence North 00057'07" East, a distance of 36.55 feet to an angle point; 45. thence North 89°51'00" West, a distance of 138.89 feet to an angle point; 46. thence South 45009'00" West, a distance of 29.87 feet to an angle point; 47. thence South 00`09'00" West, a distance of 14.61 feet to an angle point; 48. thence South 89051'00" East, a distance of 11.25 feet to an angle point; 49. thence South 0000'00" West, a distance of 28.98 feet to an angle point; 50. thence North 89051'00" West, a distance of 11.32 feet to an angle point; 51. thence South 00°09'00" West, a distance of 127.55 feet to an angle point; 52. thence South 45°09'00" West, a distance of 27.86 feet to an angle point; 53. thence North 8951'00" West, a distance of 35.29 feet to an angle point; 54. thence North 00'36'13" East, a distance of 20.00 feet to an angle point; 55. thence South 8951'00" East, a distance of 26.84 feet to an angle point; 56. thence North 45009'00" East, a distance of 11.29 feet to an angle point; 57. thence North 00'09'00" East, a distance of 171.14 feet to an angle point; U 58. thence North 45009'00" East, a distance of 46.44 feet to an angle point; 59. thence South 89051'00" East, a distance of 55.26 feet to an angle point; 60. thence North 00009'00" East, a distance of 14.52 feet to the TRUE POINT OF BEGINNING. Containing 32,466 square feet (0.745 acres) more or less. Subject to existing easements and rights-of-way as any may exist, of record or not of record. Todd Waite, PLS 4999 END OF DESCRIPTION TJF:taj W:\PROJECI S\ZOOTO7-033.PRJIPROJECT\DESCRUMONS\733SSH2ODESC-PH I.DOC �a 12 Wz a ISJ�� IV"ffioI ^__ _ Iw1(ull JL76 HS6S&WN t1.0'1'l/10'J --a1-- --- _ -- II; sl mll 4 AB'HY 1 Ad 8 � ItalluOcoxH � MA0.80.m8 I'^arypl I I tWliltll.?1'Bml Masm.ws 3 I>p� Wit clogs e QVM.eitHas.IDV'3 'H 'Al ===t==--=_ �1 I I II II II I I I II 1 I I Fsh ftionp .£L07 — 71811 2 Ittll Oil �� 51 _ E i L------ g 11 ! I I l I� W I t �'I I I � con I tWliltll.?1'Bml Masm.ws 3 I>p� Wit clogs e QVM.eitHas.IDV'3 'H 'Al ===t==--=_ �1 I I II II II I I I II 1 I I Fsh ftionp .£L07 — 71811 2 Ittll Oil �� 0 • May 2, 2008 Department Report MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Mayors Office ITEM NO. 6-A-1 REQUEST Appointment of Joe Marshall to the Transportation Task Force AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. May 2, 2008 Department Report MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Legal / HR Department ITEM NO. 6-8-1 REQUEST Budget Amendment for Recycle Revenue for Bleachers in Storey Park Mo Brooks Field for $25,000 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. to m A a N Via'' N A N i►- m � N N Cc'C ,5 ` m E c ° 0 403 g el�� tri LL ^ �+ 28 O .0 8 N C C C � 0 mwE0 �m8e o 0 �`O RCL a 'a ao 0 w U � m y0 yVR lL9 O N C IO CL O i 3 2 N oc nC 0 �n A -OF E 40.0 00 0,°m .0 g� o a°.8 • V7 W J 2 Q J� cn Lu o ZO QJ � z f- LU O = U Z CL W C7 co S O Z F LL 7 c 0 r 9 0 .a 0 O c Q. O a° .O gN N 641, r. ems..:. m 0. C ,0 tl. E o d v c � E al >K' x o m ItoC dt U H z H M U_ 0 C z Q c I' O ,��' O' C. _ g, :LL.. O O21 V q0 O — F. to W! L6'c g. Z V i. O F �. ' Q 0Q�-E 0 J, C Fy- W. z H'S0.5LLa3:ulO N O x ul: N F- 3 m _ o. r- r ~ th 04 W) N W Q C C: N' l'9 N: M O' O O O' IL O CV m o ►- O •a Lao t`- 0 cc -WISN V J2m w 0 C '2 R m LL m• wti G CL U W CL Q. ZZ. N �o CL �$ E°_ O C N C LL 0 m U U .a 0 c Q. .O gN N 641, m C tl. E E ItoC dt z H M z Q I' O O O21 V 1 Z V i. O F �. C Fy- N O x ul: ~ 3 O Lao cc -WISN V J2m w 0 C '2 R m LL m• wti G CL U W CL Q. ZZ. N �o CL �$ E°_ O C N C LL 0 m U U 0 Q. N 641, m E dt z H M z Q I' O O O21 V 1 Z V i. O F �. cc -WISN V J2m w 0 C '2 R m LL m• wti G CL U W CL Q. ZZ. N �o CL �$ E°_ O C N C LL 0 m U U • CITY of MERIDIAN Recycle Revenue E 11/30/2007 34425 YEAR REVENUE 9/30/2001 FY2001 25,903.64 9/30/2002 FY2002 16,389.88 9/30/2003 FY2003 29,919.64 9/30/2004 FY2004 39,850.44 9/30/2005 FY2005 47,572.79 9/30/2006 FY2006 64,368.88 9/30/2007 FY2007 109,904..08 3/31/2008 FY2008 61,240.43 „. TOTAL REVENUES 393;149,78 y Expenditures (recycled materials) YEAR DESCRIPTION 11/1/2001 Storey Playground Equipment 11/1/2001 Bear Creek Playground Equipment 5/9/2002 Wood Carpet for Storey 5/9/2002 Wood Carpet for Bear Creek 9/30/2003 Hazardous Waste fees for FY03 9/30/2004 Hazardous Waste fees for FY04 2/22/2005 Western Ada Rec picnic tables 5/1/2005 Bear Creek aluminum bleachers 6/30/2005 Peregrine Elementary bicycle racks 8/30/2005 River Valley Elementary picnic tables Hazardous Waste fees for FY05 1/1/2006 Kiiwanis playground equipment/Went to Seasons, instead 4/26/2006 Cherry Lane Christian Church tables&benches 6/27/2006 Adventure Island surfacing material 8/22/2006 Crossroads Middle School 9/2612006 Meridian Middle School 9/26/2006 Meridian Boys N Girls Club 9/30/2006 Hazardous Waste fees for FY06 10/2/2006 Meridian Boys N Girls Club 11/20/2006 Linder Elementary (benches) 11/20/2006 Western Ada Rec Fuller Park (benches) 11/8/2006 Tonya Wildman (scapbook supplies) 11/27/2006 River Valley Elementary (playground equip) 4/5/2007 Bedford Place (playground equipment) 4/5/2007 Vineyards HOA (benches) 5/29/2007 Idaho Food Bank Meridian 8/20/2007 SWAC Scrapbook 9/30/2007 Hazardous Waste fees for FY07 3/31/2007 Hazardous Waste fees YTD 10/17/2007 Meridian Athletic bleachers in Storey field 10/11/2007 Meridian Athletic benches & picnic tables 10/11/2007 Boys & Girls club statue from scrap metal 10/1/2007 SWAC Scrapbook 4/1/2008 Sawtooth Middle School Reader Board 4/8/2008 Meridian Parks Heritage Middle School 4/8/2008 MYB Bleachers 4/8/2008 Ponderosa Gazebo I 4/29/2008 ' r EXPENSE 2,700.00 na 5,480.00 na 9,148.40 9,160.00 1.0,275.00 5,000:00 710.00 2,500.00 15,345.00 15,182.68 3,600.00 25,000:00 5,130.00 220.00 6,050.00 20,640.00 1,690.00 1,369.00 2,575.00 70.37 12,000.00 6,038.00 1.,119:00 15,600.00 14.82 22,229.90 15,916.82 25,000.00 1,500.00 2,630.00 7.62 17,000.00 6,000.00 15,000.00 6,000.00 TOTAL EXPENSES 287,8t1'J,61 . _ liOiW-c Fu:Od.154 nce 58300 hazardous waste fees paid by recycle revenue 53805 contributions to other entities for recycle equip Projects YTD 2008 73,137.62 2008 Recycle Revenue (2) SWAC.xIsLedger 0 May 2, 2008 0 Department Report MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Legal / HR Department ITEM NO. 6-8-2 REQUEST Budget Amendment for Director Vacation Conversion for FY 2008 for $26,341 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 0 co iA 8 8 0o 0 0 0880 p CO LO etff Wo NN n. n 1 CI HOO 00 H CifAMMOD ►+ Ln C0 Cl OOOOQCGppwCOO�^O 1C7 tgOOOQ�QtNN� I is 1tf. �' OQw^ cb I 00 O OAlP 2ia �-a0 I�t'f -1�OOOo00DD EA to 6N9 EN9 LL 68- O to _ b �p N. 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M GD. L Ci co LO m w m't n O 7 m M LL (, th, H N O cli In }N} C .00 4 r E IJ L .�, 7 •` C C CD ioom d m w t) m .O U 4 V Q. � n n O O a D) y y COO V M@ y M 7 mC tD U Y.C,��;g m m �mm�oa Cf �Ud To Ua 1 126 F. LL m Z 'd c - _�= a� 3: LL 3 OD m G>i x m cp� > yco j7 G _� O �d'LLlmp _U mm 0 C m N LLggLL .4 9 C1 oo cii v1 W N NN t6 m NN m V t.! ca i01'N CL�pQ CLCpp '@ r Z VQ O • Go CD 0 C�pp t) �LL 4¢ C7 -o-C o Na r, R �LLM mo�2I y ri V LL. m'z U-LLliz co iA 8 8 0o 0 0 0880 p 0 aYp7 c�. po O w r M n" is P O 0 tl N - .ME cy .N CO EA to 6N9 EN9 68- M b 0 T- iff eff 1 l0 3 n O }N} C .00 4 r E IJ L .�, 7 •` C C CD ioom m w t) m E < U 4 C 0 N to a C m Q m m to (LDp tl Y.C,��;g m m �mm�oa Cf E C m m C3 F. _�= a� 3: LL W =�� o m m m p N� ti m 0 7 ZMOLL�o� u12 z o �j 0 L z zLL M )i 4) L 4 m w m V C y N m 79 C 7 C3 C t0 (D m C 7 i FL d' 0 m LL a fV 0 Cl 0 May 2, 2008 1 Department Report MERIDIAN CITY COUNCIL MEETING May 6, 200$ APPLICANT Public Works Department ITEM NO. 6-C-1 REQUEST Budget Amendment for Operations Manager for $127,156 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 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CC) m o 0in c c�, �.Po pr CD w CO) � m W w g .w. o m m.3 $s.�e i 5 N m CD x CD 0CL m to CD 3w $2' m m•�3 M m m m � C Q� s Cr CD 3 sD g �w 4b FL 00 w o a �m •° A N �Ap W �{ SL � g \' Z Z O O a O m 9r m A N O W �r�•.�� O N CNII O a N W 01 O�� p W (� 0 ON� ry Oo.Oo..Qo CpII p� it 0. pOo �..co co N I\ • 0 May 2, 2008 Department Report MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Finance Department ITEM NO. 6-D-1 REQUEST Change Order No. 2 with Idaho Custom Wood Products for a Cost Not to Exceed Amount of $5,541.86 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See alfached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green Date: 5/1/08 Re: May 6 City Council Meeting Agenda Item 1Y Oeridi Ic%tY Clerk Ofc.. The Purchasing Department respectfully requests that the following item be placed on the May 6 City Council Consent Agenda for Council's consideration. Idaho Custom Wood Products Change Order #2 Additional work per Architect's Supplemental Instructions ASI # 41. 42,44,46 and RFI #43. All work under this Change Order #2 will be completed pursuant to the existing Phase 3 Tenant Improvements -Millwork & Cabinets contract dated July 17, 2007. Recommended Council Action: Approve Change Order #2 to Idaho Custom Wood Products for additional work for a Not -To -Exceed amount of $5,541.86 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER 40 CHANGE ORDER NO. 02 PROJECT NO. CH -06-001 DATE: 04/08/08 EFFECTIVE DATE: CONTRACTOR: IDAHO CUSTOM WOOD PRODUCTS PROJECT. MERIDIAN CITY HALL - Phase 3 Tenant Improvements The Contractor le hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASPS 41, 42, 44, 46 and RFI 43 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order. Additional scope or revisions per listed ASPS and RFI Attachments: Change order Items description, dated 4/8108, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $464,000.000 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 01 No.— to _ (camdar days) ($5,479.66) None Contract Price Prior to this Change Order. Contract Times prior to this Change Order. (calendar days or date) $458,520.34 8/28/2008 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order.. (calandar days or date) $5,54-1.86 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $464,062.20 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTIoN ) / Petra Inc. ACCEPTED: (CONTRACTOR Idaho Custom Wood P ucts By: Thomas R. Coug in By: Ken Shockey Date: 5, f �6 Date: y -1y 00 APPRO COUNCIL APPROVALBy: ZFGAGENT) Keith tts D ``�t01�{Illif/// Ir Date: — �$ Date: APPROVED: (CtTYI _ TTEST: By: Mayor Tammy de W By City Clerk, J cee Holman Date: ae- ` .. 04P Data: 1 si P 1M r1 iiiPROPOSED CHANGE ORDER No.00002 323-4500 BOISE, IDAHO RCE -1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & RFI Pricing- Phase III DATE: 3/21/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Ken Shockey CONTRACT NO: 19 Idaho Custom Wood Products 11376 W. President Drive Boise, Idaho 83713 Phone: 208-322-2610 Fax: 208 375-2945 RE: To: DESCRIPTION OF PROPOSAL **All taxes are included in costs** Item Description. 00001 RFI#43 Radius guardrail adi (COR#2) 00002 ASI#41 Delete shower Rms (COR#3) 00003 ASI#42 Millwork Loc @ mayor suite (COR#4)- change casework in reception #354. IDCWP quote 11/30/07 00004 ASI#44 Revise wall sec- MDF to Gyp Board (COR#5) 00005 ASI#46 Case work #322 detail revision (COR#6)- Increase size of laminate base & counter in #322. IDCWP quote 11/30/07 APPROVAL: By: Date: Z/// -'//0 1 Expedition By: From: Number: Quantity Units Unit. Price Tax Rate.. Tax Amount Net Amount 1.000 Ls $1,573.34 0.00% $0.00 $1,573.34 1.000 Ls $0.00 0.00% $0.00 $0.00 1.000 Ls $3,681.66 0.00% $0.00 $3,681.66 1.000 Ls $0.00 0.00% $0.00 $0.00 1.000 Ls $286.86 0.00% $0.00 $286.86 Id&Ko Custom Wood Products Date: I/- 105� °- t99 0% Unit Cost: $5,541.86 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 GC Markup: $0.00 Total: $5,541.86 By: 4d4�c dg4�L� Lom and Conrad Architects Date: p 0 . MERIDIAN CITY HALL PROJECT NO: CH -06-001 IDAHO CUSTOM WOOD PRODUCTS - Phase 3 (19) 04/08/08 CHANGE ORDER NO 2 CHANGE ORDER ITEMS 1 RFI 43 Radius Guardrail Adj (COR#02) 1,573.34 2 ASI 41 Delete Shower Rms (COR#03) 0.00 3 ASI 42 Millwork Loc @ Mayor Suite (COR#04) 3,681.66 Change casework in Reception #354 IDCWP quote 11/30/08 4 ASI 44 Revise Wall Sec - MDF to Gyp Bd (COR#05) 0.00 5 ASI 46 Casework #322 Detail Revision (COR#06) 286.86 Increase size of laminate base & counter in #322. IDCWP quote 11/30/07 5,541.86 Page 1 of 1 MERIDIAN CITY HALL PETRA INC 03/17/08 PENDING CO ITEMS i Comments/Remarks Idaho Custom Wood Products PH 3 (19) ' PCO #02 - ASI & RFI Pricing 1 RFI 43 Radius Guardrail Adj (COR#02) 1,573.34 2 ASI 41 Delete Shower Rms (COR#03) 0.00 3 ASI 42 Millwork Loc @ Mayor Suite (COR#04) 3,681.66 Change casework in Reception #354 IDCWP quote 11/30/08 4 ASI 44 Revise Wall Sec - MDF to Gyp Bd (COR#05) 0.00 5 ASI 46 Casework #322 Detail Revision (COR#06) 286.86 Increase size of laminate base & counter in #322. IDCWP quote 11/30/07 5,541.86 Page 1 of 1 IDAHO CUSTOM WOOD PRODUCTS 11376 W. PRESIDENT DR. BOISE IDAHO 83713 PHONE (208) 322-2610 FAX (208) 375-2945 PUBLIC MORRS # 14632-B-4 (29) PAGE 1 OF 1 TO: PETRA DATE: 10/18/2007 JOB: BID FOR MERIDIAN CITY HALL RFI43-COR. DESCRIPTION QTY UNIT MAT''L INSTALLMUSH TOTAL MPLE RAIL DETAIL RFI43 Sla 3 1/2" X 6 1/2" WITH 1/2" RAYjUIS BOTH S 32.0 LF 1,272.96 128.00 96.00 1,496.96 SUBTOTAL 1,272.96 128.00 96.00 1,496.96 6 $ TAX 76.38 0.00 0.00 76.38 TOTAL 1,349.34 128.00 96.00 1,573.34 Rpt -q3 G8& 44 2 0 IDAHO CUSTOM WOOD PRODUCTS 11376 W. PRESIDENT -DR. BOISE IDAHO 83713 PHONE (208) 322-2610 FAX (208) 375-2945 PUBLIC STORKS # 14632 -AX -4(06200) CONTRACTING # RCE -3122 PAGE 1 OF 1 TO: PETRA DATE: 11/30/2007 JOB: MERIDIAN HALL NEA ASI TO: PETRA DATE: 11/30/2007 JOB: MERIDIAN HALL NEA ASI DESCRIPTION QTY UMT HA'I'L INSTALL FINISH TOTAL ASI 42 CHANGE RECEPTION # 354 ADD LAMINATE BASE CABINET 1.0 EA 302.40 50.40 0.00 352.80 ADD PRINTER PLATFORM 1.0 EA 108..00 24.00 0.00 132.00 SS COUNTER TOP 1.0 EA 1,904.00 56.00 0.00- 1,960.00 WALL LAMtMM ADD ON 4.0 LF 792.00 120.00 0:00 912.00 LAMINATE FINISH BACK TO 30" COUNTER 1.0 EA 108.00 •24.00 0.00 132.00 SUBTOTAL 3,214.40 274.40 0.00 -3,488.80 6 * TAX 192.86 0.00 0.00 192.86 TOTAL 3,407-.26 274.40 0.00 3,681.66 ASI 44 WHERE IS WALL CLT AS. 3T DETAIL E-1 IS 8 I BAVE AS. 3T DETAIL E2 IN CABnlETS. :%=: ASI 41 NO CHANGUS ASI 46 CASEWORK #322 ADD MORE LAMINATE BASE CABINETS 1.0 LF 108.00 18.00 0.00 126.00 ADD MORE UPPER CABINETS 1.0 LF.96.00 18.00 0.00 114.00 ADD LAMINATE COUNTER 3.0 SF 27.00 6.00 0.00 33.00 SUBTOTAL 231.00 42.00 0.00 273.00 6 % Tau 13.86 0.00 0.00 13.86 TOTAL244.86 42.001 0.00 286.86 May 2, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT Finance Department REQUEST Change Order No. 1 with Exceed Amount of $10,700.00 Department Report ITEM NO. 6-D-2 Interiors with a Cost Not to AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0- 0 Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent 1\� CC: Tara Green Date: 5/1/08 Re: May 6 City Council Meeting Agenda Item RECEIVED, i y Of Nieridian City Clerk. Office The Purchasing Department respectfully requests that the following item be placed on the May 6 City Council Consent Agenda for Council's consideration. Integrated Interiors Change Order #1 Additional work per Architect's Supplemental Instructions ASI # 47 and PR #1. All work under this Change Order #1 will be completed pursuant to the existing Phase 3 Tenant Improvements -Window Coverings contract dated July 17, 2007. Recommended Council Action: Approve Change Order #1 to Integrated Interiors for additional work for a Not -To -Exceed amount of $10,700.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 0 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER 0 CHANGE ORDER NO. 01 PROJECT NO. CH -06-001 DATE: 04/08/08 EFFECTIVE DATE: CONTRACTOR: INTEGRATED INTERIORS PROJECT: MERIDIAN CITY HAL. - Phase 3 Tenant Improvements The Contractor is hereby directed to make the foilowling changes frorn the Contract Doctarwft and Plane. DescipMon: Incorporate revisions per ASI 73 and PR 1 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME Reason for Change Order: Additional scope $ mvislons per listed ASI IL PR Anacin rtts: Change Order Item Ilst, dated 411/06, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $11,900.00 Original Contract Times: Substantial Completion W806 Not changes form previous Change Orders Net changes torn previous Charge Orders No. - to - No._ to _ (tom daps) $-0— None Contract Price Prior to this Change Ordw: Contract Times prior to this Change Order. (calendar days or date) $11,900.00 6/2612008 Net Wasese of thio Change Order. Net Increase (decrease) of this Change Order: (calends► days or date) $10,700.00 None Contract Prim w6h all Approved Charge Orders: Contract Times with all Approved Charge Orders. ( days) $22,600.00 Substantial Completion 8/28/2008 RECOMMENDED: (COMMUCTM ER ACCEPTED: (COMWAReR) carilA.G rt/�c Petra Inc. hitegmted Inteduis 79 4/0 "CS By: Thomas R C nghffn Date: By: jam, ftppw &Sd ,� ,s' Date:. S -1-0e APPROVED: ty1T) <100.rA46 f0A.- COUNCIL APPROVAL By'.IL�WAIaMs Date: tllllllJJJJ', 08 Date: %t1 APPROVED. i[C By: MaW Twiny de By: City Clerk, Jaycee Hotel Date: Date: --7- 0A 323-4500 BOISE, IDAHO RCE -1975 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI Pricing- Phase III DATE: 4/1/2008 PROJECT., Meridian City Hall JOB: 060675 TO: Attn: Jason Tipper Integrated Interiors 3313 West Cherry Lane Meridian, ID 83642 Phone: 208-936-1215 RE: To: Fax: 208-639-2897 From: CONTRACT NO: 35 Number: WIN 4 Itemscr�p$en , ntity :Units. UniE Price. Tl�az Rate.::Tax Anmount Net;Atnount 00001 ASI#73 Blackout Shades (RFP#1)- Provide 1.000 LS $11,300.00 0.00% $0.00 $11,300.00 _ blackout motorized window shades by Draper at exterior windows in Rms#133 city council conference, 343 mayors suite & 346 executive conference. Integrated Interiors proposal 3/11/08 00002 PR#1 Mayors Suite Revisions (RFP#2)- Delete one 1.000 LS ($600.00) 0.00% $0.00 ($600.00) motorized window shade. Integrated Interiors quote 3/21/08 Unit Cost: $10,700.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 F� Total: $10,700.00 i APPROVAL: By: a' By: gy; <1A M".A,-� Petra co ted Integra Interiors ombard Conrad Architects Date: Date: Date: Ail Expedition MERIDIAN CITY HALL • PROJECT NO: CH -06-001 INTEGRATED INTERIOR - Phase 3 (36) CHANGE ORDER NO 1 0 04/09/08 CHANGE ORDER ITEMS 1 ASI 73 Blackout Shades (RFP -01) 11,300.00 Provide blackout motorized windows shades by Draper at exterior windows in Rms 133 City Council Conference, 343 Mayors Suite & 346 Executive Conference. Integrated Interiors proposal 3/11/08 2 PR 01 Mayors Suite Revisions (RFP#02) (600.00) Delete one motorized window shade. Integrated Interiors quote 3/21/08 10,700.00 Page 1 of 1 Mar 11 uti UJ2,45p integratea interiors euasjklzub'r p.1 BID PROPOSAL INTEGRATED INTERIORS -73 y 3313 W. Cherry Lane Meridian. Id. 83642 Integrated lnteriorsa?yahoo.com ph. 208-936-1215 fax 208-639-2897 �� a License 9 16721-C-3-4 (02950, 06100, 09110, 09500, 12011, 12490,13970) RCT -20085 DonDnCAI RrrRMrTTRn Tn- NAME Petra Incorporated VHONFIPAX 208-323-4507 IDATE 3/1112008 STREET 1097 N. Rosario .108NAMM Meridian. CV Hall c" Meridian CM Meridian STATE Idaho 83642 CSTIMATOR Jason Tupper ISTATE . Idaho 1 propose to furnish all materials. and perform all labor necessary to complete the foilowing: ISection 12494 Roller Shades $11,300.00 Provide Blackout Motorized Window Shades by Draper Inc. At Exterior Windows In Rooms 133 City Council Conf., 343 Mayor Suite, 346 Executive Conf. 313 3 2- /V /V AU of the work to be completed in a substantial and workmanlike marrow for the sum of Eleven Thousand and Three Hundred Dollars (S $11,300.00 Payment to made each Month as the work progresses to the value of One Hundred percent( 100 %) of all work completed. The entire amount of the contract to be paid with In 30 days after completion. Any allegations or deviation from the above specillicabom involving extra cast of material or.labor will be executed upon written order for same. and will become an extra charge over the sum merdrorred in this contract. All agreements must be made in wr". Authorized Signature I ACCEPTANCE You aro hereby authorized to fundsh alt materials and labor required to complete the work mentioned In the above proposal for which agree to pay the amount mentioned in said proposal and wcarding to the terms thereof. Date. Signature: Mar 21 08 11:43a Inte rated Interiors 2086392897 P.1 BID PROPOSAL INTEGRATED INTERIORS (W +1 "^ . ) 3313 W. Cheng Lane Meridian, Id. 83642 l 6 Integratedlnteiiors@yahoo.com ph. 208-936-1216 fax 2Q8-639-2897 License # 16721-C-3-4 (02950, 06100. 09110, 09500, 12019, 12490, 13970) RCT -20085 SUBMITTED 1097 N. Rosario 1 propose to furnish all materials and perform all labor necessary to complete the following, Section 12494 Roller Shades Provide Blackout Motorized Window Shades by Draper Inc. At Exterior Windows in Rooms 133 City Council Conf., 343 Mayor Suite, 346 9 ea. Total Window Shades 312 Idaho $ 10,700.00 , Conf. /J A✓/tsoo (J� tom/ _ �l�' iib An of the work to be wed in a substantial and wwkmantike marmw for the sum of Ten Thousand and Seven Hundred Dol ars (S $10,700.00 Paymca to made each !North as go work Progresses to tie value of One Hundred porcent ( 100 96) of all work complated. The entire amount of the =*ad to be paid with In 30 days after Corrolotidn. Any aRorattons or deviation frarn tris above 9peaf4atkm involving extra cam of material or labor wHl be executed upon written order for same, red wip become an extra charge over the mum mentioned m this contrite!. AD agreements trust be rude in writing. ACCEPTANCE You are hereby auttmxized to furnish an materiats and tabor required to complete the work mentioned in the above proposal for which agree to pay the amount ffmnVoned in said proposal and aiccordurg to the terms thareof. date: Signature: May 2, 2008 Department Report MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Finance Department ITEM NO. 6-01-3 REQUEST Change Order No. 1 with Custom Glass for a Not to Exceed Amount of $19,784.00 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green Date: 5/1/08 Re: May 6 City Council Meeting Agenda Item 0 -RE-1 I ,' `- �$y 01' 1�lerid an �i Clerk Office.- The ffice The Purchasing Department respectfully requests that the following item be placed on the May 6 City Council Consent Agenda for Council's consideration. Custom Glass Change Order #1 Additional work per Architect's Supplemental Instructions "ASI's #27. 38 39 51 65 and RFI 84 All work under this Change Order #1 will be completed pursuant to the existing Phase 3 Tenant Improvements - Interior Storefront and Glazing - contract dated July 17, 2007. Recommended Council Action: Approve Change Order #1 to Custom Glass for additional work for a Not -To -Exceed amount of $19,784.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 CITY OF MERIDIANI 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 01 PROJECT NO. CH406-001 DATE: 04108108 EFFECTIVE DATE: CONTRACTOR: CUSTOM GLASS PROJECT. MERIDIAN CITY HALL - Phase 3 Tenant Improvements The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 27, 38, 38.51, 86 and RF18 84 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Cham Order. Additional scope of revisions per listed Aers and RFI Attachments: Change Order Items Description, dated 418/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 68,678.00 Original Contract Times: Substantial Completion 8!28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 0 No._ to _ (calendar days) $_0_ None Contract Price Prior to this Change Order. Contract Times prior to this Change Order. (calendar days.or date) $68,678.00 8/28/2008 Net Increase (decrease) of the Change Order: Net Increase (decrease) of this Change Order. (calendar days or date) $19,784.00 None Contract Price with as Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $88,462.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION s) ACCEPTED: (cowTRA O. :Petra Inc. Custom Glass S)r Thomas R. Coughlin By: Julie Warwick Date: y Zy Data. f A D { tNGAGENT) COUNCIL APPROVAL ti)r: Keith Watts ttt.uuulplp,! �s , of Oats: � . 08 Date: APPROVED:(C ATTEST: ��• Ehlyr MayorT de W By: City Clerk, Jaycee Holman = fix" Dais: ,,, Q Date: ''''''��!!lUIIf 1t UtltltlNttt,�,, 323-4500 BOISE, IDAHO RCE -1875 POSED CHANGE ORDER No. 00001 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 a PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & RFI Pricing- Phase III DATE: 4/2/2008 PROSECT: Meridian City Hall 3013: 060675 TO: Attn: Julie Warwick CONTRACT NO: 21 Custom Glass 254 Loop Street Caldwell, ID 83605 Phone: 208-454-0340 Fax: 208-454-0391 RE: To: From. Number: **All taxes are included in costs** Item, U. nit IPrice. Taz Rath, ?ax Amount. Net Amount 00001 ASI#27 Door, frame & glazing rev (COR#2)- 1.000 $0:00 Change interior glass to Firelite at numerous LS $0.00 locations. Custom Glass quote 2/4/08 $0.00 00002 ASI#38 Security- card reader add (COR#5) 1.000 00003 ASI#39 Relocate window Ty Q @ council (COR#6) 1.000 00004 ASI#51 Window header detail (COR#7) 1.000 00005 ASI#65 Layout Rm 159 & 160 (COR#9)- Add 1.000 $64.00 glass, frame type G changes to Type E. Custom $0.00 $64.00 Glass quote 3/26/08 ($34.00) 00006 RFI#84 Ceiling heights (COR#10)- Reduce height 1.000 of glass, frame type L reduced from 11' to 10' at doors 115A & 151. Custom Glass quote 3/26/08 APPROVAL: By: Date: 4/// Iv/ ®le tea• Ung U. nit IPrice. Taz Rath, ?ax Amount. Net Amount Ls $19,754.00 0.00% $0:00 $19,754.00 LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 Ls $0.00 0.00% $0.00 $0.00 Ls $64.00 0.00% $0.00 $64.00 Ls ($34.00) 0.00% $0.00 ($34.00) Unit Cost: $19,784.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0,00 0% GC Markup: $0.00 Total. $19,784.00 By: `v UW1II VIaJ,7J Date: q _' L4` () Date: FPI Uornbard Conrad Architects MERIDIAN CITY HALL PROJECT NO: CH -06-001 CUSTOM GLASS - Phase 3 (21) CHANGE ORDER NO 1 CHANGE ORDER ITEMS 04/08/08 1 ASI 27 Door, Frame & Glazing Rev (COR#02) 19,754.00 Change interior glass to Firelite at numerous locations. Custom Glass quote 2/4/08 2 ASI 38 Security - Card Reader Add (COR#05) 0.00 3 ASI 39 Relocate Window Ty Q @ Council (COR#06) 0.00 4 ASI 51 Window Header Detail (COR#07) 0.00 5 ASI 65 Layout Rm 159 & 160 (COR#09) 64.00 Add glass, frame type G changes to type E Custom Glass quote 3/26/08 6 RFI 84 Ceiling Heights (COR#10) (34.00) Reduce hgt of glass, frame type L reduced from 11' to 10' at Doors 115A & 151 Custom Glass quote 3/26/08 19,784.00 Page 1 of 1 MERIDIAN CITY HALL PETRA INC PENDING_ CO ITEMS Custom Glass - Phase 3 (21) PCO #01 - ASI 1 ASI 27 Door, Frame & Glazing Rev (COR402) Change interior glass to Firelite at numerous locations. Custom Glass quote 2/4/08 ASI 38 Security - Card Reader Add (CORMS) ASI 39 Relocate Window Ty Q @ Council (COR#06) ASI 51 Window Header Detail (COR#07) ASI 65 Layout Rm 159 & 160 (COR#09) Add glass, frame type G changes to type E Custom Glass quote 3/26/08 RFI 84 Ceiling Heights (COR#10) Reduce hgt of glass, frame type L reduced from 11' to 1 Vat Doors 115A & 151 Custom Glass quote 3/26/08 Page 1 of 1 19,754.00 0.00 0.00 0.00 64.00 (34.00) 19,784.00 1 CommentslRemarks 04/01/08 • A -5t - a? Pteftr ' r Julie Wamftk Ext 103 AUm Tam ` -4 Fac ram 208-454-0391. M2MW C'tY H ASI 27- COR 2 04 FAY 2008 .o tk9at a Far Review O p Tom: Please find attached our break out of costs for ASl #27 this project, Please issue a change order at Your earliest Order Requestfor _ convenience'. Thanks.. i�.i i uvu� i � ANALYSES FILE NAME:NIFpmL4,N City HALL ASI 2MV JOB NAMC:11'ERWL4N Crry Eltlt L ASI 2 -MV **** PAGE # I **** #I NO #2_ U4" U4" FROM BE #2 #3 #4 #5 .SI #27 - Total Cost. Add $19,754.00 n6= AT N1 LIEU CUSTOM GLASS INC- - S N MORGAN 20S-454-0340 - FAX 391 Pint Page 1 - - -- 04-Feb4 2 I a�.r4 2 26 36 6M55.74 2 26 54 9.75 S. 2 14 7.00 $1 -74 _I 14 =-7.00 X02 1 I �a7 J �"V1f'�. M ANALYSIS `•vvaysvvvs FILE NAME:1 'AN CITY HALL ASI 210V JOB NAMEI(ER"AN CITY HALL ASI 27 REV **** PACE 9 2 **** D TO, [OND' PLUS BE CUSTOM GLASS 1N LDON MORGAN 21"5"340 - FAX 20&49 6CTiON BID �"s EEiA m 14 36 "X". 0 38 % SALES TAX MMIMSTRAToN LABOR N 1ARG OF PROFIT % ABOR COST THIS PAOE Fl"Vivi& ` syr Iri ttz .°Al 2 —'1 3 1 3 4 I U2/V4f-ZVUO I -*: A6 frAl ZU*4b4UZVI rll oI Lfw LYSIS , FILE NAME -:MERIDIAN CITY HALL AST *V JOB NAM&MMIAN CITY HALL AW 27 REV PAGE # 3 ��MAMC: 1 E 1 N 1: 1 TR1 !!AW!V1 Q�::: 12 HOURS ADDM .9-8 - REVISE FRA! READ TYPE "NI% 1/4* CLEAR GLAS I %IATERIAL COSTS 4mcm SAM TAX MADUMAMN LABOR 4AK(NN0F'PR0FIT% 'ABOR COST THIS PAGE CUSTOM GLASS IN 298-45"340 -FAX 208.44*3LDON MORGAN ID 04 -Feb -09 ;ECTIONB ADDEMUMS RECEIVED 12 mul ml Ell Iml mi ml ml ml on a Tom Coughlin From: Jon Anderson Page 1 of 2 Sent: Tuesday, March 18, 2008 7:24 AM To: Tom Coughlin Subject: RE: Missing Bid Items There are 10 locations at the exterior windows that will require an aluminum cap. Sheet A3.1T-D5. From: Tom Coughlin Sent: Tuesday, March 18, 2008 7:20 AM To:.Jon Anderson Subject: RE: Missing Bid Items Which windows need the wall caps? What do the wall caps need to be? TC I Coughlin , Manager a, Inc. 7 N. Rosario idian, ID 83642 ne: (208) 323-4500 Fax: (208) 323-4507 ail: tcoq&hlinQa petWnc.net This Comoninicolion contains proprietary business igjormotion and may contain cotodenttal informatio, If the reader of this message is trot the intended rectpte,g or the employee or agent responsible to deliver it to the intended reciple g you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If yyou have received this communication to error, please immediately destroy discard, or erase this information From: Jon Anderson Sent: Tuesday, March 18, 2008 7:16 AM To: Tom Coughlin Subject: RE: Missing Bid Items We need to add wall caps. Wall to exterior store front windows. From: Tom Coughlin Sent: Monday; March 17, 2008 4:33 PM To: Keith Watts Cc: Jon Anderson; Gene Bennett; Adam Johnson Subject, Missing Bid Items Keith 3/18/2008 Fage 2 of 2 This is a follow-up to our conversation last week regarding the items that are missing from the scope of work as bid. For various reasons the following items were not included in the original bid package scopes. 1. Exterior Painting — There was not exterior painting. package for Phase 2. It appears the intent was to include it in the exterior painting in Phase 3 with the interior painting but was not included in the bid package. The estimated cost for this item is $21,057. Commercial Painting is the Ph 3 painting contractor. 2. Hot Water Convection Heaters, CV 1-9 —These nine heaters where scheduled on the equipment schedule in the mechanical drawings, Sheet M6.0, but no specification was issued for the equipment. When the specifications were split between the HVAC and plumbing scopes of work for bidding purposes these nine heaters were not include in either bid package. Tfie estimated cost for these heaters is $7,064. This would be added to the scope of work for Buss, the Ph 3 plumbing contractor. 3. Aiphone Intercom System — The specification for the two-way intercom system was not included in the AN system bid package. The estimated cost for this work from. the AN contractor Aatronics is $5,142.69 4. Roller Shades — The information for the motorized roller shades was issued as ASI -73. The request for pricing was issued to Integrated Interiors, the supplier for the balance of the regular window blinds. The quote received for the ten blinds was $11,300. In all four cases we would recommend that this work be incorporated in the respective scopes of work by change order. Please let me know as soon as possible if we are authorized to proceed with this course of action. Thanks Tom Coughlin a jertoorj97 m Coughlin -Managers, Inc. N. Rosario eridian, '12 642 hone: (208) 323-4500 Fax: (208) 323-4507 -Mail: tcoughlin@petrainc.net This Communication contains proprietary busirresc informofi- and may cont -h coV?denad hformatiom Ifthe reader of this message is not the intended recipient. or the employee orogent responsible to deliver it to the intended recipient, you are hereby not#7ed that any dlsseminatton, distribution, or copying of this communication is strictly prohibited If you have received this communication in error, please immediately destroy, •discard or erase this iriJormwYom 3/18/2008 To: Petra 2re-ge-1 Jul`leWarwick Ext. 103 A11n: Tan Cogian pagew 1. Parc 208454-0391 No Meridian City Hal Dabx 26 March 2008 0 Urgent 0 For Review 0 1010040 coneusnt P1011se Rely 0 Please Recycle Following are responses to outstanding ASI's and RFI's. C.4Iz c� ASI 38 — No wst change since none of these are storefront. doors. • ASI 39— No cost change. Window is relocated with no other changes made. • ASI 51 — No cost change. Changes are. made around our frame not to our frame. GQj/Z �' • ASI 65 — Total add of $64.00. Changing the frame type in Office 159 from a Type G frame to a Type E frame added one piece of glass. 60+x. rt5 RFI 84 — Total credit of $34.00. Frame Type -U at Doors 115A and 151 only was reduced in height from 11'0" to 10'0". These are all of the outstanding issues to date other,than the revision to the Mayor's Suite that I am still working on. Please call if you have any querns. Thanks. Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green Date: 5/1/08 Re: May 6 City Council Meeting Agenda Item • ,' ,Ay � � 2006 City Of M eridiaya City Clerk Office The Purchasing Department respectfully requests that the following item be placed on the May 6 City Council Consent Agenda for Council's consideration. Custom Glass Change Order #1 Additional work per Architect's Supplemental Instructions "ASI #64 and RFI 96. All work under this Change Order #1 will be completed pursuant to the existing Phase 2 Core & Shell - Alum. Storefronts & Glazing - contract dated May 8, 2007. Recommended Council Action: Approve Change Order #1 to Custom Glass for additional work for a Not -To -Exceed amount of $2,137.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 a CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 01 PROJECT NO. CH4WO1 DATE: 04/0801 EFFECTIVE DATE: CONTRACTOR: CUSTOM GLASS PROJECT: MERIDIAN CITY HALL - Phase 2 Core & Shell Tia Contractor is hweeW directed to make the following changes from the Corr. ract Documents and Plains. Dmdpdm Mcorpolrab revhions per ASI 64 AND RR 9 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change order: AddRional scope or rrevislora per Ilsted ASI AND RFI At1aclianeeMs: Change order items description, dated 4MM, with contractor qu-" CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original ConlreCt Prim $295,321.00 Orlgblal Contract Times: Substantial Completion 8rAM Net changes form previous Change Orders Not changes form previous Change Orders No. 0 too No._ to — (calendar days) $0.00 None Contract price PrW to this Charge Order. Contract Tames prior to this Change Order (calendar days or dobe) $295,321.00 8/2&2008 Net Irc esse (dere) of this Change Order: Net Increase (decri ") of this Change Order: (calendar deys or date) $2,137.00 None Contract Price vtlth all Approved Change Orders: Contract Timrs with all Approved Change Orders: (celerider daye) $297A5;00 Substantial Completion 8/28/2008 INDEMMr( a; ai ACCEPTED: (CONTRAC Pwa Custom Glass Or. Thornes R, By: Julia Warwick y - Y, Data �'V /� COUNCIL APPRuI- AL I�AGENT) `Otttttlltll/1// or. Kam wan Dew �„',. /ti S Date: ei _ OF ATTEST: r APPROVED; (CITY) _ L q _ Ehr Mayor Tarnmdo Isin ®y: Cider. ,` aye Holman Date: S, b & Date: L r '. 'fie- tib • .�1`,`` nlln OPOSED CHANGE ORDER No. 00001 323-4500 BOISE, IDAHO RCE -1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & RFI Pricing- Phase II DATE: 3/21/2008 PROJECT: Meridian City Hall ]OB: 060675 TO: Attn: Julie Warwick CONTRACT NO: g Custom Glass 254 Loop Street Caldwell, ID 83605 Phone: 208-454-0340 Fax: 208-454-0391 RE: To: DESCRIPTION OF PROPOSAL **All taxes are included in costs** Item Description 00001 ASI#64 Front door closer (COR#8)- Labor to Install automatic operators that were not included in the original door hardware group. Custom Glass quote 2/1/08 00002 RFI#96 Drip flashing @ windows (COR#11)- Provide & install drip flashing at 22 storefront windows per Custom Glass quote 2/26/08. Profile per Petra (JA sketch date 2/26/08 APPROVAL: By: Date: E,g)edition From: Quantity Units 1.000 LS 1.000 LS Unit Price $960.00 $1,177.00 Number: Tax Rate Tax Amount Net Amount 0.00% $0.00 $960.00 0.00% $0.00 $1,177.00 Unit Cost: $2,137.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $2,137.00 By: "ustomGlass L mbjard Conrad Architects ` f:� C� Date: �1 I Coo MERIDIAN CITY HALL • PROJECT NO: CH -06-001 CUSTOM GLASS - Phase 2 (09) 04/08/08 CHANGE ORDER NO 1 CHANGE ORDER ITEMS 1 ASI 64 Front Door Closer (COR#08) 960.00 Labor to install automatic operators that were not included in the original door hardware group. Custom Glass quote 2/01/08. 2 RFI 96 Drip Flashing @ Windows (COR#11) 1,177.00 Provide & install drip flashing at 22 storefront windows per Custom Glass quote 2/26/08. Profile per Petra (JA) sketch date 2/26/08 2,137.00 Page 1 of 1 E D • • / r TO: Petra Ir>G FnMV Julie Warwick Ext 103 nmr Tom P"M 1 FMa ram 208454-0391 Cres Meridian City Hal oats 01 February 2008 11 urgent 0 For Review a Prose ConrmeetPleua Rept' 0 Plan" Recyals Tom: I subrrdtted spandrel color samples for this project on 17 January 2008 and have not received a color selection back yet. Please chek the status of this and let me know ASAP. • We spoke regarding the tar l ware issues for the storefront doors last week Please let me know if ABS sill be providing the surfte marded cosers for this project or If you %MU to accepting our pricing to provide them . i spoke to Stewart at ABS and he indicated that hardware had not yet been ordered for the storefront doors for this projed. I must send much of the hardware to the door manufacturer at the same time the doors are ordered so that they can install I on the door during fabrication. Please help me to expedite this hardware so that the doors can be ordered. Lead time for the factory to ship the doors once the order is placed and they have received the door hardware is 46 weeks. i ' • I submitted pricing of $960.00 on 15 January 2008 for the additional labor to install automatic operators that were not in the original door hardware group. Please let me know the status of this ASAP as well. Thanks for your help. o t � 6V; YqVA- • To: Petra, Inc. From Julie Warwick Ext 103 Attn: Wes Bettis PaQe= 3 Furca F*M 20"51-0399 Re; Meridian City Hall pate: 15 January 2008 ❑ uraant 0 For Review O Please Commit Please itelay ❑ Phi ROeyde l L3acM In October and November we discussed door hardware fbr Meridian City Hall Exterior doors #100A, 41006, #1000 and #10013. 1 submitted revised pricing for furnishing and installing six surface mounted LCN closers in reu of the specified floor closers. It appears that this got filed in an incorrect file and I forgot all about it. I apologize. 1 need to get these doors ordered ASAP. Since we have a standard clear anodized finish, lead time shouldn't be an issue with your schedule, but I want to get the order off my desk. Please verify that surface mounted have been. approved for these doors ASAP. I also submitted separate pricing at the same time for installing additional door hardware that was not included in the hardware schedule in the initial core and shelf bid. We need to finalize this issue as well. I have attached copies of both quotes. Please let me know how to proceed ASAP. I am sorry for the oversight and appreciate your expeditious help! ESTIMATE ANALYSIS FILE NAME :b,%P WIAN CITY HALL H.ATZDWATl . FILE NAME: metwDTAN CITY HALL Hmto wAR s *** PAGE # 3 ***R CUSTOM GLASS INC. - STIELDON MORGAN 209-454-0340 - FAX 208-454.0310 Print Page 3 SECTION DID PRODUCT DESCRYMION WIDTH I1V PT -SQ/FT C SR SQ UMTS it COST QUOTING ADDITIONAL LABOR TO INSTALL TIARDWARE THAT WAS NOT SPECIMI) WHEN CORE AND SHELL PACKAGE WAS Bib. HARDWARE SCHEDULE FOR DOORS KO 01QM 0100C AND 01001) WAS INCLUDED IN Tiff TENANT IWROVZAWNT PLANS. PLEASE NOTE THAT TIi1S COST WUX INCREASE IF FLOOR CLOSERS ARE NOT CHANGED TO SURFACE MOUNTED CLOSERS. LLAJlLi° w0,3 s -1v-! 19V20w l4" -V 4/Mb F12, c ✓1G1 G� - la MATERTAL COSTS 6 % SALES TAX ADMMSTRATION LABOR MARGIN OF PROFIT % LABOR COST THbS PAGE $960.00 TOTAL COST: $960.00 ®V� TOTAL T TIS PAGE $960.00 3 CK7; A a� '7 To: Petra, Inc. Fo Julie Warwick Ext 103 Amt: Jon Anderson p 1 Fac Fam 208-0540391 tm Meridian City FLA — Drip flashing oatm 26 February 2008 a urs a For Rovlew a Flame CoeniwntPkase wry 13 Plop Jon: As per our telephone conversation, following is a quote for window head drip flashing. • Fumish and Install window head drip flashing. per the drawing provided at 22 stordhxt windows. Total costfumished and insWHed: $1,177.00. Please let me know how you would Ince to proceed. Tharft. C�It V,nJI� �-Pl-ug V FEB -26-2008 10:11AM FRMA- 0 • FAX COVER SHEET From: Jon J Andemson Date., 2/26/08 To: Mr. Brent Pitts Company: LCA Fax Number: 3449002 Phone Number: Pages (Including cover shoot): 3 RE' RF/ 96, 97. Comments. T-537 P.001/003 F-721 The flashinoas Der our discu$slons will be 9—X.75"k.5" RECEIVED FEB 2 6 2008 LCA ARCHRE"' L.-V if you have any questions please contact me at (208) 860 7548 From the desk of.- Jon J Anderson Site Superintendent Meridian City Mali Meridian Idaho janderson@petraine.net Fax: (208) 888-0334 FES -26-2008 10:11AN PROM - T -537 P•002/003 F-721 REQUEST FOR INFORMATION No. 00096 1097 N. ROSARIO STREET • MERIDIAN ID 83642 • PHME; (208) 323-4500 • FAX: (208) 323-4507 TrME: Window Head Drip F7ashinq DATEI 2/26/2008 PRO3EC`r1 Meridian City Hall 309: 060675 Tor Attn: Steve Christensen LCA Architects, PA 1221 Shoreline Ln. RTAgTED: Boise, ID 83702 COMPLETED: Phone* 208-345-6677 Fax: 208-344-9002 REQUIRED: 3/4/2008 .�.. tit •. �_.. r r �'7T:'.'2" i5 P �Y P! r.-.L'"a`q g,,,,.i6°'ts �_. ame,s .. ,,. ., •• ,n• • t.'u:•sr:•r«•rJ..>. r.:1'.!'••••`�'•s�SL_:c-.-. ��•�+15=':fir o:"a..@95,ge.^w.iAe.P4•.K-s==�:n` Fs_°•i-: "n'�rli���a�.81� ..... li r.:=: •..: ASI 51 1s• the fix for the ~ - ; exposed beanLs at the 1st floor wings. The aUment of the thin brick to window frame is not quite what . the sketch shows. A head drip flashing will allow better protection from driving rain and snow. Please advise, Requests~.Peaorpcs� Signed; a = L ion arson Dater ... .......... • S' � •.:. ..L ....Y t' 4CJ....v� r T C.7n�� .+'—.9r��-i�•. ��f 'j.i��!'�' ^a mCm .i -- �i'.L�'. — � �•:. �, -. . Add flashing to head of these windows. Flashing per enclosed profile. Answered gY: LCA Archttecb, PA Damp 02-26-08 signed:_ a 0 May 2, 2008 Department Report MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Finance Department ITEM NO. 6-D-5 REQUEST Change Order No. 2 with Commercial Painting Contractors for a Not To Exceed Amount of $22,185.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See affached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green Date: 5/1/08 Re: May 6 City Council Meeting Agenda Item MAY j 1 2008 64Y Clerk Offfice The Purchasing Department respectfully requests that the following item be placed on the May 6 City Council Consent Agenda for Council's consideration. Commercial Painting Contractors Change Order #2 Additional work per Architect's Supplemental Instructions "ASI's #41, 44,60,65 68 69 and RFI's 68 & 70. All work under this Change Order #2 will be completed pursuant to the existing Phase 3 Tenant Improvements — Painting - contract dated July 17, 2007. Recommended Council Action: Approve Change Order #2 to Commercial Painting Contractors for additional work for a Not -To -Exceed amount of $22,185.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 u CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER 1 �HP,NGE ORDER NO. 02 � PROJECT NO. CH -06-001 DATE: 04/08/08 EFFECTIVE DATE: 1GONTRACTOR: COMMERCIAL PAINTING CON'RACTOPS PROJECT: MERIDIAN CITY HALL - Phase 3 Tenant ImDrovernents 7 Contactor In hwdW directed to make the fotlovAng ctwgps from the Can'- ^cr ocuments and Plans. niption: Incorporate revisions per ASrs 41, 44, 80, e8, 88.8! and RFPs 64. -1. Also Exterior Painting (C )r- 10) ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Changs Order: Additional wogs or revisions per listed,? !' , and F FP., Exterior Painting. Attachments: Changs order I'm w descrfl:Mon, dated 418108, with cc7-,tr- ctor CHANGE IN CONTRACT PRICE: CHAN CONTRACT TIMES: OfJbW COnbW Price $151,275.00 Original Contract Ti:. ws: substantial Completion 8128108 Net changes form previoiss Change Orders Net changes form previous Change Order; No. 0 to 01 No._ to — (calendar days) $2W•OO Nonn Price Prior to this Change Order: !$151,475.00 NO Increase (deemase) ofthis Change Ord- - $22,185.00 Contract Price with all Approved Change Orders: :173,660.0 (CONSTRUCTION Petra InQ GE .Y By: Thomas R goughjn '4 - Date: t1/,Jr-' l%eF .. D-1-yU ROVED.• (Cr�r,Y�,s� Mayor Tammy T ,es prig Lo this Change Order: days Or date. Not Iner;ac, (de °!his Charge Order. (Calendar day: or d: None Contract Tinnes v it -ii rproved Cham Orders: (Calendar days) SuSrst +n "W C iW, Lion 8128/2008 )R e' � ',al i Cont BY: K By: Ko' ° ' irtin p• Date: COUNCIL_ Nl, Date: ATi , Sy' Ci,, k,`. , ,an Dale: 323-4500 BOISE, IDAHO RCE -1875 PROPOSED CHANGE ORDER No. 00002 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI Revisions & Exterior Painting DATE: 3/25/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Keith Martin CONTRACT NO: 28 Commercial Painting Contractors, Inc P.O. Box 1115 phys: 16531 Plum Rd. Caldwell, 83607 Caldwell, Idaho 83606 Phone: 208-453-1898 Fax: 208-455-7537 RE: To: DESCRIPTION OF PROPOSAL **All taxes are included in costs** Item Description 00001 ASI#41 Delete shower Rms (COR#2)- COMPAI LS quote 11/26/07 00002 ASI#44 Revise wall section- MDF to Gyp board $195.00' (COR#3)- COMPAI quote 11/26/07 00003 ASI#60 Basement RR storage closets (COR#6). 0.00% COMPAI quote 2/7/08 00004 ASI#65 Layout Rm.159 & 160 (COR#7). COMPAI LS quote 2/7/08 00005 RFI#68 Clg @ lobby 111 & Rm.112 (COR#4) 00006 RFI#70 Clg/ duct conflict @ 142 (COR#5) 00007 ASI#68 Window addition @ Rm.311 (COR#8)- 0.00% Paint additional window frame. COMPAI quote $150.00 3/24/08 00008 ASI#69 Dr/soffit Rev Rms.234 & 240 (COR#9)- 0.000/0 Paint additional soffits 00009 Exterior Painting (COR#10)- Add painting for LS exterior elements not included in Phase 3 interior 0.00% package. To include exposed canopy steel & $0.00 decking, steel fascia at canopy, sunscreens, metal LS rods, window lintels, HM doors & frames. Based 0.00% on using polyurethane product & lift included. $200.00 Excludes prime paint, roof top mechanical units, LS mechanical lowers and items not listed. APPROVAL: By: Date: L/16 Expedition From: Number: Quantity Units Unit Price Tax.Rate Tax Amount Net Amount 1.000 LS $195.00 0.00% $0.00 $195.00' 1.000 LS $57.00 0.00% $0.00 $57.00 ' 1.000 LS $426.00 0.00% $0.00 $426.00' 1.000 LS $150.00 0.00% $0.00 $150.00 1.000 Ls $0.00 0.000/0 $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $200.00 0.00% $0.00 $200.00 1.000 LS $100.00 0.00% $0.00 $100.00 1.000 Ls $21,057.00 0.00% $0.00 $21,057.00 Unit Cost: $22,185.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $22,185.00 Ammercial Paint'.ng Contractors, In Lombard Conrad Architects Dater Date: l 06 0 i MERIDIAN CITY HALL PROJECT NO: CH -06-001 COMMERCIAL PAINTING CONTRACTORS - Phase 3 (28) 04/08/08 CHANGE ORDER NO 2 CHANGE ORDER ITEMS 1 ASI 41 Delete Shower Rms (COR#02) 195.00 ComPai quote 11/16/08 2 ASI 44 Revise Wall Sec - MDF to Gyp Bd (COR#03) 57.00 ComPai quote 11/26/07 3 ASI 60 Bsmt RR Storage Closets (COR#06) 426.00 ComPai quote 2/7/08 4 ASI 65 Layout Rm 159 & 160 (COR#07) 150.00 ComPai quote 2/7/08 5 RFI 68 Clg @ Lobby 111 & Rm 112 (COR#04) 0.00 6 RF1 70 Clg / Duct Conflict @ 142 (COR#05) 0.00 7 ASI 68 Window Addition @ Rm 311 (COR#08) 200.00 Paint additional window frame. Com Paint quote 3/24/08 8 ASI 69 Dr/Soffit Rev Rms 234 & 240 (COR#09) 100.00 Paint additional soffits 9 Exterior Painting (COR#10) Add painting for exterior elements not included 21,057.00 in Phase 3 Interior Package. To include exposed canopy steel & decking, steel fascia at canopy, sunscreens, metal rods, window lintels, HM doors & frames. Based on using ployurethane product & lift included. Exludes prime paint, roof top mechanical units, mechanical louvers and items not listed. 22,185.00 Page 1 of 1 0 0 Commercial Painting Contractors, Inc. 11/16/2007 P.O. Box 1115 Caldvmll, Idaho 83606 208/453-1898, Fax 208/455-7537 Federal ID # 82-0514299 RCE -- 3490 CHANGE ORDER REQUEST TO: Petra, Inc JOB: Meridiem City Hall 1097 N Rosario ASI -41 Meridian, Idaho 83642 .A.TT'N: Wesley Proposal for ftmuisbing material and labor in compliance of the fallowing specification& Bid includes: Deduct and add miscell=eous paint finishes per ASI -41. Total Add •-- O1NE HUNDRM NINETY-FWE DOLLARS & N01100 -----S19&00 Monthly progressive Billing to 95aiy and 5% upon completion. Workers Comp- and Liability insurance Cezticates on request, Public Works #14413-B-4(31.,36,44), Oregon CCB License #143050. Proposal good for 30 days. Acceptauttoe of Proposal Keith Marlin, Preddeat Pearl E. Martin, Sec/Treasurer Commercial Painting Cowaators, Inc, P.O. Box 1115 11/26/2007 Caldwell., Idaho 83606 ,-0 P- 208!453,1898, Fax 208/455-7537 Federal m # 82-0514299—';je7y� RCB -.3490 CHANGE ORDER REQUEST TO: Petra, Inc 1097 N Rosario Meridian, Idaho 83642 A TTN: Wes JOB: Meridian City Hall Proposal four material and labor in compliance of the fibDowiag sp=iFxcations. Bid.Inciudes: Add additional Paiaft per A,SI 44 and Cbavgc Order Request #003. 'Dotal Add - FIP Y-SLWEN DOLLARS & Noll 7.OA O Y progmwive Bim to 95V, and 5.% �n mnp1�,L W0*"s Comp. and Liability hmtn nee Certificates on request. Public Works .#14413-B.4(31,36,44), Oregon CCB Licem #143050. Proposal good frnr 30 days. Actance of Proposal 4� Keith Martin, President Purl & Martin, Sec/'Treasurer • ' • Comaner W Pacing Contactors, Inc. P.O. Box 1115 Caldwell, Idaho 83606 208/453-1898, Fax 208/455-7537 Federal ID # 82-0514299 RCE — 3490 CHANGE ORDER "QUEST TO: Petra, Inc JOB: Meridian City Hall 1097 N Rosario ASI -60 Storage Closets Mea Wwm, Idaho 83642 Basement Restrooms ATTN: Tom G6 t&,- A 04 ,46f .-6o 02/07/2008 Proposal for fumisbing md=W and labor in compliance of the Billowing �cificatiom Bid Includer Add paint finishes per ASI -60. �) Aolr � Tool Add FOUR HUNDRED it WRNW-M DOLLARS & NO/100--,%26.80 Mouft progressive Billing to 95%, and 5% upon completion. Wormers Camp. and Liability Msmwce Certificates on request. Public Works #14413-B-4(31,36,44), Oregon CCB License #143050. Proposal good for 30 days. Acceptance ofPmposl Keith Martin, President - Pead E. Martin, SeclTreamw 0 Commercial Painting Contractors, Inc. P.O. Box 1115 Caldwell, Idaho 83606 208/453.1898, Fax 208/455-7537 Federal ID # 82-0514299 RCE -- 3490 • 46ri 6so" 02/07/2008 CHANGE ORDER REQUEST TO: Petro, Inc JOB: Meridian City Hall 1097 N Rosario ASI -65 Room Layout 159 & 160 Meridian, Idaho 83642 Gd 0- � d� ATTN: Toro Proposal for furnishing material and labor in compliance of the following specifications. Bid Includes: Add paint ;wishes per ASI -65. Total Add — ONE ITMRED FH?TX DOLLARS & NO/1 $150.00 Monthly progressive Billing to 95%, and 50/a upon completion. Workers Comp. and UAW* Insurance Certificates on request. Public Works #14413-B-4(31,36,44) Oregon CCB Licetam #143050. Proposal good for 30 days. Acceptance of Proposal Keith Martin, President Pearl B. Mw ft Sec/Treasurer 0 • Commercial Painting Contractors, Inc, P.O. Box 1115 Caldwell, Idaho 83606 208/453-1898, Fox 2081455-7537 Foderal ID # 82-0514299 RCT — 3490 CAGE ORDER REQUEST TO: Petra, Inc 1097 N Rosario Meridian, Idaho 83642 ATTN: Tons JOB: Maidlaa City Hall Muddiao, Idaho Proposal for ftwi*ing material and labor in compliance of the following specificAafions. Bid Includes: Change Order Request #004. Total — No Cost Impact. Monthly progressive Billing to 95%, and 5% upon completion. Workers Comp. and Liahility Insurance Certifies on request. Public Works #14413-B-4(31,36,44}, Oregon CCB License #143050. Proposal good for 30 days, Acceptance of Proposal Keith Martha, President Pead T. Martin, Sec/T.xelasurer Commercial Painting Con dors, Inc. 12/20/2007 P.O. Box 11.15 Caldwell, Idaho 83606 208/453-1898, Fu 208/455-7537 Federal Ib # 82-0514299 R- 'as RCB — 3490 CHANGE ORDER REQUEST TO: Petra, Inc 1097 N Rosario Meridian, Idaho 83642 ATTN: Tom JOB: Meridian City Hail Merklian, XdAho Ptoposal for fvnshing material and labor in compliance of the following specifications. Bid Includes: Change Order Regacst #005. Total — No Cost Impact. Monthly. progressive Billing to 95%, and 5% upon completion. 'G eskers Comp. and Liability bL%m noes Certificates on request. Public Works #14413-B-4(31,36,44), Oregon CCB License #143050. Proposal good for 30 days. Acceptance of Proposal eith Maxti�p, President Peal E- Martin, sec/Treasum • Commercial Painting Contractors, P.O. Box 1115 Caldwell, Idaho 83606 208/453-1898, Pax 208/455-7537 Federal ID # 82-0514299 RCE.- 3490 in MAR 2008 CHANGE ORDER REQUEST TO: Petra, Inc 1097 N Rosario Meridian, Idaho 83642 A.TTN: Adam JOB: Meridian city Hall Meridian, Idaho 03/11/200 60 h- 4 Lb Proposal for furnishing maerial and labor in compliance of the following specifications, Bid Includes: Paint finishes to the following exterior items and HM doors and frames not on the tenant drawings: upper canopy steel members and decking, steel fascia at entry canopy, sunscreens, metal rods, windoo-wUntels, twenty-two (22) HM doors and frames. Lift rental included. Total Add - TWENTX-ONE THOUSAND, FIrry-SEVEN DOLLARS & NO1100- .� a X21,057.00 *Note: All priming done by others. *Excludes: Paint finishes to roof top mechanical units, mechanical louvers, and items not specifically mentioned in the above inclusions. *product to be used on exterior items = Columbia 04-400 Polyurethane Enamel. Monthly progressive Billing to 95%, and 5% upon completion. Workers Comp. and .Liability Insurance Certificates on request. Public Works 014413-8-4(31,36,44), Oregon CCB License #143050. Proposal good for 30 days. Acceptance of Proposal Keith Martin, President Pearl E. Martin, Sec/Treasurer • 0 Commercial Painting Contractors, Inc. P.O. Box 1115 Caldwe11,Idaho 83606 208/453-1898, Fax 208/455-7537 Federal ID # 82-0514299 RCB — 3490 CHANGE ORDER REQUEST TO: Petra, lne 1097 N Rosario Meridian, Idaho 83642 ATTN: ,Adam 03/24/2008 JOB: Meridian City Hall Proposal for furnishing material and labor in compiiance*of the following specifications. Bid includes: Add paint finishes per ASI #68. Total Add — TWO HUNUM DOLLARS & N0/1 Monthly progressive Billing to 95%„ and 5% upon completion. Workers Comp. and Liability Insurance Certificates on request. Public Works #14413-B-4(31,36,44Ol egon CCB License #143050. Proposal good for 30 days, Acceptance of Proposal Keith Martin, President Pearl B. Martin, Sec/Treasurer • 0 Commercial Painting Contractors, Inc. P.O_ Box 1115 Caldwell, Idaho 83606 208/453-1898, Pax 208/455-7537 Federal ID # 82-0514299 RCS? — 3490 CHANGE ORDER REQUEST TO: Petra, Inc 1097 N Rosario Meridian, Idaho 83642 ATTN: Adam 03/24/2008 JOB: Meridian City Hall Proposal for Furnishing material and labor in compliance of the following specifications. Bid Includes: Add paint finishes per ASI #69. Tota! Add — ONE HUNDRED DOLLARS & N0/1 $100.00 Monthly progressive Billing to 95%, and 5% upon comcpletiom Workers Comp. and Liability Insurance CertrFicates on request. Public Works #14413MB4(31,36,44), Oregon CCB License #143050_ Proposal good for 30 days. Acceptance of Proposal -, � W�' 0 zl� Keith Martin, resident Pearl E. Martin, Sec/Treasurer 03/11/2008 TUE 14;35 FAX 2(023 4507 PEM INC X001/001 08/11/2008 14:18 2884557537 Cor=ercial Painting Contractors, Inc. P.O. Box 1115 Caldwell, Idaho 93006 208/453.1899, Fax 208/455-7537 Federal 10 # 82.05147..99 RCE — 3490 COMMERCIAL PAINTING CHANGE ORDER REQUEST TO: Fare, 100 1497 N Rosario Meridian, Idaho 83642 ATTN: Adman IM: Meridian City Hall McMian, Idaho 03/11/2008 Proposal for lhrnishing material and labor in compliance of the following specifications. PAGE 01/91 Did Includes: Palet finishes to the following exterior iter►ts and HM doors and frames not on the tenant drawings: upper canopy steel members and decking„ steel Fascia at catty canopy, sUnstxeens, metal rods, window lintels, twenty-two (22) IM doors and framers. Lift rental included. Total Add — TWENTY- NZ THOUSAND, MT'Y-SEVEN DOLLARS & NO/1.00 "Note: All prhning done by others. *Excludes: Point finishes to roof top medhavkal units, mecham oW louvers, and itcM3 not specifically mentioned in the above inclusions. *Product to be used on exterior items = Columbia 04-400 Polyurethane Enamel, Monthly progressive Billing to 95%, and 50% upon completion. Workers Comp. and Liability Insurance Certificates on request. Public Works 414413-134(31.36,44), Oregon CCB License 0143050, Proposal good for 30 days. Aaoaptance of Proposal Keith Martin, President Peal E. Martin, Sec/Treasurer 0 MERIDIAN CITY HALL PROJECT NO: CH -06-001 BUSS MECHANICAL : Phase 3 (32) CHANGE ORDER NO 2 CHANGE ORDER ITEMS ASI & RFI Changes 1 ASI 40 Relocate Roof Drain Leaders (COR#03) 2 ASI 41 Delete Shower Rms (COR#04) - Delete plumbing fixtures in Rms 225 & 226 - Delete sink in Rm 142 Buss quote 11/15 3 ASI 45 Ceiling & Soffit @ Lobby (COR#06) 4 ASI 47 VAV - 1 st Floor (COR#05) 5 ASI 50 RA Duct & Wall Opng Rev (COR#07) 6 RFI 64 Sink @ 3rd Flr 5-E (COR#08) Buss quote 12/11 7 RFI 65 2nd Fir Dimension (COR#09) Buss quote 12/11 8 ASI 56 Rev Walls & Smoke Dampers (COR#10) 9 RFI 68 Clg @ Lobby 111 & Rm 112 (COR#11) 10 RFI 70 Clg / Duct Conflict @ 142 (COR#12) 11 RFI 71 Gas Meter & CU Loc's @ Dock (COR#13) 12 ASI 60 Storage Closets - Bsmt RR (COR#14) 13 ASI 65 Layout Rm 159 & 160 (COR#15) 14 RFI 84 Ceiling Heights (COR#16) 15 ASI 66 Lavatory Sensor (COR#17) 16 RFI 86 Water to Refrigerators (COR#18) Buss quote 2/19/07 17 ASI 67 Bsmt Shower Dimension (COR#19) 18 RFI 94 Chiller Support Beams (COR#20) 19 RFI 40 Reroute Roof Drains (COR#27) Add connection for RD and spout for OFD Buss quote 9/19/07 20 RFI 41 Waste & Vent Connection (COR#28) Add waste & vent connections per RFI -41 Item #2 - Additional waste item #3 - Additional vent Buss quote 9/19/07 21 Hot Water Convector Heaters, CV 1-9 (COR#26) Furnish & install nine hot water convector heaters not previously included in the bid package scope of work. Buss quote 3/5/08. Page 1 of 1 04/08/08 0.00 -5,226.00 -659.00 (5,885.00) 0.00 0.00 0.00 2,386.00 4I:YAIIV 0.00 0.00 0.00 203.00 0.00 0.00 0.00 0.00 2,872.00 0.00 0.00 2,525.00 2,543.00 1,407.00 1,136.00 7,064.00 $ 12,295.00 Nov 19 07 07:57a Buss Mechanical Services (208)562-0555 p.3 ll/UY/ZUU7 HI ii.o8 FAI Z08 0 4507 WRA INC � 19001/007 License # RCE 1875 FAX COVER SHEET From: WeS1eY w Bettis Jr. Date. 'I M/2007 To., Jd It rJ s Company: Fax Number: .5&24- a5 Phone Number. r ._._ ._C:Ztos?c-2 Pages (including cover sheet): Comments: i w (1�5 i )C>Ats �fLta , 11-6-6-7 f LA J17 From tire desk of.- 1097 N. Rosario St. Wesley W. Bettis Jr. Meridian, iU 83642 Project Manager Phone: 209-493-2747 wbettisfa`a cstraine.not Fax: 208-323-4507 This Contunnuiudion rwitainc pralwietary bufdam- OVOrmation and may contain eoufrdenliaf kfamafi0m If the reader of flak message i4 not lite fnteaded reelpieul, or the eatjrloyee or ascot rmionsiowe to denwr it to lite intended reelptertt, you are hrreinJ up,!ficrl that rt„y disaranluatiory dictr ba[Jpn, or +ol+,yfq of this commtmication is strictly prohlbited. If you have receiver! this roentaanicalion in error, please tonumewhatchi dostroy, d ward, or mase this information. Nov 19 07'07:57a Buss Mechanical Services (208)562-0555 p.2 1 Buss Mechanical Services Inc. Change Proposal 11/15/07 PETRA CONSTRUCTION Am Wesley Project: Meridian Ci„ q Hall Per ASI#41 Delete plumbing fixtures in rooms 225 and 226 credit $5,226-00 fixtures/labor/material (includes restocking fee for showers) *Delete sink in multi-purpose room 142 from S. section cabinets $659.00 Fixture/labor/material Exclusions: Sincerely, John Suss Buss Mechanical Project Manager CP #S Ph 208- 56?. -0600 Fs. 208- 562-0555 E-mail info@bussmechanical.com P.O. Box 190476 Boise, Idaho 83719-0476 Nov 19 07 07:57a Buss Mechanical Services (208)562-0555 p.1 • • Ah SUSS MECHANICAL SERVICES FAX TRANSMITTAL To Attn: Wesley Company: Pe—IrA Re: ReQi�,0 C. % Phone Date From: JOHN BUSS Fax Total pages including cover sheet: j /11 P.O. BOX i9o476 BOISE, ID 83719-0476. Phone 208-562-060o Fax 208-562-0555 mww.bussmechanica.l.com 0 Proposal Request BUSS Mechanical Services Inc. P.O. Box 190476 Boise, Idaho 83719-0476 12/11/2007 Petra Construction Att: Tom Coughlin Rp- CHANGE PROPOSAL REQUEST DEC 2 4 2047 RECEIVED JOB: Meridian City Hall JOB # 07132 Buss # 5 GC/ARCH. RFI#64 �� �rG - 6ab, 44 015 DESCRIPTION: Install waste, water to sink in office 309 near grid 5-E. ma /� � SDlB ✓� o QA�J�tS 4n- , G Material pipe valve& fittings $ 853.26 Equipment $ Expendables 20/6of labor $ 21.82 Tools Tax $_ 51.20 Installation 25.58 hrs $ 1,091.24 Material management $ Su rvision 0 hrs Supervision $ -- - Pro'ect Management 0.5 hrs $ 22.50 Subsistence $ - Cleanu $ - Warran /Asbuilts $ 18.00 Safety total $ 2,058.02 PERMIT TOTAL $ $ 72.03 2,130.05 SUBCONTRACTORS Insulation Temp.con Sheetmetal Other TOTAL $ 2,130.05 BOND OVERHEAD & PROFIT 12% TOTAL PRICE TOTAL REQUEST $ $ $ 255.61 2,385.66 2,386 EXCLUSIONS paint,concrete,electrical PROPOSAL BY John Buss PROPOSAL GOOD FOR 30 DAYS s 9 Category Size Item Desc Qty .Jl� r Ext FIXTURES sleeve 20 1 FIXTURES p-11 sink 1 '16.668 4 COPPER KLM -LEAD FREE 1/2" L -HARD TUBE '� 0.64 COPPER KLM -LEAD FREE 3/4" L -HARD TUBE - 0.8 COPPER KLM -LEAD FREE 1/2" 90 ELBOW CxC 4.8 COPPER KLM -LEAD FREE 3/4" 90 ELBOW CxC 9.76 1.68 COPPER KLM -LEAD FREE 1/2" CAPS 2 1.58 0.4 COPPER KLM -LEAD FREE 1/2" COUPLING 0.8 0.66 0.32 COPPER KLM -LEAD FREE 3/4" COUPLING 1 1.62 0.42 COPPER KLM -LEAD FREE 1/2" HANGERS 2 11.1 1 COPPER KLM -LEAD FREE 3/4" HANGERS 3 18.3 1.5 COPPER KLM -LEAD FREE 1/2" JOINTS -SOLDER 30 0 0 COPPER KLM -LEAD FREE 3/4" JOINTS -SOLDER 14 0 0 COPPER KLM -LEAD FREE Unsized SOLDER LBS -LEAD FREE 0.15 1.74 0 COPPER KLM -LEAD FREE Unsized PRESTOLITE B tank 0.03 0.58 0 COPPER KLM -LEAD FREE 3/4" x1/2' REDUCED TEE - BRANCH 2 -8.62 1.24 COPPER KLM -LEAD FREE Unsized POUNDS 0 0 0 COPPER KLM *LEAD FREE Unsized FLUX -2 Oz. CAN 0.15 1.16 0 COPPER KLM -LEAD FREE Unsized ABRASIVE CL6TH-25YD 0.01 0.06 0 C.I. SOIL NO.HUB 2" PIPE--C.I. NO HUB 18 67.32 1.08 C.I. SOIL NO HUB 2" 1/8 BEND 1 4.65 0.6 C.I. SOIL NO HUB 2" 1/4 BEND 1, 5.5 0.6 C.I. SOIL NO HUB 2" COMBINATION 1 8 0.9 C.I. SOIL NO HUB 2" WYE 1 7.05 0.9 C.I. SOIL NO HUB 2" HANGERS 2 8.6 1 C.I. SOIL NO HUB 2" COUPLING 20 -94.4 0 C.I. SOIL NO HUB 2" LONG SWEEP 1/4 BEND 1 11.8 0.6 C.I. SOIL NO HUB 2" x1-1/2' TAPPED SANITARY TEE 1 8.3 0.9 C.I. SOIL NO HUB 2" TEST TEE -LESS PLUG 1 6.7 0.9 C.I. SOIL NO HUB 2" RISER CLAMPS 1 6.4 0.3 GRAND TOTAL 853.26 25.58 ` NOU 27-t09Z 08:29PY ft0 l- • • i-Rl' TAMPS F-226 retr$ avorpo3 w REQt9$ ' FOR. UVOR�yra3'iO N To. OM4 9036 `iYY�. Bladmalft or. Phouti 2.0023-.4.500 '$olso., I.daho $3108 FM 2W323-4507 MIM 3edF1oor-0* * 5& DA :1U27MV PROJECT -.N €alien City RM •dogs 1 6. TO: Atla: Steve ChrWenwn DCA. AwWtaotst FA 1221 Shorelim Ln. ZTARMt %isku)- 83702 COWLE" D: -Phoo.f• $-345 667 7 YM 4-9002 RE QUMM lV 0V1 PER At �lte _3ed flees d �-E tiih-g cs�,w`�h o�sta0ry► �i�re � , �ve� meati waste a� a1�o M hhoV& .lam %kaQ,-,dg. W 41W In 7,77f COOT!, Provide the waste, vent, hot and cold water to counter sink in Open Office Area 309. The waste and water.services.to.this sink shall 'be located in the ceiling space below. The 11/2" vent from the sink shall be.run in the ceiling. of the Area. The sink shall be a P-11 stainless-steel self rimming countersink complete at specified. Note: Tthe waste provisions of this sink was shown on the original drawing on Sheet n-2.11.. However, the position of the sink is approximately 10' to the south. 1d less of 1-1/2" cast-iron no -hub will be` required.to rough -in this P-11 sink. See Sketches, SK -16 and SK -17 for specifics. BY: James Edison - - --- -- — Date: 11/29/07 Auawecnd 1.CA M& tft% PA Stoma i't�ais�i: STORE 221 5) (5.5 23 l WI -64 2" IN CEILING SPACE. 2 F'-1!_ s z CO 1 2a J FRC ROOM -, cou 231 23 wl-6. KEYNOTES G) o AND CW UP AND DOWN TO - A50VE AND ON •O- ' V M�IAN DATE: 11-29-07 CITY HALL �� � .roe # o r>I+ Enpineerhij Incorporated ', F � PLUMM FEVM� - PFFIM VSK-161 P2.11 SERVER 311 -64 _--ff- RFI -64 KEYNOTES � 4. 1/2" 120' AND GW UIQ FROM BELOW. MERIDIANDnrf: 11-42"7 0wm CITY HALL DRnwR sins Engineering Incorporated , � F (�M PLUMM REVM- -PfF" SK 17 P3.11 71 Proposal Request DEC 2 0 2007 BUSS Mechanical Services Inc.�. _¢� P.O. Box 190476 " Boise, Idaho 83719-0476- 1211112007 3719-047612111/2007 JOB: Meridian City Hall JOB # 07132 Petra Construction Buss # 6 GC/ARCH. RFI#65 Al t: Tom Coughlin Ro• f'-I-IANGE PRCIPC)SAL REO.l1EST DESCRIPTION: Diminution Veriflcation(relocate plumbing to allow for ductwork) �� I�i�o+�%fa✓ O�ar�i��OcJ - �L6CoaTa -n J`�v��,,,iL Material pipe valve& fittings $ 35.00 coredrill $ 255.00 Expendables 20/oof labor $ 3.41 Tools Tax $ 2.10 Installation 4 hrs $ 170.64 Material management $ - Supervision 0 hrs $ - Project. Management 0.5 hrs $ 22.50 Subsistence $ - Cleanu $ - WarrantybAsbuilts. $ 18.00 Safety total $ 506.65 PERMIT TOTAL $ $ 17.73 524.39 SUBCONTRACTORS Insulation Temp.con Sheetmetal Other TOTAL $ 524.39 BOND OVERHEAD & PROFIT 12% TOTAL PRICE TOTAL REQUEST $ $ $ 62.93 587.31 587 EXCLUSIONS paint, concrete,elechical PROPOSAL BY John Buss PROPOSAL GOOD FOR 30 DAYS I .: - MOV -29-4007 12:47PA FM fetus IRCOrporatod :Naha i .3,fOO. _ - ft=o; MO -323-4500 TrM& Dim#xton vinigvok-on PRomm. meri&m c* Hsli TO: Atta., $We oAtemn WA.ArohhcoW, PA 1221 Slwenno im, Bobc. ID -.83702 Ph6nO'. !W3 -45--W7 F=., 2M344 -"M. 7-310 P.60/002 F -M REQUEST FOR INFORMATION No* 00065 DAI%.: 1 IaMT JOB.- 060675 STARTED, COWLETED: R-EQUE =--. 12/540( ShadA2. I I T at gdd 3. G/H 4tminom i ben;M,% I? eoraect. TI. y 5. j. bo thmid.dtof ft Ming 0--Ovm SM21-5m to Ion& Thevftg*bwbcm.h ZkA at per u* 1pid IL It is nOW in &e HVAC *wt Way and Wpl IU W movaZ Please ac1�o., Son era 4- E5�5� Aunrared Bj-,LCA Aeddwcts, PA M2. - Bt*'*.—i &a C&.W*ww Dec 21 07 01t05e Buss Mechanical Services (208)562-0555 P.5 JL&/.L%f/4UU1 ffrW 113.0Z rAA ZU6 Woul retra inc. • tgjUU1fUU3 FAXED OEC 19 2W 323-4500 MW-%, MAM CMANGF, ORDER REQUFff. No. 00011, 1097H.ROSAPIOSTREEF - NERiDtA QM83642 0 PIJONe{Z 0}323-450D - FAX(208)323-4507 TKU RFI -68 Ceiling Lobby Ill & Rrn 112 DATE; 12/19/2007 PR03=-. Meridian City Hall 308; -060675 TO., Attn: John Buss CONTRACT NO: 32 Buss Mechanical PO BOX 190476 phys: 4471 S. Henry Boise, ID 83719 Phone: 208-562-0600 Fax: 208-562-0555 P.&I CDR To: AMWALL From: PETpA Number. owis RR -68 Ceiling In Rm 112 Is shown at 12W, due to conflicts with duct & sprinkler lines ceiling Is to be lower W IX -W AFF. DqmR ceiling soffit to be added at Grids 6 & 7 between G & H. See RFI -68 & RFI -68 SK -1. Unit Case $0.0c Unit Tax., $0.0c Lump Sum: *0A0 GC markup., $0.00 Lump Tax: $0.0c Total: $OAC APPROVAL, W. --:9 TOM Date: x2 Z/ ao.M.4; f oil John BussDaft / Dec 21 07 01:05p Buss Mechanical Services [208)562-0555 p.4 12/20/2007 THU 9:10 FAX 208 4507 Petra Inc. • [A 001/004 1097 N. ROSARIO STREET • MEDIAN. ID 83542 0 PHONE: Q ) 323-000 • FAX 5208) 323.4507 TITLE: RFI -70 Duct Conflict RM 142 DATE: 12/19/2007 PR03ECT: Meridian City Hall 308: 060675, TO: Attn: John Buss Buss Mechanical PO Box 190476 phys: 4471 S. Henry Boise, ID 83719 Phone: 208-562-0600 Fax: 208-562-0555 CONTRACT NO: 32 RE: CDR To: AMWALL Frain pETRA Number. 00016 bN>? PRIOR 1.7iF5►tiifIQTZ . �.•.:::r; = :W; � �� �:: <<:••._::=-=.�'t RFT-70 The return air duct at Rm 142 is below the schedule ceifirig height Sottom of the beam is at 1T-2", bottom of the duc Is 11'-10", ceiling is at 12'-88. Enlarge soffit over millwork to allow duct to Jog up to bottotm of floor beams, reduce depth of duct to 12#. Ref. RFI 70 with SK -1 attached, Sheet A7.12T, M1.12. Please review and response in 5 working days. APPROVAL: Tom Coughlin Data. Fa?, id= 0 Unit Cost: $0.0( Unit Tax: $0.0( Lump Sum: $O.Ot GC markup: $0.0( Lump Tax: $0.0( Total: $0.01 LIM Date: �/ j G l / c,, -p 7 Dec 21 07 01:02p Buss Mechanical Services (208)562-0555 p.2 Proposal BUSS Mechanical Services Inc. P.O. Box 190476 Boise, Idaho 83719-0476 1212112007 Petra Construction Att: Tom Ree CHANGE PROPOSAL REQUEST Request JOB: Meridian City Hall JOB # 07132 Buss #8 RFI -71 AF ;Z/604 X0/3 DESCRIPTION: Extra piping for relocated gas meter Material pipe valve& fittings $ 43.00 Equipment $ - Expendables 2%of labor $ 2.04 Tools Tax $ 2.58 Installation 2.12 hrs $ 101.76 Material management $ - Supervision 0 hrs $ - Project Management 0.5 hrs $ 22.50 Subsistence $ - Cleanup $ - Warran /Asbuilts $ Safety total $ 171.88 PERMIT TOTAL $ $ 6.02 177.89 SUBCONTRACTORS linsulationITemp.co Sheetmetal Other I TOTAL $ 177.89 BOND OVERHEAD & PROFIT TOTAL REQUEST 12% TOTAL PRICE $ $ $ is 3.56 21.35 202.80 203 EXCLUSIONS CONCRETE PAINT PROPOSAL BY John Buss PROPOSAL. GOOD FOR 30 DAYS 01 '008 SON 16:08 FAX 208 34507 Petra Inc. 12001/004 CHANGE ORDER REQUEST kNo. 00014 ,46� -6 � IWI N. KU5MO STREET 0 MERMW ID 83642 0 Mote- M 323-4= * FAX (48) 323-4507 ITrW: ASI -60 Storage Oosets - Bsmt RR's DATE: 2/2/2008 PR03ECr., Meridian City Hall 308: 060675 TO: Attn: John Buss CONTRACT N0: 32 Buss Mechanical PO BOX 190476 phys: 4471 S. Henry Boise, ID 83719 Phone: 208-562-0600 Fax-, 208,562-0555 RF-* COR To., ABS From: PEM Number. o00W z., ASI -60 Storage Closets - Basement Resbx)oms;. Sheet A2.01T.- In Women's 019 and Merfs, 022 add a door at the nkhe, adjacent to the countertop, to create a storage closet per end0sed sketch SK -1. Fiffth Interior walls and Ceffing of storage closet with painted gypsum board ceiling height Is to be 9'-6". Floor finish Is to be ceramic We to match the resbmms. Sheet AMOT: Add doors 019A and 022A to the door schedule per enclosed sketch SK -2. Review and response with any Impacts to your scope of work within rive wc)rking, days. Unit cost: $0.00 Unit Tac $0.00 Lump Sum: $0.00 GC markup: $0.00 LUMP Taw. *0A0 Total: $0600 APPROVAL. -,,IV" BY. Date: Dake I - d SSSO-29S(802) SOOTAJOS JeOlUet4DOW s.snH dsc:uo so So qa 6 /2008 MON 18:12 FAX 208 32507 Petra Inc. I* Q 001/003 IWI AL RUSAMO STREET 0 MSMIM, M MQ * PHONE 1208) 323-4500 - FAX- M 323-4507 TITLE: ASI -65 ROOM LaYOUt 159 & 160 DATE: 2/212008 PR03ECr-. Meridian City Hall - 308: 060675 TO: Attn: John Buss CONTRACT NO: 32 Buss Mechanical PO BOX 190476 phys: 4471 S. Henry Boise, ID 83719 Phone: 208-562-0600 Fax; 208-562-0555 RF-, CDR TO: AM From: PETRA Number: 0OW9 WWI - 10. ASI -65 Room Layout at Offices 159 & 160. Sheet A2.12T- At WM 159 revise the WYOUt and revise window frame Mx to be E per enclosed sketch SK -1. At Purchasing Manager Office 160 revise the layout and reverse Window flame type F per enclosed sketch SK -1. Review and response with any knpacts to your scope of work within five working days. Unit Cositi. 4&00 Unit Two $0.00 Lump SL=: $0.00 GC markup: $0.00 LunWTa= $0.00 Total: $0.00 APMOVAJ�-*�,4,,�� By: TOM,< Jobn B" Date: G990-R9G(802) S801FAJ8S.jeOTUe4O8W ssnEl dge:ao 80 go qa Feb 19 08 11:35a Husshanical Services 208-56555 02/13/2006 WW 16:28 FAX 208 3IW507 Petra Inc. CHANGE ORDER REQUEST No. 00017 323-4500 BOISE, IDAHO RMM CKX fsoLm ,!1 - l( 1097 N. ROMO STREET * MERIDIAN, M 83642 • MOM (208) 323-4500 • FAX: (208) 323-4507 T ill..En ASI -66 Lavatory Sensor DATE: 2/12/2008 PROJECT: Meridian City Hall 308%.060675 TO: Atlas: John Buss CONTRACT NO: 32 Buss Mechanical PO BOX 190476 phys: 4471 S. Henry Boise, ID .83719 Phone: 208-562-0600 Fax: 208-562-0555 RE: Ta: From: Number: D.ESCRIP�.I�� �AF. �i.+DPOSAL' ' `•:.,�: � . :.. ,= `'° =. . •- Y .... _ _ = .. ... -. - .. :... , " . .. -. • .. ...... _ . ASI -66 Lavatory Sensor. Reference Specification Section 15440, LavatoryP-4, Revise sensor operation on P-4 Lavatory to be battery operated in lieu of electric transformer operated. Review and respond with any change to your seope within five worldng days. Unit case: $0.00 Unit Tax: $0.00 Lump Sum: $0.00 cc markup: $0.00 Lump Tax: $O.00 Total: $O.00 APPROVAL: syr Tom Cou&bffo Date: F.xpe6i - By: Date: /,/ ^ Feb 18 08 03:11p Buss Mechanical Services 208=562-0555 • s LAW Proposal BUSS Mechanical Services Inc. P.O. Box 190476 Boise, Idaho 83719-0476 2/19/2008 Petra Construction Att: Torn Re: CHANGE PROPOSAL REQUEST Request JOB: Meridian City Hall JOB # 07132 Buss #9 RFI -00086 p.2 change order request #00018 DESCRIPTION: Run domestic water to 7 -refrigerators Material pipe valve& fittings $ 760.09 Equipment $ _ Expendables 20/oof labor $ 31.99 Tools Tax $ 45.61 Installation 33.32 hrs $ 1,599.36 Material management $ _ Supervision 0 hrs $ - Pro'ect Management 0.5 hrs $ 22,50 Subsistence $ _ Cleanup $ - Warran /Asbuilts $ 18.00 Safety total $ 2,477.54 PERMIT TOTAL $ $ 86.71 2,564.26 SUBCONTRACTORS Insulation Temp.con ISheetmetal Other TOTAL $ 2,564.26 BOND OVERHEAD & PROFIT TOTAL REQUEST 10% TOTAL PRICE $ $ $ r$2,872 51.29 256.43 2,871.97 EXCLUSIONS PROPOSAL BY John Buss PROPOSAL GOOD FOR 30 DAYS Feb 18 08 03:11p Buss Mechanical Services 208-562-0555 Category Size Item Desc Qty Mat Ext Lbr Ext FIXTURES ice maker box 7 455 6.3 COPPER KLM -LEAD FREE 112" L -HARD TUBE 49 117 1.96 COPPER KLM -LEAD FREE 112" 90 ELBOW CxC 28 30.52 10.08 COPPER KLM -LEAD FREE 314" ADAPTER CxF 7 20.83 3.36 COPPER KLM -LEAD FREE 112" BALLtVLV SWT 150 2PC 7 70.2 2.8 COPPER KLM -LEAD FREE 112" COUPLING 2.45 2.03 0.98 COPPER KLM -LEAD FREE 112" HANGERS 7 38.85 3.5 COPPER KLM -LEAD FREE 112" JOINTS --SOLDER 82 0 0 COPPER KLM -LEAD FREE 314" JOINTS—SOLDER 21 0 0 COPPER KLM -LEAD FREE Unsized SOLDER LBS -LEAD FREE 0.31 3.72 0 COPPER KLM -LEAD FREE Unsized PRESTOLITE B tank 0.06 1.24 0 COPPER KLM -LEAD FREE 314" x112" REDUCED TEE - BRANCH 7 18.1 4.34 COPPER KLM -LEAD FREE Unsized POUNDS 0 0 0 COPPER KLM -LEAD FREE Unsized FLUX --2 OZ. CAN 0.31 2.48 0 COPPER KLM -LEAD FREE Unsized ABRASIVE CLOTH 25YD 0.01 0.12 0 GRAND TOTAL 760.09 33.32 p.3 UJ/ 00f LUDO L.L.GO GU OJOLV JJJ f.n.1J,•� 1-�" Pp �y�n..� tiq �p uzi,zeizuuan•inu a:ov FAX No aza sour reura inc. 1 P•IbU� if Yi qy uuir uua CIMNGE ORDER REQUEST kIftt No. tNN19 1(323-4500 1 1301M W&W AmeAaiL �®�s R 1875 G%�F+Ii� X -f CC—fb CTOR9 1091 N. ROSA= S MET • MMM, ID 83542 • PHONE, (M 323-45M • FAX: 32.3-4507 '!`t'f.E: ASI -67 Bsmt Shower ©imersions DATE: 2/15/2M PROUff Meddlan City Hail JOB: 060675 TO: Attn: John Buss CONTRACT NO: 32 Russ Mechankal PO BOX 190476 Phys: 4471 S. Henry Boise, ID 83719 Phone; 208-562-0600 Fax: 208,562-0555 M. ODR T0. AiMWAtL Froru: PETRA Number: 00021 .+.,1.T•iy .. ..tip. ASI -067 Ba Shower Dunersiom. Revise the lran*V dnenslons far the shoavers at Shower Rooms 021 and 024 per the encbsed SK -1. Ref: Sheet A6.0. Please reel and response with any change to your scope of work Wd:hin five working days. Respond even if this is a no cost cJmp indicaft any impact to the project duration. Unit $0.00 UnitTa= woo tamp Swm; $0.00 GC matttup; ".00 Lungs Tic $0.00 Tort: $0,00 AmeAaiL �®�s rCY LY UV 11 . TJa YY» IIC <.IIOI11 V01 JCI V 1 VC.� LVV JVL VJJJ r.r. y VG/Lzf/LUNO tuts ia: iL PAA ZU5 ZZ340W Petra inc. I�jOQl/o0� CHANGE ORDER REQLiEST No. 00020 r xo� so�.m ti Q - , p ql ---- c� s 1097 N. ROHM STPEET " MIM IM, ID 83642 • PHONE: (208) 323-45W 0 FAX: 2M 323-4507 TITLE: RR 094 Chiller Support Beam DATE: 2/19/2008 PROJECT: Meridian CU Hail 308: 060675 TO: Attn: Jahn Buss CONTRACT NO: 32 Buss Mechanical PO BOX 190476 phys: 4471 S. Henry Boise, ID 83719 Phone:208-562-0600 Fax: 208-562-05!i5 RE: CDR To: RULSM From: PETRA Number 00007 �ESCR�P.'!'I�3N'itiiF-:PR�PI7S�IC�':". .'" .,.. , .. ::- •f::,::.:- - _ .._ •. RFI -094 The chiller as supplied is 29'-11" Fr long, larger than the specified unit The support posts are approx 231 oc. The Trane rep indicates that the chiller will require supports different than what is shown on Sheet 52.42. The required supports are shown on the attached sheet. W11 a wide flange beam work to support the chiller. Please advise. Per LCA response dated 2/18/08. Provide a W6X15 beam x unfit length (29'-11") + 6" on each end. The 301-11" length should be centered over the 22'-1" span of tate existing posts, It should cantilever about V on each end. The W6 beam can be weld to the cap plates on the pow provided. Then the feet on the unit can be boibed, slightly of center to the flap flange of the beam. No additlonal posts need W be provided. Please review and response with any change in your scope of work within five working days. Unit Costa $0-06 Unit Tax. $0.00 Lump Sum: $0.00 GC markup; $0.00 Lump Tax: $0.00 Total: $OM G.461�P-0 L Ir" APPROVAL: Y r� IMW Z// 9 hz haat. f• Proposal Request BUSS Mechanical Services Inc. P.O. Box 190476 Boise, Idaho 83719-0476 9/19/2007 PETRA CONSTRUCTION Att. WES Re: CHANGE PROPOSAL REQUEST L JOB: MERIDIAN CITY HALL JOB # 07132 Buss # 1 GCIARCH. CP# . cogo DESCRIPTION: Price per RFI 00040 routing of the roof drainsf j� t e Z Material pipe valve& fittings $ 899.65 Equipment $ Expendables 2%of labor $ 17.90 Tools Tax $ 53.98 Installation 18.65 hrs $ 895.20 Material management $ - Supervision . 0.2 hrs $ 7.00 Project Management 0.2 hrs ' $ 9.00 Subsistence $ - Cleanu $ - Warran /Asbuilts $ 18.00 Safe total $ 1,900.73 PERMIT $ TOTAL $ 66.53 1,967.26 SUBCONTRACTORS Insulation Tempxon Sheetmetal insulation Other $ TOTAL $ 287.00 2,254.26 BOND OVERHEAD & PROFIT TOTAL REQUEST $ 10%.$ TOTAL PRICE $ $ 45.09 225.43 2,524.77 2,525 EXCLUSIONS concrete, paint, sheetrock, roofing, PROPOSAL BY John Buss PROPOSAL GOOD FOR 30 DAYS 7/ c+/ %j/ ems.. - a:40uu1Q(.G i•uc i I1%,UA6 07132-5.1 (company name) 9/21/07 (address 1) 07132-5.1 (address 2) 9/18/200711:41:10 AM (address 3) COMM MECH PHCC/f _ (phone #) 3" (fax #) 3 3" (e-mail) Blom FIXTURES C.I. SOIL NO ... 3" C.I. SOIL NO... 3" C.I. SOIL NO ... 3" C.I. SOIL NO ... 3" C.I. SOIL NO ... 3" C.I. SOIL NO ,.. 3" C.I. SOIL No ... 3" Primary Pricing Primary Labor 3" DUWN SPOUT... 1.00 ea 123.00 1.00 123.00 1.0000 1.0000 1.00a 5" CORE THROUG... 1.00 ea 290.00 1.00 290.00 1.0000 1.0000 1.00c PIPE--C.I. NO HUB 40-00' 3.87 1.00 154.80 0.0700 1.0000 2.8oc CLEANOUT W/PL... 1.00. ea 112.00 1.00 112.00 1.0500 1.0000 1.05c COMBINATION 1.00 ea 8.34 1.00 8.34 1.0500 1.0000 1.05c SANITARY TEE 1.00 ea 7.97 1.00 7.97 1.0500 1.0000 1.05c COUPLING 22.00 ea 5.09 1.00 1x1.98 0.3500 1.0000 7.70c LONG SWEEP 1/4 ... 2.00 ea 16.88 1.00 33.76 o.7000 1.0000 1.4.oc RISER CLAMPS 4.00 ea 14.45 1.00 57.8o 0.4000 1.0000 1.6oc 11.-4?AM FM FOXWE016 UTION REQUUT 14-6. womo o :r At IM -F nsL�FM- ; 9 .PR=Cft VA ��a SO klo!i Z. !T5 at Mechanical Response RR 00040 Yes. Provide 4" Down Spout Nozzle @ 18' AFF on bFL and 4:0 CdTG on RDL at 24". below -finish -grade. By: James. Edison Date: 9) t3 07 Igo it .1 W.- --.- Proposal Request BUSS Mechanical Services Inc. P.O. Box 190476 Boise, Idaho 83719-0476 9/19/2007 PETRA CONSTRUCTION Att: VMS Qo• r_WeNrZP PRnPASeL REOUFST DEC I 2007 JOB: MERIDIAN- CITY HALL JOB # 07132 Buss # 2 GC/ARCH. CP# "er-f' 1 e012 DESCRIPTION: per RFI 00041 Item # 2 mechanical response i9AA"�L 'A0Price WCL Material i e valve& fittings $ 254.76 Equipment $ Expendables 2%of labor $ 13.82 Tools.. Tax $ 15.29 Installation 14.4 hrs $ 691.20 Material management $ - Supe.rision 0.2 hrs $ 7.00 Pro'Management 0.2 hrs $ 9.00 Subsistence $ - Cleanu $ Warran /Asbuilts $ 18.00 Safety total $ 1,009.07 PERMIT TOTAL $ $ 35.32 1,044.39 SUBCONTRACTORS Insulation Temp.con Sheetmetal insulation Other TOTAL $ $ 212.00 1,256.39 BOND OVERHEAD & PROFIT TOTAL REQUEST 10% TOTAL PRICE $ $ $ $ 25.13 125.64 1,407.15 1,407 EXCLUSIONS concrete, paint,sheetrock, roofing, PROPOSAL BY John Buss PROPOSAL GOOD FOR 30 DAYS 22/07 �omnmeu An - r suiulate rue rriciug '132-5.2 (company name) 22/07 (address 1) 132-5.2 (address 2) 18/20071:46:03 PM (address 3) )MM MECH PHCC/f _ (phone #) (fax #) P E Primary Pricing (e-mail) • %,' Primary Labor C.I. SOIL NO ... 4" PIPE--C.I. NO HUB 30-00' 4.56 1.00 136.80 0.0800 1.0000 2.400 ..C.I. SOIL NO ... 4" SANITARY TEE 2.00 ea 9.8o .1.00 19.6o 1.20.00 1.0.000 2.400 C.I. SOIL NO ... 4" BLIND PLUG 1.00 ea 7.30 1.00 7.30 0.4000 1.0000 0.400 C.I. SOIL NO ... 4" COUPLING 20.00 ea 4.10 l.00 82.00 0.4000 1.0000 8.000 C.I. SOIL NO ... 4" RISER CLAMPS 3.00 ea 3.02 1.00 9.o6 0.4000 1.0000 1.200 • Pr®posal Request BUSS Mechanical Services Inc. P.O. Box 190476 Boise, Idaho 83719-0476 9/19/2007 PETRA CONSTRUCTION Att: WES oe. rwAur9: DRnDnCel RF(JIIFST DEC 2 0 2007 RECEDVIE'Al) JOB: MERIDIAN CITY HALL JOB # 07132 Buss # 3 GC/ARCH. CP# 2.1.t - q/ G,t' DESCRIPTION: Price per RFI 00041 Item # 3 mechanical response �J17e�i70'9L 9 ,J Material pipe valve& fittin s . $ 154.70 Equipment $ - Expendables 2%of labor $ 11.81 Tools Tax $ 9.28 Installation 12.3 hrs $ 590.40 Material management $ - Supervision 0.2 hrs $ 7.00 Proiect Management 0.2 hrs $ 9.00 Subsistence $ - Cleanu $ - WarrantylAsbuilts $ 18.00 Safety total $ 800.19 PERMIT $ tOTAL $ 28.01 828.20 SUBCONTRACTORS IlnsuiZ3rmp.conlSheetmiiiFMOer insulation $ TOTAL $. 186.00 1,014.20 BOND OVERHEAD & PROFIT TOTAL REQUEST $ 10% $ TOTAL PRICE $ $ 20.28 101.42 1,135.90 1,136 EXCLUSIONS concrete, pains, sheetrock, roofing, PROPOSAL BY John Buss PROPOSAL GOOD FOR 30 DAYS y/ W31 u'/ wututur1u tut - r suu uLr1 ruc r ii%;iug 07132-5.3 (company name) • 9/23/07 (address 1) 07132-5.3 (address 2) 9/18/20071:53:38 PM (address 3) COMM MECH PHCC/F _ (phone #) (fax #) (e-mail) Primary Pricing Primary Labor C.I. SOIL NO ... 2" PIPE--C.I. NO HUB 30-00' 2.45 1.00 73.50 C.I. SOIL NO ... 2" SANITARY TEE 2.00 ea 5.32 1.00 io.64 C.I. SOIL NO ... 2" COUPLING 24.00 ea 2.34 1.00 56.16 C.I. SOIL NO ... 2" LONG SWEEP 1/4... 1.00 ea 3.45 1.00 3.45 C.I. SOIL NO... 2" RISER CLAMPS 3.00 ea .3-65 1.00 10.95 o.o600 1.0000 1.8o0 o.9000 1.0000 1.8oa 0.3000 1.0000 7.200 o.6000 l.0000 o.6oc 0.3000 1.0000 0.90C SEf-12-20Q7 11 47A9 FRS . fits: -Aids"S V64 Mama Wk O F.e - WO O"'Ov. �_o- ...�: .ate,4-�> c 7.7-5 It- /d Mechanical Resaonse RFI 00041 Item 1: Connect to Ys" CW and HW water supplies to P-11 sink at Grid B/D at about Grid 8/E. Item 2: The 4" waste stack down on column WE is intended for future convenience. Provide a 4" capped waste tee in 2"d floor ceiling space. Extend 4" waste stack up in column with.a 4" vent stack up a thru the 3`d floor and provide a 4" VTR. Provide a 4" capped vent tee in 3rd floor ceiling space. The 2nd floor fixtures do connect to this 4" waste stack in the V floor ceiling space. See Sheet P1.12. Item 3: Rise the 1-1/2" vent up in column to 3`d floor ceiling space. Connect to 2" vent system from the P-11 sink above. By: James Edison Date: 9)13/07 IV t-. q.i/ qb/LggG q�: `L t [gG�bLq�b� i31J55 Mtl,7'WN1l�HL 5f<V I''Hl7t q11 q1 BUSS MECHANICAL SERVICES FAIX TRANSMITTAL To ttn: Co"e-- Cob L Pany. k?e,cra Re:aiav,) Cit, 010. 2�, From: John Buss cv - f- 9 - GOWL140Ml.AS SWOwuJ ao-) ,414 , 0 ie Pax [ pages including cover sheet: Thank you. �E 6 04-1 —'ex, , Ala- xr(5kupiem m ..4d'0 'r&n- 'tw r—ac' A461 vi'ofj P.O- BOX 190476 BOISE, ID 83719_0476 Phone 208-562-o600 Fax 208-562-0555 www.buagmqLhanigai.com 03105/2@08 09:27 2085620555 BUSS MECHANICAL SRV PAGE 02/02 0 1-0 Proposal Request BUMechanical Services Inc. P.D. x 190476 Bois®,, Rho 837+194476 Construction T E PROPOSAL REQUEST and Install 9 hot water convectors 1 0 hrs 0.2 hrs JOB: Meru than City Wall JOB 8 Oi132 Buss 011 GCIARCH. CP# & PROFIT $ 126.16 10% $ 630.73 Tc --r TOTAL_ PRICE $ 7,064.14 paint, block, sheetrock,electrical,temperature controls BY FOR 30 DAYS 0 0 May 2, 2008 Department Report MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Finance Department ITEM NO. 6-D-6 REQUEST Change Order No. 2 with Buss Mechanical for a Not to Exceed Amount of $12,295.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent V" CC: Tara Green Date: 5/1/08 Re: May 6 City Council Meeting Agenda Item C'tY Oftler diax, LCU,I Clerk_ office - The Purchasing Department respectfully requests that the following item be placed on the May 6 City Council Consent Agenda for Council's consideration. Buss Mechanical Change Order #2 Additional work per Architect's Supplemental Instructions "ASI's" #04,41,45,47,50,56,60,65,66,67 and RFI's 64 65 68 70 71 84 86,94,40 & 41. Plus Hot Water Convector Heaters CV1-9 All work under this Change Order #2 will be completed pursuant to the existing Phase 3 Tenant Improvements — Plumbing - contract dated July 17, 2007. Recommended Council Action: Approve Change Order #2 to Buss Mechanical for additional work for a Not -To -Exceed amount of $12,295.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 0 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER 0 ORDER NO. 02 r 0 NO. CH4)6-001 _ [ E DATE: CONTRACTOR: BUSS MECHANICAL PROJECT: MERIDIAN CITY HALL -Phase 3 Tennant Improvements & : iEF The Contractor Is heroby diraaisd to make the foilo, -Ing changes from the Co, ,tra, t D, Descirlpillon. Incorporate revlsiora per We 40,41, "15,47,50, 68,80,86.66,87 an.1 RF I's 6 86,94A0 & 41. Plus Hot Water Convector Heaters, CV 1-° .. ALL OTHER TERMS AND CONDrnONS REMAIN TH 7 SAME. Reason for Change order: Additional scope or revisions per listed ASI & RFrs ASac inenb: Change Order Items Description, dated ,= V08, with contractor yua; " s CHANGE 1N CONTRACT PRICE: C' AN -3E Original Coact Prig $ 953,385.00 Original Contract - imeS: Sl . t� Net changes firm Www0lohm Change Orders Net changes forrr previous ,',ra, NO. -O- to -01- No._ to_ ; dendar day , $4,922.00 None Contract Price Prior to this Change Order: Contract Time-. , : r to this( — (calendar days c, $958,307.00 8/28/2008 Net Increase (decrease) of this Change Order. Net Increase (.: a: C (calendar days or �. $12,20.00 Norte Contract Pr(oe with all Approved Change Otders: Contraot Tiaras- 1 91 App -- (calendar days) $970,602.00 Substantial c- lm;)Teti _n ACCEPTED: r. IL '3 0, RECOMMENDED.,(CONSTR MaNa � PETRA INC BUSS ME(` I CAL By: Tom Coughlin % Date: eo-/ By: John Buss L Date: COUNCIL API,,, -At_ AGE" pK..hwp Data. _ _ Date: ATTEST: - — — - APPROVED: G Br Mayor Tammy de weerd v Dy: Ci,; r ; Dims Y_G -0 — 1 Date:I J _ - - j; nd Plans. :,;T TIMES: mpletion 8128!08 rders dar: - -, Orders: 008 �yµrHlflfl/ff��I �s OPOSED CHANGE ORDER Op TR No. 00001 323-4500 BOISE, IDAHO RCE -1875 ROCK SOLID GENECONTRACTORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & RFI Pricing PROJECT: Meridian City Hall TO: Attn: John Buss Buss Mechanical PO BOX 190476 phys: 4471 S. Henry Boise, ID 83719 Phone: 208-562-0600 RE: To: DE CI PT ti�V -1 ROPdSAL **All taxes are included in costs** Fax: 208-562-0555 From: DATE: 3/25/2008 JOB: 060675 CONTRACT NO: Number: 32 item ..D+iptlon, .., _..._ ,.. _ ... _ .... : _ l. U�litssilrRc... , �" 1 Tac �Am OOt, Nei ioulnt 00001 ASI#40 Relocate roof drain leaders (C0R#3) 1.000 LS $0.00 0.00% $0.00 $0.00 00002 ASI#41 Delete shower Rm's (COR#4)- Delete 1.000 LS ($5,885.00) 0.00% $0.00 ($5,885.00) plumbing fixtures in Rm's 225 & 226. Delete sink In Rm.142. Buss quote 11/15/07 00003 ASI#45 Ceiling & soffit @ lobby (COR#6) 1.000 Ls $0.00 0.000/0 $0.00 $0.00 00004 ASI#47 VAV-1st floor (COR#5) 1.000 LS $0.00 0.000/0 $0.00 $0.00 00005 ASI#50 RA duct & wall opening Rev (COR#7) 1.000 LS $0.00 0.00% $0.00 $0.00 00006 RFI#64 sink @ 3rd Fir 5-E (COR#8)- Buss quote 1.000 LS $2,386.00 0.000/0 $0.00 $2,386.00 12/11/07 00007 RFI#65 2nd floor dimension (COR#9). Buss quote 1.000 LS $587.00 0.00% $0.00 $587.00 12/11/07 00008 ASI#56 Rev walls & smoke dampers (COR#10) 1.000 LS $0.00 0.000/0 $0.00 $0.00 00009 RFI#68 Clg @ lobby 111 & Rm.112 (COR#11) 1.000 LS $0.00 0.00% $0.00 $0.00 00010 RFI#70 Clg/duct conflict @ 142 (COR#12) 1.000 LS $0.00 0.00% $0.00 $0.00 00011 RFI#71 Gas meter & CU lock's @ dock (COR#13) 1.000 LS $203.00 0.00% $0.00 $203.00 00012 ASI#60 Storage closets- basement RR (COR#14) 1.000 LS $0.00 0.00% $0.00 $0.00 00013 ASI#65 Layout Rm.159 & 160 (C0R#15) 1.000 LS $0.00 0.00% $0.00 $0.00 00014 RFI#84 Ceiling heights (COR#16) 1.000 LS $0.00 0.00% $0.00 $0.00 00015 ASI#66 Lavatory sensor (COR#17) 1.000 LS $0.00 0.00% $0.00 $0.00 Unit Cost: $12,295.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $12,295.00 APPROVAL: By: By: By: Pe nco meted Buss Mec I Lombard Conrad Architects Date: r Date: Date:' +1:3- 0 Expedition CETR I' I 1 I' 1AV III BOISE,• 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & RFI Pricing PROJECT: Meridian City Hall TO: Attn: John Buss Buss Mechanical PO BOX 190476 phys: 4471 S. Henry Boise, ID 83719 Phone: 208-562-0600 RE: To: Fax: 208-562-0555 From: DATE: 3/25/2008 JOB: 060675 CONTRACT NO: Number: 32 bEP`iTOI♦fi�P=�R�I�AAII � .. - $12,295.00 _ $0.00 Lump Sum: , Lump Tax: t0 0% GC Markup: $0.00 Utter,; UO 1�.._ Talc 1Rae. tTa�c Am0ut1 1�Ietttitli 00016 RFI#86 Water to refrigerators (COR#18). Buss 1.000 LS $2,872.00 0.00% $0.00 $2,872.00 quote 2/19/08 00017 ASI#67 Basement shower dimension (COR#19) 1.000 LS $0.00 0.00% $0.00 $0.00 00018 RFI#94 Chiller support beams (COR#20) 1.000 Ls $0.00 0.00% $0.00 $0.00 00019 RFI#40 Re-route roof drains (COR#27)- Add 1.000 LS $2,525.00 0.00% $0.00 $2,525.00 connection for RD and spout for OFD. Buss quote 9/19/07 00020 RFI#41 Waste & vent connection (COR#28)- Add 1.000 LS $2,543.00 0.00% $0.00 $2,543.00 waste & vent connection per RFI#41. Item#2-. additional waste, Item#3- additional vent. Buss quote 9/19/07 00021 Hot water convector heaters, CV 1-9 (COR#26)- 1.000 Ls $7,064.00 0.00% $0.00 $7,064.00 Furnish & install nine hot water convector heaters not previously included in the bid package scope of work. Buss quote 3/5/08 Unit Cost: $12,295.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $12,295.00 APPROVAL: By: By: By: Petra Incorporated Date., Date: Buss Mechanical Date: Lombard Conrad Architects Expedition 0 Page 2 of 2 • CITY OF Mt `DIAN 33 EAST I HO MERIDIAN,1 83642 CONTRACT CHV!GE ORDER. VTRACTOR: SIMPLEX GRINV "_L )JECT: MERIDIAN CITY HALL - ise 3 Tenant '.r; r. vents Conitactor lshereby dhected to makr following ch n, m the C ulption: hworpordterevisionsper X' 11,50,56,60,65,57,e 70,71,6 70.04 & 91 OTHER TOWS AND CONDITIONS R: IN THE SAME for Change Order. Additional sco- revisions per li:.: ,, 9. RFI's Change Order Item List, date .108, with coni,ri, • r 'tes 0 E ORDER NO. 01 :;T 'Jo. CH -06-001 F.pril 07,2007 Ib E DATE: :u Es and Plans. 5, ,55,108 CHANGE IN CONTRACT Pi c E: CH; _ +T: d%CT TIMES: Original Contract Price $ 412,879. Or, Ori( I Contrac hstantial Completion 8/28/08 Net changes forth previous Change Orders I Not nges fon Change Orders No.- to - o _ ,y$) $_O_ —O— Contract Contract Price Prior to this Change.Orde r. ; Times ..g a Order. days or C $412,879.00 ,8 Net increase (decrease) ofthis Chang o nrr t:,_ -ase (d anne Order. (cats r days or (. $2,917.98 trr,r Contract Price with all Approved Change Grx, ,. . t Times -c-. ^d Change Orders: (' days) $415,786.98 7 antial ion 8128/2008 RECOMMENDEQ: (CQNSTRUCTIO G� ED: (; Petra Inc. By: Thomas hM c�'�" YJ v/Grir int✓ Ott . �4te+s Date: IV IAPPRO PU G AGEP(T) G" I L APP i By: W Its J`,IIllirr''' 4a```of Date: g ^`�•\(�� moi''. APPROVED. tCID- - j`7� Mayor T BY.ammryde Weend - .. Date: 5- e - 8' rrrtrfill ►11 0 323-4500 BOISE, IDAHO RCE -1875 RROPOSED CHANGE ORDER Ilii 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & RFI Pricing DATE: 3/20/2008 PROJECT: Meridian City Hall ]OB: 060675 TO: Attn: Brad Bettencourt CONTRACT NO: 31 Simplex Grinnell LP 12443 West Executive Drive Boise, ID 83713 Phone: 208-376-2111 Fax: 208-376-2192 RE: To: DESCRIPTION 1W PROPOSAL **All taxes are included in costs** Item Description 00001 RFI#58 Fre riser room#130 00002 ASI#41 Delete shower rooms (COR#2), sprinklers 0.00% added and relocated 00003 ASI#50 RA duct & wall opening Rev (COR#3) 00004 RFI#65 2nd floor dimension (COR#4) 00005 ASI#56 Rev walls & smoke dampers (C0R#5) 00006 RFI#68 Clg @ lobby 111 & Rm. 112 (COR#6) 00007 RFI#70 Clg/ Duct conflict @ 142 (COR#7) 00008 ASI#60 Storage closets -basement RR (COR#8) 00009 ASI#65 Layout Rm#159 & #160 (COR#9) 00010 RFI#84 Ceiling heights (COR#10) 00011 ASI#67 Basement shower dimension (COR#11) 00012 ASI#68 Window addition @ Rm#311 (COR#12) 00013 ASI#69 DR/Soffit Rev Rm's#234 & #240 0.00% (COR#13) 00014 ASI#70 Window Type at Rm's#15S & #161 (COR LS #14) 00015 ASI#71 Ceiling & Dr Rev @ Rm#143 (COR#15) 00016 ASI#63 Bev#3 Shaft Dimension 00017 RFI#91 Power shutdown Rm.311 APPROVAL: Date: AM Date: Expedition From: Number: Quantity Units Unit Price Tax Rate Tax Amount Net Amount 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $360.44 0.00% $0.00 $360.44 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $1,335.50 0.00% $0.00 $1,335.50 1.000 LS $1,222.04 0.00% $0.00 $1,222.04 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.000/0 $0.00 $0.00 1.000 LS $0.00 0:00% $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 Unit Cost: $2,917.98 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $2,917.98 �1- / //� ,By: -*a-zx�� m lex G "nnell LP Lombard Conrad Architects D� Date: �il d& 0 323-4500 B©ISE, IDAHO RCE -1875 OPOSED CHANGE ORDER No. 00001 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & RFI Pricing DATE: 3/20/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Brad Bettencourt CONTRACT NO: 31 Simplex Grinnell LP 12443 West Executive Drive Boise, ID 83713 Phone: 208-376-2111 Fax: 208-376-2192 f7 To: DESCRIPTION OF PROPOSAL. APPROVAL: By: Petra Incorporated Date: Expedition By: Date: From: Number: Simplex Grinnell LP Unit Cost: $2,917.98 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $2,917.98 By: Date: Lombard Conrad Architects Page 2 of 2 • MERIDIAN CITY HALL PROJECT NO: CH -06-001 SIMPLEX GRINNELL - Phase 3 (31) CHANGE ORDER NO 1 04/08/08 2,917.98 Page 1 of 1 CHANGE ORDER ITEMS ASI & RFI Changes 1 RFI 58 Fire Riser Room 130 0.00 2 ASI 41 Delete Shower Rms (COR#02) 360.44 Sprinklers added and relocated SimplexGrinnell quote 11/12/07 3 ASI 50 RA Duct & Wall Opng Rev (COR#03) 0.00 4 RFI 65 2nd Fir Dimension (COR#04) 0.00 5 ASI 56 Rev Walls & Smoke Dampers (COR#05) 0.00 6 RFI 68 Clg @ Lobby 111 & Rm 112 (COR#06) 0.00 7 RFI 70 Clg / Duct Conflict @ 142 (COR#07) 0.00 8 ASI 60 Storage Closets - Bsmt RR (COR#08) 1,335.50 Add 2 sprinkler heads. SimplexGrinell quote 2/6/08 9 ASI 65 Layout Rm 159 & 160 (COR#09) 1,222.04 Sprinklers - Add head & relocate. SimplexGrinnell quote 2/6/08 10 RFI 84 Ceiling Heights (COR#10) 0.00 11 ASI 67 Bsmt Shower Dimension (COR#11) 0.00 12 ASI 68 Window Addition @ Rm 311(COR#12) 0.00 13 ASI 69 Dr/Soffit Rev Rms 234 & 240 (COR#13) 0.00 14 ASI 70 Window Type at Rms 155 & 161 (COR#14) 0.00 15 ASI 71 Ceiling & Dr Rev @ Rm 143 (COR#15) 0.00 16 ASI 63 Elev #3 Shaft Dimension 0.00 17 RFI 91 Power Shutdown Rm 311 0.00 2,917.98 Page 1 of 1 trica :fire.& Security S 10"WARAVe%l SlmplexGrinnell LP Roger Adams 12443 W Executive Di Boise Idaho Tel. No.: 208-376-2111 Fax No.: 208-376-2192 Date: 11d&—X07 Sim lexGrinnell Chan - e Order Proposal Customer Meridian City Project: Meridian City Hail Petra 33 E Broadway Ave 1097 N. Rosario St. 83713 Meridian Idaho83642 Meridian Idaho 83642 Customer Tel No.: 208-323-450 Customer Fax No.: 208-323-4507 Meridian City PO/Cont No. Fire Sprinkler Meridian City RFP Number ASI 41 SimplexGrinnell Contract Number g�1 SimpiexGdnnell CO Number: 1 SimplexGrinnell RFI No.: ASI 41 Contract extension in days: I It is hereby agreed the changes and additions in the Scope of Work noted below shag constitute an Extra to the contract the In amount noted on this form. The sum shag be added to the original value of the above numbered contract and all Extras heretofore approved. Scope of Work: Due to the added lights Vdrtdam VA need to be relocated and sprinklers will need to be adder!. There shalt be an additional cost Cost $310-43 Tax $3.00 Markup $47.01 Total $36044 Price of the work: $360.44,Three Hundred Sixty .44 Dollars The above prig Includes all applicable taxes: Yes: Q No: All work performed hereunder shall be in accordance with the terms and conditions of the base contract in effect as to the day of this proposal, Meridian City Signature: Name: Petra TWO. Project manager Simplex0innell LP Signature: Name —4Roger Adams Title: Sales 12/06/2007 THU 16:48 FAX 208 323 4507 Petra Inc. Amok low CHANGE ORDER REQUEST tftv No. (10404 BMSH, IDAHO 1097 M. ROSARM STREET !MM ID 83542 • PHOM OM 373-45x1 0 F 323-4507 TITLE: RFI -65 2nd Hr Dimension Clarif DATE: PROACT: Meridian City Hail 306: 050675 TO.- Attn: Brad Betterxourt CONTRACT NO: 31 Simptex Grinnell LP 12443 West Executive Drive Boise, ID 83713 Phone: 208-376-2111 Fax: 208-376-2192 PX: COR TO: AMWALL Fmm: PEr'Rq Numbers 001)13 W�•:Vf•".fCV�V3N4._,:.: ,.'r'' `.�i : •e _ .+:r:: - eC:S'E:°8.':rnF=i.,"'*•bi:,a.^;x.'-,,�,ro,.':c'.*;r'ai^.:: RK -65 2nd Fir Dimension - On Sheet 2.11T at Grid 31 G -H Is a dimension shown as Z -V is inamffect, RFI -65 provides the amed d"anenskm frau grid fine G. Plumbing was installed teased on original dhmWm and will need to be moved to avoid conflicts with the HVAC duct, Please review and respond with any hnpact W your scope of work within 5 working days. unIt cost: $DAO [mit Tax: $0.00 Lump Sum: $0,00 G.c p: $0.00 Utmp Ta= $OAO T06ft $0.00 eel APPROVAL: B Tom Coughlin Brad Betwocoun DAM Date: ,ton® — -- --�• ��•• ...+o VAA AVO AZ4 40VY tetra rnc. awr IY. KUJg1i(p Sj�j' • ��� =LE: ASI 56 Rev Wali TjPes & Add Duct PROJECT: Meridian City Hall Q001l003 • PF1Q le (208132349M • FAX: 20 3� DATE; JOB: 060675 TO: Attn: Brad Bettenoourt Simplex Grinnell LP CONMCT NO: 31 12443 West Executive Drive Boise, ID 83713 Phone: 208-376-211 :208-376-2192 CDR DFSCttZM. * 1;�i�p�Op(jSj�I;c-PACWES F� p� Nu00004 mben M � '.�, :'gam' � ... ..;..: :: ;e•.f :' : •.. •.i': :"i!»�:yi: ;:'. '..ttt'�: ::fx.: rx7.. 'S.O`=}'•:�c!r:: M. .... Revise wall types at Pian Vault 118, Storage 126, Plan Vault 210 and Storage 244 to Wall Type 6, a sheet A2.11TF, A2.21TF & A2.22TF. Provide (2) additional t� smoke dampers anti duct work at Storage Rooms 126 and ie (1 tach) Per w4osed sketch SK -1. Review and response with any Impacts to your scope of Wft within five work days. (I Nl� 11�I APPROVAL: BV- Daft" r Tom Coughlin Date: unit cost:Oi •UnitTaw $0.00 UIMPSUrro *LOO $MOO LWV TWO WOO Totdi: $0.00 D: Date: /'Z 12/19/2007 YMD 16:41 FAX 208 323 4507 Petra Inc. GE ORDER REQUEST a MIN No. 00006 1097N. ROSARIA S7REET • MERMM . ID 8 42 • PHONE: OB 323-4500 •FAX: 12419/2407 Tr".. Rg-68 Ceiling Lobby 111 & RM 112 DATE: pR03ECi: Meridian City Hal 708: 064675 TO: Attn: Brad Burt CONTRACT NO: Simplex Grinnell LP 12443 West Exewti m Drive Boise, 1D 83713 Phone:2CS-376-2111 Fax: 208-376-2192 From: PEM Number. 00012 RE: DOER TO: HOffiN .... .r •• • .: r �-� r:.:-:--��:�=,:�.;: :.�... •:,. :. . .,��i-��ti�y� .;�. .- ... .S: y•.1 e." t:' • «4:. 'na.,�,�sr• �jp 1o: � �r sr.-.•-: • -t'':-••: �`:�:: }i.:f; ?.Y� -�'SRRV� ..... ` . �.. .:! . f.:d•, .;-: •- . ,ryt:?' n; };:F; �L�'?'.<::.: • : h.�'•.:°. r "�i��-. i .. f•V-•$::i•:s..., r�,�.+r: Rq{g. Cuing RM 1121s shown at IX -V, due to cmmfUcts with duct & sprinWw Ilnes ceiling is too be lower tO IX -T AFF. Drywati celang soffit to be added at GMs 6 & 7 bdween. G & H. See RFI -68 & RFI -68 SK -1, ,t cost: $0.00 Unit Two $a00 Lump Sums. $aOO GC markups $0.00 LUMP Tax: $0.00 Tonal: O� IA V. APPROVAL:. f 1� Sy: Brad BeUMCO at TOM � DstG y J . ----r-- -------- r ----o --- - --- - - N, - . — . __..__a. --J-- " -J . -5- . -i . 0 Tom Coughlin • From: Bettencourt, Brad [Bbettencourt@tycoint.com] Sent: Thursday, February 07, 2008 7:11 AM To: Tom Coughlin Subject: SimplexGrinnell pdcing.for ASI -60 (Your Change Order Request #8) Attachments: 0293_001. pdf Tom, Attached is our pricing for your Change Order Request #8 If you have any questions please call. Thanks Brad <<0293_001.pdf>> tyco/Fire & Security/SimpkxGrinnell LP Brad Bettencourt Design Manager 12443 West Executive Drive Boise, Idaho 83713 Phone 208-376-2111 Telefax 208-376-2192 Cellular 208-941-2178 t*ettenco�oint.com www.simplexgrinnell.com The information on this email and in any attachments is confidential and may be privileged. If you are not the intended recipient, please destroy this message, delete any copies held on your system and notify the sender immediately. You should not retain, copy or use this email for any purpose, nor disclose all or any part of its content to any other person. Any or all rights to privilege have not been waived. 3/21/2008 0 SimplexGrinnell Meridian City Hall Work Scope 13 Fire Sunoresion S Request For Chance Date: 202008 Reference: ASI 60 Storage Closets Bsmt RR"S Scope: Instal sprinklers in the added closets Requested By: Tom Coughlin Phone No.: 208-323-4500 Fax No.: 208-323-4507 30 $69.50 Pipe Blk Sch4d V 4 $67.00 90 -Deg Ell V Bik 4 Fab Cut Slk SCh401'4hrough 2' 8 Fab Thread 1'0uough 2' 4 Fab Make On 1 through 2' 2 Fab Hanger Assembly 1'through 2-1/2' 2 Fab Cut ATR 3/8 2 Swivel Ring 1' through 2' CAD 2 Drop to Anchor 318' CAD 15 All -Thread Rod 3/8' Plain 2 112 Sprinkler OR 2 1/2 Esmdchaon 2 1414 x 1 Mechanical Tee 0 UNIT PRICE I TOTAL PRICE w $5.14 $8.80 MATERAIL COST $136.5E USE TAX @6% $82C TOTAL MATERIAL COST $144.7E 15% MATERIAL OVERHEAD & PROFIT $21.72 MATERIAL TOTAL WITH TAX, OVERHEAD, PROFIT $166M rvmWin owr"r-mveolum 4 $69.50 JOURNEYMAN $67.00 $268.00 4 APPRENTICE $45.00. $180.00 3 NICET LEVEL 111 TECH/PM $75.00 $225.00 8 FIRE SPRINKLER LAYOUT TECH/AUTOCAD $62.00 $496.00 TOTAL AMOUNT FOR CHANGE $1=335-g0 Page 1 of 1 �711111J1GXlJ1t1u1G11 �llvulg lul t-101-ui � 1 uul %-jumigu Bluer icequest ffy) rage 1 of 1 Toni Coughlin From: Bettencourt, Brad [Bbettencourt@tycoint.com] Sent: Thursday, February 07, 2008 7:06 AM To: Tom Coughlin Subject: SimplexGrinnell pricing for ASI -65 (Your Change Order Request #9) Attachments: 0292 001.pdf Tom, Attached is our pricing for your Change Order Request #9 If you have any questions please call. Thanks Brad <<0292_001.pdf» tyco/Fire & Security/Si np[ezGrinnell LP Brad Bettencourt Design Manager 12443 West Executive Drive Boise, Idaho 83713 Phone 208-376-2111 Telefax 208-376-2192 Cellular 208-941-2178 bbettencourt@tycoint.com www,simplex�cinnel l,com The information on this email and in any attachments is confidential and may be privileged. If you are not the intended recipient, please destroy this message, delete any copies held on your system and notify the sender immediately. You should not retain, copy or use this email for any purpose, nor disclose all or any part of its content to any other person. Any or all rights to privilege have not been waived. 3/21/2008 SimnlexGrinnell Meridian City Hall Work Scone 13 Fire Sunnresion Systems Request For Chanae Date: ztslzoos Reference: ASh 65 Room Layout 159 & 160 .Scope: Room layout revised. The sprinkler heads had to be relocated and added Requested By: Tom Coughlin Phone No.: 208-323-4500 Fax No.: 208-323-4507 I �•t i I ut:Ot, Clr I IVN UNIT PRICE TOTAL PRICE 5 4 APPRENTICE Pipe 81k SCh401' $2.42 $12.12 2 $225.00 9043eg Ell V Blk $1.36 $2.71 2 Fab Cut Blk Sch401"through 2" $128 $2.57 4 Fab Thread lVnugh r $1.20 $480 2 Fab Wake On 1 through 2' $1.34 . $269 1 Fab Hanger Assembly 1' dwough 2-10 $0.43 $0.43 1 Fab Cut ATR 318 $022 $022 1 Swivel Ring V through 2" CAD $0.30 $0.30 1 Drop in Anchor 3f8' CAD $0.36 $0.38 5 All -Thread Rod 318' Plain $0.22 $1.08 1 112 Sprinkler OR $6.56 $6.56 1 112 Fsctkcheon $0,54 $0.554 1 14/2 x 1 Mechanical Tee $9.13 $9.13 MATERAIL COST $43.5' USE TAX @6-A $26' TOTAL MATERIAL COST $46.1; 150/b MATERIAL OVERHEAD & PROFIT $6.9: MATERIAL TOTAL. WITH TAX, OVERHEAD, PROFIT $M,01 rVMWPJV ,ut'IEKVR5l0N $69:50 4 JOURNEYMAN $67.00 $268.00 4 APPRENTICE $45.00 $180.00 3 NICET LEVEL III TECH/PM $75.00 $225.00 8 FIRE SPRINKLER LAYOUT TECH/AUTOCAD $6200 $496.00 TOTAL AMOUNT FOR CHANGE $1,222,04 Page 1 of 1 Tom Coughlin , From: Bettencourt, Brad [Bbettencourt@tycoint.com] Sent: Monday, March 03, 2008 12:33 PM To: Tom Coughlin Cc: Jon Anderson Subject: (SIMPLEXGRINNELL RESPONSE) Change order request #00011 RE: ASI #67 Basement Shower Dimensions Tom, I have reviewed the above COR #00011 and find it to be a no cost change to our scope of work. Thanks Brad tyco/Fire & Security/SimpkxCrinnell LP Brad Bettencourt Design Manager 12443 West Executive Drive Boise, Idaho 83713 Phone 208-376-2111 Telefax 208-376-2192 Cellular 208-941-2178 bbettencourt@tycoint.com www.simplexgrinnell..com The information on this email and in any attachments is confidential and may be privileged. If you are not the intended recipient, please destroy this message, delete any copies held on your system and notify the sender immediately. You should not retain, copy or use this email for any purpose, nor disclose all or any part of its content to any other person. Any or all rights to privilege have not been waived. 3/3/2008 (SIMFLL-kUKINNLLL KLSYUNSE) ASI #68 Added window to Server room Page 1 of 1 0 0 Tom Coughlin xg -6 e) From: Bettencourt, Brad [Bbettencourt@tycoint.com] Sent: Monday, March 10, 2008 8:24 AM To: Tom Coughlin Cc: Jon Anderson Subject: (SIMPLEXGRINNELL RESPONSE) ASI #68 Added window to Server room Tom, I have reviewed the above ASI #68 and find it to be a no cost change to our scope of work. Thanks Brad tyco/Fire & Security/SimpkxGHnnell LP Brad Bettencourt Design Manager 12443 West Executive Drive Boise, Idaho 83713 Phone 208-376-2111 Telefax 208-376-2192 Cellular 208-941-2178 bbettencourt@tycoint.com www.simplexgrinnell.com The information on this email and in any attachments is confidential and may be privileged. If you are not the intended recipient, please destroy this message, delete any copies held on your system and notify the sender immediately. You should not retain, copy or use this email for any purpose, nor disclose all or any part of its content to any other person. Any or all rights to privilege have not been waived. 3/10/2008 HX(jFJNNELL SPONS , V1 ASl-69,70 and 71 Tok, i From: Sent: F1 To: Tom -ad [Bbettencourt@tycoint•com] Cc: Jon AnG2008 3:55 PM Subject: FW: (SIMF, Tom, L RESPONSE) For ASI -69,70 and 71 I have reviewed the above AS, 40 0 '06 �� Thanks Brado{ Work. to be a no cost change to our scope tyco/Fire & Securhy/SimplexGrinne 1 LP Brad Bettencourt Design Manager 12443 West Executive Drive Boise, Idaho 83713 Phone 208-376-2111 Telefax 208-376-2192 Cellular 208-941-2178 bbettencourt@tycoint.com www,simplexgrinnel l.com &q% *-?D -4-;� The information on this email and in any attachments is confident, intended recipient, please destroy this message, delete any copies may be privileged. if you are not the immediately. You should not retain, copy or use this email for any puin your system and notify thesender its content to any other person. Any or all rights to privilege have not been ,or disclose all or any Pa I. 3/10/2008 01/22/2008 TOE 8:00 FAX 208 323 4507 Petra Inc. 11002/003 Lwdwd<modARCHITECT'S SUPPLEMENTAL IN -NS if: 011ie= Porto: W6.01 Rem ter: myofi Pdra kmw*d The Wok dial be mniod outin m=idmoevo the fti whg m"Ww1ai Mu*ns mw h aoo akm Vb go con Domme* ymmut ftw in cowed sur oron*od bw pd" to womft in ammwmwifeeds kwmdm, kdom yaermemmofttft n.for mkwdwoptofeWork ascmmbtvtwMtie Go*aotDoc AmWtect Shed AD.OT: Eubme i EfWRW Plan— W. Revise the W4r ftmWm to be 10-r pa *Atch w. 40 t ��o i,W1V r Atadtments: Sk" SK -1 OMWASt8;i01$WBPbp9- PAGEi 1 b— LOORM40WAn 922i$iro Y►ola Oft ID 83M pc=%9:W bc�8.144 (a1MYLhAUK1NNLLL KhNPUNSt) UUK ##UUU16 (Kr1-91 Power Shutdown Km.311) Page 1 of 1 Tom Coughlin From: Bettencourt, Brad [Bbettencourt@tycoint.com] Sent: Friday, March 14, 2008 8:00 AM To: Tom Coughlin Cc: Jon Anderson Subject: (SIMPLEXGRINNELL RESPONSE) COR #00016 (RFI -91 Power Shutdown Rm.311) Tom: I have reviewed the above COR and find it to be a no cost change to our scope of work. Thanks Brad tyco/Fire & Security/ShWlexGrinnell LP Brad Bettencourt Design Manager 12443 West Executive Drive Boise, Idaho 83713 Phone 208-376-2111 Telefax 208-376-2192 Cellular 208-941-2178 bbetteocourt@tycoint. com www...sijApIexgflnnelI.com The information on this email and in any attachments is confidential and may be privileged. If you are not the intended recipient, please destroy this message. delete any copies held on your system and notify the sender immediately. You should not retain, copy or use this email for any purpose, nor disclose all or any part of its content to any other person. Any or all rights to privilege have not been waived. 3/24/2008 May 2, 2008 Department Report MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Finance Department ITEM NO. 6-D-7 REQUEST Change Order No. 2 with Suncoast dba B&B Steel Erectors for a Not To Exceed Amount of $2,677.38 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. LJ Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green Date: 5/1/08 Re: May 6 City Council Meeting Agenda Item 0 R E E 117 _.. PrP U C� Of Meridian fat r Clerk Ogee The Purchasing Department respectfully requests that the following item be placed on the May 6 City Council Consent Agenda for Council's consideration. Suncoast dba B&B Steel Erectors Change Order #2 Additional work per Architect's Supplemental Instructions RFI #63. All work under this Change Order #2 will be completed pursuant to the existing Phase 3 Tenant Improvements — Handrail & Misc Metal - contract dated July 17, 2007. Recommended Council Action: Approve Change Order #2 to Suncoast dba B&B Steel Erectors for additional work for a Not -To -Exceed amount of $2,677.38 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 0 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER 11 CHANGE ORDER NO. 02 PROJECT NO. CH4116-001 DATE: 04/08!08 EFFECTIVE DATE: CONTRACTOR: SUNCOAST dba 8W STEEL ERECTORS PROJECT: MERIDbkN CITY HALL - Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documafb and Plans. Description: incorporate revisions per RFI/ 63 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional strops or revisions per listed RFI AttechmeMs: Change order Item description. dated 4/80118, with contractor quotas CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Prte $73,265.00 Original Contract Timm Substantial Completion Bra= Net changes form pmdous Change Orders Not charges form pravlous Charge Orders No. - to 01 No.— to _ (tom days) $267.75 None Contract Price Prior to #1113 Change Order. Contract Times prior to this Change Order. (cWendwdap or date) $73,732.75 Not Increase (deter) of Offs Change Order Net Increase (decrease) of this Change Order. ( days ordate) $2,677.38 None Contract Price with allApproved Change Orders: Contrail Times with SO Approved Change Orders: $76,410.13 (tale KW days) Substantial Completion 8/2812008 RECOtIDEp: (CONSTRUCTION G ) ACCEPTED: (CONTRACTOR) Petra Inc. ' %�' Sunc oast dba B&B Std Erector By: Thomas R. Caighfin By: TWd Bloom �� Orate. ��/ ��� Date: 41 i AGENT) 1(vWr wwaft COUNCIL APPROVAL Date: s _ <hw u h uNrrr Date: _ / ^ D `,`�<of 4 APPROVED.(� 6&660"11ATTEST: 2, By: Mayor T de Weardd By: City Cierlt, Jaycee Hohn ? D+dsp Data: s %' t0f _ S L CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 02 PROJECT NO. CH -06-001 DATE: 04/08/08 EFFECTIVE DATE: CONTRACTOR: SUNCOAST dba B&B STEEL ERECTORS PROJECT: MERIDIAN CITY HALL - Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions peir RFI# 63 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed RFI Attachments: Change order items description, dated 418/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $73,265.000 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. - to 01 No._ to _ (calendar days) $267.75 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order. (calendar days or date) $73,732.75 8/28/2008 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $2,677.38 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $76,410.13 .o Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION G ) ACCEPTED: (CONTRACTOR) Petra Inc." By: Thomas R. Coughlin., ' Suncoast dba B&B Steel Erecto By: Todd Bloom Date: ��,� Date: 4/1(G O APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: -;� wm�-w 323-4500 BOISE, IDAHO? RCE -1875 is PROPOSED CHANGE ORDER No. 00002 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & RFI Pricing DATE: 3/21/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Todd Bloom CONTRACT NO: 17 Suncrest Corp DBA B&B Steel Erectors P.O. Box 5735 Boise, ID 83705 Phone: 208-342-0695 Fax: 208-343-4157 RE: To: From: DESCRIPTION OF PROPOSAL **All taxes are included in costs** Item Description. Quantity Units 00001 RFI#63 Wall reinforcement @ electrical rm 1.000 LS (COR#2)- Fabricate & install tube steel braces on the foundation wall at the main electrical room per response to RFI. 138LB quote 1/29/08 APPROVAL: 01. By: � Petra Date: Expedition Number: Unit Price Tax Rate. Tax Amount Net Amount $2,677.38 0.00% $0.00 $2,677.38 Unit Cost: $2,677.38 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $2,677.38 By. increst CorpDBA B&B Steel Er�to Date: 4LI pe By: Ix_ Lombard Conrad Architects Date: Ai -11 A L i • B & B STEEL ERE RS "Building the West Since 7977" CHANGE ORDER PROPOSAL DATE: January 29, 2008 TO: Petra Incorporated Attn: Tom Coughlin PROJECT: Meridian City Hail, Meridian, Idaho SUBJECT: RFI #63 - Concrete Wall Reinforcement at Electrical Room Provide labor, equipment, hoisting and supplies to Install the following items In accordance with the AISC Code of Standard Practice and the plans and specifications prepared by Stapley Engineering dated 12/03/07_ INCLUDES: Fabricate and Install tube steel braces for existing foundation wall in main electrical room as detailed In RFI 963 provided by Stapley Engineering and as detailed by Jon Anderson of Petra, Inc. Includes supply and install of (42)1/2" epoxy anchors. EXCLUSIONS: Embedded items, Light gauge metal framing and all related attachments, Grout and grouting, Touch-up painting, Nonferrous metals, Loose steel lintels, Use taxes on materials provided by others. Labor =12/15/07 -11 ME Hours x $48.30/Hr. _ $ 555.45 01/05/08- 4 Hours x $48.30/Hr. = $ 193.20 Supplies = Threaded Rod, Nuts, Washers, etc. _ $ 63.01 = HY-150 Epoxy x (5) tubes = $ 137.80 Steel = (3) Tube Steel Wall Supports - $1,510.00 Markup =15% of Labor and Supplies ($949.46) _ $ 142.42 5% of Fabricated Steel ($1,510.00) = $ 75.50 TOTAL CHANGE ORDER PRICE: $2,677.38 Submitted By: �t Todd - Vice President MERIDIAN CITY HALL PROJECT NO: CH -06-001 SUNCOAST dba B&B STEEL ERECTORS - Phase 3 (17) 04/08/08 CHANGE ORDER NO 2 CHANGE ORDER ITEMS Suncoast dba B&B Steel Erectors PCO #01 - ASI & RFI Revisions 1 RFI 63 Wall Renf @ Electrical Rm (COR#02) 2,677.38 Fabricate & install tube steel braces on the foundation wall at the main electrical room per response to RFI. B&B quote 1/29/07 2,677.38 Page 1 of 1 May 2, 2008 Department Report MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Finance Department ITEM NO. 6-D-8 REQUEST Change Order No. 3 with Architectural Buillding Supply for a Not to Exceed Amount of $6,122.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT. ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green Date: 5/1/08 Re: May 6 City Council Meeting Agenda Item C EI i iV A"I 2001i, Of bderidian �? Clerk 0Mce- The Purchasing Department respectfully requests that the following item be placed on the May 6 City Council Consent Agenda for Council's consideration. Architectural Building Supply Change Order #3 Additional work per Architect's Supplemental Instructions "ASI's" #27,36 60 65 62 68 69 70 71 and RFI 84 All work under this Change Order #1 will be completed pursuant to the existing Phase 3 Tenant Improvements — Doors, Floors & Hardware - contract dated July 17, 2007. Recommended Council Action: Approve Change Order #3 to Architectural Building Supply for additional work for a Not -To -Exceed amount of $6,122.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 CITY OF I AAN 33 EAS—i ! x-80 MERIDIAN, =3642 CONTRACT CH: 3E ORDS NTRACTOR: ARCHITECTUr IUI!_DILIG 3.IECT: MERIDIAN CITY HALL ae 3 Tc-iant ents Contractor is herd)y directed to m, tollowvin® ch n the z alptton: Incorporate revisions per : -7,36,60,65,!2,68. 70. 7 1ER TERMS AND CONDmoNs f, ,N THE SAME for Change Order. Addition,': , roVwcl G nts: Change ober items d, CHANGE IN CONTRW, Contract Price $ 277,230.1, changes form previous Change orrt, m 01 to 02 Pnoe Fria to this Change On, Net Increase (decrease) of this Chan - $6;122.08 Price with aQ Approved Cham - KtWMMtNDtD: (CONS M- UCMON' Petra Inc. W. Thomas R. Coughlin Date: �r97ING AGU i, Fatts Date: ,�5— / O APPROVED: (CITY) - By. Nlayor Tammyde Weerd Date: 5'(0— ok "I's & Sat, i "SIC' '-.ctr contra r ges fo. 3 — lys of .,!ct laysar TimC ays) _ NPt E t F; DER NO. 03 3T ). CH -06-001 C 55108 rIV - DATE: i -u nts and Plans. -0. TACT TIMES: bs; -.;ial Completion 8/211/08 Ch, go Orders 's) '^h -7e Order: nn c Order: '; ho nge Orders: Ji/2812008 -uA, . -411110Y 0041 323-4500 BOISE, IDAHO RCE -1875 OPOSED CHANGE ORDER No. 00003 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE., ASI & RFI Pricing- Phase III DATE: 3/25/2008 PROJECT: Meridian City Hall 306: 060675 TO: Attn: Stewart Jensen CONTRACT NO: 22 Architectural Building Supply 960 E. Franklin Rd. Meridian, ID 83642 Phone: 208-884-8917 Fax: 208-884-5641 RE: To: DESCRIPTION OF PROPOSAL **All taxes are included in costs** Item Description 00001 ASI#27 Door, frame & glazing Rev 00002 ASI#36 Elevator equipment Rm code Rev (COR#4)- Change two doors to 90 Min & add smoke seal openings. ABS quote 10/24107 00003 ASI#60 Basement RR storage closets (COR#8)- Add two HM frames, doors and hardware. ABS quote 2/5/08 00004 ASI#65 Layout Rm#159 & #160 (COR#9)- Rebuild two HM frames. ABS quote 2/5/08 00005 RFI#84 Ceiling heights (COR#10)- Cut down height of two frames. ABS quote 2/5/08 00006 ASI#62 Wall & door layout (COR#11)- Change the door swings on frames 124A & 351. Rebuild frames as LH. ABS quote 2/5/08 00007 ASI#68 Window addition @ Rm#311 (CAR#12)- Fumish & install on HM window frame. ABS quote 3/12/08 00008 ASI#69 Dr/Soffit Rev Rms#234 & #240 (COR#13)- Modify two frames from type G to type E. ABS quote 3/12/08 00009 ASI#70 Window type at Rms#155 & #161 (COR#14)- Change on HM window frame to type W. ABS quote 3/12/08 APPROVAL: By: -,-4 Date: � Expedition From: Number: Quantity Units Unit Price Tax Rate 'Tax Amount Net Amount 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $227.00 0.00% $0.00 $227.00,- 227.00/1.000 1.000 LS $2,167.00 0.00% $0.00 $2,167.00- 2,167.00i1.000 1.000 LS $650.00 0.00% $0.00 $650.00 1.000 LS $283.00 0.00% $0.00 $283.00-- 1.000 LS $735.00 0.00% $0.00 $735.00- 1.000 Ls $991.00 0.000/0 $0.00 $991.00 1.000 Ls $367.00 0.00% $0.00 $367.00 1.000 LS $702.00 0.00% $0.00 $702.00 Unit Cost: $6,122.00 Unit Tax: $0.00 Lump Sum: $0.00 - - - - - - - - - -- -Lump-Tax:- _ $0.00 0% GC Markup: $0.00 Total: $6,122.00 By- ✓+--- By: rchitectu al 131Kding Supply Lombard Conrad Architects Date: Date. 0 323-4500 BOISE, IDAHO RCE -1875 4ROPOSED CHANGE ORDER NO.00003 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & RFI Pricing- Phase III DATE: 3/25/2008 PROJECT: Meridian City Hall 3OB: 060675 TO: Attn: Stewart Jensen CONTRACT NO: 22 Architectural Building Supply 960 E. Franklin Rd. Meridian, ID 83642 Phone: 208-884-8917 Fax: 208-884-5641 To: From: DESCRIPTION OF PROPOSAL Item Description Quantity Units 00010 ASI#71 Ceiling & Dr Rev @ Rm#143 (COR#15) 1.000 LS Number: Unit Price Tax Rate Tax Amount Net Amount $0.00 0.00% $0.00 $0.00 Unit Cost: $6,122.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $6,122.00 APPROVAL: By: By: By: Petra Incorporated Date: Expedition Date: Architectural Building Supply Date: Lombard Conrad Architects Page 2 of 2 • MERIDIAN CITY HALL PROJECT NO: CH -06-001 ABS - Phase 3 (22) CHANGE ORDER NO 3 CJ 04/08/08 6,122.00 Page 1 of 1 CHANGE ORDER ITEMS 1 ASI 27 Door, Frame & Glazing Rev 0.00 2 ASI 36 Elevator Equip Rm Code Rev (COR#4) 227.00 Change two doors to 90 Min & add smoke seal openings. ABS quote 10/24/07 3 ASI 60 Bsmt RR Storage Closets (COR#08) 2,167.00 Add two HM frames, doors and hardware. ABS quote 2/5/07 4 ASI 65 Layout Rm 159 & 160 (COR#09) 650.00 Rebuild two HM frames. ABS quote 2/5/08 5 RFI 84 Ceiling Heights (COR#10) 283.00 Cut down height of two frames. ABS quote 2/5/08 6 ASI 62 Wall & Door Layout (COR#11) 735.00 Change the door swings on frames 124A & 351. Rebuild frames as LH. ABS quote 2/5/08 7 ASI 68 Window Addition @ Rm 311 (COR#12) 991.00 Fumish & install one HM window frame. ABS quote 3/12/08 8 ASI 69 Dr/Soffit Rev Rms 234 & 240 (COR#13) 367.00 Modify two frames from Type G to type E ABS quote 3/12/08 9 ASI 70 Window Type at Rms 155 & 161 (COR#14) 702.00 Change one HM window frame to type W ABS quote 3/12/08 10 ASI 71 Ceiling & Dr Rev @ Rm 143 (COR#15) 0.00 6,122.00 Page 1 of 1 - -a- - -- - Tom Coughlin From: Stewart Jensen [stewart@absdoors.com] Sent: Wednesday, March 12, 2008 2:25 PM To: Tom Coughlin Subject: ASI 60 and 65 Attachments: ABS CO #9 - ASI 60 Added doors 019A and 022A.doc; ABS CO #8 - RFI 84 Ceiling height changes -115A and 151 Cutdown.doc; ABS CO #7 - ASI 65 - Frames 159 and 160.doc; ABS CO #6 - ASI 62 - Change swing on frames.doc; ABS CO #4 -Elevator Code Review.doc; ABS CO #3 - Change from floor closers to surface.doc I do not have change orders for the following items. Thanks, Stewart Jensen, AHC Architectural Building Supply General Manager 960 East Franklin Road Meridian, ID 83642 208-884-8917 This e-mail is from ABSDOORS.COM and is.intended for the addressee shown. It contain and protected from disclosure. Any review, dissemination or use of this transmission unauthorized employees of the intended organisations is strictly prohibited. 3/18/2008 t ;JhAg � tl Change Order Information: ASI #36 — Elevator Code Review Here is the pricing for the above requested change. Qty Description Item No. Dr.No. E)d Sell w/Tax 2 Wood Doors Change doors #001 and 017 to 90 min 196.86 2 Weatherstip Add Smoke seal to these openings. 30.14 Total for this Change $ 227.00 The above materials cannot be ordered until we receive written authorization. If you need these materials faster than a formal change order can be generated authorize below. Signature: Print: Date: 960 East Franklin Road • Meridian, Idaho 83642 1 of 1 208-884-8917 • fax 208-884-5641 a www.absdoors.com Change Order Request Form Company: Petra Inc From: Stewart Jensen Email stewart0-absdoors.com Date: 10-24-07 Attention: Wes Bettis Job: Meridian City Hall Phone: 323-4500 Fax: 323-4507 Email: Change Order Information: ASI #36 — Elevator Code Review Here is the pricing for the above requested change. Qty Description Item No. Dr.No. E)d Sell w/Tax 2 Wood Doors Change doors #001 and 017 to 90 min 196.86 2 Weatherstip Add Smoke seal to these openings. 30.14 Total for this Change $ 227.00 The above materials cannot be ordered until we receive written authorization. If you need these materials faster than a formal change order can be generated authorize below. Signature: Print: Date: 960 East Franklin Road • Meridian, Idaho 83642 1 of 1 208-884-8917 • fax 208-884-5641 a www.absdoors.com Company: Petra Inc Change Order Request Form From: Stewart Jensen Email stewart(aD-absdoors.com Date: 2-5-08 Attention: Tom Coughlin Job: Meridian City Hall Phone: 323-4500 Fax: 323-4507 Email: tcoughlin@petrainc.net /A' 600 Change Order Information: ASI 060 Added doors 019A and 022A Here is the pricing for the above requested change. The above materials cannot be ordered until we receive written authorization. If you need these materials faster than a formal change order can be generated authorize below. Signature: Print: Date: 960 East Franklin Road • Meridian, Idaho 83642 1 of 1 208-884-8917 • fax 208-884-5641 • www.absdoors.com Dr. Qty Description Item No. No. Fact Sell w/Tax 2 Frames 2080 5 3/4 Frame 306.69 2 Doors HM 2080 707S 20GA G2 NH 568.16 8 Hinges TA2714 4 1/2" US26D 90.45 2 Lockset 11-28-10G04 464.99 2 Trim Roller Stop 42.40 2 Trim Silencers 0.08 2 Installation Install the above Frames, Doors and Hard 397.23 2 Trim Add overhead stops to #020 and #023 297.00 Total for this Change $ 2,167.00 The above materials cannot be ordered until we receive written authorization. If you need these materials faster than a formal change order can be generated authorize below. Signature: Print: Date: 960 East Franklin Road • Meridian, Idaho 83642 1 of 1 208-884-8917 • fax 208-884-5641 • www.absdoors.com Change Order Request Form Company: Petra Inc From: Stewart Jensen Email stewartO-absdoors.com Date: 2-5-08 Attention: Tom Coughlin Job: Meridian City Hall Phone: 323-4500 Fax: 323-4507 Email: tcoughlin@petrainc.net Change Order Information: ASI #65 - Change frames 159 and 160 Here is the pricing for the above requested change. Dr. Qty Description Item No. No. Ext Sell w/Tax 1 Frames Rebuild frame 159 as Elevation E 176.46 1 Frames Rebuild frame 160 as a RH 473.54 Total for this Change $ 650.00 The above materials cannot be ordered until we receive written authorization. If you need these materials faster than a formal change order can be generated authorize below. Signature: Print: Date: 960 East Franklin Road • Meridian, Idaho 83642 1 of 1 208-884-8917 • fax 208-884-5641 • www.absdoors.com LACA Change Order Request Form Company: Petra Inc From: Stewart Jensen Email stewartO-absdoors.com Date: 2-5-08 Attention: Tom Coughlin Job: Meridian City Hall Phone: 323-4500 Fax: 323-4507 Email: tcoughlin@petrainc.net Change Order Information: ASI #65 - Change frames 159 and 160 Here is the pricing for the above requested change. Dr. Qty Description Item No. No. Ext Sell w/Tax 1 Frames Rebuild frame 159 as Elevation E 176.46 1 Frames Rebuild frame 160 as a RH 473.54 Total for this Change $ 650.00 The above materials cannot be ordered until we receive written authorization. If you need these materials faster than a formal change order can be generated authorize below. Signature: Print: Date: 960 East Franklin Road • Meridian, Idaho 83642 1 of 1 208-884-8917 • fax 208-884-5641 • www.absdoors.com etrai F y Change Order Request Form Company: Petra Inc From: Stewart Jensen Email stewartCDabsdoors.com Date: 2-5-08 Attention: Tom Coughlin Job: Meridian City Hall Phone: 323-4500 Fax: 323-4507 Email tcou hlin@ t . g p nc.ne U6 /0 Change Order Information: RFI 84 — Change heights of frames 115A and 151 Here is the pricing for the above requested change. Dr. Qty Description Item No. No. Fxd Sell w/Tax 1 Frames Cut down the height of frames 115A and 151 283.00 Total for this Change $ 283.00 The above materials cannot be ordered until we receive written authorization. If you need these materials faster than a formal change order can be generated authorize below. Signature: 12 MR Date: 960 East Franklin Road • Meridian, Idaho 83642 208-884-8917 . fax 208-884-5641 • www.absdoors.com 1 of 1 Change Order Request Form /4 d 6 -1 - Company: Petra Inc From: Stewart Jensen Email stewart@absdoors.com Date: 2-5-08 Attention: Tom Coughlin Job: Meridian City Hall Phone: 323-4500 Fax: 323-4507 Email: tcoughlin@petrainc.net Change Order Information: ASI #62 Change the swing on frames 124A and 351 Here is the pricing for the above requested change. Dr. Qty Description Item No. No. Ext Sell w/Tax 1 Frames Rebuild frame 124A as a LH 261.47 1 Frames Rebuild frame 351 as a LH 473.54 Total for this Change $ 735.00 The above materials cannot be ordered until.we receive written authorization. If you need these materials faster than a formal change order can be generated authorize below. Signature: Print: Date: 960 East Franklin Road a Meridian, Idaho 83642 1 of 1 208-884-8917 • fax 208-884-5641 • www.absdoors.com Change Order Request Form Company: Petra Inc From: Stewart Jensen Email stewart[aa-absdoors.com Date: 3-12-08 Attention: Tom Coughlin Job: Meridian City Hall Phone: 323-4500 Fax: 323-4507 Email: tcoughlin@petrainc.net.�� Change Order Information: COR #12 — ASI 68 Added window to Room 311 Here is the pricing for the above requested change. Dr. Qty Description Item No. No. Fact Sell w/Tax 1 Frame 7'-8" x 6-4" x 5 3/4 x See Drawing 847.70 1 Installation Deliver and Install Door Frame 143.30 Total for this Change $ 991.00 The above materials cannot be ordered until we receive written authorization. If you need these materials faster than a formal change order can be generated authorize below. Signature: Print: Date: 960 East Franklin Road . Meridian, Idaho 83642 208-884-8917 • fax 208-884-5641 • www.absdoors.com 1 of 1 ia��.ivtt Tom Coughlin From: Stewart Jensen [stewart@absdoors.com] Sent: Wednesday, March 12, 2008 6:40 PM To: Tom Coughlin Subject: Additional Change Request Pricing Attachments: ABS CO #12 - ASI 69 - Change frames from type E to type G.doc; ABS CO #11 - ASI 70 - Change window types.doc; ABS CO #10 - ASI 68 - Added Window BC - COR #12.doc Tom, Here is the pricing for ASI #68, 69, 70 (see attachments) ASI #71 is a no charge change. I am current with the change requests that you have given me so far. Jon is still running into issues on site with frame heights and so I anticipate further pricing. Thanks, Stewart Jensen, AHC Architectural Building Supply General Manager 960 East Franklin Road Meridian, ID 83642 208-884-8917 This e-mail is from ABSDOORS.COM and is intended for the addressee shown. It contain and protected from disclosure. Any review, dissemination or use of this transmission unauthorized employees of the intended organisations is strictly prohibited. 3/18/2008 Change Order Request Form Company: Petra Inc From: Stewart Jensen Email stewartCcDabsdoors.com Date: 3-12-08 Attention: Tom Coughlin Job: Meridian City Hall Phone: 323-4500 Fax: 323-4507 Email: tcoughlin@petrainc.net Change Order Information: COR #13 — ASI 69 Change frames from type E to G Here is the pricing for the above requested change. Dr. Qty Description Item No. No. Ext Sell wfrax 2 Frames Modify frames from type G to E 367.00 Total for this Change $ 367.00 The above materials cannot be ordered until we receive written authorization. If you need these materials faster than a formal change order can be generated authorize below. Signature: Date: Print: 960 East Franklin Road • Meridian, Idaho 83642 1 of 1 208-884-8917 • fax 208-884-5641 • www.absdoors.com Change Order Request Form Company: Petra Inc From: Stewart Jensen Email-stewart_absdoors.com Date: 3-12-08 Attention: Tom Coughlin Job: Meridian City Hall Phone: 323-4500 Fax: 323-4507 Email: tcoughlin@petrainc.net Change Order Infonnation: COR #14 — ASI 70 Change window types Here is the pricing for the above requested change. Dr. Qty Description Item No. No. Fxd Sell w/Tax 1 Frame (Window) 15-8" x 1'-8" x 5 3/4" - Type W 702.00 Total for this Change $ 702.00 The above materials cannot be ordered until we receive written authorization. If you need these mater than a formal change order can be generated authorize below. Signature: Print: Date: 960 East Franklin Road • Meridian, Idaho 83642 1 of 1 208-884-8917 • fax 208-884-5641 • www.absdoors.com May 2, 2008 Department Report MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Finance Department ITEM NO. 6-D-9 REQUEST Change Order No. 1 with Architectural Building Supply for a Decrease of $897.00 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green Date: 5/1/08 Re: May 6 City Council Meeting Agenda Item 10 REORIN/F t✓iiL,y 81fk c�er®ice The Purchasing Department respectfully requests that the following item be placed on the May 6 City Council Consent Agenda for Council's consideration. Architectural Building Supply Change Order #1 Additional work per Architect's Supplemental Instructions "ASI's" #64. All work under this Change Order #1 will be completed pursuant to the existing Phase 2 Core & Shell Improvements — Doors & Frames - contract dated June 4, 2007. Recommended Council Action: Approve Change Order #1 to Architectural Building Supply for a decrease in the amount of ($897.00) and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 On r - 33 E.. =T TIMES: MERII)" °. 3642 CONTRACT ()RDF NTRACTOR: ARCHITEC SLC 'NG SI )JECT! MERIDIAN CITY H _ 2 Core 8 Contractor Is hereby directed t 1, wing ch niptlon: Incorporate revisions • NO. 01 H-06-001 Int d Plans. ALL OTHER TERMS AND CONDIT1 - _ SAW Reason for Change Order Additi, ,• :tonsil Attachments: Change Order Item F ed 4J8Ir qu t CHANGE IN CONTFt. CI fc E =T TIMES: Original Contract Price $ 7,820. i Tl ,es mpmon 8/ A01 Net changes form previous Change r - -- pr :vi c ers No. 0 to 0 af, ,d $0.00 Contract Price Prior to this Change G nor o -der. 'te) $7,820.00 Net Increase (decrease) of ibis Ch ($897.00) Contract Pdoe with all Approved Ch- n all , e Orders: $6,923.00 Or �► _' _008 RECOMMENDED: (comsTRUcnor, AT , Petra Inc. '�- 'ui; By: Thomas R. Cough Date: % ' " 4-'17 j% APPRO lizu. (C CHnswG ac. BIT K Date: 5, (0 _ D C , APPROVEO�(CITY) - C By: Mayor Tammy deWeerd Date: c. $x" 1 r tst • �� PROPOSED CHANGE ORDER ilpTY��� aNo. ilii 323-4500 BOISE, IDAHO RCE -1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & RFI Pricing- Phase II DATE: -3/25/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Stewart Jensen CONTRACT NO: 7 Architectural Building Supply 960 E. Franklin Rd. Meridian, ID 83642 Phone: 208-884-8917 Fax: 208-884-5641 I;7;F To: DESCRIPTION OF PROPOSAL **All taxes are included in costs** Item Description. 00001 ASI#64 Front entrance closers (COR#7) - Eliminate floor closers, add floor pivots and supply surface mount closers, 351PS EN x drop plate, for installation by others. ABS quote 1/28/08 APPROVAL: By: Date: -1// / �?' Expedition From: Quantity Units 1.000 LS Number: Unit Price Tax Rate Tax Amount Net Amount ($897.00) 0.00% $0.00 ($897.00) 0% Unit Cost: ($897.00) Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 GC Markup: $0.00 Total: ($897.00) 13V rchitec6ur"Widinga Sunp Lombard Conrad Architects pply •. --- 4�77,y; Date: IO -Y2 MERIDIAN CITY HALL PROJECT NO: CH -06-001 ABS - Phase 2 (07) 04/08/08 CHANGE ORDER NO 1 CHANGE ORDER ITEMS ABS Phase 2 (07) PCO #01 - ASI 1 ASI 64 Front Entrance Closers (COR#07) (897.00) Eliminate floor closers, add floor pivots and supply surface mount closers, 351 PS EN x drop plate, for installation by others. ABS quote 1/28/08 (897.00) Page 1 of 1 Company: Petra Inc Attention: Tom Coughlin Phone: 323-4500 Fax: 32311507 Email: ARCHITECT RrJ4L Sul. SU PPLI Change Order Request Form From: Stewart Jensen Email stewart0absdoor_s_cxarn Date: 1-28-08 Job: Meridian City Hall Change Order Information: COR #00007 — Change from Floor Closers to Surface Closers Here is the pricing for the above requested change. ArG4 The above materials cannot be ordered until we receive written authorization. If you need these materials faster than a formal change order can be generated authorize below. Signature: Date: Print= 960 East Franklin Road • Meridian, Idaho 83642 208-684-8917 • fax 208-884-5641 • www.absdoors.com 1 of 1 Dr. Qty Description Item No. No. Fact Sell wITax -8 Cbsors Eliminate Floor Closers S0-27/4 (3.187.00) 8 Hinges Add Pivot Set 9117 1,272.00 8 Closers 351 PS EN x Drop Plate 1.018.00 Total for this Change $ (897.00) ArG4 The above materials cannot be ordered until we receive written authorization. If you need these materials faster than a formal change order can be generated authorize below. Signature: Date: Print= 960 East Franklin Road • Meridian, Idaho 83642 208-684-8917 • fax 208-884-5641 • www.absdoors.com 1 of 1 5 Change Order Request Form Company: Petra Inc From: Stewart Jensen Email stewart(cD-absdoors.com Date: 9-24-07 Attention: Wes Bettis Job: Meridian City Hall Phone: 323-4500 Fax: 323-4507 Email: Change Order Information: COR #00004 — Change from Floor Closers to Surface Closers Here is the pricing for the above requested change. Dr. Qty Description Item No. No. Ext Sell w/Tax -8 Closers Eliminate Floor Closers SC -27-3/4 (3,187.00) 8 Hinges Add Pivot Set #117 1,272.00 1 Closers Surface Closers by Others - Total for this Change $ (1,915.00) The above materials cannot be ordered until we receive written authorization. If you need these materials faster than a formal change order can be generated authorize below. Signature: Print: Date: 960 East Franklin Road • Meridian, Idaho 83642 208-884-8917 • fax 208-884-5641 • www.absdoors.com 1 of 1 May 2, 2008 Department Report MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Finance Department ITEM NO. 6-D-10 REQUEST Change Order No. 1 with Simplex Grinnell for a Not to Exceed Amount of $2,917.98 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent �1 CC: Tara Green Date: 5/1/08 Re: May 6 City Council Meeting Agenda Item City OfIVIeri iay, CikV Clerk Cf -lee The Purchasing Department respectfully requests that the following item be placed on the May 6 City Council Consent Agenda for Council's consideration. Simplex Grinnell Change Order #1 Additional work per Architect's Supplemental Instructions "ASI's" #41,50,56,60,65,67,68,69,70,71,63 & RFI's 58,65,68. All work under this Change Order #1 will be completed pursuant to the existing Phase 3 Tenant Improvements — Elevators - contract dated July 17, 2007. Recommended Council Action: Approve Change Order #1 to Simplex Grinnell for additional work for a Not -To -Exceed amount of $2,917.98 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 CIT' F 3 ,o. 01 33 1-06-001 MER" ;42 r A 17 =Fi CONTRAC- CONTRACTOR: SIMPLEX 411. PROJECT: MERIDIAN CITY LL tenant The Contractor Is hereby director, Wing ct n 9 Plans. Description: Incorporate nevisin r 7084 a 81 ALL OTHER TERMS AND CONDI- ^ qtr= Reason for Change Order. Adr1io s ,s per . Attachments: Change Order Item 0 Ath coni CHANGE IN COPT: TIMES: Original Contract Price $ 412 c. npletion 8/28/08 Net changes form previous Change c ?v .rs Na - to - $ —0— Contact Puce Prior to this Chani„ ($412,879.00 Net Increase (decrease) of this -)rder. $2,917.98 Contract Price with aR Approved c -- — Orders: $415.796.98 008 RECOMMENDED: (CQNSTRUCTIr Petra Inc. B]r. Thomas. hlin/C/ G r rjt/ i l �IaS Date. 4o,77 � 0 APPR PU C G A. OF 65 tts Dater APPROVED By: Mayor Tammy de Weert,,, Date: 5. (e , �' `'rrrrrr 1,`,�```��. Pi May 2, 2008 Department Report MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Finance Department ITEM NO. 6-D-11 REQUEST Change Order No. 3 with TMC Masonry for a Not to Exceed Amount of $5,989.71 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See affached Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green Date: 5/1/08 Re: May 6 City Council Meeting Agenda Item 0 RECT`41ATiP .4j MAY' 3 1 26,08 City Of Meridia-r� Cater Clerk Oce The Purchasing Department respectfully requests that the following item be placed on the May 6 City Council Consent Agenda for Council's consideration. TMC Masonry Change Order #3 Additional work per Architect's Supplemental Instructions "ASI's" #51.& 54, and RFI 93. All work under this Change Order #3 will be completed pursuant to the existing Phase 2 Core & Shell - Masonry & Stone - contract dated May 8, 2007. Recommended Council Action: Approve Change Order #3 to TMC Masonry for additional work for a Not -To -Exceed amount of $5,989.71 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 04/17/2008 TSU 15:23 FAX 2 ,ra 0 r 6-1' 4 5 'ROVED. tCrM -„-� � Mayor Tammy dde�Weter 9 5-6 -ok 0002/013 '1F ,o. 03 C` _ �r �-0"01 M )W CONTRA 'C' RD CONTRACTOR: TMC I :)Nl PROJECT: MERIDIAN C I LAU re The Contreaw is hereby dirt o rr -i ng r -a Plan$. Description: bworporrte revs P and r ALL OTHER TERMS AND Co ON' � Ar Reason forChan9e Order r nal ons Allachmeribc Change order ' Ae* a 4/e " . TIMES: C` /��C�HwA.Nw�GpE�.INN Original COf1ww f 11cs � .7L _ "lplation era= Net changes form previous Ch- ')r& • _ No. 01 to 02 ($32,024.00) Contract Price Prior to this Cc, rde ar. $1.552,735.00 Net Increase (dectme) of tht� + der. $5,98.9.79 Cordract Pdoewith etApprow ,go 0 orders: SIAN.725.71 A08 RECONNENDEM (CoNj rw Petra Inc. By: Thomas I2. Coughlin Dace: y,2, r 6-1' 4 5 'ROVED. tCrM -„-� � Mayor Tammy dde�Weter 9 5-6 -ok 0002/013 04/17/2008 THU 15:23 FAX 208 323 4507 Petra Inc. Q003/013 AOL Aft OPOSED CHANGE ORDER NO -00003 323-4500 BOISE, IDAF 1097 N. ROSARIO STREET • MERIOi.�{Ty SID H3642�,. SHONE: (208) 323-4500 •FAX: (208) 323-4507 r g� 8 6h.bad .Y TITLE: ASI & RFI Pricing DATE:" 3/20/2008 PR03ECT: Meridian City Hall 308: 060675 TO: Attn: Michelle Waltz - — - --- CONTRACT NO: 5 TMC Inc. 2313 W. Overland Boise, ID 83705 Phone: 208-331-8200 Fax: 208-331-8301 RE: To: From: DESCkIPTION OF PIIOPOSAL' $5,989.71 **AII taxes are included in costs** $0.00 Item Description Quantity Units" 00001 ASI#51 Window header detail (COR#4) 1.000 LS 00002 ASI#54 Adi roof elevation & additional TS support 1.000 LS @ stair towers (COR#5)- add grout at top of wall $5,989.71 for tube (TMC quote 3/17/08)—Revised— Cut CMU block to allow for clearance for str steel column, TMC quote 11/27/07 00003 RFI#93 Relief angle @ stair towers (COR#6)- 1.000 LS Install 8"x8" relief angles on north & south stair towers. Angels supplied by others, TMC quote 3/13/08 APPROVAL: By: Date: ,V/2 EYpadaion Number: :Unit Prlce Tax: Rite- ' Tax Amount Net-AMount $5,051.31 0.000/0 $0.00 $5,051.31 $675.05 0.000/0 $0.00 $675.05 $263.35 0.00°/a $0.00 $263.35 Unit Cast: $5,989.71 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $5,989.71 By. By: C Inc. Lomberd Conrad Architects Date: Date:: 13OPOSED CHANGE ORDER • PET; AM No. 00003 323-4500 BOISE, IDAHO RCE -1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & RFI Pricing DATE: 3/20/2008 PR03ECT: Meridian City Hall 3OB: 060675 TO: Attn: Michelle Waltz CONTRACT NO: 5 TMC Inc. 2313 W. Overland Boise, ID 83705 Phone: 208-331-8200 Fax: 208-331-8301 RE: To: From: DE=SCRIPTION OF PROPOSAL $0.00 **All taxes are included in costs** $0.00 Item Description Quantity Units 00001 ASI#51 Window header detail (COR#4) 1.000 LS 00002 ASI#54 Adi roof elevation & additional TS support 1.000 Ls @ stair towers (COR#5)- add grout at top of wall for tube (TMC quote 3/17/08)—Revised— Cut CMU block to allow for clearance for str steel column, TMC quote 11/27/07 00003 RFI#93 Relief angle @ stair towers (COR#6)- 1.000 LS Install 8"x8" relief angles on north & south stair towers. Angels supplied by others, TMC quote 3/13/08 APPROVAL: By: Petra Incorporated Date: Expedition By: Date: TMC Inc. Number: Unit Price Tax Rate Tax Amount Net Amount $5,051.31 0.00% $0.00 $5,051.31 $675.05 0.00% $0.00 $675.05 $263.35 0% 0.00% $0.00 $263.35 Unit Cost: $5,989.71 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 GC Markup: $0.00 Total: $5,989.71 By: Lomb rd Conrad Architects Date: A I a8 MERIDIAN CITY HALL PROJECT NO: CH -06-001 TMC MASONRY - Phase 2 (06) 04/08/08 CHANGE ORDER NO 3 CHANGE ORDER ITEMS 1 ASI 51 Window Header Detail (COR#04) 5,051.31 Add thin brick veneer TMC quote 11/21/07 2 ASI 54 Adj Roof Elev & Add TS support @ Stair Towers (COR#05) Add grout at top of wall for tube TMC quote 3/17/08 Revised 571.55 Cut CMU block to allow for clearance for str steel column. TMC quote 11/27/07 103.50 675.05 3 RFI 93 Relief Angle @ Stair Towers. (COR#06) Install 263.35 8" x 8" relief angles on noth & south stair towers. Angles supplied by others. TMC quote 3/13/08 5,989.71 Page 1 of 1 TM(! iNc. MnsorRv coNrencroRs 2313 West Overland Road Boise, Idaho 83705 (208) 332-8200 (208) 331-8342 fax CHANGE -ORDER PROPOSAL #S Revised Date. March 17, 2008 General Contractor: Attention: Wes Bettis Project Name & Address: Petra Inc. Fax: 323-4507 Meridian City Hall 33 East Broadway Ave Meridian, ID 83642 ASI #511 SK -1 Revised Window Header Detail OFA. MAR 18 P008 By - LABOR Unit QU 1 Mason Hrs 20 @ $48.00 $960.00 2 Hoddie Hrs 40 @ $42.D0 $1,680.00 EQUIPMENT Equip. & Fuel $125.00 $125.00 MATERIAL Thin Brick Ea 800 Co $1.09 $872.00 Grout Bag 2 @ $54.99 $109.98 Versabond Bag 15 @ $13.89 $208.35 Glue Gal 5 @ $44.00 $220.00 Mise Accessories @ $125.00 Tax $92.12 Subtotal $4,392.45 OH&P $658.87 TOTAL $5,051.32 Thank you for your consideration. If you have any questions or require clarification please call at your convenience. TMC, Inc. Rik Dooms ID -103315 -AAA -4(04000), DBA McGourty Masonry N V-47227, CA -759N4 OR 82857, WA-TMCIN"088M Ur -99 371303-5501, AZ -155419 TM(! mc. • MASONRY COMRACfORS 2313 West Overland Road • Bolsa, Idaho 83705 (208) 331.8200 (208) 331-8342 fax CHANGE ORDER PROPOSAL #5 Date: November 21, 2007 General Contractor: Attention: Wes Bettis Project Name 8t Address: Petra Inc. Fax: 323-4507 Meridian City Hall 33 East Broadway Ave Meridian, ID 83642 ASI #51 / SK -1 Revised Window Header Detail Add Labor - Materials - W •r1 GD vo� V16 $3,680.00 $5,520.00 $9,200.00 Thank you for your consideration. If you have any questions or require clarification please call at your convenience. TMC, Inc. Rik Dooms ID-10335-AA.A-4(04000), DBA McGourty Masonry NV47227, CA -759884 OR -82857 WA-TMCIN**088M UT -99 371303-5501, AZ -155419 ECOPY ARCHITECT'S SUPPLEMENTAL INSTRUCTIONS Date: 11120107 AS! #- . . 51 OrOjed Name: Meridian City Hall 06.016.01 File Code: 9-h Owner. City OfM"an conh2dot-. Petra Incorporated 130wner ofthited 13consultant 13Contactor cAeld 00tiff The Work shall be carried out In accordeow . with the foWng supplemental instructions issued in accordance WMIM CbnbW Documents without change In Contract Sum or ContractTime. Prior to ixtbeeding hacourdam with this instruction, inmate your acceptance of -this -Instruction. fbr in*L minor chango to Itie Work as consistent with #4 Contract Documents and return a copy to the Architect. R010rence, Full Toned Improvement with MEFPz Shod MX: Revise Detail DI per M*.s-.ed sleet* SK -1. " this revision only occas at the heart of Widow type 7 along gridlines; 1 and 12,. bebmn gridlines F -J, All other locationsaris to be per the Construction Documents. AdmWedged By. Attachmerft- Shoots SK4 BreltAft Lombard -Conrad ArchP.A.P 00D16.01 AS151 112DO7 BPbo 9, h4w PAGE I OF I Lww"Mw k"Nb 1221 Shoroft Ln. Boise, ID 83702 ph: 20BN5.6677 2MMMM TM(!- iNc. 6 MASONRY CON1R4CfORS r� J 2313 West Overland Road Boise, Idaho 83705 (208) 331-8200 (2flM) 331-8342 fax G CHANGE ORDER PROPOSAL No. 7 Revised Date: March 18, 2008 Genera! Contractor: Petra Inc, . � d Attention: Jon Andmpn Fax: 323-4507 Gf°`�� v S Project Name & Address: Meridian City Hall A010 VI/ 33 East Broadway Ave Meridian, ID 83642 ASI #54 / COR #005 Add grout of top of walls Grid Line 10 LABOR 2 Hoddles 3 Hrs ea @ $42.00 $252.00 MATERIAL 80# Grout 25 Bags @ $4.00 $100.00 Epoxy 2 Tubes @ $25.00 $50.00 Tax $9.00 Rebar Dowels/Cut & installed 16 @ $2.25 $36.00 EQUIPMENT Rotohammer, Scaffold. Fuel $50.00 Subtotal $497.00 OH&P $74.66 TOTAL $571.55 Thank you for your consideration. If you have any questions or require clarification please call at your convenience. TMC, Inc. Tim McGourty ID -10335 -AAA -4(04000}, DSA McGourty Masonry NV -47227, CA -759884 OR -827857, WA-TMC1N¢*088PZ, UT -99 371303-5501, AZ -155419 TMuvc. � MASONRY CONTRACrORS 2313 West Overland Fuad • Ba1se, :Waha 83705 (208) 331.8200 (208) 331-8342 fax CUMGE ODER PROPOSAL No. 7 Date: December 10, 2007 General Contractor: Petra Inc. Fax: 323-4507 Attention: Jon Anderson Project Name & Address: Meridian City Hall 33 East Broadway Ave Meridian, ID 83642 ASI #54 / COR #005 Add grout of top of wails Labor $.535.00 Materials $224.00 OH&P $114.00 Total $873.00 Thank you for your consideration. If you have any questions or require clarification please call at your convenience. TMC, Inc. Tim McGourty ID-10335-AAA4(04000), DBA McOpurty Masonry NV -47227, CA -759884 OR -82857, WA-TWIN"088P7. UT -99 371303-5501, AZr153419 TM(! iNc, MASONRY CONTRACTORS 2313 West Overland Read • P,aise, Idaho 83705 (208) 331.8200 1208) 33141342 fax • CHANGE ORDER PROPOSAL #6 _/ �J Date: November 27, 2007 4 /1D General Contractor: Petra Inc. �!Iv Attention: Wes Bettis Fax: 323-4507 Project Name & Address: Meridian City Hall 33 East Broadway Ave Meridian, ID 83642 Cut Block for Welder at Block Towers to allow the addition of the next vertical column. LABOR 1 Mason x 1 Hr @ $48.00 $ 48.00 1 Hoddie x 1 Hr @ $42.00 $ 42.00 $ 90.00 OH&P $ 13.50 TOTAL $103.60 Thank you for your consideration. If you have any questions or require clarification please call at your convenience. Shawna Kubitschek TMC, Inc. ID -10335 -AAA -4(04000), DBA McGo" Masonry NV -47227, GA -759884 OR412857, WA-TMCIN**MPZ, UT -99 371303-5501, AZ -155419 �a� TMS iNc. 0 k nusormY cnmRncroRs 2313 West Overland Read Balsa, Idaho 83705 (208) 331.8200 (208) 331-8342 fax Date: M Q.0 -N i:?> 2 -cos General Contractor: Petra Inc. Fax: 323-4507 Attention: Jon Anderson Project Name & Address: Meridian City Hall 33 East Broadway Ave Meridian, ID 83642 Installation of 8 x 8 Relief iron on North & South Stair Tower LABOR 1 Mason 2.5 Hrs @ 2 Hoddies 2 Hrs @ EQUIPMENT Rotohammer $48.00 $120.00 $42.00 $84.00 $25.00 Subtotal $229.00 OH&P $34.35 TOTAL $263.35 Thank you for your consideration. If you have any questions or require clarification please call at your convenience. TMC, Inc. Tim McGourty T--^ ID -10335 -AAA -4(04000), DSA McGourty Masonry NV47227, CA -759884 OR -828,57, WA-TMCIN**088P7, UT -99 371303-5501, A7-155419 i TMC INC. MASONRY CONTRACTORS 2313 W. Overland Rd a Boise. M 83705 (208) 331-8200 a Fax (208) 331-8301 DATE FAQ{ # : 52;5 �f` b FROM:_ J Aaw'f� imam" iloi/ D/ m NUMBER OF PAGES WCT UDLNG COM SFiF . - ,2 • • May 2, 2008 Department Report MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Finance Department ITEM NO. 6-D-12 REQUEST Change Order No. 2 with Tri-State Electric for a Not to Exceed Amount of $12,059.26 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. i Memo To: Jaycee Holman, City Clerk B� From: Keith Watts, Purchasing Agent ent V" CC: Tara Green Date: 5/1/08 Re: May 6 City Council Meeting Agenda Item • ra". 17-1 ' g t - - n "Y Of i�YeridiaL City Clerk Oj1r The Purchasing Department respectfully requests that the following item be placed on the May 6 City Council Consent Agenda for Council's consideration. Tri-State Electric Change Order #2 Additional work per Architect's Supplemental Instructions "ASI's #21, 26,29,35,38,41,47,45,50,56,58,59,60,65,66,67,62,68, 69 70 71 & 72 and RFI's 58, 62,63,65,68,70,71,66,83,84,85,90,99, & 44 All work under this Change Order #2 will be completed pursuant to the existing Phase 3 Tenant Improvements — Electrical - contract dated July 17, 2007. Recommended Council Action: Approve Change Order #2 to Tri-State Electrical for additional work for a Not -To -Exceed amount of $12,059.26 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 0 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER u CHANGE ORDER NO. 02 PROJECT NO. CH -06-001 DATE: 04108/08 EFFECTIVE DATE: CONTRACTOR: TRI STATE ELECTRIC PROJECT: MERIDIAN CITY HALL - Phase 3 Tenant Improvements The Con ractork hereby directed to make the fallowing changes from the Contract Documents and Plans. Description: Incorporate revisions per ASrS 21, 26, 28, 35, 38, 41, 47, 45, 60, 56, 68, 58, 60, 65, 60, 87, 82, 88, 68, 71, 70, 72 a RFPs 68, e2, 63, as, es, 70 ,71, 6s, 83, 84, 86, g0, 88, 44 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order. Additional scope 8 revisions per listed ASI'S S RFI'S Attachmimls: Cfwge Order item Not dated 4/8/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $2,749,895.00 Original Contract Times: Substantial Completion 8128108 Net changes form previous Change Orders Net changes form previous Change Orders No. - to 01 No. * to _ (cakmdar days) ($6,064.76) None Contract Price Prior to Oft Change Order. Contract Torres prior to this Change Order. (catendardaysordaft) $2,743,830.24 8128/2008 Net Mcresse of this Change Order. Net Increase (decrease) of this Change Order. (calinfar days or doe) $12,059.26 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: radar dop) $2•755.M9•60 SubsUndal Completion 8128/2008 RECOMMENDED:(CONSTRUCTION ) ACCEPTED: (C CTOR) Petra Inc. Tri State EI By: Thomas Cao 1' By: Jay Gooden Date: o� Date: A lc(os APPRO (C PURw AGE" COUNCIL APPROVAL Ke/ efts Date. 5. 1 ttJJ Date: (,p , APPROVED: ( ATTEST: �. ommy de 10 �► Date: GJ (a -Oil By: City Clerk, Jeyoee Holman Data: 7-02 STAL 5- '-. >� . r last •� �•�,`.: • 6 323-4500 BOISE, IDAHO RCE -1875 &OPOSED CHANGE ORDER No. 00002 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE; ASI & RFI Revisions DATE: 4/1/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: )ay Gooden CONTRACT NO: 34 Tri State Electric 7790 Mossy Cup Boise, ID 83709 Phone: 208-362-4636 Fax: 208-362-1716 RE., To: From: Item. .Descr%pporR 0.00% 00001 ASI#21 Relocated card readers (C0R#1) 1.000 00002 ASI#26 Additional card readers (COR#2) 1.000 00003 ASI#29 Smoke Dampers (COR#3) 1.000 00004 ASI#35 Dods & screen wall revisions (COR#7) 1.000 00005 ASI#38 Security- Card Reader add (COR#8)- Add 1.000 $0.00 card readers at it locations. TriState quote LS $1,394.41 11/13/07 $0.00 00006 RFI#58 Riser Rm#130- AH] issues (COR#9) 1.000 00007 ASI#41 Delete Shower Rms (COR#30). TriState 1.000 LS quote 11-13-07 0.000/0 00008 ASI#47 First floor VAMs revision locations 1.000 $0.00 (COR#11) $0.00 00009 ASI#45 Ceiling & soffit @ lobby (COR#12) 1.000 00010 ASI#50 Return air path & duct revision (COR#13) 1.000 00011 RFI#62 Reduce data drops (COR#14) 1.000 00012 RFI#63 Tube steel braces @ Bev Room (COR#15) 1.000 00013 RFI#65 2nd floor dimensions (0011#16) 1.000 00014 ASI#56 Rev wall types & add duds (COR#17) 1.000 00015 RFI#68 Ceiling @ lobby 111 & Rm.112 (COR#18) 1.000 00016 RFI#70 Duct conflict Rm.142 (COR#19 1.000 00017 RFI#71 Gas meters & CU locations (COR#20) 1.000 APPROVAL: By: Date: 4//13'/0 Expedition Number: Untts: Uii[it Price Ttic Rath.: Tax Amount Net Amount LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.000/0 $0.00 $0.00 IS $0.00 0.00% $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 LS $1,394.41 0:00% $0.00 $1,394.41 LS $0.00 0.00% $0.00 $0.00 LS ($675.16) 0.000/0 $0.00 ($675.16) LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.000/0 $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 Unit Cost: $12,059.26 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $12,059.26 By: ��.vc.✓� By: Tri State Ele-1 r r Lombard Conrad Architects Date: L-4 Loa Date: -1 I I Qj& T \`WO ORDER 323-4500 BOISE, IDAHO RCE -1875 1097 N. ROSARIO STREET 9 MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: 208) 323-4507 TITLE: ASI & RFI Revisions DATE: 4/1/2008 PROJECT: Meridian City Hall 7OB: 060675 TO: Attn: Jay Gooden CONTRACT NO: 34 Tri State Electric 7790 Mossy Cup Boise, ID 83709 Phone: 208-362-4636 Fax: 208-362-1716 RE: To: From: Item De cri Non =' 0.00% 00018 RFI#66 Fre alarm smoke detectors (COR#21)- 1.000 $0.00 Add three smoke detectors. Tristate quote 1/22/08 $0.00 00019 ASI#58 Power RI locations for shades (COR#22) 1.000 00020 ASI#59 Cable tray locations (COR#23)- Cable tray 1.000 LS locations to be finalized at based on final 0.000/0 $0.00 configuration includes ASI#49 & ASI#59 to LS $0.00 date. ->Price TBD $0.00 00021 RFI#83 T-Stat conduit upsize (COR#24)- Upsize 1.000 0.00% conduit to allow T-Stat connectors to be passed $0.00 LS thru. Tristate. quote 1/20/08 0.00% 00022 ASI#60 Storage closets- Basement RR (COR#25) 1.000 00023 ASI#65 Room layout 159 & 160 (COR#26) 1.000 00024 RFI#84 ag Hgt & dimensions -1st floor (COR#27) 1.000 00025 RFI#85 Ext light fixture (COR#28)- Add additional 1.000 LS exterior light fixture. TriState quote 3/8/08 0.000/0 00026 RFI#90 Floodlight &clock rough -in (C0R#29) 1.000 00027 ASI#66 Lavatory sensors (COR#30) 1.000 00028 ASI#67 Basement shower dimensions (COR#31) 1.000 00029 ASI#62 Rev wall locations & door swings 1.000 LS (COR#32) 0.00% 00030 ASI#68 Window addition @ Rm.311 (COR#33) 1.000 00031 ASI#69 Dr/soffit Rev Rms.234 & 240 (COR#34) 1.000 00032 ASI#71 Window type at Rms.155 & 161 (COR#35) 1.000 AV VKUVAL: By: Petr Incorporated Date: Ew&on Number: UnRs: ` . Unit Pt�c Tax 7'liouint Set Amduint LS $1,047.00 0.000/0 $0.00 $1,047.00 LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 LS $7,293.33 0.00% $0.00 $7,293.33 LS $0.00 0.000/0 $0.00 $0.00 LS $0.00 0.000/0 $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 LS $1,890.34 0.00% $0.00 $1,890.34 LS ($1,248.18) 0.00% $0.00 ($1,248.18) LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.000/0 $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 Unit Cost: $12,059.26 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 OA Total: $12,059.26 By: By: Tri S e Electric Lombard Date: Date: Architects Page 2 of 3 Wim L AIV ill" ' i�K `No -00002 323-4500 BOISE, IDAHO RCE -1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 Tn'LE: ASI & RFI Revisions DATE: 4/1/2008 PR03ECT: Meridian City Hall 3OB: 060675 TO: Attn: Jay Gooden CONTRACT NO: 34 Tri State Electric 7790 Mossy Cup Boise, ID 83709 Phone: 208-362-4636 Fax: 208-362-1716 [ IA To: From: Number: iteri� Da iOti _ r .: " Q WOW Unify _ urilt Pace 7�c R6 :Tax:AM dulIt: 'N.et Ami> unt 00033 ASI#70 Ceiling & Dr Rev @ Rm.143 (COR#36) 1.000 LS $0.00 0.00% $0.00 $0.00 00034 RFI#99 Fire alarm questions (COR#39) 1,000 LS $0.00 0.000/0 $0.00 $0.00 00035 RFI#44 Fire dampers (COR#40)- Add 3 fire/smoke 1.000 Ls $0.00 0.00% $0.00 $0.00 dampers. Tristate e-mail 3/20/08 00036 ASI#72 IT area revisions (COR#41)- Add 2 light 1.000 LS $2,357.52 0.00% $0.00 $2,357.52 fixtures & 1 FA horn. TriState quote 3/24/08 Unit Cost: $12,059.26 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 '3 Total: $12,059.26 APPROVAL: ' By: By: P ncorporated Tri Stce Electric Date: Date: By: Lombard Conry Architects Date: Page 3 of 3 MERIDIAN CITY HALL 1 PROJECT NO: CH -06-001 TRISTATE ELECTRIC - Phase 3 (34) 04/08/08 CHANGE ORDER NO 2 12,059.26 Page 1 of 1 CHANGE ORDER ITEMS ASI 21 Relocate Card Readers (COR#01) 0.00 ASI 26 Add'I Card Readers (COR#02) 0.00 ASI 29 Smoke Dampers (COR#03) 0.00 ASI 35 Dock & Screen Wall Revisions (COR#07) 0.00 ASI 38 Security - Card Reader Add (COR#08) 1,394.41 Add cardreaders at 11 locations TriState quote 11/13/07 RFI 58 Riser Rm 130 - AHJ Issues (COR#09) 0.00 ASI 41 Delete Shower Rms (COR#10) (675.16) Tri-State quote 11/13/07 ASI 47 First Floor VAV's Rev Locations (COR#11) 0.00 ASI 45 Ceiling & Soffit @ Lobby (COR#12) 0.00 ASI 50 Return Air path & Duct Rev (COR#13) 0.00 RFI 62 Reduce Data Drops (COR#14) 0.00 RFI 63 Tube Steel Braces @ Elev Room (COR#15) 0.00 RFI 65 2nd Flr Dimensions (COR#16) 0.00 ASI 56 Rev Wall Types & Add Ducts (COR#17) 0.00 RFI 68 Ceiling @ Lobby 111 & Rm 112 (COR#18) 0.00 RFI 70 Duct Conflict Rm 142 (COR#19) 0.00 RFI 71 Gas Meters & CU Locations (COR#20) 0.00 RFI 66 Fire Alarm Smoke Detectors (COR#21) 1,047.00 Add three smoke detectors. TO State quote 1/22/08 ASI 58 Power RI Locations for Shades (COR#22) 0.00 ASI 59 Cable Tray Locations (COR#23) TBD Cable tray locations to be finalized at based on final configuration includes ASI -49 & 59 todate RFI 83 T-Stat Conduit Upsize (COR#24) 7,293.33 Upsize conduit to allow T-Stat connectors to be passed thru. Tri-State quote 1/30/08 ASI 60 Storage Closets - Bsmt RR (COR#25) 0.00 ASI 65 Room Layout 159 & 160 (COR#26) 0.00 RFI 84 Clg Hgt & Dimensions - 1st Flr (COR#27) 0.00 RFI 85 Ext Light Fixture (COR#28) 1,890.34 Add additional exterior light fixture. Tri-State quote 3/8/08 RFI 90 Floodlight & Clock Rough -in (COR#29) (1,248.18) ASI 66 Lavatory Sensors (COR#30) 0.00 ASI 67 Bsmt Shower Dimensions (COR#31) 0.00 ASI 62 Rev Wall Locations & Door Swings (COR#32) 0.00 ASI 68 Window Addition @ Rm 311 (COR#33) 0.00 ASI 69 Dr/Soffit Rev Rms 234 & 240 (COR#34) 0.00 ASI 71 Window Type at Rms 155 & 161 (COR#35) 0.00 ASI 70 Ceiling & Dr Rev @ Rm 143 (COR#36) 0.00 RFI 99 Fire Alarm Questions (COR#39) 0.00 RFI 44 Fire Dampers. (COR#40) 0.00 Add 3 fire/smoke dampers Tri-State email 3/20/08 ASI 72 IT Area Revisions (COR#41) 2,357.52 Add 2 light fixture & 1 FA hom Tri-State quote 3/24/08 12,059.26 Page 1 of 1 Tri State Electric Representative Name: Jay Goode Title: Project Manager/I Signature: Fj Estimate - 717msjw frAK ELECTRIC Price per I Material I Labor Hours I Labor MaterialHours Un— It Unit IuTota! I Labor �. Tri State Electric Chat Customer Information Company Name: Petra, inc. Contact Name: Wes Bettis Address: 1097 North Rosario Street City: Meridian State: Idaho Job Name: Meridian City Hall GC Tracking Number. TSE Tracking Number. #610 Date: November 13, 2007 G Ah,0 Description of Change: 1 As per ASI # 38. yL Tri State Electric Representative Name: Jay Goode Title: Project Manager/I Signature: Fj Estimate - 717msjw frAK ELECTRIC Price per I Material I Labor Hours I Labor MaterialHours Un— It Unit IuTota! I Labor �. 0 • 011- .4 # No 0 • 01/1012008 11:46 two fire & Sestarity 208-02192 SIWLEXGRINNELLO 12443 W F..xewdve Dr Boise, ID 83713 (209) 375-2111 FAX.• j2r18) 376-2192 wwwsimplex Lcom TeteFax Transmission ihGafa��etrarrsmtss;7n m�roorRai, ocaYio'an(falandVara[tom�e�'r�ntluh�egedk�nnat�► hebngdng/otrresarle� 7tdsbn'arr�o�r�htade�doNyrorrrieaseofrl�eaet�dy►�anearan Ihtsua,s�nJ�nst�f.lfpvae,�U►eb�P�s►eded ora�et�p/oyeearegnt,rort�e Qrer�ntbsanln� %uarehas6ymordiedfi�tarydtsdbsun; tak'ogofargre<tdon8►onu�eoonterds�th�rel�cigded6danrd�nis 2417 Emergency Service vete Thursday, January Ia. 2008 • Rre8pdnWer9yste= a""pany Tri-State Electric Inc • Fre Detection & Alarm TM W Mossy Cup St Base ID, 83709-8304 • Fre Extinguishers • PangeHoodSWems Attention 3t0( A6A �c • Spedal Haa3rd Systems Fax Aro .3&;L- ru to • Integrated+ AMc stfone Flom Chris Bedwdd • evens saw Meridian City Hall GO RFI -66 • Sound & QommuNcarlans Na of pages 4 . Time&Work%ncernej Menegement ` Bragency B.Ghting • Sy+sten Design & hda1etron • RojeaMmagernent • inspection & Testing • PreveMiueMainterwr�e Over 150 offices in pMdpal ddesthr0LKJhOUt North America. Formadcding brochow regarding SmplexQinndl vAtemsardswWoes. C811 "00-746a539. PAGE 01 01110/2008 11:46 208-2192 SIWq_EXGRINNELL, PAGE 02 Simpler , ifanell 12443 W Executive Dr Balsa, ID 83713 (208)376-2111 FAX (208) 376-2192 www.Wmploxgdnndf.com Simplexednneli Quotation TO: Trl-State Electric Inc Project: Meridian City Hall C/0 RFI -W 7790 W Mossy Cup St Customer Reference: Base, ID 83709-8304 SimplexGrinnell Reference: 933809003 Prapasal P. P24271-WO032 Date: 01/10/2008 Page 1 of 3 SlmplexGdnnell is pleased to offer for your consideration this quotation for the above project. QUANTITY MODEL NUMBER DESCRIPTION Meridian City Hai! C!O RFI -66 Change Cinder RE: RFI -68 4098-9792 SENSOR BASE 4098-9714 PHOTO SENSOR DlsMct Services - Meridian City Hall C/O RFI -66 CAD LAB CAD LABOR PM LAB PROJECT/CONSTRUCTION MGMT Total net selling price, FOB stripping point,, $426.00 Comments This Quote is in response to RFI - 68 which requires three addttlonal smoke detectors due to a beam In excess of 12 Inches In room numb 12. An pricing Is parts and smarts services and an comments from the original quote apply to this quote. THIS QUOTATION AND ANY RESULTING CONTRACT SHALL HE SUBJECT TO THE GENERAL TERMS AND CONDITIONS ATTACHED 148WO. 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Pablo 12443 WExaoag e W Baba, id 0713 CO T M M2111 Fax M 376.2192 Adana bra _ Chft BOW spa= End: dfefetsti{!N>axkltcom Title P.G*. rtre, becuntY, carnmuNc;ations, Sales & Service Offices & Representatives in PrIaMal Cities thrroughout North America Oak �y GdR" 0 0 C� $CHANGE ORDER REQUEST No. 00024 323-4500 BOISE, IDAHO RCE -1875 1097 N. ROSARIO STREET - MERIDIAN, ID 83642 - PHONE: (2b8) 323-4500 - FAX: (208) 323-4507 TITLE: RFI -083 T-Stat Conduit DATE: 1/23/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Jay Gooden CONTRACT NO: 34 Tri State Electric 7790 Mossy Cup Boise, ID 83709 Phone: 208-362-4636 Fax: 208-362-1716 RE: To: From: Number. DESOUM-0 - iil+l DFP��3 ] . . RFI -083 T-Stat Conduit. The Electrical "M" sheets call out for 1/2" conduit for the T -Stats. The cable for the York controls system being supplied has factory installed connectors that will not fit thru the 1/2" conduit. Per the response to RFI -083 3/4" conduit will be required in lieu of 1/2" shown. Please provide a detailed breakdown of the work required, including the number of locations effected. Review and response with any impact to your scope of work within 5 working days. APPROVAL: By: Tom Coughlin Date: Expedition By: Date• Unit Cost: Unit Tax: Lump Sum: GC markup: Lump Tax: Total: Jay Gooden $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4-11-2406 WOtPlytt FROW TME:. QbI6 for York SvAwn P MWIdlan Han TAk AWL, SAVA Chrionsen 14AX-Afthaeft, pA 1221 ShomOM i n. sem, m WDI PhOW X54677 fax: 2.08-344.M 0 T-40 P.002/M F-600 RZQLTM FOR W, (YP "TIX) NO. QDti$3 DATE; 1121PODS ,CABs 060676 S.TAMTMM „1�1!�:��*1• t'r� � ti t �i�d�w;'��Sd 9L' S : '• : r' r •, • . '' : n'. ,L • � . a .+✓ iV! M ����y,�p ��,�{.:.n.•�•�%i��wGia=.i31.41.�fbT{d'.�i'4�•,�0 •fi... •t •�•:%�'.f��'iCi p.o.G .'t .rt-.. C -... X71 �'�rQ �Ul� f+�+M �%r .1%L .� �� 1 �•s . w:�'.: � . i • f �'C 5 � r . ' a' P a, - . Tkta abaftlg 9ttp�iU@Zi fior the°plug and play York m .haa tha ends tgrm►naat�i : tho � and wpl note Ih a � tmraduti~ Ply advhow to:4 t Hl he =bla at the T ! . ^►��`r• .. _ 'f'y. �:',: �,�a .�.. �'j�:•E.j ar�,... ems. rt�.� ;Y{,i .. ww�E.j.�gc�, •'�5•G: el.r..••s�6 .rl we'�cs,��� tlr� ��} .. .. i. t•w ''.'i.: +7.'S.. �.Y•:'Sa a+E: P.i"3`r-m884:i$��1��'''7''S �'.SYP'.'��.: �FtY.•r'zr�'�sei: .9fr 4 ... . Mechanical Response RR 00083 The York Fan Boxes are being provided with a different control wire coupling than we have used in the .past and a %" conduit will be required instead of the'/" conduit. BY: James Edison Date: 1 22 08 LCAAlCtUcts, PA 01-22-08 Dow Iof1 0 Tri State Electric Change Request Estimate Contact Name:rD97 Address:City. Job Name: Meridian CityI GC Tracking Number. TSE Tracking Number. #610 Date: March 8 2008 Description of Change: 1 AS PER CO # MELECTRIC SIDE PriHours teria v per Material �Per Unit bor �l UnitLabor I Total I M Wal I WALL PACK 10OW 1 0.001 Q 1.751 E 1.751$ 4/8 BOX 1-1/2° DEEP 1 156.16 C 30.001 C 0.301 $ 156 4/S BLANK COVER 1 1 119.87 1 C I it nn I r_ I n Name: Title: Signature: Tri State Elechlc Representative Jav Gooden Total Page 1 of 1 Jay Gooden From: Newbolt, Theron [Theron. Newbolt@gbe.com] Seat: Wednesday, February 13, 2008 3:53 PM To: Jay Gooden Subject: FW: Meridian City Hall Add Here ya go... Add.. I said ADD 1 WB2... $1247.00ea w/ lamp Theron Newbolt Graybar Electric Boise, ID Quotations Mgr. ph 208-343-2594 fax 208-433-8699 theron.newbok@gbe.com 3/8/2008 02/04/2008 MON 16:38 FAI 20183 4507 Petra Inc. is 001/002 CHANGE ORDER REQUEST �kl No. 00028 1097 N. WWM 5TRE7' • MERIDIM ID 83642 + MOM' 323-4500 + FAX!323-4507 TITLE: RFI -85 Ext Light i PROJECT: Meridian City i t DATE: 2/21 3OB: 060675 TO: Attn: Jay Gooden CONTRACT NO: 34 Tri State Electric 7790 Mossy Cup Boise, ID 83709 Phone: 208-362-4636 Fax: 208-362-1716 O RE: To: Frorm Hmnbe. RZPf36N:�Q��PR - �3PKiSJ� .... RR -85 Ext LW Fixture. Reference � • � ::� M ;::=::;:.a:. ;.:..=- �_:_ _.:.. •..: _'°:_�::.... rte,... s.: ;.. �:-= �-°r �;�;=r _�-w ���:��: = :::._ Shed Q.12F, There is no light fixture shown on the fm t ek rat n Grid line 3 between 10 & 11, Add fixture to ndrw Other site between 2 & 3. Review and respond with any Impatt to your mope of work within five woftV days. APPROVAL - W. — _ T r C -zmw ,J Dates EtgfCdilipa® link Cost; $0.00 Urdt Tax: $0.00 Lump Sam: $0.00 GC markup: >p.00 Lump Two $0,00 Total: $pap t� Jay Gooden Dais 02/04/2008 MON 16:38 FAX 2023 4507 Petra Inc. JM -24.2= 12:01PH Pte¢. 0 9002/002 T-467 P. swou P -M MQUM FOR MORMATION Na 00M TM:Lift 0 addOne a Pumn melon mv" bA7ib atm 7ft Att : see chrmmlsm Mm or rs Ml t Bala, ID rRM MUM ,M bOkiit�+�• - "n. FG'.L. s:: ems:-'�'i3 '�. ELL.^. ��d- - MOM on 3 t 30/11 tier® is ria a gh� O � hut ebMftn. We are assunft t is M10OW as R B IsaorporabeQ We -IZ5 Provide lighting #�:�„n�`?-'Edi+s�.t�3.ir�''aFx'=j.•�i<:�:..`� .._,. 1gh lsyout•to mirror other side bet ,3.' as ween grid Zine 2/3. Attsw°red ft LCAArftm: s, PA od; A*,L-- psft 01-24-08 caa���I 0 323-4500 BOISE, IDAHO RCE -1875 CHANGE ORDER REQUEST No.00029 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • 'FAX: (208) 323-4507 TITLE: RFI -90 Floodlight & Clock Rough -in DATE: 2/6/2008 PR03ECT: Meridian city Hall ]OB: 060675 TO: Attn: ]ay Gooden CONTRACT NO: 34 Tri State Electric 7790 Mossy Cup Boise, ID 83709 Phone: 208-362-4636 Fax: 208-362-1716 RE: To: From: Number. i - ... t, �k``-s :"'A�.s�. a i.,'f+.E£`,� �'..'''"'k �4... .. RFI -90 Floodlight & Clock Rough -in. Reference Sheet E2.31L notes #17 & 19 & E2.32L, note #15. Verification of locations for clock and flood light rough -in. Per response to RFI: 1. Floodlight Rough -in: Conduit should be stubbed up through roof and junction box should be on top of conduit stub. Roofer to provide boot around conduit to seal roof penetration. 2. Clock Rough -in: Building Clocks have been deleted from the project. Provide credit for deleting rough -in for the two dock rough -ins. Review and respond with -in five working with any changes in your scope of work. APPROVAL: By: Date: EM),d;d,n By: Date. Unit Cost: $0.00 Unit Tax: $0.00 Lump Sum: $0.00 GC markup: $0,00 (Lump Tax: $0.00 Total: $0.00 Jay Gooden FEB CB -x000 10:84AM Fes- is • T-487 P.000I003 F-506 REQUEST FOR iNFOWATIO N Na 00090 1097 N. R45ARI0 MW • HEMOK ID 83642 • PH s (M) 3M3 = • FAX M 323-4507 =U; Pam W Ckck art! mod Uqhtr. DATE: ?,/5/201 6 PMECT: MerOw tltY M 30BI 060675 TOt Adm SUft C21ftensm LCA AmMUmirs, PA 1221 Shoreline Ln. STAMEM BOWS, ID 89702 COMPLE"im Phots 208-345.6677 ftj MS -34+9= REQU MI 2112/2M r:S T.: VfA:•f.i r 6 F.�..-•...at•a �•q tw•'usan •.an_sr.•: s••. M�"'Q«' ; `7 ': ••.•.a �' .t:.Uf:A,.,a:.:s. �i'i%��: Sheet 2,311. note 17,19. Please vet lomdm for auk and flood in. Sheet 2.32L note 15. Rem willyr bacons for flood lights. Will rough In for llghts be through lie rte` or wider skle of the roof de*? PAgoeftd On P**'1r=rpor4ted CFataa 3MAndamn i��q� :y • .. •r :fes 'r�} •'i:.• '.rd' 6 r. r... -- `:3. .i •RN��RCRi ... �e _.. "tr __ r: 1": :.�� <i -._j KAP i•id: •.. �-'�;d.'T.ii},;.i•,...�a-• .t .. rr` '!^r:H,^:�ItB +.lc�'i��',."t�":=.'a'yr _: �3 ii,r.;•�ip `�._ ylaw rn Ff!5L� 0 � Lax aadlkelftlAVOW, Ake- 44drofiol AftwerW Sr. LCAMditeds, DA �►'�/ ggned: �. oa�ea 02-06-08 RECEIVED 05M 1011 • 323-4500 BOISE, IDAHO RCE -1875 •CHANGE ORDER REQUEST No. 0004U 1097 N. ROSARIO STREET • MS UDIM, ID 83642 • PHONE: (208) 323-4500 • FAX: 208) 323-4507 TITLE: RFI -44 Fre Dampers DATE: 3/17/2008 PR03ECT: Meridian City Hall 3011;: ' 060675 TO: Attn: Jay Gooden CONTRACT NO: 34 Tri State Electric 7790 Mossy Cup Boise, ID 83709 Phone: 208-362-4636 Fax; 208-362-1716 RE COR To: HOBSN From pETRA Number. 00026 Dim H1, I WWWN"Mma-maw i'µ'. RFI -44 Fire Dampers - Add fire dampers per the response to RFI -44. Ref: Sheets M0.11 & E2.01F. The fire smoke dampers and electrical connection are not shown on the exhaust duct at 5.5 F and the two supply ducts between 6 and 7 at F. Mechanical: Sheet M0.11: Fire/smoke dampers are required in the above mentioned ductwork. (3) total, (1) in the 16" x 16" exhaust duct @ grid F/5.5. (1) in the 16" round @ Grid F/6.4. & (1) in the 10" round @ F/6.8. Coordinate with electrical for power requirements. Electrical: Furnish electrical connections to the three newfire/smoke dampers, route electrical connection through relay controlled by the fire alarm system, furnish in -duct detectors at each damper and connect to the fire alarm system. Atth: Eidam and Associates letter dated 10/03/07. APPROVAL: By: Date: Expedition By: Date: Unit Cost: $0.00 Unit Tax: $0.00 Lump Sum: $0,00 GC markup: $0,00 Lump Tax: $0.00 Total: $0.00 Jay Gooden SEP -27 2007 A3r16Pil FRM4- 0 T-107 P -OW -002 - -F+84,? P-9QVXST. FOR WQ* PWATION No. w044 PRO) Sm©ko Dampens NQ/� s WNW ietfd�tl cny 3611h. 0w75 T01 Aft9liftearlamsen WAArt bM, AA lam. &t>er+a<Itne Ln.- �"1� Ptd F I tlRE�: 1014rW7 Mal— .i1,, Q,Q1}FR .::... - 1U wfte ifinpin WAAW&W cowniftn aft M m Ut ft Vicat lift At -5S F, and two Supply w bei- IM" 6 a1R W$ QA tea ii,. Signed: q3'���.`:�'�----y-� a_�s�j�i:.:�M•.—.-�:�... ter..... .r..�,�-�E--� ,,,ate' Mechanical ResoOnse RR 00044 Sheet M0.11: Fire/Smoke dampers are required in the above mentioned ductwork. (3) Total, (1) in the 16"x 16" exhaust duct @.Grid F/S.S. (1) 'in 'the IV round @ grid F/6.4. (1) in the 10" round@ F/6.8. Coordinate with Electrical for power requirements. Bw James Edison Date 9/28/07 .See attached letter from Eidam.and Associates, dated 10-03-07 for electrical engineers response to -this RFI. A"WWAM Vie- CGAAixkteds, PA i MU 10-03-07 1 Oi 1 • October 3, 2007 LCA Architects Address Attention: Steve Christiansen Reference: Meridian City Hall — RFI 38 Response Dear Steve: We are in receipt of Engineering, Ines. response to RFI 44 regarding the contractor's request for clarification to ductwork installation in and around rooms 012 and 013. Per our review of the Mechanical Engineer's response prepared by Engineering, Inc., (3) additional fire/smoke dampers were shown to be installed in this area. Please direct the contractor to provide the following electrical work: SHEET E2.01F 1. Furnish and install electrical connection to (3) new fire/smoke dampers located above the ceiling along gridline F (see RFI 44 response per Eng. Inc.). Connect with #12's to circuit LBA: 54 (new circuit for fire/smoke dampers). Route electrical connection through relay controlled by.fire alarm system. Furnish and install in -duct detector at each new fire smoke damper. Connect to fire alarm system. to -duct detector shall be provided with remote testAndicating station located in the ceiling at the same proximate location of the added damper(s). Be advised that this work is to be completed under the provisions of addendum information that included provisions for specified quantity of firetsmoke dampers per floor be included in the contract. Addition of (3) said connections shall count towards the provisions included on the basement floor. Based upon the. provisions set forth in the addendum, this work shall be completed with no additional costs to the project. If you have any questions, please do not hesitate to contact our office at your convenience. Sincerely, Geoff Johnson, P.E. Fage 1 of 1 Tom Coughlin From: Jay Gooden [JayGooden@tristateelec.com] Sent: Thursday, March 20, 2008 9:14 AM To: Tom Coughlin Attachments: RE: Meridian City Hall RFI 44; RE: Meridian City Hall RFI 44; RE: Meridian City Hall RFI 44; FW: Meridian City Hall RFI 44; RE: Meridian City Hall RFI 44 Tom, here are all the information from RFI -44. The left attachment will show that we agree with the additional and have 15 more left if needed. Let me know if you need anything else. Jay. 3/20/2008 Nieriaian arty rials to 144 Pagel of 3 Tom Coughlin From: Jay Gooden [JayGooden@ristateelec.com] Sent: Thursday, October 04, 2007 9:38 AM To: Belarski, Christoph Cc: Wesley Bettis Jr.; Adam Johnson; Jon Anderson; Mike Robinson Subject: RE: Meridian City Hall RFI 44 Chris, I agree. We can red line or something like that. We will do that so our Jon will have the information. Thanks, Jay. Jon, Wes, Adam, we are good to go with a no cost. Total additional to date is 5. 15 more left. Jay Gooden. From: Belarski, Christoph [mailto:cbelarski@tycoint.com] Sent: Thursday, October 04, 2007 9:33 AM To: Jay Gooden Subject: RE: Meridian City Hall RFI 44 1 see it. If it is alright with you, we would like to wait until the engineer's review of our plans is done to make any additions to the drawings. We want to do all the adds and or corrections at one time. tyco/Fire & Security/ShV1exGr1nnell LP Chris Belarski, CET Electronic System Sales Representative NICET #119200 12443 West Executive Drive Boise, Idaho 83713 Phone 208-376-2111 Telefax 208-376-2192 Mobile 208-941-2193 cbelarski.@tycoint.com www,sunplexgrinnall,com The information on this email and in any attachments is confidential and may be privileged. If you are not the intended recipient, please destroy this message, delete any copies held on. your system and notify the sender immediately. You should not retain, copy or use this email for any purpose, nor disclose all or any part of its content to any other person. Any or all rights to privilege have. not been waived. From: Jay Gooden[mailto:JayGooden@tristateelec.com] Sent: Thursday, October 04, 2007 8:25 AM To: Belarski, Christoph Subject: RE: Meridian City Hall RFI 44 Yes, there is in addendum # B page 8 of 13. It says that we shall provide 5 additional- fire/smoke dampers per floor. Check it out and let me know if there is anything you see that is different. Jay. From: Belarski, Christoph [mailto:cbelarski@tycoint.com] 3/20/2008 Mendian Carty Hall RFI 44 Page 2 of 3 Sent: Thursday, October 04, 2007 8:01 AM To: Bayne, Charlie; Jay Gooden Subject: RE: Meridian City Hall RFI 44 Jay, I was unable to find anything in an addendum that addressed any "provisions or allowance" for more dampers and or in -duct detectors. Do you know of anything? tyco/fire & Security/SiW1exGrinnd1 LP Chris Belarski, CET Electronic System Sales Representative NICET #119200 12443 West Executive Drive Boise, Idaho 83713 Phone 208-376-2111 Telefax 208-376-2192 Mobile 208-941-2193 cbelarski.@tycoint.com www.simplexgrinn0l.com The information on this email and in any attachments is confidential and may be privileged. If you are not the intended recipient, please destroy this message, delete any copies held on your system and notify the sender immediately. You should not retain, copy or use this email for any purpose, nor disclose all or any part of its content to any other person. Any or all rights to privilege have not been waived. From: Bayne, Charlie Sent: Wednesday, October 03, 2007 9:56 AM To: Jay Gooden Cc: Belarski, Christoph Subject: RE: Meridian City Hall RFI 44 We looked up the RFI responce and can locate these new dampers that are not shown on the drawings, I will have Chris B look into the comment about the "Addendum information that included provisions for specified quantity of fire /smoke dampers per floor be included in the contract" after looking at this it had nothing to do with the elev shaft question Chris brought to your attention and I was refering to in my last email responce tyco/Fire & Security/S1mpkxGr1Wnell LP Charlie Bayne A&D Operations Manager. Boise ID From: Jay Gooden[mailto:JayGooden@tristateelec.com] Sent: Wednesday, October 03, 2007 9:24 AM To: Bayne, Charlie Subject: FW: Meridian City Hall RFI 44 Charlie, Could you please get Chris to review. We talked about this yesterday. I just want to make sure we are 3/20/2008 1vitaluldu LILY ndll I'.rl " Page -i or 3 is 0 good. Also, can you have Chris email me so I can get this kind of stuff to him instead of you. Thanks, Jay. From: Jon Anderson [mailto:janderson@petrainc.net] Sent: Wednesday, October 03, 2007 9:20 AM To: Jay Gooden Subject: FW: Meridian City Hall RFI 44 how about now. From: Brent Pitts [mailto:BpM@Icarch.com] Sent: Wednesday, October 03, 2007 8:49 AM To: Adam Johnson; Jon Anderson; Scott Trepagnier; Wesley Bettis Jr. Subject: Meridian City Hall RFI 44 «RFI 44.pdf>> Brent Pitts Project Manager LCA Architects bpitts(a Icarch.com Phone (208)-345-6677 Fax (208)-344-9002 3/20/2008 lvictituau %-ILY null tori Page 1 of 1 Tom Coughlin From: Jay Gooden PayGooden@tristateelec.com] Sent: Wednesday, October 03, 20071:19 PM To: Jon Anderson Cc: Mike Robinson Subject: RE: Meridian City Hall RFI 44 Yes Sir, got it. Also got your message to review Addendum B sheet 8 of 13. 1 agree. For thr record, currently they have used up two on the first floor "RFI 38" and now three in the basement. For a total of 5. Thanks for your help. I do have to double check with my Fire Alarm vendor but, do not think they have any issues. Jay Gooden. From: Jon Anderson [mailto:janderson@petrainc.net] Sent: Wednesday, October 03, 2007 9:20 AM To: Jay Gooden Subject: FW: Meridian City Hall RFI 44 how.about now. From: Brent Pitts [mailto:Bpitts@lcarch.com] Sent: Wednesday, October 03, 2007 8:49 AM To: Adam Johnson; Jon Anderson; Scott Trepagnier; Wesley Betas Jr. Subject: Meridian City Hall RFI 44 «RFI 44. pdf>> Brent Pitts Project Manager LCA Architects bpitts@Icarch..com Phone (208)-345-6677 Fax (208)-344-9002 3/20/2008 -?'?- 60a`4 L11 0 0 May 2, 2008 Department Report MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Finance Department ITEM NO. 6-D-13 REQUEST Agreement for Independent Contractor Services for New Meridian City Hall Phase IV with Terra -West for a Not to Exceed Amount of $338,000.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See altached Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. es JDAIA Document A101/Cftm —1992 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the 9 day of4pri I in the year of 200Y ADDMCMS AND DELETIONS: (In words, indicate day, month and year) The author of this document has BETWEEN the Owner. added information needed for its completion. The author may also (Paragraphs deleted) have revised the text of the original CITY OF MERIDIAN AIA standard form. An Ado7tions and 33 East Idaho Avenue Deutons Report that notes added Meridian, Idaho 83642 Information as well as revisions to the standard form text Is available from the author and should be And the Contractor. reviewed. A vertical fine in the left (Paragraphs deleted) margin of this document indicates Terra -West where the author has aged FAN Be1r96+ /5977 6-uproqre id- necessary information and where Fwgle, Idake-� C&td well, Tib F-VP077 the author has added to or deleted For the following Project: from the original AIA text. (Include detailed description of Project, location, address and scope.) This document has important legal consequences. Consultation with an attorney Is encouraged with respect New Meridian City Hall to its completion or modification. 33 East Broadway Avenue Meridian, Idaho 83642 The 1992 Edition of AIA Document A201/CMa,General Conditions of An approximately 100,000 square foot, multi -story city hall office building with a the Contract for Construction, basement. Construction Manager -Adviser Edition, is adopted in this document The Construction Manager is: by reference. Do not use with other (Name and address) general conditions unless this document Is modified. PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Name and address) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. UiL AIA Document A101/Cf#a- —1992. Copyright ®1892 by The American Institute of Architecis. All rim reserved. WARNINti: This AIA® Document Is protected by US. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of 1% may result in severe dull and criminal penalties, and will be prosecuted to the maximum extent possible under the lawn. This document was produced / U� Notes: AIA software at 09:03:16 on 04/08/2009 under Order No.1000350899 1 which expires on 4/3PM, and is Trot for rule. (5M) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (paragraphs deleted)March 15, 2008 § 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than ) days after the Date of Commencement. (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.) Portion of Work Substantial Completion date Provide all labor, material, tools, and equipment to July 15, 2008 complete the site work scope of work as noted on the bid documents and per the following: Division I — General Requirements Section 02300 - Earthwork Section 02520 - Portland Cement Concrete Paving Section 02700 - Storm Water Collection System Section 02741- Hot Mix Asphalt Paving , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of Five Hundred & NO/100 Dollars ($500.00) per calendar day, for each calendar day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and not a penalty. If responsibility for a delay in substantial completion shared by the Contractor and others, Owner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or remedy is under law, in equity or under Contract Documents. AIA Document A1011CUa'0 -1892. Copyright ®1892 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is InIL protected by US. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any Portion of it, 2 rney by AIA sotthIn ware at o9 -o3:18 own 0410VA criminsi �er�0rder N .1000be �3MM 1 v Mhosecuted to hexpires on4402009. a Is not foorextent possible �rr�le. This daxun�►t was produced User Notes: ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Three Hundred Thirty Eight Thousand Dollars & NO/100 ($338,000.00), subject to additions and deductions as provided in the Contract Documents. 1 § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner. (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid) Deductive Alternate #4 — To be decided by end of February 2008 — Deduct $740.00 § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.06) Concrete Sidewalk with C&G $25.00 per foot with prep Turned Down Sidewalk with prep $12.50 per foot Curb anwith prep $12.50 per foot ALLOWANCE: Pit Run Fill 5,000 cy @ $17.00 = $85,000.00 ARTICLE 5 PROGRESS PAYMENTS § 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.3 Provided an Application for Payment is submitted to the Construction Manjer not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the 20 day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment § 5A Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment § 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment § 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five Percent ( 5% ). Pending final determination IniL AIA DocuMMt A101=ft r —1992 Copyright 01932 by The American Instihde of Architects. All riglhte reserved. WARNWQ: Thi AIA® Docwnent is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA® DoctaneM or any portion of it, may result in were civil and abebtal penalties, and will be prosecuted to the maxdmhan extent possible under the law. This daument was produced �s re at 09:03:1 B on 04/0812008 undorOrder No.1000350899 1 which expires on 40=09, and is not for resale. user(4282305M) of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.7 of the General Conditions; § 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ( ); § 5.6.3 Subtract the aggregate of previous payments made by the Owner, and § SAA Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: § 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ( ) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and § 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. § 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) Prime +2% per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) NA Document A101MIlla01 —1992. Copyright ©1992 by The American Institute of Architects. Ari rights reserved. WARNING: This AIA® Document is InIL protected by U.S. Copyrtigiht Law and International Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 4 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 119:03:16 on 04/08/2008 under Order No.1000350899_1 which expires on 4/3 M, and Is riot for resale. (4206563) User Notes: § 7.3 Temporary facilities and services: (Here insert temporaryfacilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) § 7A Other Provisions: (Here list any special provisions affecting the Contract.) ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Volume 2 Title Pages Phase IV Bidding/General 218 Conditions § 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Volume I - Technical Specifications 904 pages (Table deleted) § 9.1.5 The Drawings are as follows, and are dated 7-27-07 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: ARCHITECTURAL 0.0 Cover Sheet C LOA Notes CLIA Grading and Drainage Plan C2.IA Details L1.10 Overall Site Layout Plan L1.11 Site Layout Plan 1.1.12 Site Layout Plan L1.20 Rough Grading Plan L1.21 Amphitheatre Grading Plan L1.30 Materials Plan L1.40 Tree Planting Plan Ila AIA Domnent A181/CNIa- — ttt92. Copyright ®1992 by The American Institute of Architects. AN rights reserved, WARNING: This AIA® document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution at this AIA® Document, or any portion of It, may result in severe civil and alminal penalties, and will be prosecuted to the maximum extent possible under the law. This documerri was produced /by AA software at 09=16 on 04/06/2068 under Order No.1000350899 1 which expires on 402009user Notes:, and is not for resale. (4282305M) L1.41 Planting Plan L1.42 Planting Plan L1.50 Irrigation Plan L1.60 Planting Details L1.61 Irrigation Details L1.62 Site Details L1.63 Site Details L1.64 Stream Water Feature Details L1.65 Stream Water Feature Wall Details L1.66 Wood Display Board Details L1.67 Entry Pools Water Feature Details L1.68 Canal Water Feature Details L1.69 Canal Water Feature Details L1.70 Trellis Details L1.71 Trellis Details A1.0 Restroom Building Floor Plan A2.0 Restroom Building - Building Sections A3.0 Restroom Building - Door & Win. Details A3.1 Restroom Building - Exterior Details A3.2 Restroom Building - Structural Details M1.0 Restroom Building Mechanical SE1.00 Site Electrical Plan S#1.01 Enlarged Plaza Lighting Plan SE1.02 Enlarged Plaza Power Plan SE1.03 Site Electrical Details SE1.04 Enlarged Plaza Lighting Plan - Alternate #4 SE1.05 Electrical Schedules SE 1.06 Electrical Schedules (Table deleted) § 9.1.6 The Addenda, if any, are as follows: Number Date Addendum A November 20, 2007 Addendum A Drawings: CLIA Grading and Drainage Plan L1.10 Overall Site Layout Plan L1.20 Rough Grading Plan L1.30 Materials Plan LIAO Tree Planting Plan L1.41 Planting Plan L1.42 Planting Plan L1.50 Irrigation Plan L1.70 Trellis Detail L1.71 Trellis Details Pages 14 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1J Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bird Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be pan of the Contract Documents.) Init.AIA Docmnent A19VCt�la= -1982. Copyright ®1992 by The American Institute of Architects. All lights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 6 may result in severe civil and crhnhal penalties, and will be prosecuted to the mehdmum extent possible under the law. This docMent was Produced / by AIA software at 09:03:16 on 04/08/2008 under Order No.10003M i which expires on 4/3/21109, and Is not for resale. User Notes: () Attachment A (attached) This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER CITY OF MERIDIAN, An Idahounicipal Corporatio (Si nature) q (Printed xkne and title) CONTRACTOR Terra -West tCi n 46& LJ r n ( g ure) (Prided name and title) Council Approval: 5— (p — (� \,�,,�tunutlnryrrrrji Attest: `.`��,\� Of/t11'�'.�. � � s � r JAYCEIJ L. HOLMAN, CITY CLEM BEAL 7. T � Approved as to Content BY. KEIT TT , PURCHASING AGENT Dated: 41-2 LI -06 Approved as to Form CITY ATTORNEY kdL AW Do mwd A11t1/ClIla" —1992. Copyright ®1832 by The American Instldrte of Archbft All Hghte Mffved. WARNING: This AW® Document is Protected by US. Copyright Law and bttemadonal Treaty. Unauthorized reproduction or distribution of this AW® Document, or ally portion of it, may resaB in were civil and criminal penalty, and will be prosecuted to the maximum extent possible under the law. This doatmertt oras produced / by Notes ALA software at 03:18 on 114/08/20� under Order No.1000350839 1 Wf t expires on 4/32M, and Is not for resale. () �j L� RECEIVED, MAY 3 `1 2008 iCle����emo City Clerk Office To: Jaycee Holman, City Clerk 1 From: Keith Watts, Purchasing Agent W CC: Tara Green Date: 5/1/08 Re: May 6 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 6 City Council Consent Agenda for Council's consideration. or0rti aKIM �r_Vr_e Recommended Council Action: Approval of Agreement to Terra West for the Not -To -Exceed amount of $338,000.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 SAIA Document A101/CMa — 1992 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the 9 day of April in the year of 200Y (In words, indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its completion. The author may also (Paragraphs deleted) have revised the text of the original CITY OF MERIDIAN AIA standard form. An Additions and 33 East Idaho Avenue Deletions Report that notes added Meridian, Idaho 83642 information as well as revisions to the standard form text is available from the author and should be And the Contractor: reviewed. A vertical line in the left (Paragraphs deleted) margin of this document indicates Terra -West where the author has added %5977 6:-dt:PrOT re Ike- necessary information and where Ea6e; ld&1w 8361-6 CLQ d tc Ute 7 1) $-ib,.7 the author has added to or deleted For the following Project: from the original AIA text. (Include detailed description of Project, location, address and scope.) This document has important legal consequences. Consultation with an attorney is encouraged with respect New Meridian City Hall to its completion or modification. 33 East Broadway Avenue Meridian, Idaho 83642 The 1992 Edition of AIA Document A201/CMa,General Conditions of approximately 100,000 square foot, multi -story city hall office building with a the Contract for Construction, basement. ba Construction Manager -Adviser Edition, is adopted in this document The Construction Manager is: by reference. Do not use with other (Name and address) general conditions unless this document is modified. PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Name and address) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. Inst AIA Document A101/CA�Ta —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 09:03:16 on 04/08/2008 under Order No.1000350899 1 which expires on 4/3/2009, and is not for resale. User Notes: (4282305563) 0 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be the date of this Agreement, as fust written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceedissued by the Owner. (Paragraphs deleted)March 15, 2008 § 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than ) days after the Date of Commencement. (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work if not stated elsewhere in the Contract Documents.) Portion of Work Substantial Completion date Provide all labor, material, tools, and equipment to July 15, 2008 complete the site work scope of work as noted on the bid documents and ner the following: Division I — General Requirements Section 02300 — Earthwork Section 02520 — Portland Cement Concrete Paving Section 02700 — Storm Water Collection System Section 02741— Hot Mix Asphalt Paving , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of Five Hundred & N011 00 Dollars ($500.00) per calendar day, for each calendar day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and not a penalty. If responsibility for a delay in substantial completion shared by the Contractor and others, Owner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or remedy is under law, in equity or under Contract Documents. Init AIA Document A101 /CMa*a —1982. Copyright O 1992 by The American Institute of Architects. All rights reserved WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any pardon of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced / by AIA software at 09:03:16 on 04/08/2008 under Order No.1000350899 1 which expires on 4/312009, and Is not for resale. User Notes: (4282305563) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Three Hundred Thirty Eight Thousand Dollars & N0/100 ($338,000.00), subject to additions and deductions as provided in the Contract Documents. 1 § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid) Deductive Alternate #4 — To be decided by end of February 2008 — Deduct $740.00 § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) Concrete Sidewalk with C&G $25.00 per foot with prep Turned Down Sidewalk with prep $12.50 per foot Curb ander with prep $12.50 per foot Circ IALLOWANCE: Pit Run Fill 5,000 cy @ $17.00 = $85,000.00 ARTICLES PROGRESS PAYMENTS § 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.3 Provided an Application for Payment is submitted to the Construction Manajer not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the 20 day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. § 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared m such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five Percent ( 5% ). Pending final determination Inst. AIA Document A101/CUa= —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This ALA® Document is protected by U.S. Copyright Law and Intemationai Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 09:03:16 on 04/08/2008 under Order No.1000350899 1 which expires on 413/200.9, and is not for resale. User Notes (4282305563) • 0 of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.7 of the General Conditions; § 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ( ); § 5.6.3 Subtract the aggregate of previous payments made by the Owner; and § 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: § 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and § 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. § 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.61 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) Prime +2% per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) Inst AIA Document A101/CN�TM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by US. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 09:03:16 on 04/06/2008 under Order No.1000350899_1 which expires on 4/3/2009, and is not for resale. User Notes: (4282305563) § 7.3 Temporary facilities and services: (Here insert temporaryfacilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) § 7.4 Other Provisions: (Here list any special provisions affecting the Contract.) ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Tide Pages Volume 2 Phase IV Bidding/General 218 Conditions § 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Volume I - Technical Specifications 904 pages (Table deleted) § 9.1.5 The Drawings are as follows, and are dated 7-27-07 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: ARCHITECTURAL 0.0 Cover Sheet CLOA Notes CIAA Grading and Drainage Plan C2.1A Details L1.10 Overall Site Layout Plan L1.11 Site Layout Plan L1.12 Site Layout Plan L1.20 Rough Grading Plan L1.21 Amphitheatre Grading Plan L1.30 Materials Plan L1.40 Tree Planting Plan (nft AIA Document A101/CUa7w —199'2. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Intentional Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 5 / by AIA software at 09:03:16 on 04/08/2008 under Order No. 10003508991 which expires on 4/312009, and is not for resale. User Notes: (4282305563) 0 0 L1.41 Planting Plan L1.42 Planting Plan L1.50 Irrigation Plan L1.60 Planting Details L1.61 Irrigation Details L1.62 Site Details L1.63 Site Details L1.64 Stream Water Feature Details L1.65 Stream Water Feature Wall Details L1.66 Wood Display Board Details L1.67 Entry Pools Water Feature Details L1.68 Canal Water Feature Details L1.69 Canal Water Feature Details L1.70 Trellis Details L1.71 Trellis Details A1.0 Restroom Building Floor Plan A2.0 Restroom Building - Building Sections A3.0 Restroom Building - Door & Win. Details A3.1 Restroom Building - Exterior Details A3.2 Restroom Building - Structural Details M1.0 Restroom Building Mechanical SE1.00 Site Electrical Plan S#1.01 Enlarged Plaza Lighting Plan SE1.02 Enlarged Plaza Power Plan SE1.03 Site Electrical Details SE1.04 Enlarged Plaza Lighting Plan - Alternate #4 SE1.05 Electrical Schedules SE 1.06 Electrical Schedules (Table deleted) § 9.1.6 The Addenda, if any, are as follows: Number Date pages Addendum A November 20, 2007 14 Addendum A Drawings: CLIA Grading and Drainage Plan L1.10 Overall Site Layout Plan L1.20 Rough Grading Plan L1.30 Materials Plan L1.40 Tree Planting Plan L1.41 Planting Plan L1.42 Planting Plan L1.50 Irrigation Plan L1.70 Trellis Detail L1.71 Trellis Details Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to fora part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) [nit protected Document A101/CNIeTa -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 6 / by AIA software at 09:03:16 on 04/08/2008 under Order No. 1000350899 1 which expires on 413/2009, and is not for resale. User Notes: (42823 5563) Attachment A (attached) 0 -, iVff-Fr 4*aclu c�' V 0 This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER CITY OF MERIDIAN, An Idaho Municipal Corporation (Signature) (Printed name and title) Council Approval: Attest: JAYCEE L. HOLMAN, CITY CLERK Approved as to Content BY: /�' /Z26/4 KEIT TT , PURCHASING AGENT Dated: 1/- (2 L/ — O 8 Approved as to Form CITY ATTORNEY CONTRACTOR Terra -West I� � lI r (S'g ure) . /'I /12�s? �dJy (Pn ed name and title) Inti. AIA Document A101/CUaTu —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 7 / by AIA software at 09:03:16 on 04/08/2008 under Omer No.1000350899 1 which expires on 4/3/2009, and Is not for resale. User Notes: (4282305563) r� -XA1A Document A101/CMa -1992 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of in the year of (In words, indicate day, month and year) BETWEEN the Owner. (Paragraphs deleted) CTPY OF MERIDIAN 33 East Idaho Avenue Meridian, Idaho 83642 And the Contractor. (Paragraphs deleted) Terra -West P.O. Box 904 Eagle, Idaho 83616 For the following Project: (Include detailed description of Project, location, address and scope.) New Meridian City Hall 33 East Broadway Avenue Meridian, Idaho 83642 An approximately 100,000 square foot, multi -story city hall office building with a basement. The Construction Manager is: (Name and address) PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Name and address) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. ADDMONS AND DELETIONS. The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line In the left margin of this document Indicates where the author has added necessary Information and where the author has added to or deleted from the original AIA text. This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. The 1992 Edition of AIA Document A201/CMa,General Conditions of the Contract for Construction, Construction Manager -Adviser Edition, is adopted In this document by reference. Do not use with other general conditions unless this document Is modified. AIA Document A101/CMa'm —1952. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNWO: This AIA® Document is fttiL protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of N, may result In were civil and criminal penalties, and will be prosecuted to the maximum extent possible under the low. This document was produced / by AIA software at 09:03:16 on 04/08/2008 under Order No.1000350899 1 which expires on 4/3/2009, and is not for resale. user Notes: (4282305583) n ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Paragraphs deleted)March 15, 2008 § 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than ) days after the Date of Commencement. (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.) Portion of Work Substantial Completion date Provide all labor, material, tools, and equipment to July 15, 2008 complete the site work scope of work as noted on the bid documents and per the following: Division I — General Requirements Section 02300 — Earthwork Section 02520 — Portland Cement Concrete Paving Section 02700 — Storm Water Collection System Section 02741— Hot Mix Asphalt Paving , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of Five Hundred & NO/100 Dollars ($500.0) per calendar day, for each calendar day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and not a penalty. If responsibility for a delay in substantial completion shared by the Contractor and others, Owner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or remedy is under law, in equity or under Contract Documents. AIA Document A101/CMaTu —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of 1% may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 09:03:16 on 04/08/2008 under Order No.1000350899 1 which expires on 4/3/2009, and is not for resale. User Notes: (4282305563) �J ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Three Hundred Thirty Eight Thousand Dollars & NO/100 ($338,000.00), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) Deductive Alternate #4 — To be decided by end of February 2008 — Deduct $740.00 § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) Concrete Sidewalk with C&G $25.00 per food with prep Turned Down Sidewalk with prep $12.50 per foot Curb and utter with prep $12.50 per food ALLOWANCE: Pit Run Fill 5,000 cy @ $17.00 = $85,000.00 ARTICLE 5 PROGRESS PAYMENTS § 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.3 Provided an Application for Payment is submitted to the Construction Manger not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the 20 day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. § 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five Percent ( 5% ). Pending final determination InkAMDownnmtt A101/Cib- —1982. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and IntematIonal Treaties. Unauthorized reproduction or distribution of this Ate Document, or any portion of 1% may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15•.58:08 on 04/07/2006 under Order No.100035089B 1 which expires on 4/3/2009, and is not for rule. User, Notes: (3833456971) 0 0 of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.7 of the General Conditions; § 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ( ); § 5.6.3 Subtract the aggregate of previous payments made by the Owner, and § 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: § 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ( ) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and § 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. § 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.6.1 and 5.6 2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) Prime +2% per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) AIA Document A101/CUa= —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 4 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 15:58:08 on 04/07/2008 under Order No. 1000350899-1 which expires on 4/3/2009, and is not for resale. User Notes: (3833458971) 0 • § 7.3 Temporary facilities and services: (Here insert temporaryfacilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) § 7.4 Other Provisions: (Here list any special provisions affecting the Contract.) ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Volume 2 Title P89" Phase IV Bidding/General 218 Conditions § 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Volume I - Technical Specifications 904 pages (Table deleted) § 9.1.5 The Drawings areas follows, and are dated 7-27-07 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: ARCI=CTURAL 0.0 Cover Sheet CLOA Notes CLIA Grading and Drainage Plan C2.IA Details L1.10 Overall Site Layout Plan L1.11 Site Layout Plan L1.12 Site Layout Plan L1.20 Rough Grading Plan L1.21 Amphitheatre Grading Plan L1.30 Materials Plan LI AO Tree Planting Plan IMQ. AIA Dacus ent A101/CUs- —1992. Copyright ©1982 by The American Institute of Archftects. All rights reserved wARMNO: This AIA® Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 15:58b0 on 04/07/2008 under Order No.1000350899 1 which expires on 4/3/2008, and is not for rule. User Notes: (3833458971) 0 • L1.41 Planting Plan L1.42 Planting Plan L1.50 Irrigation Plan L1.60 Planting Details L1.61 Irrigation Details L1.62 Site Details L1.63 Site Details L1.64 Stream Water Feature Details L1.65 Stream Water Feature Wall Details L1.66 Wood Display Board Details L1.67 Entry Pools Water Feature Details L1.68 Canal Water Feature Details L1.69 Canal Water Feature Details L1.70 Trellis Details L1.71 Trellis Details A1.0 Restroom Building Floor Plan A2.0 Restroom Building - Building Sections A3.0 Restroom Building - Door & Win. Details A3.1 Restroom Building - Exterior Details A3.2 Restroom Building - Structural Details M1.0 Restroom Building Mechanical SE1.00 Site Electrical Plan S#1.01 Enlarged Plaza Lighting Plan SE1.02 Enlarged Plaza Power Plan SE1.03 Site Electrical Details SE 1.04 Enlarged Plaza Lighting Plan - Alternate #4 SE1.05 Electrical Schedules SE 1.06 Electrical Schedules (Table deleted) § 9.1.6 The Addenda, if any, are as follows: Number Date Pages Addendum A November 20, 2007 14 Addendum A Drawings: CLIA Grading and Drainage Plan L1.10 Overall Site Layout Plan L1.20 Rough Grading Plan L1.30 Materials Plan L1.40 Tree Planting Plan L1.41 Planting Plan L1.42 Planting Plan L1.50 Irrigation Plan L1.70 Trellis Detail L1.71 Trellis Details Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bird Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Inst. AIA Document A101/CMa--1992. Copyright ©1992 by The American Insure of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any porton of it, 6 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produces by AIA software at 15•.58:08 on 04/07/2008 under Order No.1000350199_1 which expires on 413/2009, and Is not for rule. User Notes: (3833458971) Attachment A (attached) ? R% a.*f Qohe C/' This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER CITY OF MERIDIAN, An Idaho Municipal Corporation (Signature) (Printed name and title) Council Approval: Attest: JAYCEE L. HOLMAN, CITY CLERK Approved as to Content BY: J2�� KEITH -WATTS, PURCHASING AGENT Dated: Approved as to Form CITY ATTORNEY CONTRACTOR Terra -West ( ture) (Pn ted name and title) Init. AIA Document A101/CNIan —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 7 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produces / by AIA software at 09:03:16 on 04/08/2008 under Order No. 1000360899 1 which expires on 4/3/2009, and is not for resale. User Notes: (4282305663) 0 . X -AIA Document A101/Wan` —1992 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the c? day of -4re / in the year of U09' ADDITIONS AND DELETIONS: (In words, indicate day, month and year) The author of this document has BETWEEN the Owner. added information needed for its (Paragraphs deleted) completion. The author may also have revised the text of the original CTI'Y OF MERIDIAN AIA standard form. An Additions and 33 East Idaho Avenue Deletions Report that notes added Meridian, Idaho 83642 information as well as revisions to the standard form text is available from the author and should be And the Contractor: reviewed. A vertical line In the left (Paragraphs deleted) margin of this document indicates Terra -West where the author has added / 5977 &tn-A(t Rd necessary information and where Bagw Ii lallo—S3g 93&07 the author has added to or deleted For the following Project: from the original AIA text. (Include detailed description of Project, location, address and scope.) This document has important legal consequences. Consultation with an attorney is encouraged with respect New Meridian City Hall to its completion or modification. 33 East Broadway Avenue Meridian, Idaho 83642 The 1992 Edition of AIA Document A201/CMa,General Conditions of An approximately 100,000 square foot, multi -story city hall office building with a the Contract for Construction, basement. Construction Manager -Adviser Edition, is adopted in this document The Construction Manager is: by reference. Do not use with other (Name and address) general conditions unless this document is modified. PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Name and address) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. Inst AIA Document A101/CUsTO —1952. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe chill and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 09*03:16 on 04/08/2008 under Order No.1 0003508991 which expires on 4/312009, and is not for resale. User Notes: (428230556) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Paragraphs deleted)March 15, 2008 § 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than ) days after the Date of Commencement. (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.) Portion of Work Substantial Completion date Provide all labor, material, tools, and equipment to duly 15, 2008 complete the site work scope of work as noted on the bid documents and per the following: Division I — General Requirements Section 02300 — Earthwork Section 02520— Portland Cement Concrete Paving Section 02700 — Storm Water Collection System Section 02741— Hot Mix Asphalt Paving , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of Five Hundred & N01100 Dollars ($500.00) per calendar day, for each calendar day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and not a penalty. If responsibility for a delay in substantial completion shared by the Contractor and others, Owner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or remedy is under law, in equity or under Contract Documents. Inst AIA Document A101/CNlaTa —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 09:03:16 on 04/08/2008 under Order No.10o03S0699_1 which expires on 402009, and is not for resale. User Notes: (4282305583) 110 ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Three Hundred Thirty Eight Thousand Dollars & N0/100 ($338,000.0, subject to additions and deductions as provided in the Contract Documents. f § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid) Deductive Alternate #4 — To be decided by end of February 2008 — Deduct $740.00 § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) Concrete Sidewalk with C&G $25.00 per foot with prep Turned Down Sidewalk with prep $12.50 per foot Curb and q with prep $12.50 per foot ALLOWANCE: Pit Run Fill 5,000 cy @ $17.00 = $85,000.00 ARTICLES PROGRESS PAYMENTS § 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.3 Provided an Application for Payment is submitted to the Construction Mana er not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the 20 day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. § 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five Percent ( 5% ). Pending final determination IniL AIA Domunent A101/CMaTv —1952. Copyright @ 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In were civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 09:03:16 on 04/09/2008 under Order No. 10003508991 which expires on 4/3/2009, and is not for resale. User Notes: (4282305563) AW of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.7 of the General Conditions; § 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ( ); § 5.6.3 Subtract the aggregate of previous payments made by the Owner; and § 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: § 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ( ) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and § 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. § 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) Prime +2% per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) [nit protected Document A101/CNIaTu —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AW Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in were civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 09:03:16 on 04/08/2008 under Order No.1000350899 1 which expires on 4/3/2009, and is not for resale. User Notes: (4282305563) May 2, 2008 Department Report MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Finance Department ITEM NO. 6-D-14 REQUEST Agreement for Independent Contractor Services for New Meridian City Hall Phase III Architectural Building Supply Not to Exceed Amount of $277,230.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. -- Document A1011CMa"-1992 Standard Form of Agreement Between owner and contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the 1-7 day of JuL'f in the ear of 2-001Y (In words, indicate day, month and year) BETWEEN the Owner. (Name and address) CITY OF MERIDIAN 33 East Idaho Avenue Meridian, Idaho 83642-2300 and the Contractor. (Name and address) Architectural Building Supply 960 E. Franklin Road Meridian, Idaho 83642 For the following Project: (Include detailed description of Project, location, address and scope.) New Meridian City Hall 33 East Broadway Avenue Meridian, Idaho 83642 An approximately 100,000 square foot, multi -story city hall office building with a basement. The Construction Manager is: (Name and address) PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Name and address) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. ADDITIONS AND DELERONS: The author of this doctanent has added information needed for its oompietion. The author may also have revised the text of the ofginsl AIA standard form. An Addtdons and Deutons Report that notes added information as swell as revisions to the standard form text is available from the author and should be reviewed. A verWW fine in the sett margin of this document Indicates where the author has added necessary information and where the author has added to or deleted from the orfgbnat AIA text. This document has important legal corsequermm Consultation with an attorney is encouraged with respect to its completion or modification. The 1992 Edition of AIA Document AM1/CMa,General Conditiors of the Contract for Canstniction, Construction Manager -Adviser Edition, is adopted in this document by referenda. Do not use with other general conditions unless this document is modified. t A1t11/CMsi° —199'1- Copyright ®18� by The Amariran Institute of Archlbx te. Alt rights reserrad. WARNING: This AIA® Document is AIA DOC{etllMt InIL protected by t AlS. Copyright Law and International Trestles. to reproduction or distribution of this AIA a Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the mardmum extent possible umber the law. This document was Produced / by AIA software at 08.48:1 a on o8115/2W7 under Order No.1000295111 1 wwch expires on 4142M, and is not for resets. (3158378344) user Notes ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Paragraphs deleted) October 1, 2007 § 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than ) days after the Date of Commencement. (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.) Portion of Work Substantial Completion date Provide all doors, frames, and hardware as noted on July 1, 2008 the drawings and per the following: Division I — General Requirements Section 08110 – Standard Steel Doors and Frames Section 08211 – Flush Wood Doors Section 08311– Access Doors and Frames Section 08711– Finish Hardware This bid package specifically includes: • Furnish and install all metal and wood doors along with the associated hardware. • Furnish and install the hollow metal frames F.O.B. jobsite. • Supply all hardware for exterior hollow metal doors per bid documents, to be installed by others (Phase H -Shell & Core Bid Package 6). This bid package specifically excludes: • Aluminum window units. • Glass and glazing for all doors and window units. , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) Inst. AIA Document A1e1/Clb- —1992. Copyright ®1982 by The American Inst@de of AmhbctL All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Intematlonal Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / User Notes: A software at 08:48:18 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and Is not for resale. (3159378344) The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of Five Hundred & N0/100 Dollars ($500.00) per calendar day, for each calendar day of delay until the Work is :substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and not a penalty. H responsibility for a delay in substantial completion shared by the Contractor and others, Owner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or remedy is under law, in equity or under Contract Documents. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Two Hundred Seventy Seven Thousand Two Hundred Thirty Dollars & NO/100 ($ 277,230.00), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner. (State the numbers or other idents; fication of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) § 4.3 Unit prices, if any, are as follows: Oescriptton Units Prtce ($ 0.00) ARTICLE 5 PROGRESS PAYMENTS § 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.3 Provided an Application for payment is submitted to the Construction Manager not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the 20 day of the following month. If an Application for Payment is receival by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. § 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. AIA Docunwit AIIMMI - —1992. Copyright 01992 by The American Institute of Architects. AN rights reserved WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AW Document, or any portion of It, 3 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced ( by AIA software at 08:48:18 on 08/1512007 under Order No.1000MI11_1 which expires on 414/2008, and is not for resale. (3159375344) Usernatfdx § 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five Percent ( 5% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.7 of the General Conditions; § 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ( ); § 5.6.3 Subtract the aggregate of previous payments made by the Owner, and § 5.6A Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: § 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and § 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. § 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended prior to Substantial Completion of the entire Work; to reduce or limit the retainage resulting from the percentages inserted in Sections 5.6 .1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been felly performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) ( ) per annum telt AIA Document A1ot/Ce�m*� — 'as2 Copyright ®1 see by The American mannas of Architects An hts PMA by U.S. Copyright l ew and international Treaties. Unauthorized re ►of this d. ®ARNINO: This AIA Document is may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent distribution le under the lDocument, w. Ttds dodanor a ent portion opro f 4 / � Noes at 08:48:18 on 08/15/2007 under Order No.1000295111 1 which expires on 4/4/2 8, and is not for rule. (31593783") (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 Temporary facilities and services: (Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) § 7.4 Other Provisions: (Here list any special provisions affecting the Contract.) ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Title p aw Volume 2 Phase III Bidding/Genemi 218 Conditions § 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Volume I - Technical Specifications 904 pages (Table deleted) § 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: ARCHITECTURAL OAT Cover Sheet AO.OT Life Safety Plan-Site/Basement Floor A0.1T Life Safety Plan- Fust Floor AO.2T Life Safety Plan- Second Floor A0.3T Life Safety Plan- Third Floor AO.4T Life Safety Plan- Penthouse AO.5T U.L Assemblies MiL AIA Docranent A101/Clfe"' —1892. CopyNghi ®1992 by The American InstjhRe of Architects. All rights renrved. WARNNG: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / User AIA s at 08.48:18 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and Is riot for resaie. (3158378344) A2.00T Overall- Basement Floor Plan A2.0IT Basement Floor- Area 1 Floor Plan A2.01TF Basement Floor- Area 1 Floor Finish Plan A2.1 OT Overall- First Floor Plan A2.1 IT First Floor -Area 1 Floor Plan A2.11TF First Floor -Area 1 Floor Finish Plan A2.12T Fust Floor -Area 1 Floor Plan A2.12TF First Floor -Area 2 Floor Finish Plan A2.20T Overall -Second Floor Plan A2.21T Second Floor -Area 1 Floor Plan A2.21TF Second Floor -Area 1 Floor Finish Plan A2.22T Second Floor -Area 2 Floor Plan A2.22TF Second Floor -Area 2 Floor Finish Plan A2.30T OverallThird Floor Plan A2.31T Third Floor -Area 1 Floor Plan A2.31TF Third Floor -Area 1 Floor Finish Plan A2.32T Third Floor -Area 2 Floor Plan A2.32TF Third Floor -Area 2 Floor Finish Plan A2.40T Overall -Penthouse Floor Plan AUT Room Finish Schedules A3.OT Door and Window Schedules Frame Types MAT Door and Window Details A3.2T Shell Window Frame Types A3.3T Door and Window Details MAT Door and Window Details MAT Building Sections A4.5T Building Sections AM Wall Sections AMT Wall Sections A5.2T Wall Sections A6.OT Enlarged Floor Plans MAT Enlarged Floor Plans A6.2 Interior Elevations AUT Interior Elevations MAT Interior Elevations A6.5T Interior Elevations A6.6T Interior Elevations A6.7T Interior Elevations A6.8T Interior Elevations A6.9T Interior Elevations A6.1 OT Interior Elevations A6.1 IT Interior Elevations A6.12T Interior Elevations A7.01T Basement Floor Reflected Ceiling Plan -Area 1 A7.02T Basement Floor Reflected Ceiling Plan -Area 2 A7.12T First Floor Reflected Ceiling plan -Area 1 A7.21T Second Floor Reflected Ceiling Plan -Area 1 A7.22T Second Floor Reflected Ceiling Plan -Area 2 A7.31T Third Floor Reflected Ceiling Plan -Area 1 A7.32T Third Floor Reflected Ceiling Plan -Area 2 AUT Wall Types and Retail AUT Interior Details AUT Interior Details AUT Interior Details MAT Interior Details A9.OT Elevator Plans and Sections MECHANICAL �� AIA Dogmuent A1011CM18- —1982. Copyright a 1892 by The American Institute of Architects. All rights reserved. WARNING: This AU\® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 6 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:48:18 on 08/15/2007 under Order No.1000295111_1 which expires on 414/2008, and is not for resale. User Nofes: (3159378344) P0.0 Mechanical Cover Sheet P0.001 Basement Foundation Plumbing Plan Area 1 P0.002 Basement Foundation Plumbing Plan Area 2 P0.01 Basement Waster Plan Area 1 P0.02 Basement Waste Plan Area 2 P1.11 First Floor Plumbing Plan Area 1 P1.12 First Floor Plumbing Plan Area 2 P2.11 Second Floor Plumbing Plan Area 1 P2.12 Second Floor Plumbing Plan Area 2 P3.11 Third Floor Plumbing Plan Area 1 P3.12 Third Floor Plumbing Plan -Area 2 P5.0 Plumbing Details P5.1 Plumbing Details M0.11 Basement Floor HVAC Ceiling Plan Area 1 M1.12 Basement Floor HVAC Ceiling Plan Area 2 M1.01 First Floor HVAC Floor Plan Area 1 M1.02 First Floor HVAC Floor Plan Area 2 M1.11 First Floor HVAC Ceiling Plan Area 1 M1.12 First Floor HVAC Ceiling Plan Area 2 M2.01 Second Floor HVAC Floor Plan Area 1 M2.02 Second Floor HVAC Floor Plan Area 2 M2.11 Second Floor HVAC Floor Plan Area 1 M2.12 Second Floor HVAC Ceiling Plan Area 2 M3.01 Third Floor HVAC Floor Plan Area 1 M3.02 Third Floor HVAC Ceiling Plan Area 1 M3.11 Third Floor HVAC Ceiling Plan Area 1 M3.12 Third Floor HVAC Ceiling Plan Area 2 M4.11 Fourth Floor HVAC Floor Plan Area 1 M4.12 Fourth Floor HVAC Floor Plan Area 2 M5.01 HVAC Roof Plan Area 1 M5.02 HVAC Roof Plan Area 2 M6.0 HVAC Schedules M6.1 HVAC Details M6.2 Hydronic Piping Schematic FP0.1 Basement Floor Overall Fire Protection Plan FP1.0 First Floor Overall Fire Protection Plan FP2.0 Second Floor Overall Fire Protection Plan (Table deleted) FP3.0 Third Floor Overall Fire Protection Plan FP4.0 Fourth Floor Overall Fire Protection Plan ELECTRICAL E1.0 Site Electrical Plan ELI Shell and Core Site Electrical Details E2.01F Basement Fire Alarm Plan - Area 1 E2.011, Basement Lighting Plan - Area 1 E2.01 M Basement Mechanical Power Pla - Area 1 E2.01P Basement Power Plan - Area I E2.01 S Basement Special Systems Plan - Area I E2.02F Basement Fire Alarm Plan - Area 2 E2.021, Basement Lighting Plan - Area 2 E2 -02M Basement Power Plan - Area 2 E2.02S Basement Special Systems Plan - Area 2 E2.1F First Floor Fire Alarm Plan - Area 1 E2.11. First Floor Lighting Plan - Area 1 E2. l M First Floor Mechanical Power Plan - Area 1 E2. l P Fust Floor Power Plan - Area 1 MIS First Floor Special Systems Plan - Area 1 tfdt AIA Docume"t AM/CUB--1992. Copyright m 1992 by The American Institute of Amhbmt& All rights rid. WARNING: This AIA® Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distributlon of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under the taw. This document was produced 7 /by AIA software at 48:48:18 on 08/15/2007 under Order No.10MM111 1 which arras on 4/4/2008, and is not for resale. User Kates: (3159378344) E2.217 First Floor Fire Alarm Plan - Area 2 E2.12L First Floor Lighting Plan - Area 2 E2.12M Fust Floor Mechanical Power Plan - Area 2 E2.12P Fust Floor Power Plan - Area 2 E2.12S Fust Floor Special Systems Plan - Area 2 E2.21F Second Floor Fire Alarm Plan - Area I E2.21L Second Floor Lighting Plan - Area 1 E2.21M Second Floor Mechanical Power Plan - Area I E2.21P Second Floor Power Plan - Area 1 E2.21 S Second Floor Special Systems Plan - Area 1 E2.22F Second Floor Fire Alarm Plan - Area 2 E2.22L Second Floor Lighting Plan - Area 2 E2.22M Second Floor Mechanical Power Plan - Area 2 E2.22P Second Floor Power Plan - Area 2 E2.22S Second Floor Special Systems Plan - Area 2 E2.21 F Third Floor Fire Alarm Plan - Area 1 E2.21L Third Floor Lighting Plan - Area 1 E2.21 M Third Floor Mechanical Power Plan - Area 1 E2.21 P Third Floor Power Plan - Area 1 E2.21S Third Floor Special Systems Plan - Area 1 E2.22F Third Floor Fire Alarm Plan - Area 2 E2.22L Third Floor Lighting Plan - Area 2 E2.22M Third Floor Mechanical Power Plan - Area 2 E2.22P Third Floor Power Plan - Area 2 E2.22S Third Floor Special Systems Plan - Area 2 E2.40 Overall -Roof Electrical Plan E2.50 Penthouse Electrical Plans E3.00 Electrical Schedules E3.01 Electrical Schedules E3.02 Electrical Schedules E3.03 Electrical Schedules E3.04 Electrical Schedules E3.05 Electrical Schedules E4.0 Electrical Details E4.1 Electrical Details E5.0 One Line Diagram E6.1 Lighting Compliance Certificate Addendum B A2.11TFR First Floor Finish Plan Area 1 A2.12TFR Fast Floor Finish Plan Area 2 E1.0 Site Electrical Plan ELI Shell and Core Site Electrical Details E2.01F Basement Fire Alarm Plan- Area 1 E2.01L Basement lighting Plan- Area 1 E2.01M Basement Mechanical Power Plan- Area 1 E2.01P Basement Power Plan- Area 1 E2.01S Basement Special Systems Plan- Area 1 E2.02F Basement Fire Alarm Plan -Area 2 E2.02L Basement Lighting Plan -Area 2 E2.02M Basement Mechanical Power Plan -Area 2 E2.02P Basement Power Plan -Area 2 E2.02S Basement Special Systems Plan -Area 2 E2.1 IF Fust Floor Fire Alarm Plan -Area 1 E2.1 IL First Floor lighting Plan -Area 1 E2.1 1M First Floor Mechanical Power Plan -Area' 1' E2.1 IP First Floor Power Plan -Area 1 Inst. AIA Document A1011CMa= -1992 Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 8 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AW software at 08:48:18 on 08115/2007 wider Order No.1000295111 1 which expires on 414/2008, and is not for resale. User Notes: (3159378344) E2.11 S First Floor Special Systems Plan -Area 1 E2.12F First Floor Fire Alarm Plan -Area 2 E2.12L First Floor Fire Alarm Plan -Area 1 E2.12L First Floor Lighting Plan -Area 2 E2.12M First Floor Mechanical Power Plan -Area 2 E2.12P First Floor Power Plan -Area 2 E2.12S First Floor Special Systems Plan -Area 2 E2.21F Second Floor Fire Alarm Plan -Area 1 E2.21 L Second Floor Lighting Plan -Area 1 E2.21M Second Floor Mechanical Power Plan -Area 1 E2.21P Second Floor Power Plan Area 1 E2.21 S Second Floor Special Systems Plan -Area 1 E2.22F Second Floor Fire Alarm Plan -Area 2 E2.22L Second Floor Lighting Plan -Area 2 E2.22M Second Floor Mechanical Power Plan -Area 2 E2.22P Second Floor Power Plan -Area 2 E2.22S Second Floor Special Systems Plan -Area 2 E2.31F Third Floor Fire Alarm Plan -Area 1 E2.31L Third Floor Lighting Plan Area 1 E2.31M Third Floor Mechanical Power Plan -Area 1 E2.31P Third Floor Power Plan -Area 1 E2.31S Third Floor Special Systems Plan-Aift 1 . E2.32F Third Floor Fire Alarm Plan -Ares E2.32L . Third Floor Lighting Plan -Area `2' E2.32M Third Floor Mechanical Power Plan-Areali E2.32P E2.32S Third Floor Power Plan -Area 2f� _f Third Floor Special Systems Piad1A%2 z E2.40 Overall -Roof Electrical Play E2.50 Penthouse Electrical E3.00 Electrical Schedules y A E3.01 Electrical Schedules E3.02 Electrical Schedules r E3.03 Electrical Schedules E3.04 Electrical Schedules E3.05 Electrical Schedules E4•00 Electrical Details E4.01 Electrical Details E5.00 One Line Diagram E5.01 Lighting Compliance Certificate § 9.1.6 The Addenda, if any, are as follows: Number Date Pages Addendum A 6-18-07 1 Addendum B 7-2-07 182 Addendum C 7_97 4 Addendum D 7-16-07 42 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the biding requirements are also enumerated in this Article 9. § 9.1.7 Other documents, if any, forming part of the Contract Docume=nts are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) (nI. AIA Document A101/011la- —1992. Copyright ®1992 by The American Institute of Architects. All rights reseed. WARNING: This AIA® Document is protected rested to severe civil end yright Law an criminal Treatles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 9 /by AIA software at 08:48:18 on 08/15/2007 under Order No.1000295111 1 YA t explm on 4/4/2009, WW Is rot for resate. tlaer Notes: (31=78344) This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER CITY OF MERIDIAN, An Idaho pal Corporation (Si nature) (Printed w6w and title) CONTRACTOR Architectural Building Supply (S. Te�tf (Printed name and title) Council Approval: Attest: a19AL JAYCSVL. HOLMAN, CITY CLERIC, T r tst •'� •C 111t11',`��t`r� tlllll Approved as to Content BY: Z: � �� d. a&.12 KEITH WATTS, PURCHASING AGENT Dated: 'Y— 2 5 — US Approved as to Form CITY ATTORNEY Init.AIA Docummrt A1011cuam —1982. Copyright ®1992 by The American Institute of Archftects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 10 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced ! by AIA software at 08:48:18 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (3159378344) i Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green Date: 5/1/08 Re: May 6 City Council Meeting Agenda Item n 'M i r City Of Merichan City Clerk Cfiice The Purchasing Department respectfully requests that the following item be placed on the May 6 City Council Consent Agenda for Council's consideration. Approval of Agreement for Independent Contractor Services for New Meridian City Hall — Phase 3 — Tenant Improvements with Architectural Building Supply for Doors Floors & Hardware Recommended Council Action: Approval of Agreement with Architectural Building Supply for the Not -To -Exceed amount of $277,230.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 i •�S Document A101/Wan" -1992 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of in the year of ADDfT10NS AND DELETIONS: (In words, indicate day, month and year) The author of this document has BETWEEN the Owner. added information needed for its (Name and address) completion. The author may also have revised the text of the original AIA standard form. An Additions and CITY OF MERIDIAN Deletions Report that notes added 33 East Idaho Avenue information as well as revisions to Meridian, Idaho 83642-2300 the standard form text is available and the Contractor. from the author and should be (Name and address) reviewed. A vertical line in the left margin of this document indicates Architectural Building Supply where the author has added 960 E. Franklin Road necessary information and where Meridian, Idaho 83642 the author has added to or deleted from the original AIA text. For the following Project: This document has important legal (Include detailed description of Project, location, address and scope.) consequences. Consultation with an attorney is encouraged with respect New Meridian City Hall to its completion or modification. 33 East Broadway Avenue Meridian, Idaho 83642 The 1992 Edition of AIA Document A201/CMa,General Conditions of approximately 100,000 square foot, multi -story city hall office building with a the Contract for Construction, IAn basement Construction Manager -Adviser Edition, Is adopted in this document The Construction Manager is: by reference. Do not use with other (Name and address) genera( conditions unless this document is modified. PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Name and address) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. IriL AIA Document A101/CWN--1992. Copyright m 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:48:18 on 08/15/2007 under Order No.1000295111_1 which expires on 4/412008, and Is not for resale. User Notes: (3159376344) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Paragraphs deleted) October 1, 2007 § 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than ) days after the Date of Commencement. (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.) Portion of Work Substantial Completion date Provide all doors, frames, and hardware as noted on July 1, 2008 the drawings and per the following: Division I — General Requirements Section 08110 Standard Steel Doors and Frames Section 08211– Flush Wood Doors Section 08311– Access Doors and Frames Section 08711 – Finish Hardware This bid package specifically includes: • Furnish and install all metal and wood doors along with the associated hardware. • Furnish and install the hollow metal frames F.O.B. jobsite. • Supply all hardware for exterior hollow metal doors per bid documents, to be installed by others (Phase H -Shell & Core Bid Package 6). This bid package specifically excludes: • Aluminum window units. • Glass and glazing for all doors and window units. , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) lnit. AIA uocument Al 01/ Me IY —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of 1% may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:48:18 on 08/15/2007 under Order No. 1000295111 1 which expires on 414/2008, and is not for resale. User Notes: (3159376344) 0 0 The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of Five Hundred & N0/100 Dollars ($500.00) per calendar day, for each calendar day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and not a penalty. If responsibility for a delay in substantial completion shared by the Contractor and others, Owner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or remedy is under law, in equity or under Contract Documents. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Two Hundred Seventy Seven Thousand Two Hundred Thirty Dollars & NO/100 ($ 277,230.00), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid) § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) ARTICLE 5 PROGRESS PAYMENTS § 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the 20 day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. § 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. (R)� AIA Document At01/Chia- —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:48:18 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and Is not for resale. User Notes: (3159376344) 0 0 § 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five Percent ( 5% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.7 of the General Conditions; § 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ( ); § 5.6.3 Subtract the aggregate of previous payments made by the Owner, and § 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: § 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and § 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. § 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) ( ) per annum �n(t. AIA Document A101/CMaTu —1892. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:48:18 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (3159376344) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 Temporary facilities and services: (Here insert temporaryfacilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) § 7.4 Other Provisions: (Here list any special provisions affecting the Contract.) ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Title Pages Volume 2 Phase III Bidding/General 218 Conditions § 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Volume I - Technical Specifications 904 pages (Table deleted) § 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: ARCHITECTURAL O.OT Cover Sheet AO.OT Life Safety Plan-Site/Basement Floor A0.1T Life Safety Plan- First Floor AO.2T Life Safety Plan- Second Floor AO.3T Life Safety Plan- Third Floor AO.4T Life Safety Plan- Penthouse AO.5T U.L Assemblies �nlfw AIA Document A101/CMa- —1992. Copyright ©1992 by The American institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:48:18 on 08/15/2007 under Ober No.10002951 111 which expires on 4/4/2008, and is not for resale. User Notes (3159378344) 0 A2.00T Overall- Basement Floor Plan A2.01T Basement Floor- Area 1 Floor Plan A2.01TF Basement Floor- Area 1 Floor Finish Plan A2.10T Overall- First Floor Plan A2.1 IT First Floor -Area 1 Floor Plan A2.11TF First Floor -Area 1 Floor Finish Plan A2.12T First Floor -Area 1 Floor Plan A2.12TF First Floor -Area 2 Floor Finish Plan A2.20T Overall -Second Floor Plan A2.21T Second Floor -Area 1 Floor Plan A2.21TF Second Floor -Area 1 Floor Finish Plan A2.22T Second Floor -Area 2 Floor Plan A2.22TF Second Floor -Area 2 Floor Finish Plan A2.30T Overall -Third Floor Plan A2.31T Third Floor -Area 1 Floor Plan A2.31TF Third Floor -Area 1 Floor Finish Plan A2.32T Third Floor -Area 2 Floor Plan A2.32TF Third Floor -Area 2 Floor Finish Plan A2.40T Overall -Penthouse Floor Plan A2.6T Room Finish Schedules A3.OT Door and Window Schedules Frame Types AMT Door and Window Details A3.2T Shell Window Frame Types A3.3T Door and Window Details MAT Door and Window Details MAT Building Sections AUT Building Sections AS.OT Wall Sections A5.1T Wall Sections A5.2T Wall Sections A6.OT Enlarged Floor Plans A6.1T Enlarged Floor Plans A6.2 Interior Elevations A6.3T Interior Elevations MAT Interior Elevations A6.5T Interior Elevations A6.6T Interior Elevations A6.7T Interior Elevations A6.8T Interior Elevations A6.9T Interior Elevations A6.lOT Interior Elevations A6.1 IT Interior Elevations A6.12T Interior Elevations A7.01T Basement Floor Reflected Ceiling Plan -Area 1 A7.02T Basement Floor Reflected Ceiling Plan -Area 2 A7.12T First Floor Reflected Ceiling plan -Area 1 A7.21T Second Floor Reflected Ceiling Plan -Area 1 A7.22T Second Floor Reflected Ceiling Plan -Area 2 A7.31T Third Floor Reflected Ceiling Plan -Area 1 A7.32T Third Floor Reflected Ceiling Plan -Area 2 A8.OT Wall Types and Detail AUT Interior Details AUT Interior Details AUT Interior Details MAT Interior Details A9.OT Elevator Plans and Sections MECHANICAL Init. AIA Document A101/CMaTu —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 6 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:48:18 on 0 811 5/20D7 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (3159376344) 0 - P0.0 Mechanical Cover Sheet P0.001 Basement Foundation Plumbing Plan Area 1 P0.002 Basement Foundation Plumbing Plan Area 2 P0.01 Basement Waster Plan Area 1 P0.02 Basement Waste Plan Area 2 P1.11 First Floor Plumbing Plan Area 1 P1.12 First Floor Plumbing Plan Area 2 P2.11 Second Floor Plumbing Plan Area 1 P2.12 Second Floor Plumbing Plan Area 2 P3.11 Third Floor Plumbing Plan Area 1 P3.12 Third Floor Plumbing Plan -Area 2 P5.0 Plumbing Details P5.1 Plumbing Details M0.11 Basement Floor HVAC Ceiling Plan Area 1 M1.12 Basement Floor HVAC Ceiling Plan Area 2 M1.01 First Floor HVAC Floor Plan Area 1 M1.02 First Floor HVAC Floor Plan Area 2 M1.11 First Floor HVAC Ceiling Plan Area 1 M1.12 First Floor HVAC Ceiling Plan Area 2 M2.01 Second Floor HVAC Floor Plan Area 1 M2.02 Second Floor HVAC Floor Plan Area 2 M2.11 Second Floor HVAC Floor Plan Area 1 M2.12 Second Floor HVAC Ceiling Plan Area 2 M3.01 Third Floor HVAC Floor Plan Area 1 M3.02 Third Floor HVAC Ceiling Plan Area 1 M3.11 Third Floor HVAC Ceiling Plan Area 1 M3.12 Third Floor HVAC Ceiling Plan Area 2 M4.11 Fourth Floor HVAC Floor Plan Area 1 M4.12 Fourth Floor HVAC Floor Plan Area 2 M5.01 HVAC Roof Plan Area i M5.02 HVAC Roof Plan Area 2 M6.0 HVAC Schedules M6.1 HVAC Details M6.2 Hydronic Piping Schematic FP0.1 Basement Floor Overall Fire Protection Plan FP1.0 First Floor Overall Fire Protection Plan FP2.0 Second Floor Overall Fire Protection Plan (Table deleted) FP3.0 Third Floor Overall Fire Protection Plan FP4.0 Fourth Floor Overall Fire Protection Plan ELECTRICAL E1.0 Site Electrical Plan ELI Shell and Core Site Electrical Details E2.0117 Basement Fire Alarm Plan - Area 1 E2.01L Basement Lighting Plan - Area 1 E2.01M Basement Mechanical Power Pla - Area 1 E2.01? Basement Power Plan - Area 1 E2.01 S Basement Special Systems Plan - Area 1 E2.02F Basement Fire Alarm Plan - Area 2 E2.021, Basement Lighting Plan - Area 2 E2.02M Basement Power Plan - Area 2 E2.02S Basement Special Systems Plan - Area 2 E2.1F First Floor Fire Alarm Plan - Area 1 E2.11, First Floor Lighting Plan - Area 1 E2.1 M First Floor Mechanical Power Plan - Area 1 E2.1? First Floor Power Plan - Area 1 E2.1S First Floor Special Systems Plan - Area 1 AIA Document A101/CNIaTM -1942. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produces / by AIA software at 08:48:18 on 08/15/2007 under Order No.1000295111 1 which expires on 4/4/2008, and is not for resale. User Notes: (3159378344) 0 E2.2F Fast Floor Fire Alarm Plan — Area 2 E2.121, First Floor Lighting Plan — Area 2 E2.12M First Floor Mechanical Power Plan — Area 2 E2.12P First Floor Power Plan — Area 2 E2.12S First Floor Special Systems Plan — Area 2 E2.21F Second Floor Fire Alarm Plan — Area 1 E2.21L Second Floor Lighting Plan — Area 1 E2.21M Second Floor Mechanical Power Plan — Area 1 E2.21P Second Floor Power Plan — Area 1 E2.21 S Second Floor Special Systems Plan — Area 1 E2.22F Second Floor Fire Alarm Plan — Area 2 E2.22L Second Floor Lighting Plan — Area 2 E2.22M Second Floor Mechanical Power Plan — Area 2 E2.22P Second Floor Power Plan — Area 2 E2.22S Second Floor Special Systems Plan — Area 2 E2.21F Third Floor Fire Alarm Plan — Area 1 E2.21 L Third Floor Lighting Plan — Area 1 E2.21M Third Floor Mechanical Power Plan — Area 1 E2.21P Third Floor Power Plan — Area 1 E2.21 S Third Floor Special Systems Plan — Area 1 E2.22F Third Floor Fire Alarm Plan — Area 2 E2.221, Third Floor Lighting Plan — Area 2 E2.22M Third Floor Mechanical Power Plan — Area 2 E2.22P Third Floor Power Plan — Area 2 E2.22S Third Floor Special Systems Plan — Area 2 E2.40 Overall -Roof Electrical Plan E2.50 Penthouse Electrical Plans E3.00 Electrical Schedules E3.01 Electrical Schedules E3.02 Electrical Schedules E3.03 Electrical Schedules E3.04 Electrical Schedules E3.05 Electrical Schedules E4.0 Electrical Details E4.1 Electrical Details E5.0 One Line Diagram E6.1 Lighting Compliance Certificate Addendum B A2.11TFR First Floor Finish Plan Area 1 A2.12TFR First Floor Finish Plan —Area 2 E1.0 Site Electrical Plan ELI Shell and Core Site Electrical Details E2.01F Basement Fire Alarm Plan- Area 1 E2.01L Basement Lighting Plan- Area 1 E2.01M Basement Mechanical Power Plan- Area 1 E2.01P Basement Power Plan- Area 1 E2.01S Basement Special Systems Plan- Area 1 E2.02F Basement Fire Alarm Plan -Area 2 E2.021, Basement Lighting Plan -Area 2 E2.02M Basement Mechanical Power Plan -Area 2 E2.02P Basement Power Plan -Area 2 E2.02S Basement Special Systems Plan -Area 2 E2.1 IF First Floor Fire Alarm Plan -Area 1 E2.11 L First Floor Lighting Plan -Area 1 E2.11 M First Floor Mechanical Power Plan -Area' l' E2.1 IP First Floor Power Plan -Area l 0 Intt. AIA Document A101/CMaTM —1992. Copyright ©1992 by The American Institute of Archftects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced s / by AIA software at 08:48:18 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (3159378344) 0 E2.11S Fast Floor Special Systems Plan -Area 1 E2.12F Fast Floor Fire Alarm Plan -Area 2 E2.121, First Floor Fire Alarm Plan -Area 1 E2.121, First Floor Lighting Plan -Area 2 E2.12M First Floor Mechanical Power Plan -Area 2 E2.12P First Floor Power Plan -Area 2 E2.12S First Floor Special Systems Plan -Area 2 E2.21F Second Floor Fire Alarm Plan -Area 1 E2.211, Second Floor Lighting Plan -Area 1 E2.21M Second Floor Mechanical Power Plan -Area 1 E2.21P Second Floor Power Plan -Area 1 E2.21 S Second Floor Special Systems Plan -Area 1 E2.22F Second Floor Fire Alarm Plan -Area 2 E2.221, Second Floor Lighting Plan -Area 2 E2.22M Second Floor Mechanical Power Plan -Area 2 E2.22P Second Floor Power Plan -Area 2 E2.22S Second Floor Special Systems Plan -Area 2 E2.31F Third Floor Fire Alarm Plan -Area 1 E2.311, Third Floor Lighting Plan -Area 1 E2.31M Third Floor Mechanical Power Plan -Area 1 E2.31P Third Floor Power Plan -Area 1 E2.31S Third Floor Special Systems Plan -Area 1 E2.32F Third Floor Fire Alarm Plan -Area 2 E2.321, Third Floor Lighting Plan -Area 2 E2.32M Third Floor Mechanical Power Plan -Area 2 E2.32P Third Floor Power Plan -Area 2 E2.32S Third Floor Special Systems Plan -Area 2 E2.40 Overall -Roof Electrical Plan E2.50 Penthouse Electrical Plans E3.00 Electrical Schedules E3.01 Electrical Schedules E3.02 Electrical Schedules E3.03 Electrical Schedules E3.04 Electrical Schedules E3.05 Electrical Schedules E4.00 Electrical Details E4.01 Electrical Details E5.00 One Line Diagram E5.01 Lighting Compliance Certificate § 9.1.6 The Addenda, if any, are as follows: Number Date Pages Addendum A 6-18-07 1 Addendum B 7-2-07 182 Addendum C 7-9-07 4 Addendum D 7-16-07 42 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are riot part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be pan of the Contract Documents.) AIA Document A101/Cllfs- —1982. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by US. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 9 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:48:18 on 08/15/2007 under Order No.1000295111_1 which expires on 414/2008, and Is not for resale. User Notes: (3159376344) This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER CITY OF MERIDIAN, An Idaho Municipal Corporation (Signature) (Printed name and title) Council Approval: :7 - l -1 - 0-7 Attest: JAYCEE L. HOLMAN, CITY CLERK Approved as to Content BY: X-��6a �� KEITH WATTS, PURCHASING AGENT Dated: 41 - 2 5 _6 8 Approved as to Form CITY ATTORNEY CONTRACTOR Architwilural Building Supply Init.AIA Document A101/CMaTu —1992. Copyright O 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 10 / by AIA software at 08:48:18 on 08/15/2007 under Order No.1000295111_1 which expires on 4/412008, and is not for resale. User Notes: (3159376344) •w=- Document A101/ Ma — 1992 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of in the year of (In words, indicate day, month and year) BETWEEN the Owner: (Name and address) CITY OF MERIDIAN 33 East Idaho Avenue Meridian, Idaho 83642-2300 and the Contractor: (Name and address) Architectural Building Supply 960 E. Franklin Road Meridian, Idaho 83642 For the following Project: (Include detailed description of Project, location, address and scope.) New Meridian City Hall 33 East Broadway Avenue Meridian, Idaho 83642 An approximately 100,000 square foot, multi -story city hall office building with a basement. The Construction Manager is: (Name and address) PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Name and address) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Reportthat notes added information as well as revisions to the standard form text Is available from the author and should be reviewed. A vertical line In the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. The 1992 Edition of AIA Document A201/CMa,Gerleral Conditions of the Contract for Construction, Construction Manager -Adviser Edition, is adopted in this document by reference. Do not use with other general conditions unless this document Is modified. Iftit AIA Document A101/CST"— 1992. Copyright ©1982 by The American Institute of Architects. All rights reserved WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:48:18 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (3158378344) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Paragraphs deleted) October 1, 2007 § 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than ) days after the Date of Commencement. (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work if not stated elsewhere in the Contract Documents.) Portion of Work Substantial Completion date Provide all doors, frames, and hardware as noted on July 1, 2008 the drawings and per the following: Division I — General Requirements Section 08110 – Standard Steel Doors and Frames Section 08211– Flush Wood Doors Section 08311 – Access Doors and Frames Section 08711 – Finish Hardware This bid package specifically includes: • Furnish and install all metal and wood doors along with the associated hardware. • Furnish and install the hollow metal frames F.O.B. jobsite. • Supply all hardware for exterior hollow metal doors per bid documents, to be installed by others (Phase 11 -Shell & Core Bid Package 6). This bid package specifically excludes: • Aluminum window units. • Glass and glazing for all doors and window units. , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) Init.AIA Document A101/CNaTa —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:48:18 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (3159376344) The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of Five Hundred & N0/100 Dollars ($500.00) per calendar day, for each calendar day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and not a penalty. If responsibility for a delay in substantial completion shared by the Contractor and others, Owner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or remedy is under law, in equity or under Contract Documents. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Two Hundred Seventy Seven Thousand Two Hundred Thirty Dollars & NO/100 ($ 277,230.00), subject to additions and deductions as provided in the Contract Documents. I § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid ) § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) ARTICLE 5 PROGRESS PAYMENTS § 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the 20 day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. § 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. lnit. AIA Document A701/CMam —1992. Copyright ©1892 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08.48:18 on 08/15/2007 under Order No.100029511 1_1 which expires on 4/412008, and is not for resale. User Notes: (3159376344) § 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five Percent ( 5% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.7 of the General Conditions; § 5.6.2 Add that portion of the Contract Sum properly allocable to materials'and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ( ); § 5.6.3 Subtract the aggregate of previous payments made by the Owner, and § 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: § 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and § 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. § 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.6.1 and 5.62 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project.Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) ) per annum �nit AIA uocument AIUIICMOm —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Low and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:48:18 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and Is not for resale. User Notes: (3159376344) • 9 (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 Temporary facilities and services: (Here insert temporaryfacilities and services which are di, f,�erent from or in addition to those included elsewhere in the Contract Documents.) § 7.4 Other Provisions: (Here list any special provisions affecting the Contract.) ARTICLES TERMINATION OR SUSPENSION § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Title Pages Volume 2 Phase III Bidding/General 218 Conditions § 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Volume I - Technical Specifications 904 pages (Table deleted) § 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: ARCHITECTURAL O.OT Cover Sheet AO.OT Life Safety Plan-Site/Basement Floor A0.1T Life Safety Plan- First Floor AO.2T Life Safety Plan- Second Floor AO.3T Life Safety Plan- Third Floor AO.4T Life Safety Plan- Penthouse AO.5T U.L Assemblies frill. AIA Document A101/CUan —1992. Copyright 01992 by The American Institute of Architects. All rights reserved WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:48:18 on 08/15/2007 under Order No.10002951 111 which expires on 4/4/2008, and is not for resale. User Notes: (3159376344) • A2.00T Overall- Basement Floor Plan A2.01T Basement Floor- Area 1 Floor Plan A2.01TF Basement Floor- Area 1 Floor Finish Plan A2.1 OT Overall- First Floor Plan A2.1 IT First Floor -Area 1 Floor Plan A2.1 ITT First Floor -Area 1 Floor Finish Plan A2.12T First Floor -Area 1 Floor Plan A2.12TF First Floor -Area 2 Floor Finish Plan A2.20T Overall -Second Floor Plan A2.217 Second Floor -Area 1 Floor Plan A2.21TF Second Floor -Area 1 Floor Finish Plan A2.22T Second Floor -Area 2 Floor Plan A2.22TF Second Floor -Area 2 Floor Finish Plan A2.30T Overall -Third Floor Plan A2.31T Third Floor -Area 1 Floor Plan A2.317F Third Floor -Area 1 Floor Finish Plan A2.32T Third Floor -Area 2 Floor Plan A2.32TF Third Floor -Area 2 Floor Finish Plan A2.40T Overall -Penthouse Floor Plan MAT Room Finish Schedules A3.OT Door and Window Schedules Frame Types AMT Door and Window Details A3.2T Shell Window Frame Types A3.3T Door and Window Details MAT Door and Window Details MAT Building Sections A4.5T Building Sections A5.OT Wall Sections AMT Wall Sections A5.2T Wall Sections A6.OT Enlarged Floor Plans A6.1T Enlarged Floor Plans A6.2 Interior Elevations A6.3T Interior Elevations MAT Interior Elevations A6.5T Interior Elevations A6.6T Interior Elevations A6.7T Interior Elevations A6.8T Interior Elevations A6.9T Interior Elevations A6.I OT Interior Elevations A6.1 IT Interior Elevations A6.12T Interior Elevations A7.01T Basement Floor Reflected Ceiling Plan -Area 1 A7.02T Basement Floor Reflected Ceiling Plan -Area 2 A7.12T First Floor Reflected Ceiling plan -Area 1 A7.21T Second Floor Reflected Ceiling Plan -Area 1 A7.22T Second Floor Reflected Ceiling Plan -Area 2 A7.31T Third Floor Reflected Ceiling Plan -Area 1 A7.32T Third Floor Reflected Ceiling Plan -Area 2 A8.OT Wall Types and Detail AUT Interior Details AUT Interior Details AUT Interior Details MAT Interior Details A9.OT Elevator Plans and Sections MECHANICAL • Init.AIA Document A101/CMaTM —1992. Copyright ©1992 by The American Institute of ArchftAIA® Document All rights reserved. WARNING: This ADocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 6 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:48:18 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (3159376344) • P0.0 Mechanical Cover Sheet P0.001 Basement Foundation Plumbing Plan Area 1 P0.002 Basement Foundation Plumbing Plan Area 2 P0.01 Basement Waster Plan Area 1 P0.02 Basement Waste Plan Area 2 P1.11 First Floor Plumbing Plan Area 1 P1.12 First Floor Plumbing Plan Area 2 P2.11 Second Floor Plumbing Plan Area 1 P2.12 Second Floor Plumbing Plan Area 2 P3.11 Third Floor Plumbing Plan Area 1 P3.12 Third Floor Plumbing Plan -Area 2 P5.0 Plumbing Details P5.1 Plumbing Details M0.11 Basement Floor HVAC Ceiling Plan Area 1 M1.12 Basement Floor HVAC Ceiling Plan Area 2 M1.01 First Floor HVAC Floor Plan Area 1 M1.02 First Floor HVAC Floor Plan Area 2 M1.11 First Floor HVAC Ceiling Plan Area 1 M1.12 First Floor HVAC Ceiling Plan Area 2 M2.01 Second Floor HVAC Floor Plan Area 1 M2.02 Second Floor HVAC Floor Plan Area 2 M2.11 Second Floor HVAC Floor Plan Area 1 M2.12 Second Floor HVAC Ceiling Plan Area 2 M3.01 Third Floor HVAC Floor Plan Area 1 M3.02 Third Floor HVAC Ceiling Plan Area 1 M3.11 Third Floor HVAC Ceiling Plan Area 1 M3.12 Third Floor HVAC Ceiling Plan Area 2 M4.11 Fourth Floor HVAC Floor Plan Area 1 M4.12 Fourth Floor HVAC Floor Plan Area 2 M5.01 HVAC Roof Plan Area 1 M5.02 HVAC Roof Plan Area 2 M6.0 HVAC Schedules M6.1 HVAC Details M6.2 Hydronic Piping Schematic FP0.1 Basement Floor Overall Fire Protection Plan FP1.0 First Floor Overall Fire Protection Plan FP2.0 Second Floor Overall Fire Protection Plan (Table deleted) FP3.0 Third Floor Overall Fire Protection Plan FP4.0 Fourth Floor Overall Fire Protection Plan ELECTRICAL E1.0 Site Electrical Plan ELI Shell and Core Site Electrical Details E2.01F Basement Fire Alarm Plan - Area 1 E2.01L Basement Lighting Plan - Area 1 E2.01M Basement Mechanical Power Pla - Area 1 E2.01P Basement Power Plan - Area 1 E2.01S Basement Special Systems Plan - Area 1 E2.02F Basement Fire Alarm Plan - Area 2 E2.02L Basement Lighting Plan - Area 2 E2.02M Basement Power Plan - Area 2 E2.02S Basement Special Systems Plan - Area 2 E2.1F First Floor Fire Alarm Plan - Area 1 E2.1L First Floor Lighting Plan - Area 1 E2.1M First Floor Mechanical Power Plan - Area 1 E2.1 P First Floor Power Plan - Area 1 E2.1 S First Floor Special Systems Plan - Area 1 • init.AIA Document A101/C11a--1982. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:48:18 on 08/15/2007 under Order No.10002951111 which expires on 4/412008, and Is not for resale. User Nates: (3159378344) This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER CITY OF MERIDIAN, An Idaho Municipal Corporation (Signature) (Printed name and title) Council Approval: —7-1-1-0-7 Attest: JAYCEE L. HOLMAN, CITY CLERK Approved as to Content BY: Z�az d' 1,41a& KEITH WATTS, PURCHASING AGENT Dated: /-/— 2 s - 08 Approved as to Form CITY ATTORNEY CONTRACTOR Architectural Building Supply (S' turef 1%sevc (�G'�"I (Printed name and title) Init AIA Document A101/CNaTM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 10 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:48:18 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (3159376344) May 2, 2008 FP 08-007 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Tuscany Development, Inc. ITEM NO. 8 REQUEST Request for Final Plat approval for 18 single-family residential bldg lots and 1 other lot on 1.383 acres in a TN -R zoning district for Gramercy Subdivision No. 3 -- west of Eagle Road and south of Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: V'�r CITY WATER DEPT: CITY SEWER DEPT: None CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF TUSCANY DEVELOPMENT, INC., FOR FINAL PLAT APPROVAL OF 18 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 1 OTHER LOT ON 1.383 ACRES IN A TN -R ZONING DISTRICT LOCATED WEST OF EAGLE ROAD AND SOUTH OF OVERLAND ROAD IN SW 1/ OF THE NE 1/ OF SECTION 20, T. 3N., R. 1E C/C May 6, 2008 CASE NO. FP -08-007 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on May 6, 2008, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: May 6, 2008, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING GRAMERCY SUBDIVISION NO. 3 A RESUBDIVISION OF LOT 1, BLOCK 4, GRAMERCY SUBDIVISION NO. 1 LOCATED IN THE SW 1/ OF THE NE'/ OF SECTION 20, T. 3N., R. 1 E., BOISE ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAMERCY SUBDIVISION NO.3 / (FP -08-007) Page 1 of 4 0 9 MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2008, HANDWRITTEN DATE: 03/31/08, SHEET 1 OF 2, ENGINEERING SOLUTIONS, LLP", TUSCANY DEVELOPMENT, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: May 6, 2008, listing 12 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 17 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their May 6, 2008 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water and that run-off is not to create a mosquito breeding problem. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAMERCY SUBDIVISION NO. 3 / (FP -08-007) Page 2 of 4 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of fn� , 2008 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAMERCY SUBDIVISION NO. 3 / (FP -08-007) Page 3 of 4 0 ! s .,,��'' Tammy de d �'4 Mayor, Ci Meridian Attest: o s SEAL c 9 = Jaycee H%hnan, City Clerk Copy served upon Applicant, the Pl'� t% Department, Public Works Department, and City Attorney. ""'""��� BDated: ity Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAMERCY SUBDIVISION NO. 3 / (FP -08-007) Page 4 of 4 CITY OF MERIDIAN PLAONG AND PUBLIC WORKS DEPARATS STAFF REPORT STAFF REPORT: Meeting Date: May 6, 2008 CVERJDIAN;,i-;-- TOMayor and City Council ®� FROM: Kristy Vigil, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 257-5 208-898-5500 SUBJECT: Gramercy Subdivision No. 3 Request for Final Plat Approval of Gramercy Subdivision No. 3 Consisting of 18 Single-family Residential Building Lots and 1 other lot on 1.383 Acres in a TN -R Zoning District by Tuscany Development, Inc (File# FP -08-007). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Tuscany Development, Inc, has applied for final plat approval of 18 single-family residential building lots and 1 other lot on 1.383 acres of land for Gramercy Subdivision No. 3. The zoning district for the proposed subdivision is TN -R (Traditional Neighborhood Residential). Gramercy Subdivision No. 3 is located south of Overland Road, approximately a '/ mile west of Eagle Road in Section 20, T. 3N., R. 1E. and is a resubdivision of Lot 1, Block 4 of Gramercy Subdivision No. 1. The City Council approved the preliminary plat for Gramercy Townhomes on December 18, 2007. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Gramercy Subdivision No. 3 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved development agreement (instrument # 106141056), and approved Gramercy Townhomes modified development agreement (instrument # 108022888), annexation (AZ -06-012), rezone (RZ-07-016), preliminary plats (PP -06-019 and PP - 07 -018), final plat (FP -06-048), and conditional use permit (CUP -07-018) applications for this subdivision. 2. If the City Engineer's signature has not been obtained by 12/18/09, the Final Plat approval for this subject phase shall expire. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Exhibit "A" FP -08-007 Gramercy Subdivision No. 3 FP.doc PAGE 1 CITY OF MERIDIAN PLAONG AND PUBLIC WORKS DEPART&TS STAFF REPORT 4. All alleys shall be constructed per UDC 11-6C-3-5. The alley shall have a minimum of 16 feet of paving, serve as a fire lane, and be constructed of concrete or asphalt with a concrete ribbon curb. From the entrance to the public street provide a minimum of 28 -foot inside and 48 -foot outside turning radius. No parking shall be allowed on either side of the street within 50 feet of the alley entrance as measured from the centerline of the alley, and the alley shall be designed so the entire length is visible from a public street. 5. Revise or add the following note(s) on the face of the plat prepared by Engineering Solutions, LLP, stamped on 03/31/08 by D. Terry Peugh, prior to signature of the final plat by the City Engineer: 9.) Revise to include Development Agreement number 10802288. 11.) Revise to read, "... dwelling units.", and are exempt from City of Meridian BUR 6. Prior to signature of the final plat by the City Engineer, all existing structures shall be removed or relocated from the site. 7. Remove from the signature page r r ®nmd A. r r -ad y 8. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed on the east side prior to release of building permits for this subdivision. 9. The landscape plan, prepared by Harvest Design, P.C., and dated 11/27/0707 is approved with no changes 10. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 11. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 12. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or he within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Exhibit "A" FP -08-007 Gramercy Subdivision No. 3 FP.doc PAGE 2 CITY OF MERIDIAN PLAANG AND PUBLIC WORKS DEPARTNOTS STAFF REPORT 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 7. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Exhibit "A" FP -08-007 Gramercy Subdivision No. 3 FP.doc PAGE 3 CITY OF MERIDIAN PLANG AND PUBLIC WORKS DEPARTTS STAFF REPORT Contact Robert B. Whitney at (208)334-2190. 14. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 16. The applicant's design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. STAFF RECOMMENDATION Staff recommends approval of the final plat for Gramercy Subdivision No. 3 (FR08-007) with the above stated. comments and conditions. Exhibit "A" FP -08-007 Gramercy Subdivision No. 3 FP.doc PAGE 4 • Page I o C 2 Kristy Vigil From: Shari [es-sharis@qwest.net] Sent: Tuesday, May 06, 2008 12:57 PM To: Kristy Vigil Subject: RE: Gramercy No. 3 FP staff report Yes Shari Stiles I:minecring Solutions. LLP 1029 N. Rosario Street. Suite 100 Meridian. ID 83642 Telephone: (208) 938-0980 Fax: (208) 938-0941 es-sharis(d Nvest.net From: Kristy Vigil [mailto:vigilk@meridiancity.org] Sent: Tuesday, May 06, 2008 12:57 PM To: Shari Subject: RE: Gramercy No. 3 FP staff report Shari, By template do you mean the turning radius for fire trucks diagram? Thanks, Kristy From: Shari [mailto:es-sharis@qwest.net] Sent: Tuesday, May 06, 2008 12:33 PM To: Kristy Vigil Cc: Tara Green; Machelle Hill; Nancy Radford; Jaycee Holman; Bill Johnson; Bill Nary; Joe Silva; Kenny Bowers; Ron Anderson; Ted Baird; Scott Steckline Subject: RE: Gramercy No. 3 FP staff report Kristy: The applicant will comply with the conditions of approval as stated in the staff report. For clarification, the public alleys will be designed to meet ACHD standards and in accordance with the template provided by staff. Thankyoul Shari Stiles Engineering Solutions. LLP 1039 N. Rosario Street. Suite 100 Meridian. ID 83642 Telephone: (208) 938-0980 I:az: (208) 938-0941 es-sharis ci gwest.nei From: Kristy Vigil [mailto:vigilk@meridiancity.org] Sent: Thursday, May 01, 2008 4:15 PM To: Shari Exhibit "t3" 5/6/2008 0 • May 2, 2008 VAC 08-003 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Mike Konecny ITEM NO. 9 REQUEST Vacate a portion of existing right-of-way platted on Lots 20 and 22, Block 2 & dedicate new right-of-way from a portion of Lot 22, Block 2 for Sundial Subdivision - south of Ustick Road and west of Linder Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Report CITY ATTORNEY CITY POLICE DEPT: ve — MAov, nt� AD CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: None CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: See attached Comments SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian May 2, 2008 FP 08-008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Gemstar Properties ITEM NO. 1 REQUEST Final Plat approval for 26 single-family building lots and 3 common lots on 7.70 acres in an R-4 zone for Sundial Subdivision No. 1 b - west of N. Linder Road and south of W. Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: None CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Response to Staff Report Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF GEMSTAR ) PROPERTIES, FOR FINAL PLAT ) APPROVAL OF 26 SINGLE-FAMILY ) RESIDENTIAL AND 3 COMMON ) LOTS IN AN R4 ZONE LOCATED ) 1/3 OF A MILE WEST OF N. LINDER ) ROAD AND APPROXIMATELY 1/4 ) OF A MILE SOUTH OF W. USTICK ) ROAD, SWI/4 OF NE '/o OF T. 3N., ) RAW., SECTION 2 ) CIC May 6, 2008 CASE NO. FP -08-008 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on Aprill, 2008, and the Council finding that the Administrative Review is complete from Jenny Veatch, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: May 6, 2008, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING SUNDIAL SUBDMSION NO. lb LOCATED IN THE SW'/ OF THE NE'/ OF SECTION 2, T.3.N, R.1.W BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: April 18, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDIAL SUBDIVISION NO. lb / (FP -08-008) Page 1 of 3 2008, SHEET 1 OF 2, MICHAEL E. MARKS", GEMSTAR PROPERTIES, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Jenny Veatch, Assistant City Planner for the Planning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: May 6, 2008, listing 11 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 12 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Scott Noriyuki of Gemstar Properties, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDIAL SUBDIVISION NO. lb / (FP -08-008) Page 2 of 3 E Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of , 2008. Attest: M ' Tammy de We Orr'•.,• Mayor, Ci f Meridian 6 O BEAL city Clea- A Copy served upon Applicai4t,,�����/' Attorney. By City Clerk's Office Lr - day Public Works Department, and City Dated: 5 - 19 - 0% ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDIAL SUBDIVISION NO. lb / (FP -08-008) Page 3 of 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Hearing Date: May 6, 2008 EIDIAN IDAHO TO: Mayor and City Council FROM: Jenny Veatch, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Sundial Subdivision No. lb Request for Final Plat Approval of Sundial Subdivision No. lb Consisting of 26 Single -Family Residential Building bots and 3 Common Lots on 7.70 Acres in an R-4 Zone, by Gemstar Properties. (File# FP -08-008). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Gemstar Properties, has applied for final plat approval of 26 single-family residential building lots and 3 common lots on 7.70 acres of land for Sundial Subdivision No. lb. The current zoning designation for the proposed subdivision is R-4 (Medium Low -Density Residential). The gross density of the proposed subdivision is 3.41 dwelling units per acre and the net density is 4.23 dwelling units per acre. Sundial Subdivision No. lb is located approximately 1/3 of a mile west of N. Linder Road and approximately 1/4 of a mile south of W. Ustick Road, in the SW'/a of NE'/a of T. 3N., R.1 W., Section 2. This property has not been previously platted. The City Council approved the preliminary plat for Sundial Subdivision on April 17, 2007 and the submitted final plat substantially complies with the approved preliminary plat. The applicant had submitted and received approval on a final plat for Sundial Subdivision on August 14, 2007. As part of a condition of approval of the preliminary plat, ACHD required the applicant to construct a T-type intersection; stubbing W. Whitelaw Drive into the second phase of the development rather than the cul- de-sac that was already designed. The applicant has had to redesign the previously approved final plat into two phases, and has an application in process to vacate a portion of the existing right-of-way platted along W. Whitelaw Drive with Turtle Creek Subdivision Q. Staff recommends approval of Sundial Subdivision No. lb with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved Sundial Subdivision preliminary plat (PP -06-060), as well as the Cairns Property annexation and development agreement (Inst. No. 94108841). 2. The Final Plat approval for this subject phase shall expire on 04/17/09, if the City Engineer's signature has not been obtained. FP -08-008 Sundial Subdivision No. lb FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 3. The applicant has indicated that Nampa and Meridian Irrigation District (NMID) will own and ,operate the required pressurized irrigation system in this development. Therefore a fax from NMID indicating plan approval, pressure irrigation system ownership and approved license agreement shall be submitted prior to scheduling of a pre -construction meeting. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single -point connection to the potable water system is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 5. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 6. The applicant shall be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Minimum cover over sewer mains is three -feet. If there is less than three feet from top of pipe to sub -grade then upgraded pipe materials shall be used per City of Meridian Standard Specifications. The contractor selected to install the water and sewer mains must be in possession of a current, valid Public Works Contracting License. 7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 94-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. ' Contact Central District Health for abandonment procedures and inspections (208)375-5211. 9. The landscape plan, prepared by The Land Group and dated 4/17/08, shall be revised as follows: a. Revise to reflect Lots 20 and 22, Block 2 to be in Phase Two of Sundial Subdivision. b. Revise the calculations table to accurately depict site area and open space. Submit three copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC l I - 3B -11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of FP -08-008 Sundial Subdivision No. lb FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 10. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 11. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. STANDARD CONDITIONS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air -testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to - signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. FP -08-008 Sundial Subdivision No. lb FP.doc PAGE 3 • 0 . CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11 -6B -7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Sundial Subdivision No. lb (FP -08-008) with the above stated conditions. FP -08-008 Sundial Subdivision No. Ib FP.doc PAGE 4 .i4mi&i Veatch frorn: Soft N.OrJOki--'(tbpt( @.thbgO Sent V*dr*Way, AOM 30.2006 10,33 AM To:dedr, Jennftr-V"tch Subject, SUndtaltub #1 and *2 final PlatSialf. ftepods ignWifer— I( :fegar4s-.toAheSuftdI4I.Sub #I and O.F.InatPl6tSkaff Reporm,'Umstar.Propertio LK has reviewed and agrees with Staff's Op.ortfiewffimenda.0ods. ] have the Laodgrioup Inc. ihe.m*e the requqsted changes to the Laqs*cOppFlans. Although notrOquiriO. Iexp e.4thqse changes to be complete prior to -our may 6th. 2008 P.O.blic ljearin' I M Thank you and -441 flee io cali.pnytime with questions. Scott Nodyukj RropefFes :7381 addoewqy Place Salle 160• -Eagleo Idaho 83616 Ofte (M8) 939-2852 Fq)�1208) 0$1*141 Celf(208) 23"202 .51&2008 0 0 JWfrilifot Vitatch Froffi: Scift Wortyuld. -SOt Wedoo Way,.April- 30.20081'0;33 AM To: �:cledq Jennifer Veatch 'Subject: Sundial tub #J. and -42 Final Plat -Staff Reports Jennifer— FlnatPlatStaff`Reports, G.Ornstat Properties LLC has reviewed and agrees with ttAfF4iv.p,6rt/.recoffimendatlohs. lhave contacted the Land$roup jnc. the..m9ke the rO4ue4tOd changes to We Landscape Flom. Although not ro4luired, 1,expe !changes othw. to be -complete priorto.our-may 64h, 2008 T, hank- you. -and feg) -free ta. tall a nyfami! with q u"Ooos. Son Nwayuki .GemSter'Propeftes, 738 $. 8.ftewoy Place WOW Toglej Idaho 836x6 Office (WO 939-1852 Fox, 1209) 04.94411 all (208) 2304202 S1009 May 2, 2008 FP 08-009 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Gemstar Properties ITEM NO. 11 REQUEST Final Plat approval for 2 single-family building lots and 1 common lot on 2.94 acres in an R-4 zone for Sundial Subdivision No. 2 - west of N. Linder Road and south of W. Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Staff Report Date: None See attached Comments Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. E • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF GEMSTAR ) PROPERTIES, FOR FINAL PLAT ) APPROVAL OF 2 SINGLE-FAMILY )' RESIDENTIAL AND 1 COMMON ) LOT IN AN R4 ZONE LOCATED 1/3 ) OF A MILE WEST OF N. LINDER ) ROAD AND APPROXIMATELY 1/4 ) OF A MILE SOUTH OF W. USTICK ) ROAD, SW% OF NE '/ OF T. 3N., ) R.1W., SECTION 2 ) C/C May 6, 2008 CASE NO. FP -08-009 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on Aprill, 2008, and the Council finding that the Administrative Review is complete from Jenny Veatch, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: May 6, 2008, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLA'T SHOWING SUNDIAL SUBDIVISION NO.2 LOCATED IN THE SW '/a OF THE NE '/a OF SECTION 2, T.3.N, R. LW BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: April 18, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDIAL SUBDIVISION NO.2 / (FP -08-009) Pagel of 3 2008, SHEET 1 OF 2, MICHAEL E. MARKS", GEMSTAR PROPERTIES, Developer, is Conditionally Approved subject to those conditions of Staffcomments as set* forth in the Memorandum to the Mayor and City Council from Jenny Veatch, Assistant City Planner for the Planning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: May 6, 2008, listing 11 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 12 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 3 pages, and by this reference incorporated herein, and the response letter from Scott Noriyuki of Gemstar Properties, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAIGNNGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDIAL SUBDIVISION NO.2 / (FP -08-009) Page 2 of 3 i 0 Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the (i day Of , 2008. By: ,.•.„i�uii�ii� Tammy de We d • '��.,� Mayor, City Meridian Attest: '�� ''e do a RAL Jaycee Rolman, City Clerk Copy served upon Applicant,''�}i� ,Irnent, Public Works Department, and City Attorney. �'''��n�„11 f l of �``%� B DNA Dated: 5- t cl-Q$ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDIAL SUBDIVISION NO.2 / (FP -08-009) Page 3 of 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTM• S STAFF REPORT STAFF REPORT: Hearing Date: May 6, 2008 C� ElkIDIAM,-- IDdHO TO: Mayor and City Council FROM: Jenny Veatch, Assistant City Planner 208-884-5533 ' Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Sundial Subdivision No. 2 Request for Final Plat Approval of Sundial Subdivision No. 2 Consisting of 2 Single -Family Residential Building Lots and 1 Common Lot on 2.94 Acres in an R-4 Zone, by Gemstar Properties. (File# FP -08-009). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Gemstar Properties, has applied for final plat approval of 2 single-family residential building lots and I common lot on 2.94 acres of land for Sundial Subdivision No. 2. The current zoning designation for the proposed subdivision is R-4 (Medium Low -Density Residential). The gross density of the proposed subdivision is 0.6$ dwelling units per acre and the net density is 0.68 dwelling units per acre. Sundial Subdivision No. 2 is located approximately 1/3 of a mile west of N. Linder Road and approximately 1/4 of a mile south of W. Ustick Road, in the SW% of NE % of T. 3N., R.1W., Section 2. This property has not been previously platted. The City Council approved. the preliminary plat for Sundial Subdivision on April 17, 2007 and the submitted final plat substantially complies with the approved preliminary plat. The applicant had submitted and received approval on a final plat for Sundial Subdivision on August 14, 2007. As part of a condition of approval of the preliminary plat, ACRD required the applicant to construct a T-type intersection; stubbing W. Whitelaw Drive into the second phase of the development rather than the cul- de-sac that was already designed. The applicant has had to redesign the previously approved final plat into two phases, and has an application in process to vacate a portion of the existing right-of-way platted along W. Whitelaw Drive with Turtle Creek Subdivision Q. Staff recommends approval of Sundial Subdivision No. 2 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved Sundial Subdivision preliminary plat (PP -06-060), as well as the Cairns Property annexation and development agreement (Inst. No. 94108841). FP -08-009 Sundial Subdivision No. 2 FP.doc PAGE I CITY OF MERIDIAN PLANNING AND PUBLIC WORKS. DEPARTMENTS STAFF REP , ORT 2. The Final Plat approval for this subject phase shall expire on 04/17/09, if the City Engineer's signature has not been obtained OR if it is not signed by the City Engineer within 18 months of phase 1 being signed by the City Engineer 3. The applicant -has indicated that Nampa and Meridian Irrigation District (NMID) will own and operate the required pressurized irrigation system in this development. Therefore a fax from NMID indicating plan approval, pressure irrigation system ownership and approved license agreement shall be submitted prior to scheduling of a pre -construction meeting. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single -point connection to the potable water system is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 5. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 8. The final plat prepared by Stanley Consultants, and dated 4/19/07, is approved with no changes. 9. The landscape plan, prepared by The Land Group and dated 1/15/07, is approved with no changes. 10. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the Iocation of mailboxes. Contact the Meridian Postmaster, Richard Buth-m.4 at 887-1620 for more information. 11. Staff s failure to cite specific ordinance provisions or -conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. STANDARD CONDITIONS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air -testing and video inspection, fencing installed, drainage lots constructed, road FP -08-009 Sundial Subdivision No. 2 FP.doc PAGE 2 • 0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be. required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. . All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11 -6B -7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially' to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Sundial Subdivision No. 2 (FP -08-009) with the above stated conditions. FP -08-009 Sundial Subdivision No. 2 FP.doc PAGE 3 May 2, 2008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT ITEM NO. 12 REQUEST Public Hearing — 2008 Parks & Recreation Fees AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: w v Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 • CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE May 6, 2008 ITEM # 12 PROJECT NUMBER PROJECT NAME 2008 Parks & Recreation Fees NAME I FOR I AGAINST (NEUTRAL ofc • CITY OF MERIDIAN NOTICE OF PUBLIC HEARING • NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, May 6, 2008, for proposed new fees and fee increases to cover the cost of Recreation Programs and Parks Services. The proposed changes are as follows: Fee Description Current Fee Proposed Fee % Change Volleyball Competitive Men's, Women's, Co -Ed Team Fee 10 games + tournament $110.00 $250.00 127% Player Fees min. 8 $15.00 Remove Non -Lea ue Softball Tournaments Entry Fee Parks $ Rec Hosted $175.00 $185.00 6% Girl's Spring Fast itch Softball 10U, 12U, 14U, 16U, 18U Team Fee with ASA Fee Not Included NA $275.00 New ASA Fee(per la er $6.00 Remove Park Reservations Tully Park Multi -Use Field Rental(per hour NA $10.00 New Settlers Park Baseball/Softball Field Rental(per hour NA $10.00 New- ewHerita Heritage a Ball Fields Softball Field Rental (perhour NA $10.00 New- ewS Special ecial Events Boise Hawks Family Wt $8.00 $10.00 25% Camps Outdoor Adventure Cam $124.00 $150.00 21% Bogus Basin Mountain Discovery Camp NA $134.00 New Whitewater Sampler Camp NA $395.00 1 New Kavak Skills Development Cama __ NA $495.00 1 New • More information on the above hearing is on file in the City Clerk's Office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials should be submitted to the City Clerk no later than seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. DATED this 10th day of April, 2008. JAYCEE HOLMAN, CITY CLERK PUBLISH on the 14th and 28th of April, 2007. Meridian Parks and Recreation 2008 Fee Schedule = Denotes fee change/addibon/removal = Denotes wording change Fee Description Current Fee Proposed Fee % Change' Vollevball Compeffive Men's, Women's, Co -Ed Late Fee(per team $30.00 $30.00 00/0 Recreational Men's, Women's, Co -Ed Team Fee $100.00 $100.00 00/0 Late Fee team $30.00 $30.00 0% Bas II Men's, Women's, Men's Over 40 Team Fee 10 games + toumament $400.00 $400.00 0% Player Fees min. 8 $15.00 $15.00 0% USSSA Fee $20.00 $20.00 0% Late Fee $50.00 $50.00 0% S Men's, Women's, Co -Ed Team Fee $400.00 $400.00 0% Player Fees min. 12 $15.00 $15.00 0% ASA Fee $26.00 $26.00 0% Late Fee $50.00 $50.00 0% MO'g 1012r Team Fee 16games) $550.00 $550.00 00/0 Player Fees min. 12 $15.00 $15.00 0% ASA Fee $26.00 $26.00 0% Late Fee $50.00 $50.00 0% Fall §gftb 1 Men's, Women's, Co -Ed Team Fee 8 amen $200.00 $200.00 0% Player Fees min. 12 $15.00 $15.00 0% ASA Fee $12.00 $12.00 00/0 Late Fee $50.001 $50.00 0% Non-LemseaffigJ1 Field Prep for tournaments(per hour $18.00 $18.00 0'/O Girrs SDring FastDfth Softball 10U, 12U, 14U, 16U, 18U Team Fee with ASA Fee Included Late Fee team $350.00 $50.001 $350.00 $50,00 0% 00/40 Shelter Fees: Extra Picnic Tables $3.00 $3.00 0% Alcohol Permit 5 hr. time block $20.00 $20.00 0% Amus. EquipAM Canopies 5 hr time block per item $10.00 $10.00 0% Amplified Sound Permit(per da $20.00 $20.00 0% Park Use Application For Events(per $50.00 $50.00 0% Short Term Concessions Permit(per da $25.00 $25.00 00/0 Stomy Park Blue & Green S Shelter Rental 1-50 people) $30.00 $30.00 0% Shelter Rental 51-100 a $45.00 $45.00 00/0 Shelter Rental 101-150 pe*e) $60.00 $60.00 0% Shelter Rental 151-200 peqpIje $75.00 $75.00 0% Softball Field Rental(per hour $10.00 $10.00 0% Softball Field U"(per hour) $15.00 $15.00 0% Volae all Equipment 5 hr time block blue shelter o $10.00 $10.00 0% Tully Park Small Shelter Rental 30 ppople max. $30.00 $30.00 0% Lar a Shelter Rental 1-150 people) $60.00 $60.00 0% Large Shelter Rental 151-200 people) $75.00 $75.00 0% Large Shelter Rental 201-250 people) $90.00 $90.00 0% Large Shelter Rental 251-300 people) $105.00 $105.00 0% Softball Field Rental hour $10.00 $10.00 0% Voile ah E ' ment 0 hr time block IaM shelter on , $10.00 $10.00 0% Chateau Park Shelter Rental 30 people max. $30.00 $30.00 00/0 Multi -Use Field Rental(per hour $10.00 $10.00 0% Shelter Fees continued: Settlers Park Shelter Rental (1-50 people) $30.00 $30.00 0% Shelter Rental 51-100 people) $45.00 $45.00 0°k Shelter Rental 101-150 people) $60.00 $60.00 0% Shelter Rental 151-200 people) $75.00 $75.00 0% Muld-Use Field Rental hour $10.00 $10.00 0% �s b ,q! icA& tolAper,�o Heroes Park Mtdti-Use Field Rental $10.00 $10.00 0% Seasons Park Shelter Rental 1-30 people) $30.00 $30.00 0% Mu16-Use Field Rental(per hour) $10.00 $10.00 00/0 Kiwanis Park Shelter Rental 1-50 people) $30.00 $30.00 0% Shelter Rental 51-100 people) $45.00 $45.00 0% Multi -Use Field Rental(per hour $10.00 $10.00 00/0 Bear Creek Park Shelter Rental 1-50 people) $30.00 $30.00 0% Shelter Rental 51-100 people) $45.00 $45.00 0% Softball Field Rental r hour $10.00 $10.00 0% Multi -Use Field Rental(per hour) $10.00 $10.00 0% Champion Park Shelter Rental 30 people max. $30.00 $30.00 0% Multi -Use Field Rental r hour $10.00 $10.00 0% He!" e Ball Fields '86ftball Field Dental ` 0, pur NA-r $1.0A N ° a 4h §gLacial vents - �• Meridian Bam Sour 1 We Fun Run $8.00 $8.00 0'/0 6k/10k Run $18.00 $18.00 0% 1 We Fun Run Late Registration 6k/10k Run LateRegistration $13.00 $23.00 $13.00 $23.00 0% 0% Summer Sizzler BaskethaH Team 4 Ia ers max $40.00 $40.00 00/0 Voile all Team 4 players max $40.00 $40.00 0% Inline Skati $12.00 $12.00 00/0 Boise Hawks Fami!y Night $8.00 $8.00 0% Cams Play Cam 1 wk 7:30-5:30) Early Reg. $84.00 $84.00 0% Play Cam 1 wk 7:30-5:30) $94.00 $94.00 0% Play Cam 1 wk 9:00-3:00 Early Reg. $64.00 $64.00 0% Play Cam 1 wk 9:00-3:00 $74.00 $74.00 0% Sorts Cam Skyhawks Sports Camp Full Da 9am-3 m 39.00 $118.00 $39.00 $118.00 0 0%0. Skyhawks Sports Camp Half Da (9am-12 m) $98.00 $98.00 0% Winter Adventure Cam $96.00 $96.00 0% Christmas Art Cam $45.00 $45.00 0% 86 us Basin Fountain Discovery Cam NA $134.00 N eW Whitewater Sampler Camp NA $395.00 New yakSkills Develo sent Camp NA $495.00 New R Acfivily Guide Classes Winter Fun Da $15.00 $15.00 0% Spdng Break Fun Da $15.00-$35.00 $15.00-$35.00 0% Mu"edla Art Class $34.001 $34.00 0% Learn to Norckc Ski $28.00-$36.00 $28.00-$36.00 00/0 , l q ;wish a,i an „ $40.00 $40.00 0% Ws About Couples Lifetime Love $150.00 $150.00 0% Adult Watercolor $35.00 $35.00 00/0 Fd & FaH Proof $5.00 $5.00 0% Scrapbooldng Classes $5.00-$20.00 $5.00-$20.00 00/0 Golf Lessons $48.00 $48,00 0% Hunter Education $10.00 $10.00 0% Creative W ' ' $50.00 $50.0010% W-7 s ,1f6d6iOak' Clew>s, N �L fon TutF t ; i €s�rov €s tonal Emgli°l u,P it"y Do It yemfsAt Ittt sleir�c rg� i E1€h 4-0 Ou a, , - l ?W - . _ . Ppd ttl or €tit € tltn Nva ¢ 9 Cl. 7t; e pieArt C �,` r `� Ne ` }ti icioso t Excei Clays . NAI daily 'af!LrI lTP I t t 3.Ui1 Ne , ,tike With a Ronger �(❑ _ _._ No Activfty Guide Ads Back Cover Full Color $400.00 $400.00 0% FuH Pae $320.00 $320.00 0% 1/2 Pae $160.00 $160.00 0% 114 Pae $80.00 $80.00 0% 1/8 Pae $40.00 $40.00 0% May 2, 2008 TE 08-003 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Ten Mile Development, LLC ITEM NO. 13 REQUEST Continued PH from 4-15-08 — Request for approval of 18 month TE to obtain City Engineer's signature on Final Plat & commence use in accordince with applications for Umbria Svbdhrision — n/o West Franklin & w/o N. Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS 0 M roue �ubt� C- �- 1U 5-2G-O�- Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 May 2, 2008 VAR 08-003 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Stanley Silman ITEM NO. 14 REQUEST Public Hearing - Variance to UDC Table 11-2A-5 to allow a structure encroachment into the required rear yard setback in the R-4 zoning district for Silman Setback - 1749 W. Lowry Street (Lot 10, Block 16, Tumble Creek Sub #6 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Report CITY ATTORNEY CITY POLICE DEPT: �r CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: None CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: See attached Comments SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached of Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian May 2, 2008 VAR 08-008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Kinsan Chan ITEM NO. 15 REQUEST Public Hearing - Variance to UDC 11-3H-4B.2.a, which prohibits new approaches directly accessing a state highway to allow a temporary access to SH 55/Eagle Road for Great Wall Restaurant - 2590 N. Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Request for Continuance CITY ATTORNEY `��L L - CITY POLICE DEPT: CITY FIRE DEPT: ry 09 CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ITD Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. May 2, 2008 AZ 06-063 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT SLN Planning, Inc. ITEM NO. 16 REQUEST Continued Public Hearing from April 22, 2008 -- Request for Annex. and Zoning of 38.68 acres from RUT and R-1 zones to C -G zones for Waltman Property (aka Browning Plaza) by Waltman, LLC. AGENCY COMMENTS CITY CLERK: See Previous Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: C�'Lllti77�T�1 See attached Staff Report CITY POLICE DEPT: CITY FIRE DEPT: tAll" 4 CITY BUILDING DEPT: >� CITY WATER DEPT: CITY SEWER DEPT: I �® CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. May 2, 2008 PP 08-001 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT SLN Planning, Inc. ITEM NO. 17 REQUEST Continued Public Hearing from April 22, 2008 -- Request for Preliminary Pla- approval of 52 commercial / office lots and 1 common lot on 38.21 acres in a proposed C -G zone for Browning Plaza -- 505, 521, 615, & 675 Waltman Ln. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet / Minutes See attached Staff Report Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. May 2, 2008 AZ 05-052 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Landmark Development Group, LLC ITEM NO. 18 REQUEST Amendment to Ordinance No. 08-1346A — Request for Annexation and Zoning of 7.87 acres from R1 to C -G zone for Sadie Creek Promenade — 3055 North Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached f Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN AMENDED ORDINANCE NO. 08-1346 A PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Amended Ordinance of the City of Meridian granting annexation and zoning for land located in US Government Lot 1 of Section 5 and US Government Lot 4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 17.15 acres more or less. This parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho AvenueMp }dian, Idaho. This ordinance shall become effective on the (,Q day of a ��� Q08. o City oAleridian = SEAL Mayor and City Council By: Jaycee L. Holman, City Clerk I A �j First Readin : S' U -D$ Adopted fter first reading by suspension of �the''ie�as allowed pursuant to Idaho Code 50-902: YES � NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 08-1346 A The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 08-1346 A of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this 13 day of 2008. William. L.M. Nary City Attorney AMENDED ORDINANCE SUMMARY — AZ -05-050 SADIE CREEK PROMENADE Page 1 ADA COUNTY RECORDER J. DAVIQ NAVARRO AMOUNT .00 8 BOISE IDAHO 05J16I01 12:59 PM 1 II II1 t 1II DEPUTY Da eulette REC ORDED—REQREQ —REQUEST OF CITY OF MERDIAN t 08057323 CITY OF MERIDIAN ORDINANCE NO. 08-1346A BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN AMENDED ORDINANCE 08-1346 (AZ -05-050 SADIE CREEK PROMENADE) FOR ANNEXATION OF PROPERTY LOCATED IN US GOVERNMENT LOT 1 OF SECTION 5 AND US GOVERNMENT LOT 4 OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED INATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-1 (ADA COUNTY) TO C -G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to -wit: Sadie Creek Commons, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from R-1 (Ada County) to C -G (General Retail and Service Commercial District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter ail use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. AMENDED ANNEXATION OF AZ -05-050 SADIE CREEK PROMENADE Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. i 1a^ PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this �� day of 2008. D7" APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this O day of 2008. ATTEST: JAYCEE L. HOLMAN, CITY CE AMENDED ANNEXATION OF AZ -05-050 SADWMEEK PROMENADE Page 2 of 3 STATE OF IDAHO, ) . ) ss. County of Ada ) On this 0 day of Maq , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 0....., (SEAL) ••'•� ,, 1VI' Olc',,•• TARY PUBL C FOR IDAHO et � RESIDING AT: t MY COMMISSION EXPIRES:�1 ^I� AMENDED ANNEXATION OF AZ -05-050 SADIE CREEK PROMENADE Page 3 of 3 _..._........._...�..__._........._..._... _-_-..,,._......._..,........_...._......._....._....._....... ...... _......... __....................... .._..........................__....................._..._...._......__.. I+% 0 A THE LAND GROUP, INC. May 11, 2007 Legal Description Project No. 2651 MARK BOTTLES REAL ESTATE SERVICES Total Parcel - Annexation 17.15 acres EXHIBIT "A" A tract of land for annexation purposes situated in a portion of U.S. Government Lot 1 of Section 5 and U.S. Government Lot 4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BEGINiNG at a found brass cap monumenting the Northeast Corner of U.S. Government Lot 1 of said Section 5 on the centerline of East Ustick Road, from which a found brass cap monumenting the Northwest Corner of U.S. Government Lot 2 of said Section 5 bears South 89°39'20" West a distance of 2,656.46 feet; Thence following the northerly line of said Section 4 and the centerline of said East Ustick Road, North 89°35'50" East a distance of 27.59 feet to a found aluminum cap on the centerline of North Eagle Road (Idaho State Highway No. 55); Thence leaving said northerly line and following the centerline of said North Eagle Road, South 01 ° 1439" West a distance of 679.29 feet to a point; Thence leaving said centerline, North 83°54'00" West a distance of 580.48 feet to a found 5/8 -inch steel pin; Thence North 71°28'10" West a distance of 803.90 feet to a found 5/8 -inch steel pin on the westerly line of U.S. Government Lot 1 of said Section 5; Thence following said westerly line, North 00°15'11" West a distance of 328.79 feet to a found 5/8 -inch steel pin; Thence following said westerly line, North 00°24'50" West a distance of 24.99 feet to a found 5/8 -inch steel pin monumenting the Northwest Corner of said U.S. Government Lot 1 on the centerline of East Ustick Road; Thence leaving said westerly line and following the northerly line of said U.S. Government Lot 1 and said centerline, North 89039'20" East a distance of 1,328.23 feet to the POINT OF BEGINNING. L andswp Archilwilre • Site Plawdig + Goil Eagfmdig �alfComse Lriga#oo & Bgioeering • Gmphir Coraaaad- ion 1.40 Rivcr Vista P1acc, Twin I ells, Idaho 11208.733.4041 F 208.733.4045 • wwwAicland�,ra��ni�nc,5nm 0ACAIANle Transfer IrilL:\2651 \Admin\Legal--\11_07051 i bonlcs_2651 total anncx..doc Pagc I of 2 . ..... . ..... THE LAND GROUP, INC. The above-described tract of land contains 17.15 acres, more or less, subject to any existing easements or rights -of --way. Prepared By: THE LAND GROUP, INC. 140 RIVER VISTA PLACE TWIN FALLS, IDAHO 83301 208-733-4041 208-733-4045 (FAX) L.aa&r4vPr ArrGiler1xm • Site Planning • G(,,I E innrieg i?,ro/f C'ourre 1»rgaliou & Eogineenng • Gra�iliic Cou»nnniralioa 140 River Vida Place, Twin Falls, Idaho P208.733.4041 F 208.733.4045 • www.thelandpron inc.atm 0ACAD\L!aglc Transfer I--ilc%\2651 \Admin\1egal.\11_070511 Ixtttles_2651_total anncx..doc Page 2 of 2 • • 0 3 . CA r. ti `r PI a (ft2 y AQ1 C Q Aw -,Aq . sup J covNEXATI�ON m ray „i �a PROJECT NO. 05181 a • • 0 as ClVWlV=VZVKVt:TVK . CA /9 ti `r PI �eu� THE LAND GROUP, INC. i' ~- AmAtfe y OSHa-107 Q �� -,Aq . sup J covNEXATI�ON m ray „i �a PROJECT NO. 05181 1 � 3 i nTTI FC R;:df GCTATG 1 y; N r � N X i59iY as S01'14'39'W 879.29' fr N. EAGLE ROAD - STATE HIGI.IWAY SS A6 c �n < �n� 3 � C m Q '* 4 < W t(D o 3 D�? 046 Opl..� C'O 3 � � -121 ? U1 7 0=� co oa ClVWlV=VZVKVt:TVK PROJECT INFORMATION SCALE: -1 = 2O0' ti `r PI �eu� THE LAND GROUP, INC. i' ~- AmAtfe D OSHa-107 Q �� -,Aq . sup J covNEXATI�ON m ray „i �a PROJECT NO. 05181 1 fay 1 S01'14'39'W 879.29' fr N. EAGLE ROAD - STATE HIGI.IWAY SS A6 c �n < �n� 3 � C m Q '* 4 < W t(D o 3 D�? 046 Opl..� C'O 3 � � -121 ? U1 7 0=� co oa ClVWlV=VZVKVt:TVK PROJECT INFORMATION SCALE: -1 = 2O0' ti `r PI �eu� THE LAND GROUP, INC. i' ~- AmAtfe EXHJB�T "B" OSHa-107 �� -,Aq . sup J covNEXATI�ON 11AN. PROJECT NO. 05181 1 OF 1 i nTTI FC R;:df GCTATG _w.._......_........_.,._._........_.._�...__-.._ __.__.__....._......, .... ...... ........... I ...... 0 ............... ... ........ .... � 2- THE LAND GROUP, INC. May 11, 2007 Legal Description Project No. 2651 MARK BOTTLES REAL ESTATE SERVICES Total Parcel - Annexation 17.15 acres EXHIBIT "A" A tract of land for annexation purposes situated in a portion of U.S. Government Lot I of Section 5 and U.S. Government Lot 4 of Section 4, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BEGINING at a found brass cap monumenting the Northeast Corner of U.S. Government Lot 1 of said Section 5 on the centerline of East Ustick Road, from which a found brass cap monumenting the Northwest Corner of U.S. Government Lot 2 of said Section 5 bears South 89039'20" West a distance of 2,656.46 feet; Thence following the northerly line of said Section 4 and the centerline of said East Ustick Road, North 89035150" East a distance of 27.59 feet to a found aluminum cap on the centerline of North Eagle Road (Idaho State Highway No. 55); Thence leaving said northerly line and following the centerline of said North Eagle Road, South 01 *14'39" West a distance of 679.29 feet to a point; Thence leaving said centerline, North 83154'00" West a distance of 580.48 feet to a found 5/8 -inch steel pin; Thence North 71°28'10" West a distance'of 803.90 feet to a found 5/8 -inch steel pin on the westerly line of U.S. Government Lot 1 of said Section 5; Thence following said westerly line, North 00°15'11" West a distance of 328.79 feet to a found 5/8 -inch steel pin; Thence following said westerly line, North 00°24'50" West a distance of 24.99 feet to a found 5/8 -inch steel pin monumenting the Northwest Corner of said U.S. Government Lot 1 on the centerline of East Ustick Road; Thence leaving said westerly line and following the northerly line of said U.S. Government Lot 1 and said centerline, North 89039120" East a distance of 1,328.23 feet to the POINT OF BEGINNING. LondsveAn&Wnre & Site Pknning e Catti/Enginwing 0GOXVYrse l -i- ion & Engineering • Graphic Cowmuniration 140 River Vista Nam, Twin f=alls, Idalxi 1'208.733.4041 F 208.733.4045 • www.thelarrclgm in nc.cOnt 0ACAI S2gle Transfer Piles\2651 \Admin\1.c0s\U_070511_botdes 2651 total anr=..doc Page 1 of 2 THE LAND GROUP, INC The above-described tract of land contains 17.15 acres, more or less, subject to any existing easements or rights-of-way. Prepared By: THE LAND GROUP, INC. 140 RIVER VISTA PLACE TWIN FALLS, IDAHO 83301 208-733-4041 208-733-4045 (FAX) 4 a LauAit*e /lnliitehun • Sile Alaniriog • on/B., gaieuing &/JCoune lirrgation e5 Errgineniq • Grapkit Commnrrimlioa 140 River Vista Place, Twin Palls, Idaho P208.733-404117 208.733.4045 • map—.tbelandgpi"t u�m U.\GAD\Wc Transfer Pile\2651 \Admin\l..egals\U 070511_bt>tdes_2651 total annea..doc Page 2 of 2 May 2, 2008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT ITEM NO. 19 REQUEST Ordinance No. 0"(- 1354' : Amendment to the Flood Damage Prevention Ordinance AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT. CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 08- 5 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 10 CHAPTER 6 FLOOD DAMAGE PREVENTION OF THE MERIDIAN CITY CODE PROVIDING FOR GENERAL PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. A full text of this ordinance is available for inst*R}}�at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This Ordina �N 1 eye fective upon passage and publication. p City oferidian = FINAL _ Mayor and City Council ? y By: Jaycee L. Holman, City Clerk First Reading: G -LD -U /''�•,,�, Y ����► tr i 1itN<<�� Adopted after first reading by suspension of the l�u�e as allowed pursuant to Idaho Code § 50-902: YES_ NO " Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 08- l?� The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 08- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of , 2008. dz . '1--" William. L.M. Nary City Attorney SUMMARY FOR FLOOD DAMAGE PREVENTION AMENDMENT- PAGE 1 OF 1 CITY OF MERIDIAN ORDINANCE NO. 06-13S9'_ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 10 CHAPTER 6 FLOOD DAMAGE PREVENTION OF THE MERIDIAN CITY CODE PROVIDING FOR GENERAL PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the National Flood Insurance Program is a federal program which enables property owners in participating communities to purchase insurance as protection against flood losses in exchange for the adoption of community floodplain management regulations that reduce future flood damages; WHEREAS, the City of Meridian is a participating community in the National Flood Insurance Program; and WHEREAS, the regulatory standards set forth in this ordinance meet or exceed the regulations of 44 C.F.R. Sections 59-65 and Parts 70 and 73, regarding floodplain management, for the protection of public health, safety and welfare; and WHEREAS, the policies expressed herein are designed to protect public health, safety and welfare by minimizing public and private losses due to flood conditions; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Title 10 Chapter 6 Flood Damage Prevention of the Meridian City Code is hereby amended as follows: CHAPTER 6 FLOOD DAMAGE PREVENTION 10-b-1: FINDINGS OF FACT, PURPOSE AND OBJECTIVES: A. Findings Of Fact: 1. The fleed hazard ammSpecial Flood Hazard Areas of the City are subject to periodic inundation which can results in loss of life, and-propertydamaae, hazard to health, and safety, disruption of commerce and governmental services, extraordinary public FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 1 OF 19 i • expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 2. These flood losses are aggravatedeaused by the cumulative effect of obstructions in exem of speeial flood Special Flood Hazard Areas which increase flood elevations. Development that is , and when knwdequawl anehefed; damage uses in ether- ams. Uses that am inadequately flood:proofed, elevated, or otherwise protected from flood damage also contributes to4w flood losses. B. Statement Of Purpose: It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: 1. To protect human life and health; 2. To minimize expenditure of public money and costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To minimize prolonged business interruptions; 5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; 6. To help ff4aimizemaintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. To ensure that information regarding the location of Special Flood Hazard Areas is readily available to potential property buyers and other interested peonlepe al and 8. To ensure that those who occupy Special Flood Hazard Are—the ew fleece assume responsibility for their actions. C. Methods Of Reducing Flood Losses: In order to accomplish its purposes, this Chapter includes methods and provisions for managingdevelopment in flood prone areas to insure that: 1. Structures are designed and built to acceptable standards to be protected from flooding, an FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE -.PAGE 2 OF 19 0 • 2. Development does not increase the potential for flood damaLye by elevating flood water above regulatory limits. , ineluding eeustme iow, > stFeam eheamis, and pmteefive a ; geed damage; y a — — — s • I ; 91M., 10-6-2: DEFINITIONS: Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. APPEAL: A request to City Council to overrule a permit denial because the applicant claims that the ordinance has been incorrectly interpreted. Mod �• . r.. — s ■ FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE — PAGE 3 OF 19 BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. Also referred to as the "100 -year flood". Designatien en maps always .. lades the loftm w of V BASE FLOOD ELEVATION (BM: The elevation of the crest of the Base Flood. DEVELOPMENT: Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations hazapd-or storage of eaupment or materials. FLOOD INSURANCE RATE MAP (FIRM): The-effieial map provided to communities in the Regular Phase of the National Flood Insurance Program MIP). It delineates a Special Flood Hazard Area or floodplain. FIRMs often include Base Flood Elevations. ea-wl}ie13 Ytw aPPazv FLOOD INSURANCE STUDY -LEIS A booklet that provides detailed information on a community's flood hazard areas. The FIS normally includes topographic information, floodplain and floodway admWstmfien that imWdes geed the fleea boundary � a ,a th profiles, ♦vvu zxvvccr�ss� [nom to charts, study information. and stream profiles. FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: A. The overflow of inland waters, and/or B. The unusual and rapid accumulation of runoff of surface waters from any source. FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1'). Regulations reguuire that the floodway be kept open so that flood flows not obstructed or diverted onto other properties If the base flood is entirely contained within the banks of a clearly defined channel, the entire channel may be defined as a floodwater LOWEST FLOOR: The lowest floor of the lowest enclosed area (including fbig emeladinb mde , usable-sAlelfoi-pafking of -y hieles, budding aeeess er storage, in th than not built so as to reader- the 6#ue4we in -Aelafien of the amlieable aeaelevafieft desige . and crawl spaces) of a building, LOWEST FINISHED FLOOR: The lowest floor of a structure finished for living space FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 4 OF 19 0 0 MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when eemeeW ttached to the required utilities. similim vehieles plaeed on a site fef gfeatff than ene hundred eighty (180) eeweeufive days. For- insufanee puTe 4The term "manufactured home" does not include .a "recreational vehicle". MERIDIAN FLOODPLAIN OVERLAY DISTRICT: Area regulated by this section of code. This area is initially defined by overlaying the SFHA onto digital maps and amending it through en ineering hydraulic analysis, or by surveys to correct inconsistencies with field -conditions, then applying a 10 foot horizontal buffer to expand the area. Amendments to the district due to hydraulic analysis or field surveys shall be approved by the Meridian City Council. This information shall be made available by the Floodplain Administrator. The Meridian Floodplain Overlay District will always include at least the SFHA. The Floodplain Overlay District will not be decreased by FEMA LOMRs. MERIDIAN FLOODWAY OVERLAY DISTRICT: Floodwav portion of the Floodplain Overlay District regglated by this code. This area is initially defined by overlaying the FEMA floodway onto digital maps and amendittg it through engineering eering hydraulic analysis, or by surveys to correct inconsistencies with field conditions, thenapplvingLa 5 foot horizontal buffer to expand the area. Amendments to the district due to hydraulic analysis or field surveys shall be approved by the Meridian City Council. This information shall be made available by the Floodplain Administrator. The Meridian Floodway Overlay District will always include at least the Floodway mapped by FEMA shown on the FIRM. of land divided We twe (2) or- mery m&m+fw4umd -home lots for- r-ent er- 9-1 NEW CONSTRUCTION: Structures for which the "start of construction" commenced on or after the effective date of this chapter. SPECIAL FLOOD HAZARD AREA (SFHA): The term used by the National Flood Insurance Program (NFIP) for the floodplain identified on the Flood Insurance Rate Maps. START OF CONSTRUCTION: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either -the first placement of permanent construction of a structure on a site., swh as #w ..•F. lab o" feefings, the kwWlatien efpile `he eenstr-uetien of 9 er- aiiy work beyead the stage of ! 7 gmding and filling; ! ! FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 5 of 19 0 SUBSTANTIAL IMPROVEMENT: 0 -A. If a Substantial Immovement is beine made to a structure, the entire structure must be brought into compliance with the provisions of this code. There are three occasions when work on an existing _buil ft is considered a substantial improvementepa 0 1. Ma --improvements made to a building that cumulatively exceeds 50% of the market value of the build ine. 2. Reconstructions or repairs of a buildine. that cumulatively exceeds 50% of the market value of the building before it was daag ed.hc the stmeftwe has be &maged and is being restefed, befeT-e the I Fred. For- the pufpeseq of , 3. Additions to an existing building when the addition increases the market value of a structure by more than 501/o or the finished floor area by more than 20%. a. The current assessed value shall be used as the market value. B. Substantial improvement does not include -14w tef does am however-, inch e eith : 1. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or 2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. VARIANCE _A grant of relief from the requirements of this chapter which permits construction in &manner that would otherwise be prohibited by this chapter. (Ord. 564, 1 1�I ' d-QFd-8299102 1:7 2002) 10-6-3: GENERAL PROVISIONS: FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 6 OF 19 0 • A. Lands To Which This Chapter Applies: This chapter shall apply to all areas of the Meridian Floodplain Overlay District as defined in subsection 10-6-2 within the jurisdiction of the city.speeial geed hazard within the jufisdirafiea of the eity. (Ord. 564 B. Basis For Establishing ficial Flood Hazard. Areas : The areas of special hazard identified by the federal insurance administration in a scientific and engineering Fflood insurance Sstudy (FIS) and Flood }Insurance Rr-ate Mmap (FIRM) for Ada County, Idaho, and incorporated areas entitled "FIRM Community Panel #16001CINDOOB of Ada County, Idaho, and its incorporated areas effective Febmary-I October 2.2003", is hereby adopted by reference and declared to be a part of this chapter together with any subsequent revisions thereof. The flood insurance study and flood insurance rate map(s) are on file in the office of the floodplain administratoreity elegy. (GFd. 03 _ 1004, 2 ^ 2003 .,ffi 2_ 19 200 C. Penalties For Noncompliance: No development shall take plas4fuetwe or- land sM1 without full compliance with the terms of this Chapter and other applicable regulations. Violation of the provisions of this Chapter by failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions, shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to penalty as provided in Section 14-1 of this Code for each violation, and in addition shall pay all costs and expenses involved in the case, including attorney fees. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. (Qf . 564 11 19 199 ..,...a. 1999 G..�c� D. Abrogation And Greater Restrictions: This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Additionally. in the event that any of the requirements of this chapter are in conflict with those of 44 CFR part 60, the more stringent restrictions shall prevail. E. Interpretation: In the interpretation and application of this Chapter all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under State statutes. F. Warning And Disclaimer Of Liability: The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 7 OF 19 0 • heights may be increased by manmade or natural causes. This Chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder. , it 19 1991) 10-64: ADMINISTRATION: A. Establishment Of Floodplain Development Permit: 1. Floodplain Development Permit Required: A Floodplain dDevelopment Ppermit shall be obtained before construction or development begins within any area of Meridian Floodplain Overlay District as define in subsection 10-6-23-9 of this Chapter. The permit shall be for allwtms inehiffi as set fefth in Seetien 10-6 2 of this Ghaptff, and feF all development including fill and other activities also as set forth in Section 10-6-2 of this Chapter. a. Exemptions: At the discretion of the Floodplain Administrator. development that will have negligible impact to flood characteristics may be exempt from the permit regi irement. 2. Application For Floodplain Development Permit: Application for a Floodplain dDevelopment pPermit shall be made on forms furnished by the Building Department and may include, but not be limited to; plans-ki-d� drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing andef proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: a Description of site work to be done in the Meridian Floodplain Overlay District. b. Base Flood Elevations and floodway location in the project area be€er-e-and develepinent, c Elevation of the lowest floor and lowest finished floor of all structures. ra. Deseriefien of site work to be done in the �."dian Fleedelain Oveday Di d Calculations or backwater model results showing the effect of the development on Base Flood elevations for areas without a FIS -mapped floodway.: e No Rise Certification for work in the Floodway Overlay District. FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 8 OF 19 0 B. Designation Of Floodplain AdministratorBuikKng-BeparWwnt: The Floodplain Administrator shall be desiggated by the City Engineer, an is hereby appointed to administer and implement this Chapter by granting or denying Floodplain dDevelopment Ppermit Aapplications in accordance with its provisions. C. Duties And Responsibilities Of the Floodplain AdministratorBu epi: Duties of the Floodplain Administrator4uikIkg4)epaAment shall include, but not be limited to: 1. Review and evaluate Floodplain Development Permit Applicatio —Sp- e it R -c • --•: a. Determine whetherR view A deve4epment pemiks te deteFmine dmt the permit requirements of this Chapter have been satisfied. b. Require additional Federal, State, or Local Permits if applicable.Review A development pemks te detefmine dml aH nesessary permits have been obtained fiem c. Require that final elevation certificates or other as -built documents are submitted by the permit applicant before Certificates of Occupancy are granted for the ro'ect. 2. Notify addiacent communities and the State Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance n.4'cl+—w Of Other Base Weed Date- When obtain,this Chopw, the Building Depw4meRt shall r%4ew, base geed elevaden and fleedway " avail" &em a Fe&-fW, State er- other seume, 3. Maintain the following information for public inspection: Obtained And Maiatainedi a. Floodplain Development Permit Applications and attachments.Whm base b. Results of hydraulic studies as required by this --Uer- &H new of substanfi FLooD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 9 of 19 0 0 (2) Maintain the fl a r e fia v � t4i fi tan rez„, ed : su1,. ee fie A7,. ofthis See fieri Chapter: No Rise certificates as reuq ired by this chanter. d. Flood ;proofing certificates. e Any other documents pertaininto the provisions of this chapter. 4. : Interpretation and Amendment of Meridian Floodplain and FloodwayOverlay District Boundaries: a. . Make interpretations where needed as to specific location of the boundaries of the Special Flood Hazard Area or Meridian Floodplain and Floodway Overlay Districts (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). b. Submit amendments as appropriate to City Council for V-roval.Re re�hat l *: F the beunda6es F the anas f spei1 flood hazards (f r«l s where The refsen v Z D.- Appeals and Variances . 1. Appeal and Variance Procedures-BeW: a. The City Council shall hear and decide appeals and requests for variances from the requirements of this Chapter. b. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain AdministratorBa9dg-DepaFftueat in the enforcement or administration of this Chapter. The Floodplain Administrator and applicant shall consult with the City Engineer prior to appealing to Citv Council. c. Those aggrieved by the decision of the City Council, or any taxpayer, may appeal such decision to the Fourth Judicial District Court, Ada County, Idaho, pursuant to Idaho Code chapter 52, title 67. FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 10 OF 19 0 d. In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter; and (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding4w-e • e; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (b) The availability of alternative locations for the proposed use which are not subject to flooding-er-e i (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. e. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 2. Conditions For Variances: a. Variances shall not be issued within the Meridian Floodway Overlay District if M increase in flood levels during the base flood discharge would result.:F3exend4y,- FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 11 OF 19 0 0 e -Variances shall only be issued upon: (1) A showing of good and sufficient cause; Reasons that do not constitute good and sufficient cause include: loss of property value inconvenience to the property owner, or lack of funding to comply. (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (3) A determination that the granting of a variance will not result in i"Mased #feed heights -additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public -as-ideatifie ,3 or conflict with existing local laws or ordinances. (4) A determination that the variance is the minimum necessary, considering the flood hazard to afford relief. Any variance should allow only minimum deviation from the requirements of this code. €c Upon consideration of the factors of subsection Dld of this Section and the purposes of this Chapter. the City Council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this Chapter. d. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated.residential neighborhoods. As , vmianees f,... the good eleve ' w sheWd be qufte rm. ems, Vafianees may be issued zvrzvm4sieava efy fifflite ek-etmstaaees te allow a lesser- degree of b FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 12 of 19 • REM 0 Y e -Variances shall only be issued upon: (1) A showing of good and sufficient cause; Reasons that do not constitute good and sufficient cause include: loss of property value inconvenience to the property owner, or lack of funding to comply. (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (3) A determination that the granting of a variance will not result in i"Mased #feed heights -additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public -as-ideatifie ,3 or conflict with existing local laws or ordinances. (4) A determination that the variance is the minimum necessary, considering the flood hazard to afford relief. Any variance should allow only minimum deviation from the requirements of this code. €c Upon consideration of the factors of subsection Dld of this Section and the purposes of this Chapter. the City Council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this Chapter. d. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated.residential neighborhoods. As , vmianees f,... the good eleve ' w sheWd be qufte rm. ems, Vafianees may be issued zvrzvm4sieava efy fifflite ek-etmstaaees te allow a lesser- degree of b FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 12 of 19 0 • fleedpreefing, where it ean be determined that sash aefion YMI have low damage Ste=. h—. Any applicant to whom a variance is granted shall be given written notice —by- the Floodplain Administrator that the developmeny4metwe will be permitted without meeting City Code requirements base flood elevation. and that the cost of flood insurance will be commensurate with the increased risk of flood damage. . 10-6-5: PROVISIONS FOR FLOOD HAZARD REDUCTION: A. Standards for the Meridian Floodplain Overlay District 1. Engineerina and Mavving Reuuirements: a Determination of Base Flood Elevations (BFEsj: Except at locations where a floodway has been established Tthe Floodplain Development Permit Applicant shall retain the services of a Qualified Licensed Professional Engineer or Professional Land Surveyor to determine BFEs before and after the proposed development. BFEs shall be determined based on FIRMS previous studies by performing a hyjaulic analysis or other methods approved by the Floodplain Administrator. The engineer or surveyor must check with the Floodplain Administrator to determine if additional updated information on BFEs is available. b Effect of Development on BFE: The cumulative effect of any proposed development when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot W) at any point It is the responsibility of the City acting through the Floodplain Administrator to allocate the one foot increase to best serve the purposes and objectives of this chapter. c Floodway Mapping• In floodplains where the floodway has not been mapped, the Floodplain Development Permit Applicant shall retain the services of a Qualified Licensed Professional Engineer to determine the location of the floodway. Standards for developmenf in the Meridian Floodway Overlay District will then apply. d Electronic Mag / Drawing Submittal • The Floodplain Development Permit Applicant shall provide electronic drawings showing newlymWMd floodplain and floodwav Drawings shall be submitted according to the City of Meridian AutoCAD Standards. 2 Construction Requirements for new construction and substantial improvements: FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 13 OF 19 0 a. Elevation Requirements: (1) The lowest finished floor area of any structure including mobile/manufactured homes shall be elevated to be no less than two feet (2') above the Base Flood Elevation. (2) The lowest floor of any structure shall be elevated to one foot (1') above Base Flood Elevation. (3) All manufactured homes shall be elevated on a permanent foundation and meet the same elevation requirements as other structures. b4-. Anchoring: All-new constructio b spaees, and substantial impfevements shall be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over the top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation In Flood Hazard Area" guidebook for additional techniques). c2. Construction Materials And Methods: lWa-. All new -construction , ineluding these tW have peffiens of the WiWing below -the BFE; shall be done-eens#uoed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also all joints, insulation or other materials that extend below the BFE. All new -construction shall use be eonst ieted us4Wmethods and practices that minimize flood damage. (3)e-. All building utility systems, including electrical, heating, ventilation, plumbing, air conditioning, ductwork and other service facilities shall be elevated at least 1 foot above the BFE.Above the BFEor- etherMse rreteeted so flood stage. (Ord. 0-2 991, 42 17 2002) 3. Utilities and Drainage: FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 14 OF 19 a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system_; b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters_; -aid c. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4.4. Development div}s' Proposals: a. All developmentsubdi-N� proposals shall be consistent with the need to minimize flood damage_ - b. All developments�� proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage,; c. All developmentsnbdivisim proposals shall have adequate drainage provided to reduce exposure to flood damage,;—ate 5. Storage Of Materials And Equipment: a. Materials that are buoyant, flammable, noxious, toxic or otherwise injurious to persons or property if transported by floodwaters are prohibited. Storage of materials and equipment not having these characteristics, including recreational vehicles, is permissible only if the materials and equipment have low damage potential and are anchored or are readily removable from the area within the time available after forecasting_ and warning. B. Standards for the Meridian Floodwav Overlay District: 1. Development is prohibited unless a No Rise Certification is provided by a Qualified Licensed Professional Engineer accompanied by analis supporting the determination that the floodwav development will not cause any increase to BFEs at any point. 2. In areas where the floodwav has not yet been mapped, the Floodplain Development Permit Applicant shall retain the services of a Qualified Licensed Professional Engineer FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 15 OF 19 0 to determine the location of the floodway. The No -Rise standard will apply to the newly mapped floodway_ C. Exemptions 1. Projects such as highway bridges that are built or improved using public funds and for the benefit of the general public may be exempt from the "no -rise" requirement of this section as42ftMprovided they meet the minimum requirements of 44 CFR, and sRgcifically section 60.3d3 for FEMA mapped floodways. Determination of exemption and what requirements apply shall be made by the floodplain administrator. qw- .. _ 5 Y. S Y Y. Y. 0 qw- Y Y. Y. 0 0 FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 16 OF 19 above base flood eleyWmL- FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 17 OF 19 a. . , , . .. NNW > > WTF FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 17 OF 19 • • FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 18 OF 19 a e FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 18 OF 19 SECTION 2: That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. SECTION 3: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in the full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on the Lith day of r 2008 its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this to' day of 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this 0 day of 2008. ATTEST: II JAYCE Y L. HOLMAN, CITY APPROVED: SEAL r r 7►n T 113 •, P• ���`� DE WEERD FLOOD DAMAGE PREVENTION AMENDMENT ORDINANCE - PAGE 19 OF 19 0 0 May 2, 2008 AZ 07-011 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT Pole Creek Properties, Inc. ITEM NO. ZO REQUEST Ordinance No, b$, 1351 — Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 zone for Belhaven Subdivision — 5230 North Black Cat Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT. ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 08- P. S 9 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land being a portion of the N %i of the SW 1/a of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 6.84 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of- way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. T4ts ,shall become effective on the S Today of 2008. City of Meridian 8E AL Mayor and City Council By: Jaycee Holman, City Clerk �'',�� r �� '���`+ First Reading: S lQ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: _ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 08- i_% I The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 08 -of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this Z, day day of , 2008. V`J l William. L.M. Nary City Attorney ORDINANCE SUMMARY — AZ -07-011 BELLHAVEN SUBDIVISION Page 1 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT AO t • BOISE IDAHO 05MO108 12:59 PM DEPUTY Danielle Boulette RECORDED -REQUEST Of III I 1911i 1:11 1111.111 IIIII II CITY OF MERDIAN 108057325 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, GORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 07-011 BELLHAVEN SUBDIVISION) FOR ANNEXATION OF A PARCEL OF LAND BEING A PORTION OF THE N % OF THE SW % OF SECTION 27 TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN,- ESTABLISHING ERIDIAN,ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R4 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Ryan Arnold and Don Roberts. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT (Ada County) to R-4 (Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION OF AZ -07-011 BELLHAVEN SUBDIVISION Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this L day of 2008. APPROVED BY TUE MAYOR OF THE CITY OF M'?RII)IAN, IDAHO, this day of / 92008. MAYO MY de WEERD ATTEST: JAYCEE HOLMAN, CITY ANNEXATION OF AZ -07-011 BELLHAVEN SUBDIVISION Page 2 of 3 • STATE OF IDAHO, ) ss. County of Ada ) On this day of rbe � , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand ,!id affixed my official seal the day and year first above written. ••r.*.....11�• (SEAL) •••4�q :IVA'�R-�,�'•• j�L13�+�C? TARY PUBLIC FOR IDAHO RESIDING AT: Lll MY COMMISSION EXPIRES: 10-11-11 ANNEXATION OF AZ -07-011 BELLHAVEN SUBDIVI I ; Page 3 of 3 -BELIUVEN .7$UBDM, SION LEGAL 7�A�" 6F T'O *N I/Z SW 1/4 .OF SECTION 27 NOM Al'i N. 7E ,S ID j BOI§91 MERIDIAN .'2006- 0 /1 "I"tm 4W lnaII7IDJLS 'Mau. In= 10 • PARCEL DESCRWTION December 15, 2006• PROJECT: Pole Creek Properties PARCEL NO.: Bellhaven Subdivision Boundary Legal A parcel of land being a pordon•of the N % of the SW '% of Section 27., Township 4 -North. " r W cst, i' - i _, c Meridian, City of Meridian;Ada County, Idaho, more particularly descn'bed as follows: COMAMCING at a found brass cap marking the southwest confer of said Section 27; Thence North 00°31'•13" East coincident with the west line of the said SW'/4 of Section 27, ,1 ^ ce of V15.16 15.16 Thence South 89006' 10" East, 25.00 feat to the POINT OF BEGINNING; Thet= North 00-31'13' East pandlel with the west line of the said SW '/4 of Section 27, a disc a oce of 255.39 feet; Thence South 89034'39" East, 266.73 feet to a found W" rebar/ao cep; Thence South 19°42'49" East, 111.64 feet to a found %'! rebar/no cap; Thence South 34019'34" Fest, 7958 feet to a found W" rebar/no c*; ThIcum south 50050'55" East, 89.16 feet to a found 1/2" rebar/no cap; Thence South 88°11'51" East, 8%.87 feed Thence So* 12044'38" East, 20631 feetto a found %" rebar/no capon the south lime of ti, c ; ' '/, of the S W A of Secdon27; Thence North 89°17'50" West coincident with the south line of the said N % of the S W'/4 r f t inn 27, a distance of 104796 feet; Thence North 00027'.47"•East,' 15535 feet; Thence North 44019'22" West, 4258 feet; •ThenceNorth 89°06'12" West, 28632 feet to 'he POINT OF BEGINNING. The parcel above described contains 6.84 acres more or less: Together with and subject to covenants, easements and restrictions of record. Bask ofbearinofor" parcel ISNorth 00°31'13"East between the found bras cap mar?;: jcsowlwestcomer of said Section 27, and the found 1/2" rebar ( omer record #99113295) rnwk-w6 ':,e wcs: S - ectioa 27, both in T. 4 N., R.1 W. AUG 2 3 2007 nERIDiAN F UBLIC WORKS C,;=PT• P:1P610 Geek PwpWmwlas9WMVVYVAVM0 Lewd DSSlap 12"06 'cense No. 5461 May 2, 2008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT ITEM NO. 21 REQUEST Ordinance No. C��i-i3� Repeal Precious Metals Ordinance AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT. MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached 0 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 08- f2U C PROVIDING FOR REPEAL OF MERIDIAN CITY PRECIOUS METAL DEALERS LICENSE An Ordinance of the City of Meridian repealing Title 3, Chapter 9, of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian" s ordinance shall become effective upon passage and publication. City of N#fidian _ SINAL Mayor and City Council = By: Jaycee Holman, City Clerk9t`\ t1ri •. First Reading: rJ - LO -08' /���''�.. �����w• Adopted after first reading by suspension�e as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 08- 13100 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 08- 13LLd of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this % Z day of April, 2008. C'W L. . j William. L.M. Nary City Attorney PRECIOUS METAL DEALERS LICENSE REPEAL ORDINANCE - Page 2 of 2 Is CITY OF MERIDIAN ORDINANCE NO. Ot' 1300 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING TITLE 3, CHAPTER 9, OF THE MERIDIAN CITY CODE REGARDING PRECIOUS METAL DEALERS LICENSE; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the concerns previously addressed by the institution of the precious metal dealers license, including tracking of stolen property and deterrence of theft and fraud, are now addressed by other regulatory and licensing codes, including Tide 3, Chapter 5, of the Meridian City Code, requiring licensing of pawnbrokers; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 3, Chapter 9, of the Meridian City Code is hereby repealed. Section 2. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on April 30, 2008. PASSED by the City Council of the City of Meridian, Idaho, this _&_�day of 2008. Zf T"` APPROVED by the Mayor of the City of Meridian. Idaho, this day of 2008. APPROVED: ATTEST: 0 CITY PRECIOUS METAL DEALERS SEAL �Y ICEN�'!t'�AL ORDINANCE - Page 1 of 2 May 2, 2008 MERIDIAN CITY COUNCIL MEETING May 6, 2008 APPLICANT ITEM NO. 22 REQUEST Executive Session per Idaho State Code 67-2345(1)(b)&(f) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian.