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2009-01-06
C. E IDIAN --, s 0 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, January 6, 2009 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 Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Steve Moore with Ten Mile Christian Church: 4. Adoption of the Agenda: 5. Proclamation for Crime Stoppers Month: 6. Consent Agenda: A. Approve Minutes of November 25, 2008 City Council Meeting: B. Approve Minutes of December 2, 2008 City Council Meeting: C. Approve Minutes of December 16, 2008 City Council Special Workshop Meeting: D. Approve Minutes of December 23, 2008 City Council Special Meeting: E. Professional Services Aareement with Bethanv Gadzinski for Drun Free Communities Evaluation Services: Meridian City Council Meeting Agenda — January 6, 2009 Page 1 of 4 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. 7. 1.3 F. G. Resolution No. Policy. 0 Room Reservation Approve Pawnbroker License Renewal for Meridian Coin & Pawn located at 1550 North Main Street: H. Approval of Bid for Water and Sewer Improvements in Conjunction with ACHD Ustick / Linder Intersection for $11,032.00: I. Development Agreement: AZ 08-004 Request for Annexation and Zoning of 318.74 acres from RUT to R-4 (69.72 acres), R-8 (192.20 acres) and R-15 (56.82 acres) for Oakcreek by Norpac, LLC — east of North McDermott Road, west of North Black . Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast comers of West McMillan Road and North McDermott; and near the southwest comer of West McMillan Road and North Black Cat Road: J. Award of Bid and Contract for FY 2009 Sewer Manhole Retrofits Bid Results and Award for a Not to Exceed Amount of $50,935.00: K. Task Order No. 0795 with Pharmer Engineering, Inc. for Wastewater Capacity Situational Analysis for $10,000.00: L. Task Order No. 8 with CH2M HILL for Sidestream Nitrogen Removal Study for $48,000.00: M. Change Order No. 1 with The Ewina Company for Biosolids Improvement Project for $233,081.98: N. Award of Bid and Contract for 8th Street Park Pedestrian Pathway and Box Culvert with H2 Excavation for $64,166.92: Department Reports: A. Planning Department: 1. Update on ACHD Five Year Work Plan: Items Moved from Consent Agenda: 9. Public Hearing: Gallery Maintenance Fee: Meridian City Council Meeting Agenda —January 6, 2009 Page 2 of 4 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 • 10. Resolution No. : Gallery Maintenance Fee: 11. FP 08-019 Request for Final Plat approval for 5 commercial building lots and 5 common area lots on 6.35 acres in a C -C zoning district for Three Corners Subdivision No. 2 by David J. and Luane I. Dean — 6380 North Locust Grove Road: 12. Public Hearing: RZ 08-007 Request for Rezone of 5.91 acres from R-8 to R-15 zone for Windham Place by Eagle Spring Investments, LLC — east side of North Meridian Road, approximately Y2 mile of East Ustick Road: 13. MFP 08-007: Request for Final Plat Modification to modify note #4 by removing the zero lot line and modifying note #10 by removing the requirement for attached houses from the recorded plat for Windham Place by Eagle Spring Investments, LLC — east side of North Meridian Road, approximately %2 mile of East Ustick Road: 14. Public Hearing: VAC 08-006 Request for a Vacation of the public utility easement platted on Lots 7-8, Block 3 of Gardner -Ahlquist Gateway Subdivision No. 2 by Horrocks Engineering — east side of Eagle Road, approximately'/ mile south of Franklin Road: 15. Public Hearing: AZ 08-012 Request for Annexation and Zoning of 5.03 acres of land from RUT in Ada County to an R-4 zone for Shays Cove by Landmark Engineering & Planning, Inc. — 3155 South Mesa Way: 16. Public Hearing: PP 08-009 Request for Preliminary Plat approval of 8 single-family residential building lots and 3 common lots on 4.45 acres in a proposed R-4 zoning district for Shays Cove by Landmark Engineering & Planning, Inc. — 3155 South Mesa Way: 17. Public Hearing: RZ 08-008 Request for Rezone of 12.76 acres from TN- R to TN -C for Beacon at Southridge by Eastern Washington — Idaho Synod of the ELCA — south of Overland Road, approximately 800 feet west of Linder Road: 18. Public Hearing: AP 08-007 Request for City Council Review of the Planning and Zoning Commission's action regarding the conditions of approval for Fairview Lakes Retail (MCU 08-002) by Doug Tamura — 950 East Fairview Avenue: Meridian City Council Meeting Agenda — January 6, 2009 Page 3 of 4 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 • 19. Public Hearing: CPA 08-011 Request to amend the Comprehensive Plan by adding the Design Manual as an addendum for Design Review by Meridian Planning Department: 20. Public Hearing: ZOA 08-002 Request to amend and add to the current provisions of the Unified Development Code (Title 11 of Meridian City Code) relating to adoption of a new administrative design review process and associated implementation procedures for Design Review by Meridian Planning Department: 21. Ordinance No. AZ 08-004 Request for Annexation and Zoning of 318.74 acres from RUT to R-4 (69.72 acres), R- 8 (192.20 acres) and R-15 (56.82 acres) for Oakcreek by Norpac, LLC — east of North McDermott Road, west of North Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast comers of West McMillan Road and North McDermott; and near the southwest comer of West McMillan Road and North Black Cat Road: Meridian City Council Meeting Agenda — January 6, 2009 Page 4 of 4 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. CNM-EP,IDIAN*,,_-, � A CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, January 6, 2009 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 Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Steve Moore with Ten Mile Christian Church: 4. Adoption of the Agenda: 5. Proclamation for Crime Stoppers Month: 6. Consent Agenda: A. Approve Minutes of November 25, 2008 City Council Meeting: B. Approve Minutes of December 2, 2008 City Council Meeting: C. Approve Minutes of December 16, 2008 City Council Special Workshop Meeting: D. Approve Minutes of December 23, 2008 City Council Special Meeting: E. Professional Services Aareement with Bethanv Gadzinski for Drun Free Communities Evaluation Services: Meridian City Council Meeting Agenda — January 6, 2009 Page 1 of 4 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. 7. 8. F. G. Resolution No. Policy: Room Reservation Approve Pawnbroker License Renewal for Meridian Coin & Pawn located at 1550 North Main Street: H. Approval of Bid for Water and Sewer Improvements in Conjunction with ACHD Ustick / Linder Intersection for $11,032.00: I. Development Agreement: AZ 08-004 Request for Annexation and Zoning of 318.74 acres from RUT to R-4 (69.72 acres), R-8 (192.20 acres) and R-15 (56.82 acres) for Oakcreek by Norpac, LLC — east of North McDermott Road, west of North Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast comers of West McMillan Road and North McDermott; and near the southwest comer of West McMillan Road and North Black Cat Road: J. Award of Bid and Contract for FY 2009 Sewer Manhole Retrofits Bid Results and Award for a Not to Exceed Amount of $50,935.00: K. Task Order No. 0795 with Pharmer Engineering, Inc. for Wastewater Capacity Situational Analysis for $10,000.00: L. Task Order No. 8 with CH2M HILL for Sidestream Nitrogen Removal Study for $48,000.00: M. Change Order No. 1 with The Ewing Company for Biosol Improvement Project for $233,081.98: N. Award of Bid and Contract for 8th Street Park Pedestrian Pathway and Box Culvert with H2 Excavation for $64,166.92: Department Reports: A. Planning Department: 1. Update on ACHD Five Year Work Plan: Items Moved from Consent Agenda: 9. Public Hearing: Gallery Maintenance Fee: Meridian City Council Meeting Agenda — January 6, 2009 Page 2 of 4 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. • 10. Resolution No. : Gallery Maintenance Fee: 11. FP 08-019 Request for Final Plat approval for 5 commercial building lots and 5 common area lots on 6.35 acres in a C -C zoning district for Three Corners Subdivision No. 2 by David J. and Luane I. Dean — 6380 North Locust Grove Road: 12. Public Hearing: RZ 08-007 Request for Rezone of 5.91 acres from R-8 to R-15 zone for Windham Place by Eagle Spring Investments, LLC — east side of North Meridian Road, approximately %2 mile of East Ustick Road: 13. MFP 08-007: Request for Final Plat Modification to modify note #4 by removing the zero lot line and modifying note #10 by removing the requirement for attached houses from the recorded plat for Windham Place by Eagle Spring Investments, LLC — east side of North Meridian Road, approximately Y2 mile of East Ustick Road: 14. Public Hearing: VAC 08-006 Request for a Vacation of the public utility easement platted on Lots 7-8, Block 3 of Gardner -Ahlquist Gateway Subdivision No. 2 by Horrocks Engineering — east side of Eagle Road, approximately'/ mile south of Franklin Road: 15. Public Hearing: AZ 08-012 Request for Annexation and Zoning of 5.03 acres of land from RUT in Ada County to an R-4 zone for Shays Cove by Landmark Engineering & Planning, Inc. — 3155 South Mesa Way: 16. Public Hearing: PP 08-009 Request for Preliminary Plat approval of 8 single-family residential building lots and 3 common lots on 4.45 acres in a proposed R-4 zoning district for Shays Cove by Landmark Engineering & Planning, Inc. — 3155 South Mesa Way: 17. Public Hearing: RZ 08-008 Request for Rezone of 12.76 acres from TN- R to TN -C for Beacon at Southridge by Eastern Washington — [Idaho Synod of the ELCA — south of Overland Road, approximately 800 feet west of Linder Road: 18. Public Hearing: AP 08-007 Request for City Council Review of the Planning and Zoning Commission's action regarding the conditions of approval for Fairview Lakes Retail (MCU 08-002) by Doug Tamura — 950 East Fairview Avenue: Meridian City Council Meeting Agenda — January 6, 2009 Page 3 of 4 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. 19. Public Hearing: CPA 08-011 Request to amend the Comprehensive Plan by adding the Design Manual as an addendum for Design Review by Meridian Planning Department: 20. Public Hearing: ZOA 08-002 Request to amend and add to the current provisions of the Unified Development Code (Title 11 of Meridian City Code) relating to adoption of a new administrative design review process and associated implementation procedures for Design Review by Meridian Planning Department: 21. Ordinance No. AZ 08-004 Request for Annexation and Zoning of 318.74 acres from RUT to R-4 (69.72 acres), R- 8 (192.20 acres) and R-15 (56.82 acres) for Oakcreek by Norpac, LLC — east of North McDermott Road, west of North Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast comers of West McMillan Road and North McDermott; and near the southwest comer of West McMillan Road and North Black Cat Road: Meridian City Council Meeting Agenda — January 6, 2009 Page 4 of 4 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. Meridian City Council Meeting January 6, 2009. A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, January 6, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Brad Hoaglun, and David Zaremba. Members Absent: Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Pete Friedman, Bill Johnson, Scott Coliainna, Steve Siddoway, Sonya Watters, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I'll go ahead and start tonight's meeting. I'd like to begin by welcoming all of you that are here to join us on this -- I don't know if it's icy out there. I haven't been out of my office for -- since lunch, but you we appreciate that you joined us tonight. We will start tonight's meeting with a roll attendance. For the record, it is Tuesday, January 6. It's five minutes after 7:00. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item 2 is our Pledge of Allegiance and tonight we are very honored to have Troop 80 here from west Boise. Their scoutmaster is Mike Sant and Andrew Goodell, who is the senior patrol leader, will come forward and lead us in the Pledge of Allegiance. If you will all rise. (Pledge of Allegiance recited.) De Weerd: Thank you, Andrew. I hope that you get extra credit for that on your citizenship badge. And also communication, because you led us. So, you should get extra stars or whatever you get. So, thank you. Item 3: Community Invocation by Steve Moore with Ten Mile Christian Church: De Weerd: Item No. 3 is our community invocation. Tonight we will be lead by Pastor Steve Moore. He is with the Ten Mile Christian Church. If you will all join us in the community invocation or take this opportunity for a moment of reflection. Pastor. Meridian City Council January 6, 2009 Page 2 of 59 Moore: Our Father, God in Heaven, we are grateful that you are present in our world to direct us and tonight I pray for wisdom for this Council and our Mayor in the decisions they make that will impact lives in our community. We thank you for what they give on a regular basis as servants. I pray for their wisdom and direction in these times and economic challenges and other fall out that we are all thinking about these days. It's good to know that you are -- you are present, as I say, to lead in these times. I praise you, God, for the actions of this Council in the past, that they have made a priority of the youth of our community and the quality of our life, and they have a proven record in that regard. Bless their lives for those decisions and those priorities. I pray for your protection for the servants in this community, our police force and our fire departments in particular as they put their lives on the line. I pray that you would bless them and their families for such decisions of career. God, protect us from drug pushers and that element in our community. I'm grateful, again, that this is a priority of these in our community to make this a safer and a better place to live. I pray that you would help us, as individuals, and direct us to use our lives in the stewardship that you give to us as citizens and as human beings. In the name of Jesus I pray, amen. De Weerd: Thank you, Pastor Moore. Happy New Year. Moore: Thank you. Item 4: Adoption of the Agenda: De Weerd: Item No. 4 is the adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the agenda, under the Consent Agenda, Item 6-I, there has been a request to have some discussion on that, so we will remove it from the Consent Agenda and make it Item 8-1. Item F, the resolution number is 09-642. That's on the Consent Agenda. On the regular agenda, Item 10, the resolution number is 09-643. And Item 21, the ordinance number is 09-1393. And with that I move that we adopt the agenda as amended. Hoaglun: Second. De Weerd: Okay. I have a motion and a second. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Proclamation for Crime Stoppers Month: Meridian City Council January 6, 2009 Page 3 of 59 De Weerd: Item No. 5 we have a proclamation for Crime Stoppers month and I will maybe join Jan down here at the podium. Technology is so cool. We are privileged to have the leader of Crime Stoppers with us tonight. They have been very active in our community. Certainly assisting our law enforcement, but they have also been very active in our anti-drug coalition, which has been greatly appreciated. Let me read this proclamation. Whereas the vitality of our community depends on the safety of our homes, neighborhoods, schools, and work places. And whereas crime prevention must be a collaborative effort between law enforcement and the community and include the security, safety, and self protection. And whereas Crime Stoppers benefits the citizens and business community in and around Meridian by partnering with the city and surrounding law enforcement agencies. And whereas the effort of Crime Stoppers deserves our praise, commendations -- I almost said condemnation -- and support . And whereas this nonprofit volunteer based organization has been responsible for the solving of 1,243 unsolved crimes in the Treasure Valley and 3,122,733 dollars of recovered property since its inception in 1981. Therefore, I, Tammy De Weerd, Mayor of the City of Meridian, do hereby proclaim that January 2009 is Crime Stopper's month in the City of Meridian and encourage all citizens to be aware of the integral part Crime Stoppers here is making in Meridian a safer, stronger, and caring community. We appreciate your involvement and the impact -- the positive impact you have in our community. Thank you. Would you like to say anything? Van Houten: Appreciate everyone's support and the program continues to grow and we work with everybody as much as we possibly can. We have many many rewards coming up and that is because of the citizens taking an active part in the community. It helps us do our job as well. Thank you. De Weerd: I would say that Crime Stoppers has really worked to interact with our youth as well. They have programs in our high schools to encourage the reporting of crime and with that anonymous safety factor, it's been very successful. So, we appreciate all you do and thank you for being here tonight. Van Houten: Thank you. We have some exciting things coming in '09. De Weerd: Good deal. Van Houten: Thank you. Item 6: Consent Agenda: A. Approve Minutes of November 25, 2008 City Council Meeting: B. Approve Minutes of. December 2, 2008 City Council Meeting: C. Approve Minutes of December 16, 2008 City Council Special Workshop Meeting: Meridian City Council January 6, 2009 Page 4 of 59 D. Approve Minutes of December 23, 2008 City Council Special Meeting: E. Professional Services Agreement with Bethany Gadzinski for Drug Free Communities Evaluation Services: F. Resolution No. Room Reservation Policy: G. Approve Pawnbroker License Renewal for Meridian Coin & Pawn located at 1550 North Main Street: H. Approval of Bid for Water and Sewer Improvements in Conjunction with ACHD Ustick / Linder Intersection for $11,032.00: J. Award of Bid and Contract for FY 2009 Sewer Manhole Retrofits Bid Results and Award for a Not to Exceed Amount of $50,935.00: K. Task Order No. 0795 with Pharmer Engineerin4, Unc. for Wastewater Capacity Situational Analysis for $10,000.00: L. Task Order No. 8 with CH2M HILL for Sidestream Nitrogen Removal Study for $48,000.00: M. Change Order No. 1 with The Ewing Company for Biosolids Improvement Project for $233,081.98: N. Award of Bid and Contract for 8t" Street Park Pedestrian Pathway and Box Culvert with H2 Excavation for $64,166.92: De Weerd: Thank you. Okay. Council, No. 6 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As previously noted, Item F, the resolution number is 09-642. And Item I has been removed from the Consent Agenda. With that I move that we approve the Consent Agenda as amended and for the Mayor to sign and the Clerk to attest. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as amended. If there is no discussion, Madam Clerk, will you call roll. Meridian City Council January 6, 2009 Page 5 of 59 Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Department Reports: A. Planning Department: 1. Update on ACHD Five Year Work Plan: De Weerd: Okay. Item 7, under Department Reports, we have our Planning Department. I will turn this over to Caleb. Hood: Thank you, Madam Mayor, Members of the Council. I'll try to be brief. The -- the report that I want to give you is actually associated with an item in your packet you should have received from myself, dated December 30th. When this item was put as a department report last week, I was hoping to get some guidance from the Council on comments back to ACHD staff and their Draft A of their five year work plan. It has since come to my attention that they were in need of those comments ASAP, because they are working on Draft B. So, I have taken it upon myself to already send them our initial comments on Draft A., Which is, essentially, the ones that are listed in this memo. Some of them we have talked about before. These are the ones that staff has identified as projects that are of high priority and should be moved up or at least kept on schedule in the five year plan and in one instance one that we didn't have as a priority. So, that one, at least at the staff level, and I think we got some bye in from the Council last month to move a project out of the five year and allocate some of those funds that would be spent towards that on other projects that are of a priority. So, the memo calls out three projects, Eagle, Victory to Ridenbaugh, as moving up. We are and I am in contact with ACHD staff on using potentially some of their anticipated vehicle registration fees towards the accelerated construction of that project and I will continue to work on them about doing that. Ten Mile, Cherry to Ustick, of course, with the interchange hopefully coming very soon that's a very important component of that entire area, as once the interchange comes in the associated arterials also need to be in place. So, working to make sure that that stays on schedule, too. That leg is a separate project. What's staying on tract -- and this is also in the memo -- is Ten Mile from the Interstate to Cherry is currently on track. So, they are still -- have committed to having that open by the time the interchange -- the one that's in the memo is that next mile leg, then, further to the north, Cherry to Ustick. So, that one is slipping somewhat in Draft A. The other one that we thought was important to move up in priority is split corridor phase two. They, in Draft A, do not have any funds allocated to any aspect of that roadway project and that was the city's number three roadway priority. So, it's up there in the top couple of our roadway priorities. So, we are working with them to allocate and that may come from some of the monies from Ten Mile - Amity, which is Meridian City Council January 6, 2009 Page 6 of 59 the fourth item mentioned specifically in the memo, taking some of those funds to spend on phase two of the downtown split corridor. I also bring these up and kind just a plug for next Monday's joint meeting with ACHD will have an agenda item on there that is the five year work plan. I don't think their staff is ready to go and, in fact, I haven't seen Draft B, it's still in a working format, but I know there is some form of a draft of B, but they haven't released that yet. But these are some of the items that we believe would do the city well to bring up at that joint meeting and we will have their staff there as well and if they can get some of that direction from their commission and our Council on realizing some of our higher priority projects, again, I think that would be of benefit to the citizens of Meridian. So, I -- I won't read the memo. I think I have highlighted the four items that I thought were -- that stood out the most. I guess the other thing that I would call your attention to is on the last sheet. It's kind of just a cheat sheet, basically, of where each project is at and I think that is very helpful. It takes, basically, a 60 or 70 page five year work plan and condenses into one page cheat sheet that is Meridian related. So, it certainly doesn't have all the information that the five year plan does, but it quickly lets you know where a project is, what the cost is, and timelines for construction. So, again, that's kind of my report and unless you have any questions, that's just what I wanted to report back to you. Oh. Sorry. One more thing. I will most likely be coming back to you, depending on what comes out of Draft B for some further guidance on any comments back on Draft B., So maybe even to step back for a minute. You have got Draft A of the five year, Draft B of the five year, and, then, they adopt the five year, which the way I understand it is, essentially, going to be Draft B with some minor tweaks. So, if in Draft B it doesn't do everything we need it to do, there may be a last minute tweak we are asking for at that time. So, I may, on the 20th at your workshop, I think that timing is going to be right in that window of final tweaks to that Draft B. So, I will report back. And, hopefully, it won't take too much time and, hopefully, they have taken our comments already and have incorporated them, but there is some time still to work with them on prioritization. So, with that I will stand for any questions. De Weerd: Thank you, Caleb. Council, any questions? None? We appreciate your memo and keeping us abreast as to what's going on with our five year transportation projects. The projects that we have on there are very critical to our community, so we appreciate you being our watch dog on this and bull dog in some cases. So, thank you. Item 8: Items Moved from Consent Agenda: I. Development Agreement: AZ 08-004 Request for Annexation and Zoning of 318.74 acres from RUT to R-4 (69.72 acres), R-8 (192.20 acres) and R-15 (56.82 acres) for Oakcreek by Norpac, LLC — east of North McDermott Road, west of North Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast comers of West McMillan Road and North McDermott; and near the southwest comer of West McMillan Road and North Black Cat Road: Meridian City Council January 6, 2009 Page 7 of 59 De Weerd: Okay. Council, there were no items moved from the Consent Agenda, so we have -- Zaremba: Madam Mayor, Item I. De Weerd: I thought you removed it. You moved it. Okay. Item I, we will -- who is doing that? No one told me about this one, so -- Nary: Madam Mayor, Members of the Council, this one came up just late this evening and I was able to just tell Council Member Zaremba before we started. This is the Oakcreek development agreement. I did have a conversation with their counsel prior to the meeting tonight. She had just gotten back to the office, had seen the last draft that we had forward to them. There is an Attachment D that is drawing of some roadways within the development and what the Attachment D was -- their concern was is the Attachment D was one of a number drawings that were presented to the Council in the concept of what Oakcreek would eventually build out to be. I -- Deb Nelson, the counsel for the Oakcreek developer, was concerned that the Council may be under the impression that that is a fixed drawing and those streets may or may not move. I spoke with Mrs. Canning, the planning director, about that concern and she said what she anticipated was that if those streets were moved slightly, obviously, it's not a significant issue to the city. Sometimes if they move greatly it may change the zoning, because the zoning parcels are defined partly by that map. If that's the case, we have had other projects, like the Tree Farm, where they have had to come in and get a rezone, because they have split a parcel by moving a road one way or another and Mrs. Nelson was not concerned about that, she just wanted to make sure the Council is aware at approval -- they could go forward, but, obviously, there is some flexibility to those roadways and she just wanted to make sure we put that on the record for the Council before they approved it. They had no concern about pulling it off or bringing a different map or anything, she just wanted you folks to be aware of that concern that she hadn't had a chance to look at before today. So, I told her I would ask to pull it off for that purpose and I just simply make you aware of that. It is ready to go forward. It can be approved as it's presented to you. And the ordinance for the annexation of Oakcreek is later on your agenda. De Weerd: Okay. Thank you. Counsel, any questions? Okay. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 08-004, annexation and zoning of 318.74 acres known as Oakcreek by Norpac, LLC. Zaremba: Second. Meridian City Council January 6, 2009 Page 8 of 59 De Weerd: Okay. I have a motion and a second. Any discussion? Seeing none, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Public Hearing: Gallery Maintenance Fee: Item 10: Resolution No. Gallery Maintenance Fee: De Weerd: Okay. Item 9 is a public hearing on the gallery maintenance fee. Mr. Nary, are you doing this one? Nary: Madam Mayor, I can. What this is is this is a fee that was recommended by the Arts Commission to the city. This is -- this is -- although it's called the gallery maintenance fee, because that's where the money is intended to support, the Initial Point Gallery that's locate in this building, it is part of the application for a call for artists. So, when an artist were to apply for this for being able to be shown at one of the art shows in the gallery, this is part of the fee that would be a cost for them to apply to participate in those shows. The maintenance fee was comprised -- was helped -- was formulated by the Finance Department in trying to capture some of the costs of both the floor space, the lighting, the materials that are used in that gallery for both security, as well as for maintenance of that, and that's where that fee came from. So, it was a recommendation by the Arts Commission to the Council and that's why we have it noticed up for a public hearing here tonight. If you have any other questions, I hope I can answer them. De Weerd: Council, any questions for Bill at this point? Okay. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. I do know that the Arts Commission is ready to put a call out to artists and so the next item would be to take action on a resolution. Is there any questions at this point? Okay. I would entertain a motion to close the public hearing. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we close the public hearing on the gallery maintenance fee. Zaremba: Second. De Weerd: Okay. I have a motion and a second to close the public hearing on Item 9. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council January 6, 2009 Page 9 of 59 De Weerd: Item 10 is Resolution No. 09-643 for the gallery maintenance fee. Hoaglun: Madam Mayor? De Weerd: Yes, Mr. Hoaglun. Hoaglun: I move that we adopt Resolution No. 09-643 for gallery maintenance fee and that the Mayor be authorized to sign and the Clerk to attest. Zaremba: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Roll call, please. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: FP 08-019 Request for Final Plat approval for 5 commercial building lots and 5 common area lots on 6.35 acres in a C -C zoning district for Three Corners Subdivision No. 2 by David J. and Luane I. Dean — 6380 North Locust Grove Road: De Weerd: Okay. We do have Item 12 -- or Item 11 is FP 08-019, the final plat approval, and I will turn this over to Pete. Friedman: Thank you, Madam Mayor, Council Members. This request for final plat approval will be presented by Mrs. Watters. Watters: Thank you, Madam Mayor, Members of the Council. The application before you is a final plat for five commercial building lots and five common lots on 6.35 acres of land in a C -C zoning district. It's the second phase for Three Comers Subdivision. The property is located at 6380 North Locust Grove Road, on the southeast comer of Chinden and Locust Grove. Staff has reviewed the final plat and deems it to substantially comply with the approved preliminary plat. The applicant has submitted a response in agreement with the staff report, but clarifying condition number nine, which requires Lot 1, Block 3, and Lot 1, Block 4, to be revised to reflect a nine foot wide landscape area measured inside curbs. The applicant states that the construction plans comply with this requirement. However, the plat does not, because half a foot of the landscaping on each side of the median will be located within the right of way with a license agreement, which will allow the property pins to be set, rather than drilled into the curb. Staff recommends approval of the final plat per the conditions in the staff report. In addition, staff recommends the second sentence in condition number nine be Meridian City Council January 6, 2009 Page 10 of 59 deleted and that the plat not be required to be revised as requested by the applicant. Staff will stand for any questions the Council may have at this time. De Weerd: Thank you. Council, any questions? Okay. Thank you. Do I have a motion from Council? Zaremba: Do we need public testimony? De Weerd: No. Bird: This isn't a public hearing. De Weerd: This is a final plat. Zaremba: Oh, I'm sorry. In that case, Madam Mayor? De Weerd: Yes. Zaremba: I move we approve FP 08-019 to include staff comments, specifically deleting the second sentence -- I'm song. The second sentence of condition nine should be changed to read -- I'm sorry, it is deleted. De Weerd: Okay. Do I have a second? Bird: Second. De Weerd: Okay. I think we all understand that motion. Any discussion? Okay. Hearing none, Madam Clerk. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Public Hearing: RZ 08-007 Request for Rezone of 5.91 acres from R-8 to R-15 zone for Windham Place by Eagle Spring Investments, LLC — east side of North Meridian Road, approximately Y2 mile of East Ustick Road: Item 13: MFP 08-007: Request for Final Plat Modification to modify note #4 by removing the zero lot line and modifying note #10 by removing the requirement for attached houses from the recorded plat for Windham Place by Eagle Spring Investments, LLC — east side of North Meridian Road, approximately Y2 mile of East Ustick Road: Meridian City Council January 6, 2009 Page 11 of 59 De Weerd: I will open the public hearing on Items 12 and 13 for RZ 08-007 and MSP 08-007. 1 will open this public hearing with staff comments. Friedman: Thank you, Madam Mayor, Members of the Council. This is an application for a rezone and final plat modification for an approved plat known as Windham Place. It's located on the east side of Meridian Road, approximately one half mile south of Ustick Road. And just as a little bit of history, this plat was approved with 23 lots. The intent was to have 22 attached single family dwelling units and one detached dwelling unit. That plat was approved in March 2006. Since that time the developer has found that with shifts in the market and so forth, that it was more advantageous to revise the plans to develop single family detached houses and, thus, the request for the rezone. The current rezoning of R-8 doesn't allow them to get the size house on the size lot that they need. So, in essence, the density on the project will remain the same. There is no increase on the number of lots. It's just the lot width would be reduced to accommodate a narrower house. The highlights of the proposed development is that the proposal is to rezone approximately five acres from the R-8 medium density zoning district to the R-15 medium high density zoning district and, concurrently, the application has submitted a final plat modification striking the note that removes any reference to zero lot lanes and modifying note ten removing a requirement for solely attached houses for the site. In addition, the development agreement was not required when the original development was approved. Staff recommended and the Commission concurred that one should be required and the proposed requirements are identified below, which I'll get to in a moment. The applicant has submitted elevations for the houses that would be going on lots should Council approval this application. At the public hearing, the only person speaking in favor was the applicant's representative, Peter Hams. There was no one speaking in opposition and no one just commenting. The only written testimony we received was a written response of the applicant to our staff report. Actually, the only key items of discussion for the Commission was just trying to get to an understanding of the difference of the dimensional standards of the R-8 zoning district regarding single family detached and single family attached homes. The Commission reviewed the staff report and testimony and did vote to recommend approval. The only real change to our recommendation is that they wanted us to initiate a change on DA provision number four that originally had limited access to Meridian Road, to strike that because there was one lot on the plat that does take access to Meridian Road and that was, essentially, one of the parent parcels that was approved with the application. All other lots take access from the side streets from Woodbury. So, as I said, Council held the public -- or Commission held a public hearing on December 4, 2008, and after taking public testimony did vote to recommend approval to you and they did recommend that a development agreement be prepared and adopted and that would be subject to three conditions. One, that the future homes shall generally be consistent in appearance with the elevations that were shown on Exhibit A, but the applicant shall construct homes on the site that contain the following design features: Varying pitch roof design, including gable and hip roof line -- roof lines facing the street. Shutters around the window on the front facades. Substantial pillars with substantial bases and front facades accented with brick, stone, and any other type of masonry. A garage door with a glazing element and covered porch areas. Building materials should be of a quality, including, but not limited Meridian City Council January 6, 2009 Page 12 of 59 to, wood siding, hardy plank siding or stucco, and incorporating varying siding materials, wide planks, narrow planks, board and batten, cedar shingles in a minimum of two field colors and one trim color. So, what we are after looking at here is you're going to have a series of smaller homes, but adding some quality to them in varied newer color and textures and architectural features. And second condition for the development agreement would be any future subdivision uses or construction on the property comply with our zoning ordinances in effect at the time the application was submitted. And, finally, that the subject site shall be developed with single family homes. We are not trying to make the distinction between single family attached and detached, but you could do single family attached or detached, provided that each home comply with the R-15 building setback regulations and not encroach into any easements. So, with that I would be happy to answer any questions or wait until you have heard from the applicant. De Weerd: Thank you. Council, any questions for staff at this time? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I got lost in the discussion of provision four from the development agreement. Is the end result that Lot 1, Block 1, which was the only lot with access to Meridian is giving that up or -- Friedman: It is maintaining that and we are removing that from the development. We had proposed that and we are removing that from the development agreement to make it clear that they may maintain their access to Meridian Road. Zaremba: For that one lot only? Friedman: For that one only. That's correct. Zaremba: Thank you. De Weerd: Okay. Anything further? Okay. Is the applicant here this evening? Happy New Year. Harris: Good evening. Madam Mayor, Members of the Council. My name is Peter Harris. I'm at -- reside at 6951 Duncan Lane in Boise. I want to compliment you on your nice beautiful building. This is my first time here. Very nice. We are in agreement with the staff recommendations on this. We look at this as a relatively simple request and I don't have much to add to this, other than the fact that, you know, we -- we built some homes in there already and intend to build the rest of the homes and develop the property. The development is incomplete. Landscaping is in. Walking paths are in. Meridian City Council January 6, 2009 Page 13 of 59 Fire hydrants. Pressurized irrigation. Everything else. We marketed attached products out there for six to eight months and most of the comments from perspective buyers were we are looking for detached products and this was one way that we could provide it. So, after working with staff we came up with this proposal to do this and this is what we are looking at getting approved tonight. With that I will answer any questions you may have and go from there. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none. De Weerd: Okay. Thank you, sir. Hams: Thank you very much. De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony on either of these items? Okay. Seeing none, Council, any further information from staff or the applicant? If not, I would entertain a motion to close. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we close the public hearing RZ 08-007 and MFP 08-007. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 12 and 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 12. Any discussion on this item? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no discussion, I'd move that we approve RZ 08-007 and to include all staff, applicant, and public testimony. Hoaglun: Second. De Weerd: Okay. I have a motion and a second on Item 12 to approve. Any discussion? Okay. Madam Clerk. Meridian City Council January 6, 2009 Page 14 of 59 Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carred. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 13. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MFP 08-007 and include staff, applicant, and public testimony. Hoaglun: Second. De Weerd: Okay. Motion and a second to approve Item 13. Hearing no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: Thank you. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Public Hearing: VAC 08-006 Request for a Vacation of the public utility easement platted on Lots 7-8, Block 3 of Gardner -Ahlquist Gateway Subdivision No. 2 by Horrocks Engineering — east side of Eagle Road, approximately'/ mile south of Franklin Road: De Weerd: Item 14 is a public hearing on VAC 08-006. 1 will open this public hearing with staff comments. Friedman: Thank you, Madam Mayor, Members of the Council. This is an application for a vacation of a utility easement for the Gardner -Ahlquist Gateway Subdivision No. 2. It's located at the southeast comer of Eagle Road and Franklin Road. The applicant, through their engineer, Horrocks Engineers, has requested approval to vacate a ten foot wide public utility easement located along the southern boundary of Lots 7 and 8 in Block 3 of the Gardner -Ahlquist Gateway Subdivision No. 2. The reason for the proposed vacation is to accommodate an expansion of building a to house medical equipment on the south side of the buildings that are currently under construction. The applicant states there is no infrastructure located within the designated easements and additional public utilities are provided elsewhere on the site and can be provided to those buildings on the other easements that are designated within the recorded subdivision. The applicant has provided proof of relinquishment of the easements by Idaho Power, Intermountain Gas, Qwest, Cable One, and Nampa -Meridian Irrgation Meridian City Council January 6, 2009 Page 15 of 59 District and staff does not see any outstanding issues in this for the Council and has recommended approval of the vacation. De Weerd: Thank you. Council, any questions? Okay. Is the applicant here? And if you will just state your name and address for the record. Oaks: Okay. My name is Kami Oaks with Horrocks Engineers, 5700 East Franklin Road in Nampa. De Weerd: Thank you. Oaks: And I just wanted to say that I agree with the information provided in the staff report and by the recommendation made by staff at this time respectfully request approval. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none, Mayor. Hoaglun: None. De Weerd: Okay. Thank you very much. Okay. This is a public hearing on Item 14. Is there any member of the public who would like to provide testimony on this application? Okay. Council, any further information needed? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing for VAC 08-006. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 14. All those in favor say aye. All ayes. Motion carnes. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAC 08-006, with the -- to include all staff, applicant, and public testimony. Zaremba: Second. Meridian City Council January 6, 2009 Page 16 of 59 De Weerd: Okay. I have a motion and a second to approve Item 14. If there is no discussion, Madam Clerk, will you call roll? Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: Public Hearing: AZ 08-012 Request for Annexation and Zoning of 5.03 acres of land from RUT in Ada County to an R-4 zone for Shays Cove by Landmark Engineering & Planning, Inc. — 3155 South Mesa Way: Item 16: Public Hearing: PP 08-009 Request for Preliminary Plat approval of 8 single-family residential building lots and 3 common lots on 4.45 acres in a proposed R-4 zoning district for Shays Cove by Landmark Engineering & Planning, Inc. — 3155 South Mesa Way: De Weerd: Items 15 and 16 are public hearings on AZ 08-012 and PP 08-009. 1 will open these two public hearings with staff comments. Friedman: Thank you, Madam Mayor, Members of the Council. Mrs. Watters will be handling this public hearing. Watters: Madam Mayor, Members of the Council, the application before you is an annexation and zoning request for 5.03 acres of land, including adjacent right-of-way from RUT to R-4 zoning district and preliminary plat for seven single family residential building lots and three common lots on 4.45 acres of land. The property is located at 3155 South Mesa Way, on the northwest comer of Mesa and Victory. This is an aerial view of the property. Proposed project is for a large lot residential subdivision. All lots are in excess of 11,000 square feet in area. The gross density for the plat is 1.57 units per acre. There is an existing residence that will remain on one of the proposed lots that will take access from Mesa Way. Access to the other lots is proposed from Victory. You can see from the aerial here where the existing home is and there are two large shop buildings there. A stub street, South Coy Place, is proposed at the north property boundary for future extension upon development of the property to the north. Until that time, a temporary turnaround for emergency access is provided on the plat. This is the proposed landscape plan. It shows some of the existing trees and proposed landscaping. Building elevations have been submitted for the proposed homes. Construction materials consist of stucco, rock accents, and tile roofs. The Commission recommended approval of the project with no changes to the staff report. Chris Todd testified on behalf of the applicant in favor of the application at the Commission hearing. Is there was no other oral or written testimony, other than a response from the applicant in agreement with the staff report. Staff is recommending approval of the project with a development agreement that includes provisions for development of the property as Meridian City Council January 6, 2009 Page 17 of 59 stated in the staff report. Staff will stand for any questions the Council may have at this time. De Weerd: Thank you. Council, any questions for staff? Bird: I have none. De Weerd: Thank you. Is the applicant here? If you will, please, state your name and address for the record. Wyatt: Jed Wyatt with Landmark Engineering and Planning and a business address of 3032 North Broadmore in Nampa, Idaho. Sonya has done a nice job telling you about the project. I'll keep my comments fairly short. This project -- the developer on this project lived on this property for a number of years before any development around him was there and his desire at this time is he lives in the house currently and wants to build a new house behind it and sell the existing house to his son and at least one of the lots to one of his daughters and so he would like to just have a nice subdivision there for his family and a few other lots to sell off. As you can see by the landscape plan that's up on the screen, most -- 90 percent of those trees are existing. The pond is existing. He's got an immaculate place there. I have no reason to believe the subdivision will not fall in line with what he's already done there. It's well maintained. The building elevations that were submitted, he's already had an architect working on his home and the lots are sized to accommodate those homes as shown on those elevations. Feel it's going to be a nice project and an asset to the city. If you look at the city map there is R-4 zoning to the east and the west and R-8 zoning to the south. So, it's a nice transition to the rural lots to the north. So, we think it's a very nice project and would be an asset for city and ask for your approval. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Do you know the distance between Mesa Way and the proposed Coy Place? How far apart are those two roads? Wyatt: I do. It's up on the plat here. If you have any traffic concerns, ACHD has looked at that and they have approved the location of that access point, and it -- on our drawing here is 303 feet. Zaremba: Okay. Wyatt: That's from close edge to close edge. That's not from center lines. Meridian City Council January 6, 2009 Page 18 of 59 Zaremba: Thank you. Hoaglun: Ma'am Mayor. I did have one question. The turnaround, then, you're fine with a temporary turnaround for emergency access at the end of the stub? Wyatt: Yes. Originally it was submitted as a cul-de-sac and it was recommend that we stub it to the north, so we have agreed to do that and we will put that turnaround in as shown. Hoaglun: Okay. Great. Thank you. De Weerd: Thank you. Okay. This is a public hearing. Is there anyone who would wish to testify on this application? Okay. Council, any further information needed? Okay. If not, I would entertain a motion. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Having heard staff and applicant testimony and given the public the opportunity to comment, I move we close the public hearings on AZ 08-012 and PP 08- 009. Hoaglun: Second. De Weerd:. Okay. Thank you. I have a motion and a second on Items 15 and 16 to close the public hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve AZ 08-012 and PP 08-009 to include all staff comments. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 15. If there is no discussion, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council January 6, 2009 Page 19 of 59 MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 16. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Do we have to do both? Zaremba: I did incorporate both of them, if that's okay. Item 17: Public Hearing: RZ 08-008 Request for Rezone of 12.76 acres from TN- R to TN -C for Beacon at Southridge by Eastern Washington — Idaho Synod of the ELCA — south of Overland Road, approximately 800 feet west of Linder Road: De. Weerd: Okay. Sony. Item 17 is a public hearing on RZ 08-008. 1 will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The application before you is a request for a rezone for the Beacon at Southridge. It consists of 12.76 acres of land and they are requesting a rezone from the TN -R district to the TN -C district. The property is located on the south side of Overland Road, approximately a quarter mile west of Linder. This is an aerial view of the property. It currently just consists of vacant agricultural land. A little history on this site. The subject site was annexed into the city in 2007 as part of the Southridge development. The Conditional Use Permit for an 87,757 square foot assisted living facility, containing 187 residential units, was approved for this property and the property directly to the north on November 18th of last year. The site of the assisted living facility is currently split zoned. As a condition of approval of the Conditional Use Permit, the applicant was required to rezone the portion of the site zoned TN -R to the TN -C district in order have a consistent zoning for the entire site. A development agreement modification was also recently approved that modified the conceptual development plan for the South Ridge development to allow for an assisted living facility on this site. This is a copy of the approved site plan for the assisted living facility that was recently approved with the Conditional Use Permit. These are the building elevations that were also approved with that Conditional Use Permit. This is a map showing the current zoning district boundary. The TN -R district on the south end there is what is requested to be rezoned to TN -C. The Commission recommended approval of the project with no changes to the staff report. The Commission agreed that the rezone of the property will correspond with the approved use. Van Elg testified in favor of the application at the Commission hearing. There was no other oral or written testimony, other than a response from the applicant in agreement the staff report. Staff recommends approval of the Conditional Use Permit request per the conditions in the staff report. The staff will stand for any questions the Council may have at this time. De Weerd: Thank you. Council, any questions? Okay. Is -- there is the applicant. Good evening. If you will, please, state your name and address. Meridian City Council January 6, 2009 Page 20 of 59 Elg: Okay. Thank you. Good evening. My name is Van Elg. I am with the Land Group, 462 East Shore, No. 100, Eagle, Idaho, representing the applicant this evening. We have gone over the staff report multiple times with Sonya and concur with the information that she has presented. I have got a Powerpoint presentation, but I will forego that in case -- unless any of you have any specific questions and just summarize. Council has already seen this through the development agreement. It's part of the master plan. We were required to submit a conditional use for this, which we have done. This is compliant with both the DA and the conditional use application and simply corrects this -- does my pointer show up here? Simply corrects this line here that really doesn't represent anything now, because it followed an old -- some old property lines with the original Southridge master plan and brings it back down here, so that has significance. Oops. Sorry. The P&Z's recommendation was was all supportive, with the exception of one, and she simply didn't support it, because she didn't support Southridge, initially. So, she remained true to her convictions. So, with that I don't have any other comments, unless you have some questions of me. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Or would you like to see his Powerpoint? Thank you. Elg: It's good. Thanks. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony? Okay. Staff, any further comments? Watters: No, Madam Mayor. De Weerd: Okay. Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I having heard all staff and applicant testimony and given the public the opportunity to comment, I move we close the public hearing on RZ 08-008. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 17. All those in favor say aye. Did you say aye? Zaremba: I did. Meridian City Council January 6, 2009 Page 21 of 59 De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: I got it in on time and you didn't hear me separately. De Weerd: Okay. I know. I think I need to wear one of those things you have on your ears. Okay. Any discussion or do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve RZ 08-008 to include all staff comments. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to approve Item 17. Any discussion? Hearing none., Madam Clerk. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 18: Public Hearing: AP 08-007 Request for City Council Review of the Planning and Zoning Commission's action regarding the conditions of approval for Fairview Lakes Retail (MCU 08-002) by Doug Tamura — 950 East Fairview Avenue: De Weerd: Item 18 is a public hearing on AP 08-007. 1 will ask for staff comments at this time. Watters: Thank you, Madam Mayor, Members of the Council. The item before you is a request for City Council review of the Planning and Zoning Commission action and conditions on a Conditional Use Permit modification for Fairview Lakes retail building, located at 950 East Fairview Avenue. The request for review is a new hearing allowing the Council to review the entire development and conditions if so inclined. A little history on this. Staff approved a CZC for this site, a certificate of zoning compliance. Upon inspection of the site for release of occupancy staff noticed that the site and building were not consistent with the approved plans. Staff advised the applicant to apply for a modification to the approved Conditional Use Permit to obtain approval for the changes that were made. The applicant did so and the Commission approved the CUP modification with conditions. The applicant is now requesting Council review of the Commission's decision and certain conditions of approval. This is an aerial view of Meridian City Council January 6, 2009 Page 22 of 59 the site. This is the site plan that was approved with the certificate of zoning compliance at the top there. This is the -- on the bottom there is the site plan that was proposed with the Conditional Use Permit modification that the Commission approved. These are the building elevations approved with the certificate of zoning compliance. And this is what was actually built on the site. Note the difference between the -- the rear elevation is, essentially, the same, except for the construction materials. The front is significantly different, as you can see. And these are photos of the existing structure. Top one is the south view, which is the front. The second photo is the west end of the building and the third photo is the rear of the building that faces Carol Street. Those are just some more photos. The Commission recommended approval at their October 16th, 2008, public hearing. Doug Tamura testified in favor of the application. Ryan McDaniel commented and also submitted written testimony on the application. Key issues of discussion by the Commission were whether or not to require additional windows to be installed on the west end of the building, per the staff report, and the previous approved plans with the CZC. Showed those. Whether or not to require stucco, as proposed and approved with the certificate of zoning compliance or alternative finish on the walls of the existing structure. Whether or not the planter at the north end of the row of parking on the west side of the building should be required to be installed per staffs recommendation according to the approved plan with the CZC. Discussion regarding the letter testimony of submitted by Ryan McDaniel and the necessity for changes to the plans to be approved by the city prior to construction, rather than after the fact. The staff recommended conditions of approval to the Commission that are included in the staff report. Key Commission changes to the staff recommendation were a modification to the condition of approval 1.3.A to require a text coat on the walls of the building, instead of a two coat stucco system as originally proposed and approved with the certificate of zoning compliance. And to strike condition of approval 1.3.13 that required additional windows to be installed on the west building elevation. Outstanding issues for the City Council. The applicant, Doug Tamura, has submitted a request for a Council review of the Commission's decision on the following conditions of approval: Number 1.1.A, a planter island is required to be constructed at the north end of the row of parking on the west side of the building. Number 1.1.13, evergreen trees, minimum six feet in height, shall be installed within the street buffer along Carol Street to serve as a screening of the rear of the building. This area shall result in a barrier that allows trees to touch at the time of maturity. Just a clarification from staff. The staff report says Teare Avenue. It should be Carol Street. Just a correction there. Condition of approval 1.1.C, a trash enclosure shall be constructed on the site in the location depicted on the site plan in Exhibit A.2. And, last, condition of approval 1.3.A, all walls surfaces, excluding the portion that will abut retail building three on the east elevation, consisting of painted block walls, shall be covered with text coat. And the applicant will cover his proposition in his testimony. Staff will stand for any questions the Council may have at this time. De Weerd: Thank you. Council, any questions? Okay. Thank you. If you will, please, state your name and address for the record. Meridian City Council January 6, 2009 Page 23 of 59 Tamura: Good evening, Madam Mayor, Members of the Council. My name is Doug Tamura. My address is 1124 Santa Maria in Boise and I'm the developer and architect of this project. De Weerd: Thank you. Tamura: It was my understanding of the approval process that brings me to City Council this evening. For the past six years I have constructed several buildings in the City of Meridian. It has always been my goal to develop something I was proud of and, hopefully, be an asset to the City of Meridian. The misunderstanding that I would like to review this evening is the certificate of zoning compliance and construction documents submitted for a building permit that didn't match. Not all the buildings that I have designed and developed have matched this certificate of zoning compliance. An approved CZC was attached to the building permit, but the design of the building had been substantially changed. A building permit was issued and the building was constructed in accordance to the approved plans. Sonya, can you go back to that first site plan that shows the approved CZC site plan and -- no, the one that shows both site plans. So, if we could slide that down. Yeah. So, upon completion of the building I was gathering signatures for the final occupancy permit, I was unaware that I had violated any Planning and Zoning conditions of approval. I had received all of the approvals, with the exception of Planning and Zoning. I thought that the reason I was denied Planning and Zoning approval was for the lack of a landscape planter in front of the building. The original CZC approved contained a bump out in the center that did not allow parking in the front of the building, so if you can see retail one and two and you see this bump out in -- oh, oh. If you see that bump out, it shows that we had more of a patio where it wouldn't allow additional parking. The realtors advised me to eliminate the bump out and construct the building with a 60 foot deep bay. Because of the change in configuration I was able to add additional parking spaces in front of the building for the convenience of the customers. The approved CZC did not require any interior landscape islands. I had installed a landscape island on the west end, down at this end, and, then, I also -- I intended to add a large courtyard and water feature on the east end, phase two of the project. The center of the parking spaces were dedicated to handicapped access ramps. The parking lot had been installed as approved, so in lieu of cutting the existing asphalt, I submitted an alternative compliance to compensate for the interior landscape island I thought I was lacking. Staff denied the request and requested I submit a modification to the conditional use, since the building had been changed from the original CZC. It wasn't until I received the staff report for the modifications that I realized that staff was requesting I modify the building to look like portions of the original CZC that wasn't approved -- that was approved. The original CZC was designed to accommodate a Dollar Store. The prospective tenant was not willing to pay very much rent, so I designed a very modest single story wood frame stucco building to try to meet the proposed budget. Submitted that design for approval for the CZC. So, can we go back to the original CZC building elevations? So, that's -- that's why there is minimal sign band and so the Dollar Store was going to take the portion to the east, so kind of the -- that main doorway was going to be a Dollar Store, which accommodated that deeper bay. I was unable to sign the tenant, so I decided to Meridian City Council January 6, 2009 Page 24 of 59 proceed ahead with a higher quality building design. With the amount of retail space under construction, I felt my nitch was quality design and modest rents. I changed the construction of the building from wood frame stucco to masonry, with steel bar joists, metal roof deck. The building was accented with cultured stone, accent columns -- maybe bring up the elevations of those -- the building that I -- bring up the actual building photograph that we have. Yeah. Thank you. So, I -- the building was accented with cultured stone, accent columns across the front and on the west end. Full covered walkways with concrete the roofs and a facade designed to allow for better tenant signage. I looked at the construction of several high quality retail projects and used the detailing from several projects. It was my observation that one of the successful construction techniques allowed in Meridian was masonry construction. Could I get those -- those photos I included and start at photo number six and, then, just kind of scroll six through 22. What I have done is I have included several of the projects that were constructed on Eagle Road and I have got photos. The sad news is it was in that snow storm today, so I can't swear on the quality of what I'm going show you. So, this was -- this will just give you an idea of the projects that I'll show you. So, go ahead and just kind of scroll down to six, seven, through 20. So, this is the front elevation of Kohl's, but pretty much the Kohl's, Joe's Sporting Goods, the whole rear elevation of that whole project is just painted masonry. The second project is the family center, where it's got the Sportsman Warehouse, Bed Bath and Beyond. The third project was Lowe's. That was, again, across the street from the Kohl's project. And, again, Wal- Mart -- all four of the major retail shopping centers along Eagle Road are all masonry construction, painted -- or painted masonry buildings. But similar construction types to what I constructed. In the design of my project I used different types of masonry to create a contrast of textures. I used the scored block in front to create the detailing on the store fronts and on a column basis to look more like tile. Can you show -- yeah. So, pictures number four and five. I had the masons leave the -- so, you can see that it's -- it's concrete and masonry, but, then, it's -- you know, I use different types of concrete masonry to go ahead and kind of change the -- the facade detailing that I used. I had the masons leave the joints flush on the side and the rear of the building, to give me a flat wall surface that was painted and I added cultured stone on the west elevation to cavy the stone detailing around to the side of the building. It has been my experience in the other retail buildings that I own, that wood frame stucco buildings present a long- term maintenance issue. It only takes one drywall hammer and all of a sudden, you know, our stucco is cracked and so I wanted to go to a different level of construction type to make sure that I had a long term project. What I'm requesting is to appeal the following conditions of approval. Sonya read through the four conditions, 1.1.A, 1.1.13, 1.1.0 and 1.3.A. On 1.1.A, please, look at photos 23, 24 and 25. It says the planner located on the west end, which this is the west end of the building, so you can see that there is -- you can't -- well, you can't tell with the snow, but I have got planters on both the north and the south end that are installed. There is seven stalls on that west end and so I'm not real sure what staff was considering. So, you can see there is a tree planted next to the stop sign and, then, there is another tree planted down there on the comer. So, that was condition 1.1.A, which I believe we have met. On condition 1.1.13, the condition that was attached to my exhibit says evergreen trees, minimum of six feet in height shall be installed within the street buffer along Teare Street. Well, I didn't Meridian City Council January 6, 2009 Page 25 of 59 really know what staff meant by Teare Street, because Teare Street runs perpendicular to our project and -- show site plans -- or photos number 26 and 27. So, what I thought staff was looking at was -- we have got two existing homes that are behind our project and so photograph 26 -- maybe go back one, Pete. Twenty-six is the house that's directly behind our shopping center. On that house we have gone ahead and extended Carol Street on through. We put a six foot high vinyl fence. We landscaped that street section through there. And, then, on photograph 27, which is the street -- which is the house across the street on the east side of Teare Street, you can see that, again, we went ahead and put a six foot high vinyl fence. We stepped it down at the street and, then, we went ahead and put on a -- a thick row of evergreens along that whole fence line. So, we went ahead and spaced those that when those mature it will just be a solid wall of evergreens. So, that was installed this summer. So, again, since she had referenced Teare Street, I didn't really know what her concerns were. On 1.1.0 -- and I presented this to planning -- Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: While we are still on the last one, if I may, Mr. Tamura. Tamura: Okay. Zaremba: She has now corrected that to mean Carol Street, not Teare Street. Does that change your thinking? Tamura: Well, what I will do is I will explain to you what my alternatives or, you know, what I'm going to propose as far as compliance in my summary. Zaremba: Okay. Tamura: 1.1.C, I presented to Planning and Zoning that -- can you go back to that site plan that we built? So, I guess -- you know, maybe look at photo 29. In photo 29 you can see down in -- in just -- in the southwest comer of our front elevations. See that little circle there with the two trees? We have got an existing trash enclosure. Again, look at photo 28. So, that's been installed in our parking lot that's adjacent to the southwest comer of our existing retail. As an alternative to this condition I propose to Planning and Zoning there is an existing trash enclosure that was built in the parking lot in the southwest comer of the building. I currently have no tenants. It is my intention at the point in time that I need additional trash capacity I would add another trash enclosure in the rear of the building that was referenced in Exhibit A.2 in this 1.1.C. The last condition was 1.3.A. The building has been constructed and completed. I hope I have demonstrated that the construction techniques I used are no different. than the majority of the other standards that have been built along the Eagle Road corridor. That even though a CZC was approved, I felt that the result was far superior to what was originally submitted. In summary I'm requesting City Council consider the following Meridian City Council January 6, 2009 Page 26 of 59 alternatives as consideration for allowing the building to remain in its current condition. Number one, the addition of three pine trees in the rear of the building in between the existing trees that have been planted along Carol Street. So, that would be -- kind of address what we are talking about condition 1.1.13. 1 would resubmit a CZC to match the building design and landscaping, so that in the file we'd have a landscape plan and a building elevation that would -- that would match to what was actually built on our project. Number three. Approve the occupancy of the building with the existing trash enclosure. The enclosure to be painted to match the building. And an additional trash enclosure to be installed as requested by Sanitary Services in the future. So, as there became additional needs for trash, you know, we would be more than happy to add additional trash enclosures in the rear of our building, but not until the time that we needed it. Number four. Allow for me to bond for the additional landscaping if weather does not permit installation -- weather permitting, I guess. Number five -- and what we had proposed in our alternative compliance is that in our phase two water feature courtyard, which we submitted in our modification of our conditional use that we'd increase the size of our courtyard, because one of the things that we realize on working on our project is that our entrance next to Smokey Mountain Pizza, that that courtyard is going to become kind of the secondary focal point of our project and so what we'd like to do is increase the size of that courtyard and spend our money on a nicer bigger water feature there. And, then, also the number six, phase two, buildings be modulated and submitted in our modified conditional use dash '08 dash 002. And, finally, number seven, and the important one to us is delete condition 1.3.A, which would require us to go ahead and repaint our building. I'm here for any questions. De Weerd: Thank you. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just make note for the first time in six years I'm not going to ask you about the two amenities. You answered that last time. De Weerd: Thank you, Mr. Zaremba. Any other questions or comments? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Doug, I -- this building you built I think is a very very nice addition to our city. I agree with you, I would sooner have painted block than text coat. I think it looks -- looks very nice. I don't know why we think we have to have windows down the west side. I mean it depends on what you have got there. I think that's why sometimes when we see the plans originally and unless they are -- the building is sold or leased out already, you have to make modifications for different tenants. So, I -- I don't think you're being a Meridian City Council January 6, 2009 Page 27 of 59 bit out of line with asking for your modifications. I certainly have no problem with them. I think you got a very nice building and I hope you get it filled up. Tamura: Thank you, Council Member. You know, regardless of those windows, one of the things I explained to Planning and Zoning is it's been our experience on those west facing windows that it becomes a huge energy situation where we have that west facing sun. So, the other thing that we done is we had included that out pad on the comer of Carol and North Lakes and so it's not really going to be obvious when you see that -- that west elevation. And, then, that's also why we added that additional accent of the cultured stone on the comers to kind of dress up that -- that comer. But I know that in showing it to the tenant, the tenants have had concerns about those, kind of what they -- the good news is we potentially have the building half leased. So, right before Christmas -- and it's all kind of family oriented tenants that want to be there. But it's a combination of location and -- and what the building looks like, so -- Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question for Doug. Since I'm still in catch-up mode on some of these things that have been approved previously, identify for me what is -- what is phase two in this project, then. Tamura: So, phase two is the -- the buildings directly to the east. So, see where it says retail -- go back to that site. Okay. So, look on that bottom site plan. See where it says retail three? So, that will be phase two. So, our intention is knowing that we haven't been -- what we are hoping for is that we can get another anchor like Hastings that require a deeper depth than 60 feet. The reason for the 60 feet is that a typical tenant space is 20 -by -60 and so a 1,200 square foot is a typical phase facing or size. As you go deeper, the tenant doesn't get anymore store front, but has to lease more space and that's why that 60 feet is so critical. Where we have got,a large amount of space behind our project, we are hoping that we could get another anchor, you know, like a Hastings that could fit in that comer. So, in lieu of that, if it does look like we will be able to lease up our space, what our thought was is that we'd modulate the building back, create this nice courtyard with a water feature that would accent -- accent our driveway and, then, do something that's architecturally complimentary to what we have done in the first phase. Hoaglun: Madam Mayor. If you wouldn't mind pointing out exactly where that water feature -- is that there in front of that phase two -- Tamura: So, see where that bubble is right there -- so, look -- Pete, maybe bring up photo number 29. Friedman: Okay. Bare with me here. Meridian City Council January 6, 2009 Page 28 of 59 Tamura: The site plan photo number 29 is what we had submitted with our -- Friedman: Okay. I need to rotate that. Tamura: Can you pull that -- Friedman: Just a second here. Tamura: Yeah. There. So, photo 29 is -- one is we went ahead and put an additional landscape patio in front of the signage on the east end of phase one. So, you can see where -- yeah, where the arrows are. So, we have added that in to break up the parking on the east end of the building. Also, we have increased that courtyard and, then, where the water feature is in the center, we are going to go ahead and increase -- double the size of that water feature. So, again, if you go by our project, we have those big waterfalls for our signage. We want to do something similar there that will be the focal point of this driveway. So, we will have kind of a -- a water feature courtyard and, then, recess that back so that we will have a nice big seating area for that future phase. Hoaglun: Another question? De Weerd: Uh-huh. Hoaglun: For the next -- for the trash enclosure, where would that likely be? Do you have any idea for that? Tamura: Looking at this site plan -- so, we have got an existing one where Pete's got the arrow pointed. That one's been installed in the parking lot. The other one is is we have got loading proposed behind phase two and, then, there is the trash location that we had talked to Sanitary Services. But at this time, since we don't have tenants and we don't have trash, we were hoping that we could add those as needed. So, first, is having to build a second trash enclosure location now, if we could just wait until we have tenants. Hoaglun: Okay. Thank you. Tamura: Any other questions? De Weerd: So, I guess my question is how did we get to this point to begin with? I mean this is not your first project in the City of Meridian. Tamura: You know, I think what's happened is -- or, Madam Mayor, I think what's happened is we have submitted so many projects and this was done under a development plan and what happens on these shopping centers is that every building that we have constructed is done through a conditional use and so we have got a full public hearing on each building that we do. The other thing that happened is that -- that -- and particularly when we were working on the Dollar Store, it was a, you know, hurry, Meridian City Council January 6, 2009 Page 29 of 59 we have got to get this thing submitted, you know, so we were real proactive about, you know, getting our plans in, getting it approved. The other thing that happened is it was right at the peak of the frenzy of all the retail that was going on in Meridian, two, three years ago and so for us to get a CZC was taking us anywhere from a month to two months to get those approved. So, we submitted it, got it approved, you know, then, when the tenant fell through, well, we wanted to proceed ahead, because the building season was short and get it done by, again, a year ago is when we completed this building, that we went ahead and attached the CZC that we had approved and it -- it just became a part of the plans and, then, we upgraded our building and flew through and all we -- you know, and we had a building permit. So, I didn't know that we had done anything wrong until we were trying to get our final occupancy permit. In talking to Planning and Zoning, I know that they have sat down with the building department and they are streamlining the process to make sure that future CZC's don't end up in the same problem that we have done of having something that doesn't match to the building permit. You know, it's -- you know, I under -- you know, that I have been through it I understand that, you know, it was my misunderstanding of what caused the problem. You know, we have done all those little office buildings in our office park and, again, a lot of times when we did that, you know -- you know, because of the tenant or the owners, they would change some of the designs, but, again, we made those adjustments without resubmitting CZC and so as part of, you know, I guess my fault that -- that we were given leniency in the past and so I just didn't assume that we had a problem until -- you know, until now. De Weerd: Well, I never have a problem upgrading the look, so that's not -- that wasn't my intent on the question, but just, you know, lessons learned and -- Tamura: Oh, yeah. De Weerd: Anything further from Council? Hoaglun: Yeah, Madam Mayor, just a comment on that I -- you know, I hope we have a process in place that we can make sure when there is changes like that that communication takes place. I mean we are fortunate that this went up, instead of down, in design and type. I mean it's a nice quality job that you did. Tamura: Thank you. Hoaglun: It's very nice. But it could have gone the other way and, then, we'd really be stuck, so -- but -- so, I think -- if I can ask staff, Madam Mayor, if they have any comments on -- do we have something in place and for future communication, so we can be sure we are okay and we don't have one that's a lot worse than planned? Friedman: Madam Mayor, Council Members, thank you very much. We -- you know, 98 percent of the time we approve a CZC it goes down to the building department, that's what built. We are working on improving that level of communication, we are now assigning a planner who will sit in with the building department on every commercial Meridian City Council January 6, 2009 Page 30 of 59 CZC -- or building permit intake after the CZC is approved. So, we are continually striving to improve both our internal communications, as well as our customer service. And so we have assigned a planner to that. That planner is very knowledgeable on our CZC process and will be in the building department when they have their intake meetings. Just as a point of clarification on this, a couple of things. Without having to go in our database and look this up, I would like to correct it, because I think rarely does a CZC take more than two to three weeks, let alone a couple of months. So, I mean I don't want to belabor that point, but I also want to try to emphasize that we try to be as thorough as we can and as efficient as we can. Secondly, just a couple points of clarification on the site plan. The island that Mr. Tamura spoke of down at the north end of the parking lot there is a small island that was located on the inside of what's now a loading bay and it showed a small island with a deciduous tree in there. The other island that's on the outside on Carol Street is part of the Carol Street landscaping. And, then, finally, as far as the trash enclosure goes, the trash enclosure that was constructed was not actually part of the site. We never did get a chance to review it. We wouldn't have approved it based on its current design and it doesn't meet SSC standards. So, again, those are a couple of clarifications I think we need to put on the record. De Weerd: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Your comment on the trash enclosure -- as it appears to me their trucks couldn't access it in its location and orientation. Friedman: That's correct. Zaremba: Okay. So, something needs to be fixed there I would say. Let me ask a general process question and this probably isn't Planning and Zoning, it's probably the building department, but don't we have building inspectors that drop in on a construction project at various phases in -- what access do they have to the plans that were given to the -- when the CZC happened -- when they stand on site are they able to compare what's going on with what was supposed to go on? De Weerd: Mr. Zaremba, they see the building -- submitted building elevations and those building elevations were different for the permit than they were for the CZC. So, the inspectors would see what was submitted to the building department. Zaremba: Okay. Friedman: Just -- Madam Mayor, Council Members, just as a point of clarification, that's a very good question and it's certainly one of those internal communication things we -- we try to improve in constantly. Typically we issue the CZC, it's sent down to the Meridian City Council January 6, 2009 Page 31 of 59 building department, the building department approves the building, the structural plans and so forth. The next time that our staff is out there is when there is either a request for a letter of substantial completion or a request for occupancy and at that point they are checking for things like compliance with the approved site plan, parking, landscaping, that sort of thing, which is why now we are going to be having a planner assigned to those commercial plan intakes in the building department when they come in and we are working with building and inspection services to try to facilitate a way in which, you know, we can have better communication and a better understanding of what's approved or at least some way of -- if there is a question and a red flag comes up, because the Mayor is correct, they are looking at building plans, they are looking at structural plans, they are not -- they have a different kind of charge than we do in terms of what -- what they are looking for. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Pete, don't the same plans with the CZC that gets approved go the building permit? Friedman: Yes, they do. Madam Mayor and Council Members, they do indeed. Bird: Yeah. De Weerd: Okay. Mr. Hoaglun. Hoaglun: Back to a question for the applicant on this -- you showed the two trash enclosures back there and you have the one up front there. Was there a plan eventually to have both of them located back there or would you still keep that one -- I mean one's with the existing building and the other for that phase two. What's the plan for that? Tamura: Council Member Hoaglun, I have worked very close with Sanitary Services and I believe their philosophy is that -- what they'd like to do is have as large of one stop shopping as possible, so their goal is once -- you know, in Boise it's cheaper for us to have the trash dumped more often -- more frequently per week and have less dumpsters. Meridian's philosophy is -- is one time a week and as large a dumpster as possible. So, I think our goal is that when -- when we do phase two or even -- you know, if -- if we lease up phase one and we need larger dumpsters, then, our goal is that we will move and install a large dumpster in the rear of the building. But since we had the one dumpster in the existing parking lot now, we were hoping that we could use that at least to obtain the occupancy permit and, then, this spring we go ahead and install a large one in the back. But the intent was that the smaller dumpster was to provide access for, you know, the end caps and, you know, these other little smaller out pads along North Lakes, you know, as kind of a catch-all for that and, then, the large nature dumpsters would be located to gather the trash for phase one, two, and three, Meridian City Council January 6, 2009 Page 32 of 59 you know, across the back of the property. But we didn't feel like the large dumpster location was necessary that at least, you know, to gain our occupancy on our existing now. De Weerd: Any other questions, Council? Bird: I have none, Mayor. Tamura: You know, there is one clarification on that landscaping island on the -- you know, of what we submitted with the CZC versus the CUP. The little island that we showed the tree, you know, it doesn't really show that we showed any additional landscaping along North Lakes. The little island that we put in there actually became a service ramp and, then, the loading area was there and, then, we went ahead and moved that landscape island out to -- to Carol and, then, also on the north -- or on the southwest comer of the building where it shows another landscape island, we went ahead and added a tree there. So, with the two landscape islands that we have on both sides of that west parking lot, we have only got seven spaces and I believe that the city ordinance requires that we can go up to 12 spaces per interior landscape island. So, it meets the ordinance as far as our landscaping requirement on the west end. Thanks for your time. De Weerd: Thank you. This is a public hearing. Is there any member that would like to provide testimony? I do have one person signed up, Ryan McDaniel. Good evening. If you will state your name and address for the record, please. McDaniel: Madam Mayor, Members of the Council, Ryan McDaniel. 1785 North Teare Avenue. I am here tonight on behalf of myself, as well as nine other individuals in the vicinity. I can read it into the record now or I can submit my list of signed people for the clerk to enter in. De Weerd: Sir, is it the list that you included on the sign-up sheet? McDaniel: It is. De Weerd: Okay. We will have that as an item of the record. McDaniel: Very well. De Weerd: Thank you. McDaniel: Then, let me begin by submitting written testimony. I didn't have this in soon enough for -- beforehand. I have five copies. Is four is okay for you and one for the developer, perhaps? I have submitted one to staff just a few moments ago. Meridian City Council January 6, 2009 Page 33 of 59 De Weerd: Okay. Thank you. If the Planning Department will get that to the City Clerk, we will stamp it in received. McDaniel: Perhaps some preference. De Weerd: Let's get it in front of Council and then -- okay. Thank you. McDaniel: Very well. We, as the members on the sheet, have allowed me to proxy their three minutes into the testimony. I had put together a table that shows our support of the developers appeal or supporting what we think is four of the six and we could be wrong in that number. We have also provided some tools and we have asked the developer four simple questions and also written in some assumptions that we are making in providing our support tonight. Let me first back up and say that we came to the Planning and Zoning Commission and we were a little bit concerned, because it appeared that it was the 26th application for the site and it's hard for the neighborhood to keep track of all of these changes and we were a little concerned that it was a piecemeal development pattern and we were sort of drifting away from the original intent of annexation and the development agreement and Planning and Zoning was very clear in stating that they do not have the authority to restrict the number of modifications to the site and we are taking that as sound -- sound authority and moving forward. So, with that, basically, our support for the developer ends where the waiver for three evergreen trees -- and I'm a little bit concerned that maybe I have missed the point on that and that the developer intends to put those in, but we would like the trees in. Secondly, the other issue is the requirement for quality building materials required by the P&Z and we would support the P&Z and City Council, as well as staff in identifying the cinder block wall as nonquality building material. Could you -- Sonya, perhaps could you put up the picture in your staff report that shows the front elevation and the rear simultaneously? So, anyways, moving into the tools, even if we have a piecemeal development pattern and that's okay, it's sort of hard for the neighborhood to keep track of the stability of the area and the adjacent development and it really places us in a little bit of a liability and the developer is also sort of in -- in a place of liability as well and we wanted to come out and support the developer and just point out that he went through the process and had building permits issued that were for the wrong building in the wrong spot and that's what was constructed and so we just wanted to point out that maybe the city has a little liability as well. And perhaps we had been crediting or refunding the fees associated with remediating the building may be in order. Secondly, we would also support issuing the occupancy permit now to fill the vacant building. The building to the south, the Smokey Mountain Pizza, was robbed on Christmas Day and we acknowledge this as a -- a symptom of an underlying problem, perhaps it could be disinvestment scenario and we just don't want to see the vacant building have the windows broken out and we, really, would like to support the developer in filling that and perhaps we could enforce the requirements which you're going to levy tonight upon the issuing of the next phase of building permits. And also I want to skip down to a question. The next phase of building permits will approve a building immediately to the east with a zero lot line setback and we are kind of curious if that building would follow good urban design as well and have compatible building Meridian City Council January 6, 2009 Page 34 of 59 materials on the eastern building. So, to break that down, it may be like a twofer that you approve tonight, if its a cinder block wall on this, it would sort of make sense to segway into the next. And we would support building materials of quality again. So, moving down -- and staff has already addressed the city staff shepherding the process through building permit issuing and that also applies to perhaps issuing the building permits now and requiring these later on. And, finally, the trash enclosure, it seems like it could become a problem. We don't think that the tenants or perspective tenants would permit overflow in their parking lot. It may be unsightly and they would sort of have a problem with that. Perhaps we could approve another location and design in the rear just in case. Finally, we would like the developer to speak to the building materials on the east building, which is yet to be constructed. Also there are two lights that shine upon a residential structure, which is -- I believe it's a violation of the annexation agreement which is currently an entitlement on the site. Also, the paint -- and I'm speaking for my neighbor in this, Jack Smith lives immediately to the north of the site and the reflection of light shines on the orange and into his house even with his blinds pulled and we are hoping that if you require that the textured coating be applied, which we are hoping you will, that perhaps the color could be negotiable and there is a filtration bed -- perhaps staff could pull up the site plan, which shows the filtration bed in the -- there it is. To the north at the intersection of Carol and Teare, there is a filtration bed there and it appears that the loading dock is proposed over the top of that and that may be a problem. Very well. So, with that -- I'm going to leave the assumptions out, except for one. When we went to the P&Z, we asked them about, you know, the development and expressed concern over the ultimate build out of the site. To make a long story short, we are making our support for the developer tonight under the pretense that the development agreement is, in fact, what is going to be constructed upon the site and we really want the Council to consider our support expressed here tonight as made in good trust and faith of the current development agreement and in the event that a noncompatible use be proposed in the future, this testimony may appear in further discussion. And with that I will leave it there and I just express my support for the developer in four of these six items and I will stand or sit for questions. Thank you. De Weerd: Thank you, sir. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Any other testimony on this item? Okay. Would the developer like to comment and have concluding remarks? Tamura: Madam Mayor, Members of the Council, my name is Doug Tamura, 1124 Santa Maria in Boise. In regards to Ryan's comments, you know, we have agreed to add the additional evergreen trees along Carol Street and, then, in practice, questions for the developer, will the eastern strip commercial mall be constructed with the same building materials as the building under review tonight? If we are required to stucco the building, then, we'd probably we forced to go to a wood frame building. Our hope is that we can stay with the masonry construction with our painted walls. That's our particulars. Can the two lights that shine upon the residential structures be turned off. Meridian City Council January 6, 2009 Page 35 of 59 We are going to have those lights removed. The architect that helped me on this project was telling me how people like to accent their buildings by having additional light face on this facade, but I don't like that detail of what it does, it just makes it too bright, so we are going to have those lights removed. And, number three, the paint on the wall, we hired Noel Webber with Classic Design. I don't know if you know who Noel Webber is, but he does all the real fancy classic signs in Boise and he -- I hired him to pick out those paint colors. So, what he did was kind of a complimentary -- supplementary complimentary to what they had done at Smokey Mountain Pizza. And I know that Jack hates those colors, but I'm not real sure, you know, what colors Jack would like, so -- but, again, you know, he's talking about our north facing building elevations, so I'm not real sure of where the reflections coming from. And, then, in regards to the drainage pit, you know, we would be more than happy to go ahead and put a warning on that -- on that drainage pit. It's a highway district requirement for Carol Street. We've had several neighborhood issues -- you know, this summer we probably were graffitied once a month, every month, and so it's been a constant battle. Our vinyl fence, you know -- and particularly on the -- De Weerd: I'm sorry, Doug. You what? Tamura: Graffitied. De Weerd: Oh. Tamura: Yeah. We were probably graffitied, like I said, once a month. Our vinyl fence on that east end of our project was slowly walking off and, you know, I really have to applaud the neighborhood that they kind of took it in their own hands to go ahead and help me out and save our fence from being totally destroyed. You know, we are trying to make headway, you know, we are hoping that as our project gets -- you know, gets completion, that -- but like Ryan said, you know, by having our vacant building. But, like I said, we had some positive responses to our project and so we are hoping -- or one of the questions I proposed to the realtor is even with this economy would it make sense for us to go ahead and proceed ahead with phase two. So, we are hoping that, you know, with these tenants that we have got coming, that we can proceed ahead even in difficult times. So, I just appreciate your support. Thanks. De Weerd: Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. Any further information needed or discussion desired? Hoaglun: I do have a question. I'm not sure who to direct it to, but for the trash enclosure, I'm assuming we get -- Sanitary Service Company brings their remarks. Are they involved in that process at some point in time? Meridian City Council January 6, 2009 Page 36 of 59 Friedman: Madam Mayor, Council Member. Sanitary Service, basically, sees all applications. We get them in as early as a comments meeting even before they go to hearings. We have them review the CZC's, so we are always trying to communicate with them. Staff is very well trained and knows, you know, sort of what their locational criteria area and turning radiuses, the distance and so forth that they need. Watters: If I could just add to that. As part of the CZC application submittal, we do require a stamped approved plan from SSC for the trash location -- enclosure location and its construction in general. The reason -- well, let me back up. This trash enclosure was not approved by SSC, because it is not part of this site, it's off site, and SSC has not approved it. And I spoke with them today, Doug Mason, and he indicated to me that this would not be approved the way it has been constructed, that they need 60 feet in order to pull their truck up to the dumpster and unload it. Hoaglun: Okay. And, Madam Mayor, just to comment on that, you know -- De Weerd: Yes. Hoaglun: -- having been a tenant in a retail center, 1,200 square feet, by the way, where we did not have a back door and we had to walk clear around, so I can understand why you would want one, but at the same time, being a tenant in a place like that, you don't want your trash out front. I mean that's a behind the scenes type of thing. So, it was -- it's rather unusual to have that there and that's -- and in seeing -- knowing the ease of access and how they want to handle that -- that trash, didn't look like it was -- some thing that would work very well for them. So, that -- thanks for clarifying that for me, Sonya. De Weerd: Council, anything further? Bird: I have nothing, Mayor. De Weerd: Are you ready for a motion to close the public hearing or any further questions for the applicant or the neighborhood representative? Hoaglun: I guess I have one more question. I have got to make certain I know. Where are these three trees? I thought I knew where those three evergreen trees -- the buffer -- were to be and, then, I got confused on that last testimony. Can you point that out for me, Sonya or Pete, what -- Watters: The existing trees are shown at the rear of the building. Staff recommended that additional evergreen trees be installed to create a barrier of 70 percent coverage at maturity. Just -- those trees be planted between the existing -- Hoaglun: Madam Mayor, Sonya, at the rear of the retail half of that building? Watters: That's correct. Yes. Meridian City Council January 6, 2009 Page 37 of 59 Hoaglun: And that's in addition to the ones that Doug has already planted along that fence line in that neighborhood. Okay. Watters: The staff recommendation applies to the rear of the building you see in the third photo that's adjacent to Carol Street, not those pictures he was showing earlier. Hoaglun: Okay. All right. Thank you. And can you have follow up on that, Doug, if you wouldn't mind, Madam Mayor? De Weerd: No. Tamura: Madam Mayor, Council Member Hoaglun, my intention is that the purple that we showed on the street are the street trees that we used on our overall project and the three pine trees that are proposed in our alternative conditions were to be placed in between those four autumn ash and so we'd have four autumn ash and three pine trees in the rear of the Carol Street building. Hoaglun: Okay. 'Thank you. De Weerd: I guess I have a question for the lieutenant. At full maturity of those trees, do you have any concerns with safety on too much coverage on the back side of that building that you won't have the public eyes on it? Colaianni: Madam Mayor, Council Members, I can't tell from looking at this photo, maybe someone can clarify for me, are there doors on the back of this building? De Weerd: Yes. Bird: Yes. Colaianni: The only concern that we would have is that we are unable from the street, without getting out on foot, to see the doors to see if there has been a break in similar to the one that we just had at Smokey Mountain Pizza. And with the complete screen, it would make it very difficult and it's -- it tends to attract people that can get back in there without being seen. De Weerd: So, I guess, Pete or Sonya, with the addition of those evergreens, would you work with the police department in the placement of those to assure that safety is -- is considered in their placement? Friedman: Madam Mayor, Council Members, yes, we would. And I would also bring Elroy into those discussions. Being the city arborist, he could help us with size, species, location, things like that. So, we, factually, achieve two -- two objectives. One is providing some verticality in the back there to kind of soften that -- that long blank wall Meridian City Council January 6, 2009 Page 38 of 59 and, yet, maintaining the surveillance or the openness that the police department would need at least for viewing the doorways. De Weerd: Okay. Thank you. If the developer doesn't want to respond, Council, any other questions? Excuse me. I would entertain a motion to close. Zaremba: I do have one more question. De Weerd: Okay. Mr. Zaremba. Zaremba: On the condition that the painted block be covered with text coat -- in what is on the display now, the bottom picture, is that painted block and that's what we are asking to have covered with text coat? Watters: That is correct, Councilman Zaremba. Actually, the Commission recommended that the entire building be text coated, except for the east elevation for -- the next phase face would abut. Hoaglun: And, then, Madam Mayor -- Sonya, then, the next phase, if that is required, then, that next phase would also be required to have that same — whatever is chosen to be applied as well; is that correct? Watters: That is correct. Unless there were previous approvals on that phase and I'm not sure -- I think the previous Conditional Use Permit may have included elevations and construction materials for that, which I'm sure if it did, it required stucco, because that's what all the previous elevations for this subject building has shown is stucco. And, therefore, the reason for staffs recommendation that it be constructed as such. Hoaglun: Okay. Thank you. Watters: Forgive me. There is -- there is about -- I think around 19 or so conditional use permits on this project, so they are kind of hard to keep straight. Hoaglun: I guess, Madam Mayor, my question is if what we end up approving tonight for what is existing, I want to be sure -- does that have any bearing on the next phase? Friedman: Madam Mayor, Council Members, yes, it would have some bearing and we would probably have to work with the applicant to come back and if, in fact, the actual Conditional Use Permit approvals for the next phase did include the stucco and we were to go with at least a block construction on the back, whether it remained painted or coated or however Council chooses to address it, then, we would probably want to go back and get a modification to that CUP, so that we are not having to continually kind of second guess ourselves every time we get a phase of development in here. Watters: I'm just -- excuse me. If I could just add to that. I was looking at the Conditional Use Permit file here and it does appear that we did get building elevations Meridian City Council January 6, 2009 Page 39 of 59 for that whole string of buildings there and they do show stucco as a material on the outside. Hoaglun: Madam Mayor, then, if I could ask the applicant to -- his thoughts on -- on what we do tonight is your intent, then, to cavy that forward into future phases? Tamura: Madam Mayor, Council Member Hoaglun, one other thing I explained to the neighborhood is that because of the retail climate there where we are it, it's difficult for us to see in our crystal ball what is going to phase two. You know, we went ahead and included, you know, our best guess of what phase two could be, but it could even be a freestanding building. Maybe it's a school. You know, maybe it's a day care. You know, there is a lot of additional things. I think the other thing that we will do is we will submit a detailed CZC, along with whatever we are going to do in our next phase. So, our best guess of what we think is going to be in the future. In regards to the finish of the building, we are hoping that we can improve the painted masonry, because of the quality of the building, but if we are required to go ahead and -- you know, one is if -- I don't know if you realize what text coat is, but text coat is kind of a thick textured paint, you know, but the detailing that we have on all our blocks in the front of the building would be lost, because of that requirement, because we'd have to repaint our whole building. Our hope is is that we can approve the building as is. We are -- our full intention is that future phases will be the same type of construction, you know, a block construction, you know, metal roofs, steel bar joists, you know, those types of things. You know, probably use more masonry detailing on the front of the building to accentuate the building. So, that's what our particulars are, you know. And, plus, we will go ahead and, you know, do a full submittal, you know, and, again, knowing of what we have gone through now, we don't have a problem of, you know, resubmitting additional modifications to our conditional use, so what we are going to do in the future. Hoaglun: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: While we are still on that subject, I just -- I guess the purpose of text coating it would somehow improve the appearance, but if we are also trying to hide it by adding three more trees -- I guess the decider for me -- I think you said something that typically if you know you're going to text coat something, you do it as frame construction, not block construction that you don't typically text coat a block wall; is that correct? Tamura: Madam Mayor, Council Member Zaremba, I think that -- I think that Planning and Zoning's feeling was that -- for some reason that concrete masonry is an inferior product, unless it's stuccoed, but from -- like I said, from my observation of all the retail that's being built on Eagle Road and, you know, even the projects built on Overland, all of the higher quality projects -- and particularly the larger boxes are all built out of concrete block and all of those prospects -- you know, pretty much a hundred percent Meridian City Council January 6, 2009 Page 40 of 59 were all painted masonry and I believe -- you know, particularly, again, you know, what we are dealing with, the graffiti, you know, things that we have dealt with, that it's our best interest of our long term maintenance of our project to be able to -- be able to paint our buildings and, you know, the text coat will, you know, add some additional texture, but, you know, like I said, you know, it's going to ruin the detailing of the front of our building, you know, for us to try to text coat those little -- you know, the block detailing -- the scored detailing that we did, because we will lose all of that. So, I think the end result is going to be far more inferior than what we have now. We went to great lengths to make sure that our masons did a good job of making sure that we had a nice flat wall. So, if you look at our building and you drive by it, you really can't tell that it's a -- you know, it just looks like a flat painted, you know, masonry surface, so -- you know, the other larger boxes, they look like concrete block walls, so we went to kind of, like I said, special detailing to make sure that it was a very high standard. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Doug, what does your -- what did your plans show when you got the CZC in '07? Did it show stucco and wood frame or -- and, if so, is it the same plans that went down to the building department? Tamura: Council Member Bird, the CZC that was approved on '07 of -- 02-7, was designed as a relatively modest wood frame, you know, OSB stucco building. De Weerd: What you see up there. Bird: Yeah. That's -- just getting some clarification on the building. De Weerd: I guess, Doug, hold on just a minute, because I probably have a question for you, but to staff, is stucco, then, considered differently than the painted, accented, and all the different treatments they did on the current building, is that not equal or maybe even considered more esthetically pleasing than just straight stucco? Friedman: Madam Mayor, Council Members, I think the Mayor really did hit it on the head, I think from an architectural standpoint or from a building design standpoint, you would have a stucco or an OSB finish, but you could have -- without the detailing and so forth, you would have a very bland, uninteresting building. What, in fact, you will hear later on, what we are trying to achieve with our design guidelines is combining uses, combining stucco, and perhaps stone or masonry or wood and so forth in combination to provide texture and so forth. What we did when we responded to the CZC, of course, is we went with what was approved through the CUP and moved that forward to building -- and signoff for building, without making any, you know, qualitative judgments on it, because we were going by what was approved in the Conditional Use Permit. Meridian City Council January 6; 2009 Page 41 of 59 De Weerd: Well, don't you agree with the applicant, though, if you did the stucco treatment you would lose some of the esthetic detail and differences that currently exist? Friedman: You could. I think we were looking at, Madam Mayor, Council Members, looking at those areas of the blank walls or the construction -- construction block and not the facade changes. I think the front facade, yeah, I would agree with the applicant -- De Weerd: So, primarily, you're looking at the two sides and the back having some kind of -- even if he did a -- a two tone with paint that would help break up that back wall. Friedman: If -- Madam Mayor, Council Members, if the Council were inclined to provide some relief back there short of stuccoing it or text coating it, I think we could work with our staff, with Will Thornton and the applicant and if you give us the parameters, whether it's painting -- a combination of painting, landscaping, things like that, to kind of provide a little more interest or break up some of that blandness of the long wall there. De Weerd: Well, yeah, because all I see in the first -- the CZC is one blank wall of stucco and now you have one blank wall of painted concrete, so you're trying -- the objective here is to break it up; is that -- Friedman: I think the -- Madam Mayor, Council Members, the original objective in going forward was trying to stay with -- within the spirit of the original conditional use approval and I think the Planning and Zoning Commission, in their deliberations and based on some of the testimony they received, thought, well, maybe stucco isn't the best way to go at this point, particularly given the fact the building's been built. So, their compromise was the text coat, which could be applied to the existing brick in and of itself, rather than requiring the stucco. Again, if the Mayor and the Council are inclined to want to do something different back there, give us some parameters, we would be happy to come up with some ideas for that or work with the applicant, whether it be through a combination of painting, landscaping, something like that. De Weerd: Doug, I guess my question to you is in talking with the neighbors -- and maybe we can ask Mr. McDaniel for a response as well -- what -- what are they looking for? Are they hoping to break up that big blank wall and do you have some ideas of a compromise to help reduce the boredom of a blank wall or what? Tamura: Madam Mayor, you know, in all the conditional use meetings that I have had, I have really only had one tum out and we had the potential of a tire store in the front out pad in between the Smokey Mountain Pizza and the car wash and we probably had a dozen neighborhood, you know, show up for that meeting and protest, you know, that type of user and I told them because of the support of the neighborhood that I would back off on trying to get one of those uses approved, even though it's an allowed use in the general commercial zone. Other than that, the input of the neighborhood, with the exception of Jack, which is the guy that lives directly behind our building and his Meridian City Council January 6, 2009 Page 42 of 59 objection to the color of the building, I haven't had any, you know, comments directed towards our project, except for Ryan's, you know, comments that he's made. You know, the additional nine neighbors -- you know, I'm assuming that Ryan is speaking to, you know, until this evening I haven't had any input that we are doing anything wrong. In regards to that rear wall, again, that was what was approved in the CZC in reviewing all the other commercials that's along Eagle Road, it's -- that's just kind of the standard construction type of the back of a shopping center. The one thing that I could suggest to break that up -- we wouldn't have any problem of going ahead -- we have got service doors that -- that access the back of the building, so, you know, I wouldn't have any problem of accenting or repainting all those doors and frame to go ahead and break that up. The down spout that we have there, I'd like to have them stay invisible, so I'd like to keep them painted the same color as the wall color. I think the addition of the three pine trees, you know, plus the four ashes that we have, will -- you know, particularly will break that elevation up, but as far as the neighborhood complaining about a blank wall in the back of a building, I think that's just the nature of the beast and we really haven't had any comment. Really, the only comment that I've had was those lights in the front of the building, but we are planning on removing those from the site lighting. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: We are not looking at it right now, but my recollection of the elevation provided with the CZC was that along the top -- I'm referring to the north wall of the building, which is the -- okay. That appears to have some kind of a soffit or a decorative treatment at the top of it that is not appearing on the existing building, so that would have been some interesting treatment that isn't currently there. I like your suggestion of painting the doors a different color, as opposed to having to do all of the stucco or adding the soffit or any -- anything like that. But just -- and I'm trying to remember which building it is. It may be the back of the Lowe's or it may be the back of the -- is it a Target that's on Eagle and Chinden I think, where it is a flat wall like you have now, but like three-quarters of the way up the wall they painted a three foot high alternate stripe all the way across the top, which if you're going to repaint the doors, for instance, to a darker complimentary color, adding a stripe like that to me would satisfy the problem and that's just me. I'm not convinced that we gain anything by trying to stucco over this and, then, painting the stucco -- I think working with what's already there, painting doors an alternate color and maybe adding a painted stripe at somewhere between the doors and the top probably would satisfy me. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Sonya, did I understand you right to say that -- that the tree buffer you want -- in the back you wanted to be able to cover 70 percent of the building, is that what I heard? Meridian City Council January 6, 2009 Page 43 of 59 Watters: Madam Mayor and Councilman Bird, yes, that is per the staff -- Bird: And we are worrying about how painted it is when you're only going to be able to see 30 percent? Watters: Doug's asking for a lesser amount of trees to be planted than what staff required. However, it looks like the police may have, you know, an issue of crime there. De Weerd: I think it's all in the placement, but let's ask Mr. McDaniel for his comment and, then, hopefully, we can wrap this discussion up. McDaniel: Ryan McDaniel. Thank you very much and did want to just echo that Doug's done a really good -- or Devon Park, LLC, has done a very good job with the entire site. Sonya, may we, please, put up the photo that shows the wonderful front -- or south facade and, then, the rear facing on the bottom? From an urban design perspective I can see we have a modulated building material front facade that's very interesting. It has depth and height and it has variable cornices and it's also featuring soffits and multiple different sorts of masonry, as well as different color schemes associated with the wonderful tile roof and there is a bike rack in the front and some great landscaping. De Weerd: We like the front, too. McDaniel: The south facing, the top picture. The rear of the building to me bears to semblance toward the front of the building, with the exception of the color. I would describe it as a DVD player. You can see where the plug goes in. Sort of funny. Meant to be a joke, but maybe not. Can we go to the photos that show Kohl's and Lowe's from the rear? I did want to move on to just a few things and, then, I'm going to wrap up. I really appreciate your patience and thoughtful consideration. The developer mentioned the retail tire outlet facility and we did come and we showed videos of impact wrenches and showed that those were not compatible uses abutting a residential zone and the developer was amicable to that and we are not here under that pretence and we are in support of the developer on variable components. Secondly, the school day care are not permitted under the development agreement and those are two things which, again, this is the change element that's sort of a shock for us, because we are not professionals to keep up with this as a whole. Thirdly, the original building was approved with textured coating and a soffit cornice in the rear and that was not the building that was constructed. Also, all of the buildings on Devon Park one and Devon Park two have a textured coating on their rear facing walls. This is the only building that would not have that and it faces a street. There are other buildings which face property lines which have more interesting architecture. And, lastly, if it's going to come down to the esthetic appearance of the wall being textured or nontextured, varying elevations, depths, colors, and other interesting architectural elements, we would prefer to place emphasis on that, rather than stick that out for the trees, because the trees may pose a public safety hazard as a possibility and so with that we would be willing to let the trees go, but, really, we want to make sure that we are using quality building materials and staff identified this is not being of quality building material. The P&Z recommended the Meridian City Council January 6, 2009 Page 44 of 59 same. We are in support of P&Z and staff and you in recommending an interesting back of this building be constructed. Oh, yeah. One last thing. Go up to the second building or the first building. I don't have a mouse, so it's hard for me. Watters: Which building? McDaniel: Lowe's. All right. That one. Do you see the elements which I have just described? We have a depth element, we have a soffit, we have a parapet or a cornice and we also have surveillance and multiple colors and there was one other one that was pretty interesting earlier. I'm glad we were shown these today. Hoaglun: I think, Mayor, he's the first one we have ever had that picked up the pen and actually did something with it. De Weerd: You're far ahead of every applicant we have had. McDaniel: This rear of the building -- I'm not sure which one it is. You can see that it is also textured and has interesting architectural elements. And with that I will just end and I thank you again. De Weerd: Thank you. McDaniel: Is there anything else? De Weerd: No. No questions. Pete. Friedman: Madam Mayor, Council Members, I'd kind of like to help you bring this to a little closure tonight. De Weerd: That would be appreciated. Friedman: What I'd like to do is recommend that we continue this until the 27th and give -- give our staff -- give Will Thornton an opportunity to kind of take some of your direction and your thoughts about what could be done to at least nonstructurally give some interest to the back of that building and maybe work with Elroy in terms of some tree placement and numbers of trees and things like that and, then, come back to you with a recommendation in a couple of weeks. Will's a trained architect and if you have some parameters you would like to provide us with and just allow him to kind of explore some options on that, so that -- if that's acceptable to Mayor and Council. De Weerd: I don't know if it's appropriate for us to design it, other than if the Council would ask the applicant to come back with something that they would like to propose that we can respond to or perhaps Doug can work with Will and see what you can bring back in a week or two. Doug, does that work for you? Meridian City Council January 6, 2009 Page 45 of 59 Tamura: I would be more than happy to work with staff on some alternatives on that. So, is our main concern just that back elevation? De Weerd: It sounds like that's the primary concern. I know that staff was not concerned with the east end. The west end had windows wrapped around the side, so it definitely broke it up, but, Council, did you feel something more than just the back side of that building needed some further discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I felt that the south and west ends were an improvement from what was originally there. It is the north end that I think some kind of treatment needs to be done to. My question that I would add to that is since we are really talking about esthetics, do you have anybody ready to occupy it that we would be delaying on this and -- for the esthetics, which I think we can work out? Tamura: Council Member Zaremba, potentially we have a -- we just met with a tenant today that would like to occupy the first of March. If there is a way that we could potentially -- you know -- and that's why I put that one condition in there that if we could bond around a situation of whatever the Council decides. You know, again, I think our biggest detriment is if we had to change the texture of our building. You know, whether we add additional paint or additional landscaping, that's fine with me. But if we can go ahead and somehow bond around that, that we would go ahead and submit for TI or if there is a way that we could go ahead and at least let us submit for a building permit, have that process going, you know, prior to the hearing on the 27th. You know, those are some ideas, maybe, that we could work with. De Weerd: Pete. Friedman: Madam Mayor, Council Members, I -- you know, again, I think if they come back with some ideas to work with Will on, that would be appropriate. I do think one thing we do need to resolve also is the trash enclosure. It is not in a location that would be approved by SSC and we really do need their input. It also is not of a design that would have met our standards and so we would like to see that located in a place where SSC can get to it and have it be designed consistent with city standards. De Weerd: Mr. Hoaglun. Hoaglun: Madam Mayor, I -- that was one of my comments I wanted to add. You know, I wanted to see -- I don't think this project needs stucco or text coating in the back, I think if there is a way just to kind of break it up at a -- without spending a whole lot of money, I don't think we need to be onerous here on this project, but at the same time I'm a little leery of making neighbors -- you know, the design review team, because, you know, like color, everyone has their own ideas of what it should be and we will just be Meridian City Council January 6, 2009 Page 46 of 59 chasing our tail all the time, but the trash deal did bother me. I think we need something that would be approved by SSC and something that's functional and not necessarily out front, so that's where I was going. If we were to keep going on that, that would be something I would be wanting to fix for tonight. Tamura: Madam Mayor, Council Member Hoaglun, if we can condition the additional trash enclosure that we'd have installed prior to occupancy of the tenants, we would be more than happy to go -- because I think that would give us enough time to be able to have asphalt and access, you know, our rear trash enclosure located behind the building. So, if we can condition it like that, that we could have that prior to occupancy of the space, we would be more than happy to go ahead and add an additional trash enclosure. Hoaglun: Okay. De Weerd: So, I guess, Doug, is a week enough time? Do you need two weeks? And that would be a question for you. Tamura: You know, I'd be willing to meet tomorrow. So, if we could schedule for a week would be -- De Weerd: Okay. And -- Tamura: -- would be my preference. De Weerd: -- I guess I would ask staff -- we don't want to delay a TI because we are trying to find something that we can approve and have it in front of us, but at least accept the -- the plan, so that the review can begin and we don't delay a building permit for aTI. Friedman: Madam Mayor, Councilmen, if he submitted for a CZC and the TI, of course, we would go through the normal review process, but they would not be released until Council has made a final determination on this review. De Weerd: So, you can do it concurrently. If Council takes action next week, it could be released at that time, if the review were done? Friedman: He'd have to submit the CZC after Council review, because right now he's not in compliance with any of his permits. De Weerd: Okay. I guess if Council asks that you can run this concurrently, can you do it? Friedman: I'm not sure what he can submit. If there is -- I'm just trying to think on the internal TI if he could probably have those under plan review. So, since he doesn't know what to submit for the CZC, the only thing I can think of is we are going to have to Meridian City Council January 6, 2009 Page 47 of 59 walk this very carefully with building, so that we can coordinate with an approved CZC when the TI plans have been finished and reviewed. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Doug, how long -- how long is it going to do to take -- do your TI to get them in by March 1 st? When do you have to start? Tamura: Typically it takes us a month to do a TI. Bird: How much? Tamura: A month. So, if we could have a building permit ready by the first of February. Now, in regards to the TI, I don't believe a CZC is required for a TI, you know, since it's just an interior building permit. I'd have to check with the building department, but I -- Friedman: Well, actually, you probably need to check with us, because we are the ones that issued the CZCs and since we don't have an approved -- since we have a plan that is out of approval right now, unfortunately, we can't issue the CZC, which would be necessary to secure that building permit. So, what we are trying to do, as indicated, is trying to facilitate at least a review of those internal structural components for the TI, but allow us to come to some closure on this and, then, process the CZC. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Pete, if we -- if we was to act on this next week and was positive, he would -- then, he could apply for his TI immediately. He can't apply now -- I know he don't have to have a CZC, but the building has to have one and he don't have one. Friedman: That's correct. Bird: And so for his TI you don't have to have a -- apply for a CZC, but the building has to have one and right now this building don't have one. So, if we pass it next week, surely a week to ten days we could get him a building permit, couldn't we? Friedman: And, Madam Mayor, Council Members, we could -- we could condition -- or we could work with building to condition that TI that they go ahead and review it, but it not be issued until the CZC is -- is approved and should Council -- or when Council approves this matter, disposes of this matter, it could be in the next day also for a CZC Meridian City Council January 6, 2009 Page 48 of 59 review in addition. So, we could have the TI going, we could have the CZC going literally the day after Council disposition on this matter. De Weerd: Okay. Bird: Is that agreeable? De Weerd: That was what my question was. Friedman: Sony if I didn't answer it directly. De Weerd: Okay. Tamura: That would work for us. De Weerd: Okay. Anything further from Council, then? Bird: One thing. De Weerd: Mr. Bird. Bird: Madam Mayor, I move that we continue public hearing AP 08-007 to January 13th, 2009. Zaremba: Second. De Weerd: Okay. I have a motion and a second to continue this item to next week, the 13th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 19: Public Hearing: CPA 08-011 Request to amend the Comprehensive Plan by adding the Design Manual as an addendum for Design Review by Meridian Planning Department: Item 20: Public Hearing: ZOA 08-002 Request to amend and add to the current provisions of the Unified Development Code (Title 11 of Meridian City Code) relating to adoption of a new administrative design review process and associated implementation procedures for Design Review by Meridian Planning Department: De Weerd: Okay. Item 19 is a public hearing on CPA 08-011. This is design review. Mr. Nary, would I open both 19 and 20 or one at a time? Nary: Madam Mayor, Members of the Council, I think you can open them all, because I think it's all related, so -- Meridian City Council January 6, 2009 Page 49 of 59 De Weerd: Thank you. Item 20 is a public hearing on ZOA 08-002. 1 will open these two public hearings on Items 19 and 20 with staff comments. Friedman: Thank you, Madam Mayor, Council Members. While Will's getting set up here, I just want to give you some background on where we are at tonight. Tonight actually culminates nearly two years of work on the city's expanded design review process and guidelines. it's a Comprehensive Plan amendment that would adopt the Meridian design manual as an addendum to the Comprehensive Plan and, then, we have some attendant UDC amendments that would help us implement design review. There is some amendments on applicability, on processing, and so forth. Between January and June of 2008 Meridian Planning staff and the design review steering committee made up of 13 professionals and developers, landscape architects, and architects, as well as Council President Rountree, met to work on the draft guidelines. Upon completion of that draft, staff took it around throughout the community, we made presentations to the Meridian Chamber of Commerce, Economic Development Committee, the Building Contractors Association, the Development Council, the Ada County Realtors Association, and the Central Idaho Section of the American Institute of Architects. You will recall that back in September Council, Mayor, and the P&Z met and received a very detailed presentation by Will Thornton on our draft guidelines and we were looking -- you know, making sure all the way along that we were headed in the right direction. Finally, this culminated with a public hearing before the Planning and Zoning Commission on November 20th of 2008. In attendance at that meeting, speaking in favor of the proposed amendments, were Casey Huse and Westcott Edwards. There was no opposition. There was nobody generally commenting. In terms of written testimony, there was a letter from Steve Martinez of the Building Contractors Association expressing concern about -- in essence -- I will paraphrase it -- another level of regulation and just wanting to caution us about the kinds of legislation we might be passing and its effect on the building industry. We also received a letter of support from Mr. Westcott Edwards. Upon completion of the hearing there were no real key issues that were brought up by the Commission and -- but there was a couple of changes to the staff recommendation and they brought up a question about what would be, in essence, the -- the life span of a design review approval and we said, well, it made sense that we could tie it to an underlying permit, for example, if it were a Conditional Use Permit, then, the design review associated with that Conditional Use Permit would be the 18 months that the Conditional Use Permit has a life. If it were a CZC, it would run with the life span of that CZC if it weren't exercised. So, with that, the Commission did recommend approval and subsequent to that there is really only one outstanding issue and it was one that staff has raised and I think our previous discussion kind of highlights it, it's one of those matters of our internal communications with the building department. When we were meeting with you, the direction we were given is that design review should apply to single family attached and duplex structures. Currently, those are not required to obtain a CZC, so under our current regulations it's likely that a building permit application could be made for a duplex or singe family attached structure, go straight to the building department, we would never see it, thus we would never see it for consistency with the design review. So, after discussing it Meridian City Council January 6, 2009 Page 50 of 59 with the inspection services, the recommendation from them and our recommendation is that in addition to the various text amendments -- UDC text amendments that are included with the Planning Commission recommendation, is that there be an additional amendment that would remove the exemption of single family attached dwellings and two family duplex dwellings from the applicability provisions of the certificate of zoning compliance. In other words, duplexes and attached -- single family attached would require CZC and, thus, be subject to design review. So, with that background, I'm going to turn it over to Will for a presentation on the guidelines and, trust me, this is the abbreviated version from what you saw back in September. So, with that I will turn it over to Will for his presentation. Thornton: Madam Mayor, Members of the Council. Thank you, Pete. As Pete says, this is the abbreviated version that was also shown to Planning and Zoning Commission. It's, basically, just a setup of how the manual is organized, what it contains, and what its purpose is. These are some of the major objectives that went into design review overall, but were incorporated into the manual. There was a need to organize a hierarchy for development based on appropriate context throughout the city. There was a desire to encourage creativity and innovation in development. There was a need to provide direction for development and help them create quality built environments. And the city's desire to promote and create an attractive and livable community. The manual creation, it began with staff research on design review and related topics. Staff developed an organizing tool to assign design guidelines and direct development to appropriate context. If you recall, that would be the development matrix, which we will see later. Staff drafted design guidelines and we convened a steering committee to help review those and direct those guidelines. And the steering committee consisted of architects, developers, builders, and other representatives from the community. This is the -- the design manual that was created. We have had a draft that was dated in October on our -- available on our website for the past few months. There is the contents. The contents contain an introduction, a set of guiding principles similar to the guiding principles that were found in the previous downtown guidelines. There is an applicability section which mirrors the applicability in the UDC code changes. There is a how to use the manual. And, then, the manual is divided into five sections, one for addressing development context and for the guidelines themselves. And, then, followed up with an appendix for terms and definitions. Section A is for development context and character. This is where we find the matrix and it helps establish development hierarchy for the city and directs developers and development to fit within a context and create quality environments. And it also leads potential development to a set of guidelines that would be most appropriate. Here is the section -- Section A also contains the development matrix. The applicability of the matrix would apply to anything -- any applications that are subject to administrative design review. And, then, it's also encouraged for other planning and anticipating appropriate growth and development context. It can be used as a tool for future development. The structure of the matrix -- it's a five by five, it consists of three groups, land use, our zoning, and the development categories. And its purpose is to integrate comprehensive planning on our zoning code and the appropriate and anticipated development hierarchy and context. Here is a close-up view of the matrix. There are 13 squares that we call Meridian City Council January 6, 2009 Page 51 of 59 matrix results and each square contains a number and a letter that represents zoning and land use group and an associated value or color that would refer to the development character. Here is the general process and use of the matrix. This is the sheet that's contained in the manual and here is a close up of that process. We begin by taking information from the subject property on its land use, if it has a current zoning or a proposed zoning. Its uses, intensity of those uses, and what's going on or what's planned in the surrounding area. We use the matrix to determine a result. That result refers to a general development context and, then, that context determines applicable guidelines. And, then, development would use those guidelines, the context, and the -- our zoning code to carry out their project and meet design review. This is a summary. This worksheet summarizes the process. It contains all of the groups and our land use designations, our zoning districts, and the development categories. Okay. So, the -- the remaining four sections of the manual contain the guidelines and they are divided into four sections. Section B is for urban development. Section C is for an urban suburban development. And these are intended to focus on creating transitional areas throughout the city between intense uses and densities and lower uses and intensities. And, then, the third category is Section D, which is for suburban development. And, then, these three categories are divided -- have guidelines and they are -- the guidelines are divided into site character, which addresses topics such as access and connectivity, orientation and layout, parking and public and open spaces. There is a second section that deals with architectural character or the appearance of buildings and structures. They tend to focus on building scales, building form, architectural elements and materials. And, then, there was an opportunity to address specific criteria. In this case neighborhood centers under Section D, suburban. This is the third category. And they are -- in addition to the guidelines, the site and architectural guidelines, and they offer additional guidelines for specific types of development. And, then, the final section is for residential developments and the guidelines contained in this section are based -- are, basically, general guidelines for residential developments and they are intended to be used with an appropriate section, either urban, urban suburban, or suburban. And Section E also contains guidelines for site, guidelines for architecture. And, then, finally, we have terms and definitions. And so that's how the manual was set up, created, and its contents. De Weerd: Council, any questions? Hoaglun: Just a comment, Madam Mayor. It's kind of nice to see something that I actually saw the first time it came through. De Weerd: I know. I told him the honeymoon's over. Hearing nothing, this is a public hearing and I would open it up for any public testimony. Good evening. Edwards: Good evening, Madam Mayor, Council Members. My name is Westcott Edwards. I live at 3486 West Angelica Drive in Meridian. De Weerd: Thank you. Meridian City Council January 6, 2009 Page 52 of 59 Edwards: I am the principal and owner of Ruby Edwards, architecture and design. I'm also the president elect for the AIA, Idaho Central Section, here in the Treasure Valley. In early of 2008 1 was contacted by the planning staff to participate in the steering committee to draft these guidelines. It was my pleasure over the course of last year to work with them on -- on that committee. It was -- we had extensive discussions over the language in that -- in the guidelines that allowed them to be that, guidelines, and not strict, rigid, principles that are hard to -- as far as the architectural and development community, to work around. In other communities they are pretty strict and if you're in C-4 zone you have to use XYZ materials. And we were -- I think the process which the planning staff and our committee worked through is that we were able to establish parameters that recognize that good design can come in various ways. It doesn't have to be through specific materials, it's doesn't have to be inflexible. It was our pleasure that -- to see that they set a goal, an objective, so that we in the design community understand what the city wants to see in each of those guidelines and allows us the freedom and flexibility to -- to derive at a solution to accomplish that object. It's my hope that if these are adopted tonight, that issues that were in the previous agenda item can be avoided. I have been practicing architecture in the Treasure Valley here for almost 12 years now and it's been my passion to try to get the development, especially in Meridian, to become more than just a one-sided architectural approach. There was previous testimony tonight on the other application that it was the nature of the beast with these big developments to have these big expansive, long block walls on the back of buildings. It doesn't have to be and it doesn't have to cost a lot of money to make them appealing and I think through -- through the steering committee and with the planning staff, we have been able to draft these guidelines to make that feasible. I think that the -- you know, the -- some of the other concerns that I have heard personally were just mainly over the matrix in trying to understand the matrix. But I think Will's got it down -- explained it well enough tonight that it's -- it's getting easier to understand and I think as the applicants come forward with their design review applications, they will be able to -- the staff will be able to walk them through that process pretty easily. It's also my feeling that as these design guidelines go forward that it will continue to make Meridian a place that developers and development is encouraged to come and make Meridian a better place and a better place for us all. And with that I will answer any questions, if there are any. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Zaremba: Thank you for your work, your contribution. De Weerd: Yes. Thank you. Any other testimony? Okay. Bird: Madam Mayor? Meridian City Council January 6, 2009 Page 53 of 59 De Weerd: Yes, Mr. Bird. Bird: I did not see -- maybe I missed -- the letter from the BCA. It's not in our -- Friedman: It was in the packet. It should have been transmitted. Let us pull up the staff report on that for you. Bird: I couldn't find it here. I could have missed it, Pete. Friedman: That's all right. We will get it up for you. De Weerd: I remember seeing it, but don't -- not in the packet, but when it came out. Canning: Madam Mayor, while there is a pause I might -- I notice some concern with regard to some of the residential discussion and if I could back up a little briefly and provide a little more detail on that. With regard to detached single family housing, what we have provided is some general guidelines that the Council may or may not wish to include within a development agreement that would just kind of set the standard for what the city expected of detached single family homes. With regard to the attached homes and duplexes, we don't get many in the City of Meridian. They have been a problem in the past. You may remember the property on the southeast comer of Ten Mile and Pine had attached duplexes. So, they were, essentially, four-plexes, but they were attached duplexes and because they were attached duplexes they slipped through the system without a review by the Planning Department and the buildings that were built did not match what was approved by Mayor and Council and was significantly worse, unfortunately. We learned from that and in most cases where folks have proposed duplex, we have written in as part of the plat conditions or the conditional use conditions or the DA provisions that they come in for a certificate of zoning compliance, even though the code doesn't really require it. So, it's not a significant onerous requirement or an additional onerous requirement than what we have been generally requiring. This would just codify it, rather than make it on a case-by-case basis, which is probably more appropriate. So, I did want to provide a little bit of that background, because we have -- there have been issues -- most of the time those duplexes or attached single families, we are aware of them when they -- when they enter the process. There may be cases -- limited numbers where an older home is removed from perhaps some of the areas around Old Town where someone puts up a duplex, so that would be a new application of that. But again -- and it's probably an appropriate application as well. So, I just wanted to provide that clarity on that issue. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: I did have a question along that line, because as we expand into rural areas with these subdivisions, there are older homes sometimes that are -- they are inside the subdivision, but they are older homes and, then, they get eventually tom down and Meridian City Council January 6, 2009 Page 54 of 59 something -- part of the subdivision. How does that work -- how would this fit in that situation? What's the oversight, what happens in that situation? Canning: If it was a single family detached home, nothing. They would -- they would go forward. Hoaglun: Okay. Canning: With just a building permit. Hoaglun: Okay. Great. Thank you. De Weerd: Any other questions from Council? Okay. Council, we have a public hearing that's open. If you have no further questions for staff or comments of -- flowery comments of gratitude and job well done for Will, I would entertain a motion to close the public hearing. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would say nice work and nice presentation both. Canning: Madam Mayor, I think there is other folks in the audience that -- De Weerd: Right. I had asked -- Canning: Okay. De Weerd: -- but no one moved. Would you like to provide some testimony? Good evening. Whalen: Good evening. Madam Mayor and Council, my name is Brandon Whalen. My address is 3605 Kippling in Boise. I was one of the members of the steering committee and I would just like to say that staff did do an excellent job stewarding us through this process, because they were very clear that they did not want this is to be onerous regulation and to be strict and to hinder development as the developer would see fit. I think that it was crafted in a way to insure there was quality development and insure that they acknowledge the existing built environment and that things would relate to one another, but they did not construct it in a way that it would be problematic or raise costs or just be onerous. So, I think that the -- the staff did -- the gentleman from the building association -- I think that -- I think that his concerns were felt throughout this entire process and so I was proud to be a part of it and I think it will be a good development tool for the City of Meridian. De Weerd: Thank you for your comments. Any questions? Meridian City Council January 6, 2009 Page 55 of 59 Bird: Yeah. Mr. -- De Weerd: Sir. Bird: Mr. Whalen. Mr. Whalen. Whalen: Yes. Bird: Are you a developer, builder, architect? Whalen: I work for Hawkins Companies, which is a commercial development firm in Boise. Bird: Okay. Know of you quite well. Whalen: Yes. Bird: Thank you. Whalen: You're welcome. De Weerd: Appreciate your involvement as well. Hoaglun: I just had one quick question for staff. Then, that addition for the duplexes and single family homes, is that incorporated already in the comprehensive -- in the amendment to the Comprehensive Plan or is that something that you needed additional to tonight? Friedman: Madam Mayor, Council Members, we just -- we have that as a recommended amendment to the amendments, so we have that specific section that we would request that you include with all the other amendments. And that would be to also include text change to UDC Section 11-5B-1 B. De Weerd: Okay. Anything further from Council? Or staff? Council, would you like to close the public hearing on this one? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move that we close the public hearing on CPA 08-011 and ZOA 08-002. Zaremba: Second. Meridian City Council January 6, 2009 Page 56 of 59 De Weerd: Okay. I have a motion and a second to close the public hearings on Item 19 and 20. All those in favor? All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of CPA 08-011, request to amend the Comprehensive Plan by adding the design manual as an addendum for design review and also that we approve ZOA 08-002, request to amend and add to the current provisions of the Unified Development Code relating to adoption of a new administrative design review process and associated implementation procedures for design review. De Weerd: Thank you. I have a motion. Do I have a second? Zaremba: Did the maker of the motion want — De Weerd: At least a second for discussion. Hoaglun: Oh, yes. Zaremba: Second first. Okay. Now -- Hoaglun: I'm sorry. And also I meant to include the staff recommendations that they have provided to Council regarding the expiration of permits and also for the changes removing single family attached dwellings and two family duplex dwellings language that they have also provided. Zaremba: Second. De Weerd: I have a motion and a second. Discussion? Hearing none, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council January 6, 2009 Page 57 of 59 Nary: Madam Mayor, Members of the Council, just for your -- I guess just for your information, we will be bringing back a resolution on the CPA and, then, an ordinance on the ZOA. So, just so you know you will see that again on your agenda. De Weerd: Thank you, Mr. Nary. Hoaglun: And I would assume, Madam Mayor, this is just the beginning, there will be some tweaks and fixes and things as we go along in this process as we -- as they learn the process, the developers and everyone else, and you work with it, I think there will be some fine tuning to the whole thing. Friedman: Madam Mayor, Council Members, absolutely. We already have had some discussions in house and as I also recall when we had one of our last Council briefings, Council President Rountree had expressed his desire for -- once we are up and running, coming back to Council in about six months or so to give you a status report on how it's working, you know, the -- all the good and the not so good. So, Will and I in our discussion today, we were talking and saying, well, you know, let's mark down June -- somewhere around the end of June to put together a status report to Mayor and Council. De Weerd: Thank you. I'm sure that pleases Mr. Bird. Bird: I'm sure that we will not only hear from staff, we will hear from developers and builders if there is problems. I hope there isn't. De Weerd: Well, what we have found is no matter how hard we try to see it from every angle and consider every pothole, it's -- it's absolutely impossible, but what staff has always been committed to is finding those potholes and seeing how we can fix them. So, we appreciate all of the efforts by the Planning Department, by the group that supported it and fed comments and made it a valuable tool we hope to see implemented soon. Friedman: Thank you. De Weerd: Did you have -- Friedman: I just wanted to -- Madam Mayor, Council Members -- in fact, it was interesting, because we were in a pre -app today and we have a potential developer coming to the city and their architecture is of a corporate nature and so sort of in keeping with our customer service ethic, they said, well, you know, we have a -- kind of a standard form of architecture and he said we agree with you, we understand that, we know that, and we said we are about ready to put out some guidelines, but Will is available to work with your designers, recognizing there is certain things you require and certain things we want to look at. And so they were very open to that and their designer will be in touch with Will, even before they move forward with any of their applications. So, that's -- and that's something we have committed to all along is that -- Meridian City Council January 6, 2009 Page 58 of 59 as part of the education process it's just willing to meet and discuss these with -- with our clients. Item 21: Ordinance No. AZ 08-004 Request for Annexation and Zoning of 318.74 acres from RUT to R-4 (69.72 acres), R- 8 (192.20 acres) and R-15 (56.82 acres) for Oakcreek by Norpac, LLC — east of North McDermott Road, west of North Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast comers of West McMillan Road and North McDermott; and near the southwest comer of West McMillan Road and North Black Cat Road: De Weerd: Okay. Item 21 is Ordinance No. 09-1393. 1 would ask the City Clerk to, please, read this by title only. Holman: City of Meridian Ordinance No. 09-1393, an ordinance AZ 08-004, The Oaks Subdivision, for annexation of a parcel of land located in the northeast one quarter of the northeast one quarter and the northwest one quarter of the northwest one quarter of Section 33, the south half of the northeast one quarter and the south half of Section 28, all located in 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 to R-4, low density residential district, R-8, medium density residential district, and R-15, medium high 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. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 09-1393 with suspension of rules. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 21. Madam Clerk, roll call, please. Please -roll -call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council January 6, 2009 Page 59 of 59 MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: We are at the end of our agenda. A little bit longer than I thought it would be. Do I have a motion to adjourn? Bird: So moved. Hoaglun: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. MEETING ADJOURNED AT 9:52 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) /X /Z MAYOR TA e WEERDD4TE APPROVED ATTE T: ,•`\\C��� o '�'f' '- JA-Y s CE OLMAN, CITY CLERK = BEAL O 0 January 2, 2009 MERIDIAN CITY COUNCIL MEETING January b, 2009 APPLICANT ITEM NO. S REQUEST Proclamation for Crime Stoppers Month 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 properly of the City of Meridian. 0 LJ January 2, 2009 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT ITEM NO. 6-A REQUEST Approve Minutes of November 25, 2008 City 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: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • January 2,2W9 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT ITEM NO. 6-B REQUEST Approve Minutes of December 2, 2008 City Council 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. January 2, 2009 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT ITEM NO. 6-C REQUEST Approve Minutes of December 16, 2008 City Council Special Workshop 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. January 2, 2009 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT ITEM NO. 6-D REQUEST Approve Minutes of December 23, 2008 City Council Special 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. January 2, 2009 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT ITEM NO. 6-E REQUEST Professional Services Agreement with Bethany Gadzinski for Drug Free Communities Evaluation Services AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: See alfached 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. u • PROFESSIONAL SERVICES AGREEMENT FOR DRUG-FREE C0M[NiUNITY GRANT EVALUATION SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 23rd day of December 2008 ( "Effective Date"), and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY," 33 East Broadway Avenue, Meridian, Idaho 83642, and Bethany Gadzinski, Chief, an individual, hereinafter referred to as "CONTRACTOR," whose address is 2633 West Piazza Drive, Meridian, Idaho 83646. WHEREAS, CITY has received Drug -Free Communities Grant from federal agencies including, but not limited to, the Office of National Drug Control Policy ("ONDCP") and the Substance Abuse and Mental Health Services Administration ("SAMHSA" ), which grant is to be used to reduce substance abuse among youth adults by addressing the factors in our community that increase the risk of substance abuse and promoting the factors that minimize the risk of substance abuse; WHEREAS, as a condition of such funding, CITY commits to provide an annual evaluation of the programming funded by the Drug -Free Communities Grant; and WHEREAS, CONTRACTOR is specially trained, experienced, and competent to provide, 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: I. TERMS AND CONDITIONS A. Scope of Services: 1. CONTRACTOR shall perform and furnish to CITY, upon execution of this Agreement, all services, and comply in all respects, as specified in the document entitled "Scope of Services," a copy of which is attached hereto as Appendix A and incorporated herein by this reference. 2. 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. CONTRACTOR represents and warrants that she will perform her 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. 3. Services and work provided by CONTRACTOR under this Agreement shall be performed in a timely manner in accordance with the document entitled "Performance Metrics," a copy of which is attached hereto as Appendix B and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. PROFESSIONAL SERvicEs AGREEMENT—BETIIANY GADZINSKI PAGE 1 Of 6 • B. Consideration: 1. CONTRACTOR shall be compensated as provided in the document entitled "Cost and Billing Procedure" a copy of which is attached hereto as Appendix C and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Except as expressly provided in this Agreement, CONTRACTOR shall not be entitled to receive from 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, or transportation. Further, without limitation, 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. C. Time of Performance: 1. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on September 30, 2009 unless earlier terminated or mutually extended, or if neither occurs, the term of this Agreement shall be renewed automatically for one-year periods thereafter upon the start of each fiscal year, unless and until terminated by either party in the manner provided in this Agreement. In any event, this Agreement shall expire on September 30, 2013. 2. 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. D. Independent Contractor: 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 shall be deemed an employee of CITY. Except as expressly provided in Appendix A, CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. E. Indemnification and Insurance: 1. CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses and other costs including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by CONTRACTOR and/or CONTRACTOR's officers, employs, agents, representatives and/or subcontractors and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property and not caused by or arising out of the tortious conduct of CITY or its employees. PROFESSIONAL SERVICES AGREEMENT — BETHANY GADZINSKI PAGE 2 of 6 • 0 2. CONTRACTOR shall not be required by this Agreement to obtain Worker's Compensation Insurance because she is acting as a sole practitioner; however, should CONTRACTOR, in the course of work related to this Agreement, employ any person, CONTRACTOR shall notify CITY and shall obtain Worker's Compensation Insurance in the statutory limits as required by law. F. Notices: 1. Any and all notices, invoices, and/or reports required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail, certified, return receipt requested, addressed as follows: Lt. John Overton Bethany Gadzinski Meridian Police Department 2633 W Piazza Dr 1401 E. Watertower Street Meridian, ID 83646 Meridian, Idaho 83642 2. Either party may change its address for the purpose of this section by giving written notice of such change to the other in the manner herein provided. G. 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. R. 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 her rights under this Agreement except upon the prior express written consent of CITY. I. Discrimination Prohibited: In performing the Services 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. J. Reports and Information: At such times and in such forms as CITY may require, there shall be furnished to CITY such statements, records, reports, data and information as CITY may request pertaining to matters covered by this Agreement, in addition to the reports enumerated in Appendix B, section 1.3. PROFESSIONAL SERVICES AGREEMENT - BETHANY GADZINSKI PAGE 3 of 6 • K. Audits and Inspections: • At any time during normal business hours and as often as CITY may deem necessary, there shall be made available to CITY for examination all of CONTRACTOR's records with respect to all matters covered by this Agreement. CONTRACTOR shall permit 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. L. 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. 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. M. Compliance with Laws: In performing the scope of services required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments. N. Termination: 1. Grounds for termination of this Agreement shall include, but shall not be limited to: a. Any act or omission by CONTRACTOR and/or her officers, employees, or agents, by which CONTRACTOR fails to fulfill in a timely and proper manner her obligations under this Agreement, violates any of the covenants, agreements, and/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. b. A determination by the Meridian City Council that termination of this Agreement is in the best interest of CITY c. An act or omission by either parry which breaches any term of this Agreement. d. An act of nature, loss of grant funding, or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party. e. A change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Either parry may terminate this Agreement by providing fourteen (14) days advance written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A seven (7) day cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such PROFESSIONAL SERVICES AGREEMENT — BETHANY GADZINsKi PAGE 4 of 6 cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon provision of written notice of termination. 3. In the event of any termination of this Agreement for any reason and/or by either parry, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. 4. Notwithstanding the above or any other provision of this Agreement, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of this Agreement by CONTRACTOR, and CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of her liability to CITY for damages. O. 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. P. Advice of Attorney: Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its respective attorney and/or has received the opportunity to seek such advice. Q. Non -waiver: Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. 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. S. 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. T. Approval Required: PROFESSIONAL SERVICES AGREEMENT — BETHANY GADZINSKI PAGE 5 of 6 0 9 This Agreement shall not become effective or binding until approved by the governing body of CITY. ,r- STATE OF IDAHO ) I HEREBY CERTIFY that on this T; day of 04"-- L1,1 , 2008, before the ss: undersigned, a Notary Public in the State of Idaho, personally appeared BETHANY County of ) GADZINSKI, ]mown or proved to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my officiaa��tj�y and year in this certificate first above p••� y-413 '••,� Notary Public,_or Idaho ti �® Z ' Residing at (,� , Idaho 100" , ,) 0 O r- • My Commission Expires: 2 -Za it % �0•.16 z CITY OF MERIDIAN: ®s���s�c ,� _ p 4^� �� •'••t` r p � BY: TAMMY D W DATE MAYOR Attest: `°\�,��� ►� �► �,r,,,���` JAYCEE H N — BEA.L — CITY CLERK PROFESSIONAL SERVICES AGREEMENT — BETHANY GADZIN$KI PAGE 6 of 6 • • January 2, 2009 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT ITEM NO. 6-F REQUEST Resolution — Room Reservation Policy 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: See affached Contacted: Date: Phone: Emailed: ,sTaTT mmais: Materials presented at public meetings shall become properly of the City of Meridian. • • CITY OF MERIDIAN RESOLUTION NO. 0!2 — & 7 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN ADOPTING PUBLIC MEETING SPACE RESERVATION POLICES AND REGAULATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Hall facility and the Meridian Police Department building have rooms that are available for limited public use; and WHEREAS, it is the desire of the Mayor and City Council to regulate the use of the public meeting spaces; and and WHEREAS, the Mayor and City Council have adopted a fee for the use of these rooms; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the public meeting rooms in City Hall, designated Rooms "A" and `B" and the designated public meeting room in the Police building are available for rent by the public. Section 2. That the Mayor and City Council have imposed a fee schedule for this use and adopt the attached Exhibit "A" as the policies and regulations for the use of these facilities; and Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this lDt1k day of uQ , 2009. S APPROVED by the Mayor of the City of Meridian, Idaho, this day of 92009. APPROVED: r T d Weerd ATTEST: �TFo � s By: �L = aycee lm ,City Clirk C RESOLUTION ADOPTING RESEIt, IaMsq'A�ND REGULATIONS FOR PUBLIC MEETING SPACE IN CITY HALL AND THE MERIDIAN POLICE DEPARTMENT- PAGE I of 4 • of Meridian Public Meeting Space Reservation Policies and Regulations 33 East Broadway - Meridian, ID 83642 - (208) 888-4433 1401 East Watertower - Meridian, ID 83642 - (208) 846-7300 www.meridiancity.org The City of Meridian will make meeting space, in City Hall and the Meridian Police Department, available for public use, subject to compliance with the following policies and regulations: CONTACT • Meeting rooms and spaces are available on a first come/first serve basis for public use in the Meridian City Hall (33 East Broadway) and the Meridian Police Department (1401 East Watertower) Monday through Friday only from 8:00 a.m. to 9:00 p.m. (excluding holidays) [The days or hours may be extended upon request, but may be subject to additional terms or conditions]. • Requests for reservations for City Hall meeting rooms may be made by contacting the City Clerk at 888-4433; requests for reservations for the Meridian Police Department may be made by contacting the Records Section at 846-7300. Reservations are not final until they are confirmed by the City. • The room at the Police Department, designated police public meeting room, and the rooms at City Hall that are designated "A" and `B" shall have a charge for their use unless there is a stated exemption in this policy. • The Council Chambers or Council Executive Conference room may be requested by the Mayor or a City Council member only. Staff must be present for use of the Council Chambers. • Reservation and use of City facilities are subject to payment of fees as set forth in the fee schedule provided. • Police public meeting room and City Hall Rooms A and B are meeting rooms for the general public • Council Chambers are for public hearings. The Council Conference Room is not for public use. CONDITIONS OF USE OF CITY MEETING ROOM City Commissions and Committees and other City -sponsored meetings and activities have priority use of building facilities at all times. If the City must cancel a reservation, all fees paid will be refunded. Cancelation may be made without prior notice. RESOLUTION ADOPTING RESERVATION POLICIES AND REGULATIONS FOR PUBLIC MEETING SPACE IN CITY HALL AND THE MERIDIAN POLICE DEPARTMENT- PAGE 2 of 4 • The improper use or abuse of the facility is subject to immediate cancellation of the event and ejection without the return of the accompanying fee. • The Police public meeting room and the rooms A and B at City Hall are available for rent by the general public. Their rental is for meetings only and may not be used for any parties, holiday gatherings, displays, shows, "for-profit" ventures, and other commercial enterprises, unless specifically authorized by the Chief of Police for Police Department facility or the Mayor for City Hall. "For profit" ventures may require additional fees, terms, or conditions. • No furniture may be removed from or added to the room without authorization. • Any damages to the building, furniture, or equipment will be the financial responsibility of the reserving party. • All facilities must be vacated by 9:00 p.m. unless prior arrangements are made. • Requests for reservations and payment of fees must be made 7 days in advance, but may be made no more than 30 days prior to the day of use. Standing reservations shall not be accepted except as designated. If a room is available the time limit may be waived, but the fee must still be paid prior to use. • Reservations will only be accepted from persons 18 years of age or older. • Reservations shall not be considered final until all applicable fees have been paid and approval has been granted. Requests are still subject to the cancellation conditions found in the terms of this Notice. • Refunds will be made only for reservations cancelled at least 48 hours prior to the scheduled use or due to the City's cancelation of the event. • City staff cannot provide coffee, supplies or office support. • Violations of these rules may be cause to prohibit future reservations. ROOM SPECIFIC CONDITIONS Limited food may be allowed in the meeting space. No hot foods (other than pizza hot serving dishes. Please discuss at the time of the reservation to acquire approval. Beverages such as coffee, soda, or water are allowed only in appropriate containers and with lids if appropriate. Reservations shall be limited to the room or facility expressly reserved and shall not include additional areas, unless a reservation has also been made for the additional areas. This does not exclude the use of the common area of the building, restrooms, or drinking fountains. The electronic equipment in the room is not for use with the room reservation unless the renter has been properly trained to use it or the City staff is available. There may be an additional charge for this use. If there is need for connecting cords or speakers they may be checked out on the day of use. Request must be made in advance. Be advised that the City may not have all the equipment you may need so you may need to provide your own. • The reserving party shall be responsible for all set-up, takedown, and return of tables, chairs, or any other furniture or equipment to the proper location in accordance with the floor plan provided by the City. This needs to be accomplished during the reserved time of the room. RESOLUTION ADOPTING RESERVATION POLICIES AND REGULATIONS FOR PUBLIC MEETING SPACE IN CITY HALL AND THE MERIDIAN POLICE DEPARTMENT- PAGE 3 of 4 0 • • No materials or decorations may be tacked, glued, stapled, taped, or adhered or affixed in any manner to walls, doors, or windows. This does not apply to adhesive that are designed for this use and do not leave any marks or remove paint. Please check prior to use. • All garbage and recyclable items must be placed in proper receptacles. • Smoking is prohibited in these rooms and on the premises of City Hall and the Police Department. • Alcoholic beverages are not permitted within these rooms or on the premises of City Hall and the Police Department. • If the City determines it is necessary, the reserving party will be issued one proximity card and/or key that will provide access to the reserved space. The proximity card can be picked up 1 business day prior to use of the room from the City Clerk for reservations in the City Hall and Police Records Section for the Police facility. The proximity card will only work for the time the space has been reserved and remains the property of the City of Meridian. At the conclusion of the meeting, the proximity card may be left in the room. If the card is not returned, a fee of $12.00 will be assessed to the reserving party. Failure to return the card may be cause to disallow future rentals of the rooms. • The reserving party may not charge any fee for admission to or use of a reserved space. CITY HALL AND POLICE FACILITY No fees to be assessed for the following MONTHLY meetings and are authorized to be scheduled beyond 30 days: • Ada County Boys and Girls Club Board • Ada County Commission or Elected Officials meetings • Ada County Highway District meetings regarding Meridian road projects • Community Planning Association of Southwest Idaho (COMPASS) Board • Idaho Law Enforcement Agencies • Joint School District No. 2 Administration meetings • Meridian Chamber of Commerce Board meetings • Meridian Development Corporation Board of Directors • Meridian Historical Society • Meridian Rural Fire District Commissioners Board • P.O.S.T. Academy • Valley Regional Transit (VRT) Board • Western Ada Recreation District (WARD) Board of Directors Any additional meetings by the above groups beyond their monthly meeting may not be scheduled more than 30 days in advance. Attachment "A" RESOLUTION ADOPTING RESERVATION POLICIES AND REGULATIONS FOR PUBLIC MEETING SPACE IN CITY HALL AND THE MERIDIAN POLICE DEPARTMENT- PAGE 4 of 4 n January 2, 2009 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT ITEM NO. 6-G REQUEST Approve Pawnbroker License Renewal for Meridian Coin & Pawn located at 1550 North Main Street 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. January 2, 2009 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT REQUEST Approval of Bid for Water and Sewer Imp with ACHD Ustick /Linder Intersection for $11,032.00 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: ITEM NO. 6-H mts in Conjunction Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. E Memo To: Jaycee Holman; Tara Green Front Brent Blake, Engineering Technician CC: Kyle Radek, Clint Dolsby, Scott Steckline, Tom Barry 0 Date: 12/18/08 So.'m. ie, .2 009 Re: Proposed Agenda Item for 8 City Council Meeting The Public Works Department respectfully requests the following item be placed on the Pee9FAIDOF 298B Opp consideration: City Council agenda, under Consent Agenda, for Council's Approval of bid for Water and Sewer Improvements in coniunctiion with ACHD Ustick/Linder Intersection, Phase1. ACHD received bids for this project The bid amount for the water and sewer improvements for the overall project low bidder is $11,032.00. The ACHD administration cost will be a not to exceed amount of $551.60. This work will be done as phase 1 of the overall project. Recommended Council Action: The Public Works Department recommends that City Council approves the bid of $11,032.00 and associated administration costs of $551.00 for Water and Sewer Improvements in conjunction with ACHD Ustick/Linder Intersection, Phase 1 project and authorizes Engineering to go ahead with the project Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 • f,O��. BID ABSTRACT ACMM Contract Number CT209-02 Contract Name Creason and Colemen Laterais BidDate 12/9/2008 Bidders 01 Bidder Brown Construction_ 02 Bldder:McAlvain Excavation _ 03 Bidder'Sommer Construction 04 Bidder Knife River 07 Bidder WF Construction 08 Bidder Cascade Pipe - - 09 Bidder H2 Excavation 10 Bidder Lurre Construction 11 BldderPipe Incorporated 13 Bidder King Excavation 15 Bidder Paul Construction Schedule 1 UstictdLinder Intersection - Cresson & Coleman. Laterals IN202-07.08 305048.001 Cresson B ColemanLaterals Estimate 0206,41.111 Hydroseeding - dryland grass 0.13 SAC 1 $3,000.00 $380.00 01 Bidder, $3,400.00 $442.00 j 02 Bidder: $4,018.00 $522.34 03 Bidder, $5,200.00 $676.00 04 Bldder; $3,998.00 $519.74707 Bidder; $3,200.00 $416.00 : 08 Bidder; $1,500.00 $195.00 09 Bidder[ $15,246.00 - . __. $1,981.98 € 10 Bidder: $4,180.00 $543.40 ro 11 Bidder`, $4,500.00 _ $585.00 id Bldder' '$4,116.00 $535.08 1 15 Bidder $6,300.00 $819.00 0207.4.1A01 Removal OfObstnrctlon _- 1 LS $12,420.00 $12,420.00 01 Bldder'• $3,400.00 $3,400.00 j 02 Bidder; $7,69700 $7,-67.60' 03 Bidder $3,991.00 $3,992.00 04 Bidder; $5,506.00 ; $5,506.00 j 07 Bldder: $6,2116.00* $6,260.00 08 Bldder $5,200.00 $5,200.00 E 09 Bidder; $7,060.00 $7,060.00 1 20 Bldder. ............. $8,00000 $8,000.00 11 Bidder $14,744.00 $14,744.00 13 Bidden $11,747.00 $11,747.00 [ 15 Bidder' $6,000.00 $6,000.00 0601.4.1 A01 A RCP Class Ill - 24" dia. 108 M $70 00 $7,56-0.00 01 Bidder $71.30 $7,700.40 j 02 Bidder. $48.25 $5,211.00 03 Bidder $60.00 $6,480.00 04 Bidder _ $73.40 $7,927.20 07 Bidder:, $64.00 _._ $6,912.00 08 Bidder $66.00 $7,128.00 09 Bidder $64.00 $6,912.00 10 Bldder; $58_60 $6,32880 11 Bidder $70.00 $7560.00 13 Bldder _ $55.00 -- $5,940.00 j 15 Bidder; -. $89.00 $9,612.00 0601.4.1X01 B _ RCP, Class III - 48" dia. ................................. 728 LF , $125.00 _ $91,000.00 01 Bidder' $108.00 _ $78,624.00 , 02 Bidder; $101.60 $73,964.80 03 Bidder', $109.50 $79,716.OD i 04 Bidder' $114.00 $82,992.00 j 07 Bidder $134.00 $97,552.00 08 Bidder. $125.00 5911000.00 09 Bidder. $103.00 $74,984.00 10 Bidder' $113.00 $82,264.00 11 Bidder; $132.00 $96,096.00 ; 13 Bidder $100.00 $72,800.00 j 15 Bidder; $158.00 $115,024.00 0601.4.tA0i C RCP, Class III -18" dia. _....... ..... _ 48 LF $40.00 .......... $1,920.00_ 01 Bidden $45.00 $2,160.00 02 Bidder: $46.80 52,246.40 03 Bidder: $38.00 _ 24.0 $1,80 [ 04 Bidder $45.60 $2,188.80 ; 07 Bidder. $52.00 $2,496.00 08 Bidder'$54.00 $2,59200 09 Bidder $76.00 -. $3,648.00 j 10 Bidder: $4850 - $2,328.00 11 Bidder $44.70 _..____ .__.____...-j $2,145.60 I 13 Bidder' $35.00 $1,680.00 15 Bidder' $50.00 $2,400.00 - �&01AAA09 --- PVC C-90fi, 30" dia. _ 7 5 LF $155.00 $11.825.00 01 Bidder $67.00 $5,025.00 02 Bidder:; $55.20 $4140.00 03 Bidder: $72.80 $5,460.00 04 Bidder. $76.60 $5,745.00 107 Bldder; $70.00 $5,250.00 r 08 Bidder, $76.00 $5,700.00 j 09 Bidder $78.00 $5,850.00 ' 10 Bldder. $62.10 $4,65750 11 Bidder; $59.00254$4, .00 ; 13 Bidder $131.45 $9,858.75 ; 15 Bidder, $113.00 $8,475.00 D601AIA09A PVC SDR 35, 12" dia. _.... _ _ _ 40 01 Bidder $26.00 $1,040.00 02 Bidder $38.50 $1,540.00 03 Bidder' $42.70 $1,708.00 l 04 Bidder $22.60 $904.00 07 Bidder $23.00 $920.00 OB Bidder ' $30.00 $1,200.00 09 Bidder $80.00 $3,200.00 10 Bidder $37.00 $1,480.00 11 Bidder $29.00 $1,160.00 s 13 Bidder $25.00 $1,000.00 15 Bidder $46.00 $1,840.00 OS01.4.1A09 B PVCSDR 35, 18" dia. ...... . _ 01 Bidder _ -. $45.50 __......... ...... ._ $6,870.50 i 02 Bidder $38.60 . $5,828.60 W Bidder $36.00 $5,436.00 04 Bidder $35.80 $5,405.i0 -'j 07 Bidder $33.00 $4,983.00 08 Bidder $46.00 $6,946.00 09 Bidder $39.00 $5,889.00 C 10 Bidder; $38.50 $5,813.50 11 Bidder $37.20 $5,617.20 13 Bidder $195.00 $29 445.00 15 Bidderl M $51.00 $7,701.00 ......... ._ 12/17/2008 CT209-02 - Cresson and Coleman Laterals Page 1 ............................ _ . , 1103.4.1A.1 Flaggers .... 01 Bidder • 04 Bidder $18.40 e $18.75 13 Bidder' 601.4.1 A.09 D PVC, Closed Profile - 42" dia. $640.00 07 Bidder 46 LF ", Si75.00 $8,400.00 _._._. ..... _...._.___-. 01 Bidder; $286.00 $13,728.00 i 02 Bidderi $190.00 $9,120.00 03 Bidder $256.10 $12,292.80 $34.80 04 Bidder $201.30 $9,662.40 07 Bidder',. $225.00 $10,800.00 O8 Bidder, $290.00 $13,920.00 $40.80 09 Bidder $233.00 _ $11,184.00 i 10 Bidder; $254.70 $12,225.60 11 Bidder' $244.00 .... $11,712.00 13 Bidder 13 Bidder $502.85 $24,136.80 15 Bidder: $275.00 $13,200.00 0602.4.1.E.1 Catch Manhole - 48° dia. 01 Bidder $1,874.00 $1,874.00 ( 02 Bidder; $1,906.75 51,906.75 03 Bidder' $1,572.30 $1,572.30 _..__ 04 Bidder. $2,257.00 $2,257.00Ti-7 Bidder. - $2,440.00 ,...__. $2,440.00 _.... -..._---- 08 Bldder - 52.260.00 $2,260.00 09 Bidder $1,650.00 $1,650.00 i 10 Bidder; $2,048.00 $2,048.00 11 Bidder $2,011.00 $2,01LW 13 Bidder $3,200.00 $3,200.00 ; 15 Bidder•. $2 0602.4.1.E.1 A --"S. Manhole, Type B - 96° dia. _ r _ 6 EA ; $9,000.00 . $54,000.00 _ 01 Bidder: $4,787.00 _ $28,722.00 j 02 Bidder $4,972.35 $29,834.10 03 Bidder. $6,389.20 $38,335.20 04 Bidder; $6,279.00 $37,674.00 107 Bidder $6,000•00 $36,000.00 08 Bidder' $6,500.00 $39,000.00 09 Bidder: $4,750.00 $28,500.00 ! 10 Bidder $5,532.00 $33,192.00 11 Bidder $5,816.00 $34,896.00 13 Bidder 56,000.00 $36,OW.W j 15 Bidder $5,700.00 $34,200.00 X602 4.1.F.t Catch Basin - Type I II 1 EA $550.00 $550.00 01 Bidden $400.00 $400.00 02 Bldder' $1,270.50 - $1,270.50 03 Bidder $959.55 $959.55 ; 04 Bidder! $689.20 _.. $689.20 107 Bidder; $1,000.00 $1,000.00 0881dder $700.00 $700.00 09 Bidden $1,010.00 ....... .. $1,010.00 ; 10 Bldder; $1,076.00 $1,076 00 11 Bidder $953.00 $953.00 __......................._ 13 Bidder $1,200.00 ......_.. .. $1,200.00 ; 15 Bidder:• .......... $1,000.00$1,000.00 _..__ D602 4.1.ML7 Concrete Irrigation Box - S(ze 4'x4' _,.., ... _.., .......... 3 . EA _ .••._.. $1,500.00 $4,500.00 01 Bidder $1,284.00 $3,852.00 ; 02 Bidder, $1,345.65 $4,036.95 03 Bidder $1,500.00 $4,5W.00 04BJdder $1,617.00 $4,851.00 107 Bidder; $1,600.00 $4,800.00 08 Bidder $1,550.00 $4,650.00 09 Bidder $2,050.00 $6,150.0 10 Bidder; $1,645.00 $4,935.00 11 Bidder $1,514.00 $4,542.00 13 Bidder, $2, W.00 $6,0W00 15 BJdder $1,600.00 $4,800.00 0602.4.1.M .1 A Concrete InigaUon Box - Size 5'x5 T 2 01 Bidder $2,064.00 $4,128.00 02 Bidder $2,052.50 $4,105.0: 03 Bidder $2,212.00 $4,424.00 04 Bidder $2,519.00 $5,038.00 i 07 Bidder; $2,200.00 $4,400 00 08 Bidder $2,345.00 $4,690.00 09 Bidder ........._._..__..........._... $2,200.00 $4,400.00 j 10 Bldder; $2,420.00 $4,840.0 11 Bidder __......._____.._._.._..._ $2,292.00 $4,584.00 13 Bidder $2,600.0 $5,200.66-115 Bidder $2,210.00 $4,420.00 .06024.1.M 1 B Concrete Irrigation Box -Size 7k7 1 EA , $4,000.00 $4,000.00 01 Bidder $4,090.00 $4,000.00 02 Bidder'. $4,420.35 $4,420.35 03 Bidder $4,413.00 $4,413.00 04 Bidder $6,524.00: $6,524.00 07 Bidder. $4,320.00 $4,320.00 OB Bidder $5,017.00 $5,017.00 09 Bidder' $4,000.00 $4,000.00 ; 10 Bldder'. $4,670.00 $4,670.0 11 Bidder $4,622.00 $4,622.00 13 Bidder $4,200.00 $4,200.0 ? 15 Bidder; $5,200.00 $5,200.00 _. _ 06024.l.0.1 Irrigation Ditch Simi _._ _... .................. . _ ............_... r_ .- 303 LF $4.00 $1,212.00 01 Bidder $3.00 $909.00'1 02 Bidder $30.00 $9,090.00:03 Bidder $1.45 $439.35 04 Bidder $2.15 $651.45 076idder; $2.00 $606.00 08 Bidder $2.00 $606.0 i 09 Bidder $4.70 $1,424.10 f 10 Bidder! $2.80 $84840 11 Bidder $7.10 $2,151.30 13 Bidder $1.00 $303.0 15 Bidder $34.00 $10302.0 ............................ _ . , 1103.4.1A.1 Flaggers .... 01 Bidder $16.00 04 Bidder $18.40 09 Bidder) $18.75 13 Bidder' $17.00 1103.4.1.8.1 .1103.4.1.C.1 $1,280.00 02 Bidder $1,472.00 07 Bidder $1,500.00 10 Bidder $1,360.00 15 Bidder $20.50 $19.00 $17.05 Traffic Control Signs $2,400.00 .. 03 Bidder $17.40 _ 03 Bidder $5.00 $8W.00 02 Bidder $1.55 04 Bidder. $4.00 $640.00 07 Bidder $4.00 09 Bidder $4.40 $704.0 10 Bidder $5.40 13 Bidder, $5.25 $840.0 15 Bidder $6.00 Traffic Control Barricades, Type III $34.80 $139.20 $144.00 01 Bidder. $32.00 $128.00 02 Bidder $51.25 04 Bidder. $40.80 $163.20 07 Bldder $36.00 09 Bidder $50.00 $200.00 10 Bidder $35.00 13 Bidder $33.60. $134.40 15 Bidder $50.00 $1,640.00 $1,364.00 00 HR ....._....$30.00 $2,400.00 .. 03 Bidder $17.40 $1,392.00 OB Bidder $20.00 $1,600.00 _ 11 Bidder' $17.70 $1,416.00 160 _ $6.00 $98o --.--G- $24B.0D 03 Bidder $5.45 $872.0 i $640.0 OR Bidder` $1.65 $264.0 $864.00 11 Bidder $5.50 5880.00 ` $960.00 -- -'- - - - - _ - EA $100.00 ................. $400.00 _4_ $205.0 03 Bidder $34.80 $139.20 $144.00 OS Bidder $52.00 $208.00 $140.00 II8/dder 11 $35.40 $141.60 $200.00 12/17/2008 CT208-02 - Creasoa and Co/emen Laterals Page 2 12/17/2008 CT209-02 - Creason and Coleman Laterals Page 3 0 0 1103.4.1.D.1 Traffic Control Drums 40 , EA $25.00 $1,000.00 01 Bidder. $15.00 S600.00 02 Bidder $10.25 $410.00 03 Bidder $15.50 $620.00 04 Bidder, $12.20 $488.00 107 Bidder $5.00 $200.00 08 Bidder' $11.00 $440.00 09 Bidder! $6.25 $250.00 10 Bidder $15.20 $60&00 11 Bidder $15.80 ............... $632.00 13 Bidder $15.00 $600.00 15 Bidder $16.00 $640.00 1.1Traffic . ......... Control Maintenance 40 H R $30. W $1,200.00 $21.00 $840.00 02 Bidder $22.50 $900.00 03 i1cidmr' $2Z90 $916.00 _T.Bldder' 4 iii .. 0 iiW ....... .... ii4O $ $736.00 0781dder $20.00 $800.00 08 Bidder $22.W $880.00 09 Bidder. $20.00 $5.00 10 Bidder $22.40 $896.00 11 Bidder: $23.20 $928.00 13 Bidder $22.10 $884.00 15 Bidder $23.00 $920.00 ...................... 2010AIAl .............................. .. . ......... .................. Mobilization ......... . . ................ ......... .. . .. . .... . 1 LS $71,a5a.10 $71,858.10 01 Bidder $3,100.00 $3,100.00 02 Bidder $7,000.00 $7,000.00 03 Bidder $11,500.00 $11,500.00 04 Bidder, $23,867.61 $13,867.61 07 Bidder $11,13L00 $11,131.00 08 Bidder $5,000.00 $5,000-00 0 Bidder $17,300.00 $17,3=0 10 Bidder $812.00 $812.00 21 Bidder $3,202.00 $3,202.00 13 Bidder $14,100.00 $14,100.00 15 Bidder $15,000.00 $15100M -2.. , .41�U ............ . ... Loose riprap -12" 12 CY $60.00 . . .. . ... $720.00 01 Bidder $12-00 $144.00 02 Bidder $64.55 $774.60 03 Bidder W.30 $579.60 04 Bidder; $51.70 .................... $620.40 07 Bidder $52.00__......... 52.00 . ..... $624.00 09 Bidder $25.00 $300.00 09 Bidder $2L00 ................ ................. $252.00 10 Bidder $300.00 $3,600.00 11 Bidder $33.60 $403.20 13 Bidder $19.00 $228.00 15 Bidder $76.00 $912.00 ;-,.-, SP............... 62020 Gravel Re ........ 15" SY . ................. $20.00 ................... $31.680.00 _0I Bidder $4.75 $7,524.00 02 Bidder $2.45 $3,890.90 > 03 Bidder $2.90 $4,593.60 04 ifdWer$4.50 $7,128.00 07 Bidder $5.00 $7,920.00 08 Bidder $4.00 $6,336.00 09 Bidder. $4.00 $6,336.00 10 Bidder $19.00 $30,096.00 11 Bidder $3.60 $5,702.40 13 Bidder $4.05 $i,415.20 15 'Bidder' $5.00 $7,920.00. . . ...... SP 07030'Coiii��te Flo%41ii FIf_ ..... ........... . ........... ... 10 CY ...................... $70.00 . . ... .......... .......... $700.00 01 Bidder $200.00 $2,000.00 a2 Bidder $142.50 $1,42.5.00 aq Bidder $87.80 8.00 04 Bidder $147.30 �ii�&M 07 Bidder $108.00 $1,OW**.00 08 Bidder $205.00 ............... ........... $2,050.00 09 Bidder $95.00 $950.00 10 Bidder $125.00 $1,250.00 11 Bidder $90.00 $900.00 13 Bidder $150.00 $1,500.00 15 Bidder $170.00 $1,700.00 io 6620 Asphalt'Repalr 616 SY $35.00 $21,560.00 01 Bidder. $17.50 $10,790.00 02 Bidder $27.75 $17,094.()0 j 03 Bidder $28.10 $17,309.60 04 Bidder, $21.20 $13,059.20 07 Bidder $23.00 $14,168.00 06 Bidder $26.00 $16,016.00 09 Bidder. $43.50 $26,79600 10 Bidder $22.00 $13,552.00 11 Bidder $22.10 $13,613.60 13 Bidder $17.75 , , $1,0,9,44.0-0 15 Bidder $34.00 $2_0-1944.00 SP 09002 . ............................. .. 48° Die.* Canal Screw data******** E A 02 Bidder $4,665.00 $4,665.00 02 Bidder $5,074.00 $5_174.00 03 81-dder $5-,734.00 $5,734.00 04 Bidder $5,03.0.00 $5,030.00 07Bidder $5,050.00 08 8 Bidder $7,000. 00 $7,000.00 09 Bidder $4,700.00 1 . $4,700.00 10 Bidder $5,900.00 .$.5,050.W $5,900.00 11 Bidder $6,556.00 $6,556.00 �Idder $5,500.00 $5_00.00 15 Bidder $5,100.00 5.,100.00 SP 09622 ......... .................. concrete Headval - 48",1TD Std. D". D -2-A .... ................... ..$.. ......... ... 01 Bidder. $2,950.00 $2,950.00 02 Bidder $2,732.65 $2,732.65 03 Bidder $3,310.00 $3,�31000 04 Bidder, $2,132.00 $2,132.00 j 07 Bidder $3,120.00 $3,120.00 08 Bidder $900.00 $900.00 j 09 Bidder $1,960.00 $1,960.00 10 Bidder $3,950.00 $"50.00 11 Bidder $6,583.00 $6,583.00 13 Bidder' $2,500.w $2,500.0o 1.5 Bidder $3,450.00 $3,450.00 ... .. . ..................... . . . ............... .SP 09023 ..... ..... ....... ... _._ - Concrete Headwall - 30', ITD SK Dwg. D-8 I.- - - I'll �1* - * * $2,500.00 " *** - -, * $2, 5W.00 01 Bidder. $3,000.00: $3,000.00 02 Bidder: $3,154.60 . $3,154.60 ... ... ... 03 Bidder . .. ... $2588.00 52588.00 j 04 Bidder $2,467.00 $2,467.00 i 07BIdderi $2,620.00 $2,620.00 08 Bidder $3,050.00 $3,050.00 09 Bfdder• $2_9W.00$2,96-.00 20 Bidder: $2,890.00 1 2, , M . 0 1 0 11$2,890.00 1 1 B I Id der .00 $3 495.00. 13 Bidder $3,100.00 _W._ $3,100.00 15 Bidden' $2,700.00 $2,700.00 g-P-6it&' Concrete 3W.,"i" MS D". D -5-A .......... . . 1 EA . .. . $2,000.00 .......... $2,000.00 01 Bidder- $2,64L00 $2,641.00 02 Bidder. $1,762.25 $1,762.2S 03 Bidder $1,615.60 $1,615.60 04Bidder $1,325.00 325.00 1 078fdder: . ......... .. . $ISSO.00 . . .... $ 1 5.50. 0 0 08 Bidder .. ... ... .......... $1, SMOD I'll ...........- ..........-04 $11=00 09 Bidder $1,650.001 1 $1,650.00 1 1 11 1 10 Bidder, $2,050.00 $2,050.00 1 . 11 BidderI 11 $2,571.0 1 0 1 $2,571.00 .. . . 13 Bidder. $9,100.00 $9,100.00 i 15 Bidder $3,200.00 $3,200.00 12/17/2008 CT209-02 - Creason and Coleman Laterals Page 3 0 SP 09025 Precast Concrete Headwall, 18°, ITD Std. Dwg. D-6 $10.00 $480.00 02 Bidder; 1 EA $500.00 $500.00 $13.50 01 Bidder $950.00 $950.00 ; 02 Bidder $1,182.00 $1,182.00 03 Bidder $746.80 $746.80 ................. . $288.00 04 Bidder $1,103.00 $1,103.00 1 07 Bidder $950.00 $950.00 08 Bidder $800.00 $800.00 --- 09 Bidder $2,400.00 ... $2,400.00 ! 10 Bidder .. ........ $2,230.00 $Z230.00 _. 11 Bidder. $1,242.00 $1,242.00 Remove Tree 6 -inch+ 13 Bidder $1,000.00 $1,000.00 ; 15 Bidder $1,650.00 ..... $1,650.00 01 Bidder _....._....... SP 1003.4.1.6.1 Fiber Wattles $1,06625 03 Bidder $327.05 $327.05 79 LF $3.00 $237.00 $550.00 ._. 01 Bidder $1.75 S138.25 02 Bidder $6.40 $505.60 03 Bidder _ $I.15 $90.85 $315.00 04 Bidder $3.00 $237.00 078idder $4.00 $316.00 08 Bidder $2.00 $158.00 09 Bidder $2.50 $197.50 10 Bidder $3.00 $237.00 : 11 Bidder $2.60 _ $205.40 13 Bidder $2.25 $177.75 15 Bidder $5.00 $395.00 03 Bidders $3,903.65 $3,903.65 SP 1006.4.1.C.1 Inlet Protection $4,591.00 $4,591.00 j 07 Bidder $2,500.00 $2,500.00 08 Bidder: 1 1 EA $200.00 $200.00 !. 09 Bidder; 01 Bidder $4.00 $4.00 02 Bidder $302.55 $302.55 03 Bidden $173.30 _ $173.30 $3,600.00 04 Bidder $76.50 $76.50 07 Bidder $125.00 $125.00: 08 Bidder: $75.00 $75.00 09 Bidder $75.00 $75.00 10 Bidder $500.00 $500.00 11 Bidder; $69.00 $69.00 $3,211.00 13 Bidder $85.00 $85.00 15 Bidder $125.00 $125.00 04 Bidder _._.. SP 11222 _... _ Remove and Reset Traffic Sign _ m 08 Bidder $5,600.00 c _ 2 EA $75.00 $150.00 $5,075.00 E 10 Bidder; 01 Bidder $25.00 $50.00 02 Bidder $51.25 T $102.50 03 Bidder: $95.90 $19L80 $5 04 Bidder $255.00 $510.00 07 11 Bidder $41.00 $82.00 08 Bidder` $50.00 $100.00 $10.00 09 Bidder $1.00 $2.00 10 Bidder $93.80 $187.60 11 Bidder $97.00 $194.00 $235.60 .. 13 Bidder $95.00 $190.00 15 Bidder $125.00 $250.00 06 Bidder $5.00 ............. _._ $155.00 ..................................__ SP 20003 Construct Temporary Fence $95.00 ... $2,945.00 10 Bidder $21.80 _ ._... _..__r.. 95 LF __.... . $1000 $950.00 01 Bidder $0.10 $9.50 02 Bidder $4.90 $465.50 03 Bidder $3.25 $308.75 04 Bidder $5.00 $475.00 07 Bidder $5.00 $475.00 09 Bidder $5.00 $475.0 09 Bidder $3.20 $304.00 10 Bidder $3.20 $304.00: 11 Bidder $3.30 $313.50 13 Bidder $3.16 $300.20 .......... 15 Bidder $7.00 $665.00 _...._... SP 20009 Remove and Reset Fence 32 _ 01 Bidder $2.50 $80.00 .............................. 02 Bidder _ $4.90 .......I $156.80 _ _ 03 Bidder' $22.90 $732.80 04 Bidder $4.00 $128.00 07 Bidder $6.00 5192.00 08 Bidder $15.00 09 Bidder $18.00 $576.00 10 Bidder $22.40 $716.80 11 Bidden $23.20 _- -~ $742.40-+ 13 Bidder $15.50 $496.00 15 Bidder $20.00 $640.00 ..... ......................... ......: 12/17/2008 CT209-02 - Creason and Colemen Laterals Page 4 01 Bidder $10.00 $480.00 02 Bidder; $22.55 $1,082.40 03 Bidder $13.50 $648.00 04 Bidder $23.20 $1,113.60 07 Bidder: $14.00 $672.00 i 08 Bidder $6.00 ................. . $288.00 09 Bidder $13.00 $624.00 s 10 Bidden $23.45 $1,125.60 11 Bidder $24.30 $1,166.40 13 Bidder $23.00 $1,104.00 j 15 Bidder; $29.00 $1,392.00 SP29093 Remove Tree 6 -inch+ _........._ .. .._.... . _..... 1 EA $200.00 $200.00 01 Bidder $250.00 $250.00 102 Bidder $1,066.25 $1,06625 03 Bidder $327.05 $327.05 04 Bidder $35 7.00 $357.00 , 07 Bidder $550.00 $55000 08 Bidder $150.00 $150.00 ; 09 Bidder $300.00 $300.00 j 10 Bidder` $315.00 $315.00 11 Bidder; $411.00 $411.00 13 Bidder $350.00 $350.00 15 Bidder $300.00 $300.00 SP M312 .. ......... _ Relocate Existing Water Main _ . �.... _.._ _.__ _ _ _._..... 1 EA 01 Bidder $7,821.00 $7,821.00 02 Bidder $3,767.45 $3,767.45 03 Bidders $3,903.65 $3,903.65 04 Bidder, $4,591.00 $4,591.00 j 07 Bidder $2,500.00 $2,500.00 08 Bidder: $5,000.00 $5,000.00 s 09 Bidder; - $5,200.00 $5,200.00 10 Bidder $3,180.00 $3,180.00 11 Bidder; _ $3,055.00 . $3,055.00 13 Bidder $3,600.00 $3,600.00 15 Bidder $5,760.00 $5,760.00 SP M314 Encase Pipe atPipe Crossing 1 EA 01 Bidder $3,211.00 $3,211.00: 02 Bidder' $2,506.35 $2,506.35 , 03 Bidder $2,029.70 $2,029.70 04 Bidder $2,578.00 $2578.00 07 Bidder; $2,600.00 $2,600.00 08 Bidder $5,600.00 .............. $5,600.00 , 09 Bidder. $5,075.00 $5,075.00 E 10 Bidder; $2,360.00 $2,360.00 11 Bidder $4,502.00 54,502.00 13 Bidder $2,600.00 $2,600.00 15 Bidder $5 SP -29050 4" Topsoil - Surface Repair .................. 31 SY $10.00 .......-. $310.00 01 Bidder: $20.00 $520.00 02 Bldder $31.00 $341.00 03 Bidder $7.60 $235.60 .. .................:... 04 Bidder $12.90 .............. ........... $399.90 07 Bidder $8.00 $248.00 06 Bidder $5.00 ............. _._ $155.00 09 Bidder $95.00 ... $2,945.00 10 Bidder $21.80 $67580 .... 11 Bidder $5.50 ................ $170.50 13 Bidder $2.00 $62.00 15 Bidder $13.00 $403.00 12/17/2008 CT209-02 - Creason and Colemen Laterals Page 4 • 0 12/17/2008 C7209-02 - Cresson and Co/emen laterals Page 5 Estimate $3_65,138.10 01 Bidder $217,030.65 02 Bidder $222,713.09 03 Bidder$233,663.10 04 Bidder $240,706.00 07 Bidder $248,432.00 08 Bidder $249,929.00 ..... 09 Bidder ........... $251,839.58 10 Bidder $255,054.00 .......... . ........ 11 Bidder $256,899.10 _.._ _ .. ......... _.. 13 Bidder $280,406.18 ! ..._...... !15 Bidder $309,459.00 Estimate $365,139.10 Bidders 01 Bidder Brown Construction 02 Bidder McAivain Excavation 03 Bidder Sommer Construction 04 Bidder Knife River 07 Bidder WF Construction 08 Bidder Cascade Pipe 09 Bidder H2 Excavation 10 Bidder Lufre Construction 11 Bidder Pipe Incorporated 13 Bidder King Excavation 15 Bidder Paul Construction 12/17/2008 C7209-02 - Cresson and Co/emen laterals Page 5 0 • A G R EE M E NT FOR: ROADWAY CONSTRUCTION /'& WATER LINE ADJUSTMENTS USTICK ROAD &CINDER ROAD INTERSECTION ACHD PROJECT NO.305048 THIS AGREEMENT made and entered into this ,- day of%� 0 08, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Hoard of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS the DISTRICT and MERIDIAN desire to undertake a joint e�or to share the tasks and costs of reconstructing the Ustick Road and Linder Road intersection including a traffic signal system, bridge widening, curbs, gutters, sidewalks, and water and sanitary sewer installations, adjustments, relocations, and abandonments as detailed in Project Number 305048, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing*to accommodate MERIDIAN'S request by arranging for installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the water and sanitary sewer facilities within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and Installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and installations, adjustments, relocations. and abandonments of the water and sanitary sewer facilities referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities referenced herein; Page 1 of 5 0 0 c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line �--facilities-from-1=foot above the pipe zone to sub -grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re -testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; Page 2 of 5 • d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of five (5) percent of MERIDIAN'S construction costs for all additional costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the Installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN 'S project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identlf 6d-Ifi d Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable anus and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof, Page 3 of 5 • e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only In the courts of the State of Idaho, County of Ada; and I. This -Agreement -shall be binding upon and inure to the benefit of -the personal representatives, heirs and assigns of the respective parries hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT tt d Br. Susan Slaughter William J. Sc er Executive Ass" st�q"""'"u,,,,,,, Director ATTEST: `�oq'�,, CITY OF MERIDIAN BEAL _ By; I3y:' Jaycee HolftF r �s P �•`' Tammy de W City Clerk *,,,, bUNT`f • ��``` Mayor rr,a1 O Page 4 of 5 0 • STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this i �1� day of , 2008, before me, a notary public in and for said state, personally appeared WILLIAM J. SCHWEITZER known to me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the penmen who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ••••.•�rj.. SLgLG'.�'•. ,• g�''4•'s'� � ! t1oTARP pUBLiG •,'�9p$ of 1p�- •r STATE OF IDAHO ) -- ) ss. COUNTY OF ADA ) Notary Public forAaho Residing at n.4L.0- , Idaho My commission expires: y - 8- 2 abg On this 251" day of 14O YC MV e -r" , 2008, before me, the undersigned, personally appeared TAMMY DEWEERD and JAYCEE HOLMAN, Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Publicr Id ho Residing at Idaho My commission expires: i..l Page 5 of 5 January 2, 2009 AZ 08-004 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT Norpac, LLC ITEM NO. REQUEST Development Agreement — Request for Annexation and Zoning of 318.74 acres from RUT to R-4, R-8 & R-15 zones for Oakcreek —e/o N. McDermott w/o N. Black Cat, s/o Chinden & n/o Ustick Rd 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. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 39 BOISE IDAHO 01/29/09 10:48 AM DEPUTY Vicki Allen RECORDED -REQUEST OF Meridian City 109009629 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Norpac, Owner/Developer THIS VELOPMENT AGREEMENT (this "Agreement"), is made and entered into this Zl ay of Q_'CF n jDe2008, by and between City of Meridian, a municipal corporation of the State of Idaho, hereinafter called City, and Norpac, LLC, whose address is 1025 S. Bridgeway Place, Suite 280, Eagle, ID 83616, hereinafter called Owner/Developer. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Property; and 1.2 WHEREAS, Section 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that Owner/Developer make a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and re -zoning of the Property, requesting a designation of R-4 (Low Density Residential District), R-8 (Medium Density Residential District), and R-15 (Medium -High Density Residential District) under the UDC and generally describing how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 1 OF 12 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS, on the 28th day of October, 2008, the City Council approved the City of Meridian Planning Department Staff Report for this development ("the Findings"), and the Findings have been incorporated into this Agreement; and 1.8 WHEREAS, the Findings require Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires Owner/Developer 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 Agreement, herein being established as a result of evidence received by 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 UDC, 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 - THE OAKS (AZ 08-004) PAGE 2 OF 12 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 Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Norpac, LLC, whose address is 1025 S. Bridgeway Place, Suite 280, Eagle, ID 83616, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 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) R-8, (Medium Density Residential District) and R-15, (Medium -High Density Residential District). 4. USES PERMTI TED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed in the approved R-4, R-8, and R-15 zones under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Owner/Developer shall be responsible for all costs associated with the sewer and water service extension. 2. Owner/Developer shall remove any and all existing domestic wells and/or septic systems within the Property from their domestic service, per City Code Section 5-7-517, when services are available from City. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Owner/Developer shall be responsible for all costs associated with the required interim lift station and pressure sewer line. The station's design and capacity shall be coordinated with the Public Works Department; the design shall include communication capabilities that are consistent with City's SCADA system. At completion of construction, Owner/Developer will donate the station to City who will own and maintain the lift station. DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 3 OF 12 The completion and acceptance of the lift station will be at the sole discretion of the Meridian Public Works Director. No discharge from the station will be allowed until all plant upgrades are complete to the City of Meridian Waste Water Treatment Plant. The approval to accept discharge must be approved by the Meridian Public Works Director. Any potential upgrades to the interim lift station from other surrounding parcels will be reviewed by the Meridian Public Works Department. Approved upgrades to the station will be fully funded by the requestor and will be subject to reimbursement fees to Owner/Developer. 4. Water service to this site is being proposed via extension of mains in N. Black Cat Road and McMillan Road. Owner/Developer shall be responsible for the installation of 12 -inch diameter water mains to and through this development's arterial frontage. Also a 12 -inch diameter connection shall be made in N. Black Cat Road to the north east portion of the Property prior to the start of phase six construction. Due to fire flow requirements, Owner/Developer will need to construct a 12 -inch diameter main from the intersection of N. Black Cat Road and McMillan Road heading east to the existing 12 -inch diameter main currently being installed with the Ten Mile & McMillan intersection widening project. This connection will need to be installed before phase six construction and may be eligible for partial reimbursement. If the 12 -inch water main from Ten Mile & McMillan is installed by another developer prior to phase six construction, then Owner/Developer will not be responsible to participate in construction of the required main extension. 5. Prior to phase five construction, Owner/Developer shall provide a domestic well site north of McMillan Road to support water demand needs to the development and surrounding areas. This well site will be owned and maintained by City. Contact the Public Works Department for size and any alternate locations. 6. Pressurized irrigation systems must be supplied by a year-round source of water.. Owner/Developer must use City's reuse water supply for the primary source of irrigationwith the construction of phase three and continuing on all future phases. 7. Owner/Developer must construct a ten (10) inch AWWA C900 PVC purple reuse main with 14 gauge insulated wire that will be attached to the pipe for locating purposes. The construction will start from the City of Meridian Waste Water Treatment Plant continuing northwest along the Five Mile Creek ending in the southwest corner of the development. All infrastructure on-site and off-site must be constructed with approved purple pipe. With the required construction of this main, Owner/Developer shall be eligible to enter into a structured reimbursement agreement with City in accordance with City Code and as approved by the City Council. 8. Houses constructed within the approved Oakcreek preliminary plat shall DEVELOPMENT AGREEMENT - THE OAKS (Az 08-004) PAGE 4 OF 12 substantially comply with the building elevations included in Exhibit B. All other proposed elevations shall be reviewed at the time Owner/Developer plats any portion of the remaining 288 acres and shall substantially comply with the conceptual elevations included in Exhibit C. 9. Owner/Developer shall develop the Property in accordance with the uses, dimensional standards and design guidelines in the UDC at time of application submittal to City. 10. Owner/Developer shall develop the Property generally in accordance with the Concept Plan, attached as Exhibit D. Owner/Developer may tailor the particular distribution and configuration of uses to meet actual market demand at the time of development in compliance with the applicable zoning district, provided that the Planning Director determines the integrity of the Concept Plan remains substantially equal or better. For example, the central park area may be relocated or altered if the Planning Director determines the park amenity is substantially equal or better in size or character than originally depicted. 11. Prior to the issuance of any building permits, Owner/Developer shall subdivide the property in accordance with the UDC. 12. Owner/Developer shall not submit a preliminary plat on the west 700 feet of the Property that adjoins the current location of McDermott Road until such time as the Idaho Department of Transportation determines the State Highway 16 alignment. Access to McDermott Road shall be subject to approval by City Council and ACHD and shall be evaluated on the status of McDermott Road at that time. 13. The development shall be allowed up to two full street accesses on the north side and two full street accesses on the south side of McMillan Road, as generally depicted on the Concept Plan, if also allowed by ACHD. 14. The development shall be allowed one temporary street access to N. Black Cat Road (northeast corner of the development), which will be closed once a collector street is constructed through adjacent parcels SO428143150 & SO428410000, as depicted on the Concept Plan. 15. Owner/Developer shall provide a continuous collector system in the development north of McMillan Road. The collector will stub to the north boundary for future extension to state Highway 20/26, as generally depicted on the Concept Plan. 16. Owner/Developer shall stub public street access to the following adjacent parcels at such time as the development occurs adjacent to these parcels: R6991222200, SO428143000, SO428410000, SO428449010, SO433212400, SO428325600 and SO428143150, as generally depicted on the Concept Plan. DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 5 OF 12 17. Subject to Ada County Highway District review and approval, Owner/Developer shall incorporate traffic calming devices (which shall not include speed bumps or valley gutters) in the collector street network. 18. Owner/Developer shall construct a 10 -foot wide multi -use pathway consistent with Owner/Developer's pathway plan and the Meridian Parks Department Master Pathway Plan. 19. The development shall include a central park area of at least 6 acres with a clubhouse and pool for the homeowners, as generally depicted on the Concept Plan. The development shall provide a minimum of 12 percent common open space for the entire development (excluding the 30 -acre Oakcreek plat). The park shall be included within the first two phases of the development north of McMillan Road (Phase 3 or 4). 20. The development shall include at least four pocket parks, totaling a minimum of 5 acres. Each pocket park shall include at least two amenities (e.g., play equipment, bocce ball areas, rock climbing, picnic area, etc.). 21. Owner/Developer shall support the restoration and enhancement of Five Mile Creek as a natural amenity, as proposed and/or approved by City, Nampa -Meridian Irrigation District and the U.S. Army Corps of Engineers. 22. Owner/Developer shall coordinate with Western Ada Recreation District concerning a possible 4.5 acre +/- site lying within the southwest portion of the development. In the event the Western Ada Recreation District decides not to acquire and to construct the public swimming facility, the area allocated for the District will be developed as private open space with a recreational amenity (e.g., splash pad, fishing pond, sports field, play equipment, bocce ball, rock climbing, etc.) and shall be centrally located within the development and shall be a minimum of 2.5 acres. 23. Owner/Developer shall install all perimeter and internal common area landscaping for each phase at the time of final plat recording and prior to the occupancy of any structures within that phase. 24. The development shall include a minimum of 1,000 residential units and a maximum of 1,300 residential units. Total number of units includes the entire product types proposed and attached in the Concept Plan. 25. Owner/Developer and City agree to amend the property's zoning as needed to accommodate the movement of a street or similar minor modification that affects the boundaries of the approved zones within the property. Amendment of the Development Agreement shall not be required for such minor amendments to the zones. The applicant shall submit all necessary application materials to apply for and complete the rezone process. 26. Owner/Developer shall provide a method for notification to future home owners of State Highway 16 extension along the McDermott Road corridor, as determined by the Planning Director. DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 6 OF 12 6. COMPLIANCE PERIOD: This Agreement must be fully executed within one (1) year after the date of the Findings or it is null and void. 7. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as rewired 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 Agreement and all other ordinances of the City of Meridian that apply to said Property. 8. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION:: 8.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 8.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, 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. 8.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 8.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, 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 DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 7 OF 12 performance of the covenants, agreements, conditions, and obligations contained herein. 8.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that 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. 8.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, at Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. N 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, City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the dully approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: City may require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of improvements that Owner/Developer agrees to provide. 12. CERTIFICATE OF OCCUPANCY: Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless City and Developer/Owner has 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 City. 13. ABIDE BY ALL CITY ORDINANCES: Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. 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 DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 8 OF 12 deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: Norpac, LLC 1025 S. Bridgeway Place, Suite 280 Eagle, ID 83616 with copy to: Deborah Nelson Givens Pursley LLP 601 West Bannock St. Boise, ID 83702 14.1 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. 15. 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 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. 16. 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. 17. 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 Owner/Developer, 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 Owner/Developer, to execute appropriate and recordable evidence of termination DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 9 OF 12 of this Agreement if City, in its sole and reasonable discretion, determines that Owner/Developer has fully performed its obligations under this Agreement. 18. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 19. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action or proceeding. 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 Owner/Developer 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 Owner/Developer and City, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. 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 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. 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. [End of text; Signatures with Acknowledgements and Exhibits A -D follow.] DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 10 OF 12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. NORPAC, LLC CITY OF MERIDIAN Mayor T Weerd ATTEST:�Ofr+M/��''' . Jaycee UHolman, City Clerj SAL = y 0 A 1 DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 11 OF 12 STATE OF IDAHO, ) County of Ada, ) On this ss 77 L z�f� 1 day of �iLl� , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared aQP,ka 5 M. Ci4%rk1,Ae' known or identified to me to be the A4 4,A f t -V— of Norpac, LLC, and acknowledged to me that he executed the same on beharf 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. (SEAL) d A OF ® STATE OF IDAHO ) : ss County of Ada No Public fo Id ,� Residing at: My Commission pires: Z 1 1 On this day of j 1 (1lA—nj , 2007, before me, a Notary Public, personally appeared Tammy de Weerd and Jayc . Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who 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. m e (SEAL) ®,�'��� � A 6 4 i e p � s s :d Notary Public r Idaho Residing at: Commission expires: I DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 12 OF 12 D+ 7�HIJ3IT A Property Description DEVELOPMENT AGREEMENT - THE OAKS (AZ 0"04) - Exhibit A IDAHO 1450 East Watertower St Suite 150 SURVEY Meridian, Idaho 83642 G RCS U P Phone (208) 846-8570 Fax (208) 884-539.9 December 13, 2007 DESCRIPTION FOR ANNEXATION OAK CREEK SUBDIVISION A parcel of land located in the NE'/4 of the NE'/ and the NW'/4 of the NW'/ of Section 33, the S'/2 of the NE'/ and the S V of Section 28, all located in T. 4N., R.1W., B. M., Ada County, Idaho more particularly described as follows: Commencing at the Northeast corner of the said Section 33 from which the East "/4 corner of said Section 33 bears South 0002722" West, 2631.60 feet; thence along the East boundary of said Section 33 South 00°27'22" West, 169.00 feet to the REAL POINT OF BEGINNING; thence continuing along said East boundary South 00027'22" West, 626.39 feet; thence leaving said East boundary line South 89°08'23" West, 246.54 feet; thence South 06°3722" West, 308.30 feet; thence North 89°30'26" West, 1038.40 feet to a point on the West boundary line of the NE'/ of the NE'/ of said Section 33; thence along said West boundary line North 00°28'25" East, 1113.00 feet to the E 1 /16 comer of said Section 33; thence along the north boundary line said Section 33 North 89°16'45" West, 1317.68 feet.to the N '/ comer of said Section 33; thence along said North boundary line North 89°16'49" West, 1317.62 feet to the W 1/16 corner of said Section 33; thence along the East boundary line of the NW'/4 of the NW '/ of said Section 33 South 00°31'02" West, 1316.64 feet to the NW 1/16 corner of said Section 33; - thence along the South boundary line of the NW-'/ of the NW'/4 of said Section 33 North 89017'19" West, 89.91 feet; thence leaving said South boundary line North 76°42'21" West, 1259.37 feet to a point on the West boundary of said Section 33; thence along said West boundary line North 00°32'39" East, 1042.47 feet to the northwest corner of Section 33; thence along the West boundary line of said Section 2b North 01 °00'42" East, 1315.38 feet to the S 1/16 corner of said Section 28; thence along the North boundary line of the SW '/ of the SW '/ of said Section 33 South 89018'59" East, 450.00 feet; thence leaving said North boundary line North 01 °00'42" East, 774.71 feet; thence North 890.21'17" West, 450.00 feet to a point on the West boundary said Section 28; thence along said West boundary line North 01 000'42" East, 540.97 feet to the W "/4 corner of said Section 28; thence along the North boundary of said SW'/ South 89°21'17" East, 1311.11 feet to the C -W 1/16 comer of said Section 28; thence along the East boundary line of the NW '/ of the SW '/ of said Section 28 South 00°52'12" West, 16.99 feet; thence leaving said East boundary line South 89°14'34" East, 789.50 feet; thence North 64°03'54" East, 27.64 feet; thence South 86°53'48" East, 189.53 feet; thence North 89°14'51" East, 20.04 feet; thence South 70027'50" East, 25.64 feet; thence South 81 °00'03" East, 36.69 feet; thence South 88°50'13" East, 85.57 feet; thence South 86014'58" East, 63.62 feet; thence North 89018'37" East, 45.49 feet; thence South 78007'47" East, 19.68 feet; thence North 53°05'44" East, 16.53 feet to a point on the East boundary line of the SW '/ of said Section 28; thence along said East boundary line North 00°43'42" East, 24.35 feet to the C'/4 corner of said Section 28; thence along the West boundary line of the NE'/4 of said Section 28 North 00°43'58" East, 625.84 feet; thence South 77°58'14" East, 1338.14 feet to a point on the East Boundary line of the SW "/.of the NE'/4 of said Section 28; thence along said East boundary line North 0003634" East, 293.64 feet; thence South 89°31'36" East, 175.03 feet; thence South 00°2824" West, 230:00 feet; thence South 89031'36" East, 1136.30 feet to a point on the East boundary line of said Section 28, said point also being on the existing Meridian City Limits boundary; thence along said East boundary line and said City Limits boundary South 00°29'02" West, 214.51 feet; thence leaving said East boundary line North 89°20'59" West, 1312.34 feet to a point of the West boundary of the SE'/ of the NE'/ of said Section 28; thence along said West boundary line South 00036'34" West, 215.00 feet to the C -E 1116 comer of said Section 28; thence along the East boundary of the W'/2 of the SE'/ of said Section 28 South 00°37'35" West, 2635.75 feet to the E 1/16 corner of said Section 28; thence along the South boundary of said Section 28 South 89°1645" East, 1059.08 feet; thence le-aving said South boundary line South 00°27'22" West, 169.00 feet; thence South 89°16'45" East, 258.60 feet to the REAL POINT- OF BEGINNING. Containing 318.75 acres, more or less. EDIT B Elevations for Oakereek Preliminary Plat DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) - Exhibit B EXMBIT C Conceptual Elevations for The Oaks DEVELOPMENT AGREEMENT -THE OAKS (AZ 08-004) - Exhlit C M mom V �i)�), i � e Qj a EXHIBIT D Concept Plan DEVELOPMENT AGREEMENT — THE OAKS (AZ 08-004) — Exhibit D 9 • January 2, 2009 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT ITEM NO. 6-J REQUEST Award of Bid & Contract for FY 2009 Sewer Manhole Retrofits Bid Results and Award for a Not To Exceed Amount of $50,935.00 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. • Memo To: Jaycee Holman, City Clerk From: Roxanne Holland, Public Works CC: Tara Green, Clint Dolsby, Keith Watts Date: 12/31/08 Re: December 23 City Council Meeting Agenda Item The Public Works Department respectfully requests that the following items be placed on the December 23, 2008 City Council Agenda, under Consent Agenda, for Council's consideration. FY 2009 Sewer Manhole Retrofits Bid Results and Award Award of Bid # PW -09-004 and Authorization to enter into a Standard City Contract with Pipe, Inc FY 2009 Sewer Manhole Retrofits. The contract is the result of Invitation for Bid # PW -09-004. Recommended Council Action: Award of Bid and Authorization to enter into a Standard City Contract with Pipe, Inc FY 2009 Sewer Manhole Retrofits for the NOT -TO -EXCEED amount of $50,935.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. CO) CO) W w w .0 Q M N LU J O S Q rd • G z m 0 z • ' OO O O C= O Q V- P P P ^ P Q P OD Noc 0 z x x X x x x Ix, x x x X1 1XI Ix x 1XI x x Ix x 1XI X1 X U 1XI X1 I x x x x x C d C o m cCF a ca CD 0 v C c w C-4 av a AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES FY 2009 SEWER MANHOLE RETROFITS THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of , 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Pipe, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 455 S Kings Rd, Nampa, ID 83687 and whose Public Works Contractor License # is 16235 - AA -4. INTRODUCTION Whereas, the City has a need for services involving 2009 SEWER MANHOLE RETROFITS; 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 Attachment "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 2009 SEWER MANHOLE RETROFITS page 1 of 12 • 0 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. 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 Lump Sum basis as provided in Attachment 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 2009 SEWER MANHOLE RETROFITS page 2 of 12 consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2009 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment 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 Attachment 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 2009 SEWER MANHOLE RETROFITS page 3 of 12 0 • 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. 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 Attachment 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 2009 SEWER MANHOLE RETROFITS page 4 of 12 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, 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 Broadway 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, 2009 SEWER MANHOLE RETROFITS page 5 of 12 0 • 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. 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. Broadway Avenue Meridian, Idaho 83642 Pipe, Inc 455 S Kings Rd Nampa, ID 83687 Idaho Public Works License #: 16235-AA4 2009 SEWER MANHOLE RETROFITS page 6 of 12 • 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. 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. 12. 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. 13. 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. 2009 SEWER MANHOLE RETROFITS page 7 of 12 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, 2009 SEWER MANHOLE RETROFITS page 8 of 12 C� • oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. 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. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN PIPE, INC AN TAMMY de WEERD, MAYOR BY: Dated: Dated: Approved by City Council: Attest: JAYCEE L. HOLMAN, CITY CLERK Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated: Approved as to Form CITY ATTORNEY 2009 SEWER MANHOLE RETROFITS Department Approval BY: NAME: TITLE: Dated: page 9 of 12 Attachment A SCOPE OF WORK SPECIFICATIONS / SCOPE OF WORK SCOPE OF WORK The FY 2009 Sewer Manhole Retrofits project will include the following work: 1. Repair 26 manholes to stop infiltration 2. Uncover buried manholes and/or restore manholes to proper grade — 23 manholes located in asphalt, 20 manholes located in dirt, 24 manholes below proper grade 3. Extend sewer lines into 1 manhole 4. Repair loose ring on 1 manhole 5. Remove lip on one service line SPECIFICATIONS A. All work shall conform to the Idaho Standards for Public Works Construction (ISPWC), Ada County Highway District (ACHD) and City of Meridian Standards B . Contractor shall be responsible for traffic control and any permits required to work in ACHD Right of Way C . Contractor must identify all Sub -Contractors to be used and the City of Meridian must approve the Sub -Contractor prior to beginning any work D . Location maps included in Attachment B identify locations of manholes that are either buried, below grade or have infiltration. All work done by Contractor shall be limited to the manholes identified on the maps, unless prior approval is given by the City of Meridian E . Contractor shall notify the City of Meridian prior to beginning any work and provide routine progress reports, at the City's request F . Contractor shall be willing to testify as an expert witness in the event of litigation G . Contractor shall be responsible for complying with standard safety practices H . Contractor shall notify the City of Meridian of any significant problems, abnormalities, additional repairs needed, etc. that may have been encountered during or after the work was completed I . The quantities stated in the above bid schedule represent a maximum. The contract herein does not guarantee approval of the maximum 2009 SEWER MANHOLE RETROFITS page 10 of 12 quantity listed and may include any and all quantities up to the maximum listed in the bid schedule 7 . Contractor shall use Sprayrock, or equivalent, in all manhole repairs. MANHOLE LOCATION MAPS are included in the Invitation to Bid Package # PW - 09 -004, and by this reference made a part hereof. 2009 SEWER MANHOLE RETROFITS page 11 of 12 Attachment B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $50,935.00. Task Description Quantity Unit of Price Extended Measure Price A. Repair manholes to stop 26 Each $875.00 $22.750.00 infiltration B. Uncover manholes located 23 Each $675.00 $15,525.00 in asphalt and/or restore manholes to proper grade C. Uncover manholes located 20 Each $255.00 $ 5,100.00 in dirt and/or restore to proper grade D. Uncover manholes located 24 Each $265.00 $ 6,360.00 in below proper grade and restore to proper grade E. Extend sewer lines into 1 Each $600.00 $ 600.00 manhole F. Repair loose ring on 1 Each $500.00 $ 500.00 manhole G. Remove lip on service line 1 Each $100.00 $ 100.00 TOTAL 1 $50,935.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. 2009 SEWER MANHOLE RETROFITS page 12 of 12 • • AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES FY 2009 SEWER LINE CLEANING, MAINTENANCE, TV AND INSPECTION THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of 17eaerntrer, 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Pipeline Inspection Services, Inc, hereinafter referred to as "CONTRACTOR", whose business address is P.O. Box 3023, Nampa, ID 83653 and whose Public Works Contractor License # is RCE -8482. INTRODUCTION Whereas, the City has a need for services involving FY 2009 Sewer Cleanina, Maintenance. TV and Inspection; 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 fumish 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 Attachment "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. FY 2009 Sewer Cleaning, Maintenance, TV and Inspection — page 1 of 10 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 Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof in the amount of $75,893.50. 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. 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, 2009 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. FY 2009 Sewer Cleaning, Maintenance, TV and Inspection — page 2 of 10 Upon agreement by the City and the Contractor, three (3) additional one (1) year options may be considered.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 Attachment 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. 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 FY 2009 Sewer Cleaning, Maintenance, TV and Inspection — page 3 of 10 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 Attachment 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 specked 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, 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 FY 2009 Sewer Cleaning, Maintenance, TV and Inspection — page 4 of 10 litigation costs and attomeys' 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 Broadway 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. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 7. 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: FY 2009 Sewer Cleaning, Maintenance, TV and Inspection — page 5 of 10 City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Pipeline Inspection Services, Inc P. O. Box 3023 Nampa, ID 83653 Idaho Public Works License #: RCE -8482 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. 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. 12. 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. 13. Reports and Information: 13.1 At such times and in such fors 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 FY 2009 Sewer Cleaning, Maintenance, TV and Inspection — page 6 of 10 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, FY 2009 Sewer Cleaning, Maintenance, TV and Inspection — page 7 of 10 CITY OF BY: oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. 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. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. _MAYOR Dated: U 1- to -09 Attest: JAYCEE L" HOLMAN, Approved as to 10 CONTRACTOR Pipeline Inspection Services, Inc Dated: /Z-2 9-08 AGENT Dated: / 2 - / q " 0 a Approved as to Form CITY ATTORNEY Approved by City Council: (a ` a 3 - O S Department Approval BY: NAME: _1&7,Af►Nt �DLIU b TITLE: STA Pr- I NUE Z Dated: FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 8 of 10 • 0 Attachment A SCOPE OF WORK The FY 2009 Sewer Cleaning, Maintenance, TV & Inspection project will include the following work: 1. Cleaning of approximately 217,000 feet of sewer line 2. CCTV of approximately 50,000 feet of sewer lines 3. Smoke testing as requested 4. Lift Station cleaning per the following schedule: 10 Lift Stations per month for grease removal 20 Lift Stations per year for grit removal 5. Emergency repair of sewer lines 6. Emergency repair of manholes 7. Collection system backup response (on-call 24/7 services) SPECIFICATIONS A. Time and materials must be approved prior to beginning any work B. Cost of materials will be approved on an as -needed basis C. The City of Meridian will determine work that is classified as an emergency D. In the event of emergency repair of sewer lines and manholes, the City of Meridian shall determine if the repair work will be temporary or permanent E. In the event of emergency on-call services, contractor shall have a 30 minute response by phone and a maximum of 2 hours for on-site response following notification of emergency. F. Contractor will be permitted to dump debris, related to work described in this contract, at the City of Meridian Wastewater Treatment Plant located at 3401 N. Ten Mile Rd, Meridian, ID 83642. G. Contractor shall notify the City of Meridian prior to beginning any work H. All work shall conform to the Idaho Standards for Public Works Construction (ISPWC), Ada County Highway District (ACHD) and City of Meridian Standards I. Contractor shall be responsible for traffic control and any permits required to work in ACHD Right of Way J. Contractor shall be willing to testify as an expert witness in the event of litigation K. Contractor shall be responsible for complying with standard safety practices L. Contractor must identify all sub -contractors to be used and the City of Meridian must approve the sub -contractor prior to beginning any work M. Contractor shall notify the City of Meridian of any significant problems, abnormalities, additional repairs need, etc. that may have been encountered during or after the work was completed. N. The quantities stated in the above bid schedule represent a maximum. The contract herein does not guarantee approval of the maximum quantity listed and may include any and all quantities up to the maximum listed in the bid schedule O. Contractor shall use CIPP Permaliner, or equivalent, in all sewer pipe repairs. FY 2009 Sewer Cleaning, Maintenance, TV and Inspection — page 9 of 10 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $75,893.50 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. FY 2009 Sewer Cleaning, Maintenance, TV and Inspection — page 10 of 10 0 January 2, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Task Order No. 07S Capacity Situational Analysis January 6, 2009 ITEM NO. 6-K with Pharmer Engineering, Inc. for Wastewater for $10,000.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 22, 2008 Clint Dolsby, P.E. Interim City Engineer City of Meridian Public Works Department 33 East Broadway Avenue, Suite 200 Meridian, ID 83642 Re: Wastewater Capacity Situational Analysis Task Order 0795 Dear Clint: 1998 W. Judith Lane Boise, Idaho 8370$ Phone (208) 433-1900 Fax(208)433-1901 www.pharmereng.com We have prepared a Task Order 0795 as described below to develop a wastewater capacity situational analysis. The purpose of the project is to determine the best situational option for the City to pursue to achieve compliance with the 7 mgd flow limitation within their existing NPDES discharge permit. We propose to work on time and materials basis with a maximum not to exceed. We will invoice on a time and material basis per the rate schedule shown in Table 1.0. The proposed engineering team for this project consists of Dan Barbeau and Carl Hipwell as the engineering team with quality control by Robert Pharmer. Scope of Work: • Pharmer will prepare a design basis on which to compare alternatives by examining past flow data and then preparing a design memo stating the flow volume of which the capacity situational analysis will be performed. • Pharmer will develop alternatives to achieve flow compliance of the City of Meridian NPDES permit. The working document provided by the City (WWTRSitanaloutline.doc) will be utilized as a basis. Pharmer will further develop the presented options and add or delete to the options. Each option will be considered for general viability, and a finalist list developed for further refinement. • Finalist Alterative Development. The finalist alternatives will be developed further to allow associated capital and operational costs to be prepared on a preliminary basis. Pharmer will prepare general schematics of each alternative and a list of alternative components and associated general layouts. • Alternative Evaluation Selection Tree. Pharmer will prepare an alternative evaluation'selection tree, which will be a weighted comparison of all finalist alternatives. The evaluation criteria will include capital costs, o&m costs, ability to meet permit objectives within time requirements, and other factors as identified by the City personnel and Pharmer within a working meeting to discuss the alternatives. • Recommendation of Most Desirable Alternative. Pharmer will prepare a letter report which will summarize the finalist alternatives considered, the results of the selection tree process, and recommend the most desirable alternative. Pharmer will prepare a site plan with general information of the most desirable alternative and a preliminary cost estimate for the Implementation of the most desirable alternative. • Pharmer will prepare a summary list of considerations of each alternative summarizing why we selected or eliminated an alternative. Total Estimated Costs not to Exceed $ 10,000 Table 1.0 — Pharmer Engineering Rate Table Classification Hourly Rate Engineer IV $147.00 Engineer V $137.00 Engineer IV $122.00 Engineer 111 $105.00 Engineer 11 $95.00 Engineer 1 $85.00 Technician IV $85.00 Technician III $74.00 Resident Project Representative $80.00 Administration Assistance $60.00 Pharmer Engineering does not bili for phone calls, computer usage or similar. Direct expenses consist of copy charges and mileage and will be included in invoicing. Schedule: • Pharmer will complete the work within 60 days of authorization to proceed. Sincerely, lgal%irt D. Ph rmer P.E. Pharmer Engineering, LLC CITY OF MERIDIAN Tammy de W rd, Mayor `x'\01 ,,11'' �` ` of Date: , ' O Attest: AL Jaycee Ima ,jity erk Date: C` ,'�'��''�►r�urOu ► ,r0110 QA Public Works Department Date: Iuh J (of - P chasing Departme Date: f 9 OL Approved by City Council: l — 6 - ;t OV -I E Memo To: Keith Watts, Purchasing Manager, Kathy Wanner, Accounting Specialist From: Clint Dolsby, P.E., Interim City Engineer CC: Tom Barry, Public Works Director Date: 12/31/2008 Re: Proposed Agenda Items for January 6, 2009 City Council Meeting The Public Works Department respectfully requests the following items be placed on the January 6 City Council agenda, under Consent Agenda, for Council's consideration: ®1 Wastewater Capacity Situational Analysis Task Order No. 0795. Pharmer Engineering, Inc. has been selected to assist in the completion of the City of Meridian's Capacity Situational Analysis. This project will analyze options and make recommendations for the City to pursue to achieve compliance with the 7.0 million gallon per day flow limitation in the NPDES Permit. Pharmer has submitted a task order, scope of work, and budget for the engineering services to develop a wastewater capacity situational analysis. They propose to complete the work for $10,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 1 e of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects and will be charged to accounting code 3500- 55103. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wastewater Capacity Situational Analysis Task Order No. 0795 with Pharmer Engineering, Inc. for $10,000 and authorize the Mayor to sign it, 2. Task Order No. 8 — Sidestream Nitrogen Removal Study. CH2M HILL has been selected to perform a Sidestream Nitrogen Removal Study for the wastewater treatment plant. In anticipation of possible future NPDES effluent limits for nitrogen and potential capacity improvements the City has selected CH2M HILL to evaluate several technologies to address its nitrogen -rich recycle flow. CH2M HILL has submitted a task order, scope of work, and budget for the engineering services for this work. They propose to complete the work for $48,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the Page 1 0 0 121" of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects and will be charged to accounting code 3590-96170. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Task Order No. 8 — Sidestream Nitrogen Removal Study with CI -12M HILL for $48,000 and authorize the Mayor to sign it 3. Change Order No. 1 for the Biosolids Improvement Project. Additional work is required for the Biosolids Improvement Project. This change order consists of the following work, which is 2.25% of the original contract amount for the project and will be charged to 3590-96170. • The addition of a block building for the Gas Booster Equipment. • The chemical feed vault with injection points for chemical feed into the new Digesters 4 and 5. This will enable the wastewater plant to feed chemicals to reduce odors in the solids and the amount of struvite formation. • Adjustments to the pipe routing of the primary sludge piping in the Digester 1 and 2 building to accommodate an inoperable valve that prevented the primary sludge piping from bring installed prior to taking Digester 1 and 2 offline. • Addition of sludge screening in order to seed the new Digesters with solids from the existing digesters. The Ewing Company submitted a cost for this change order as summarized below: The Ewing Company $233,081.98 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Biosolids Improvement Project with The Ewing Company for $233,081.98 and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 2 E December 22, 2008 Clint Dolsby, P.E. Interim City Engineer City of Meridian Public Works Department 33 East Broadway Avenue, Suite 200 Meridian, ID 83642 Re: Wastewater Capacity Situational Analysis Task Order 0795 Dear Clint: 0 1998 W. Judith lane Boise, Idaho 83705 Phone (208) 433-1900 Fax (208) 433-1901 www.pharmereng.com We have prepared a Task Order 0795 as described below to develop a wastewater capacity situational analysis. The purpose of the project is to determine the best situational option for the City to pursue to achieve compliance with the 7 mgd flow limitation within their existing NPDES discharge permit. We propose to work on time and materials basis with a maximum not to exceed. We will invoice on a time and material basis per the rate schedule shown in Table 1.0. The proposed engineering team for this project consists of Dan Barbeau and Carl Hipwell as the engineering team with quality control by Robert Pharmer. Scope of Work: • Pharmer will prepare a design basis on which to compare alternatives by examining past flow data and then preparing a design memo stating the flow volume of which the capacity situational analysis will be performed. • Pharmer will develop alternatives to achieve flow compliance of the City of Meridian NPDES permit. The working document provided by the City (WWTRSitanaloutline.doc) will be utilized as a basis. Pharmer will further develop the presented options and add or delete to the options. Each option will be considered for general viability, and a finalist list developed for further refinement. • Finalist Alterative Development. The finalist alternatives will be developed further to allow associated capital and operational costs to be prepared on a preliminary basis. Pharmer will prepare general schematics of each alternative and a list of alternative components and associated general layouts. • Alternative Evaluation Selection Tree. Pharmer will prepare an alternative evaluation selection tree, which will be a weighted comparison of all finalist alternatives. The evaluation criteria will include capital costs, o&m costs, ability to meet permit objectives within time requirements, and other factors as identified by the City personnel and Pharmer within a working meeting to discuss the alternatives. • Recommendation of Most Desirable Alternative. Pharmer will prepare a letter report which will summarize the finalist alternatives considered, the results of the selection tree process, and recommend the most desirable alternative. Pharmer will prepare a site plan with general information of the most desirable alternative and a preliminary cost estimate for the implementation of the most desirable alternative. • Pharmer will prepare a summary list of considerations of each alternative summarizing why we selected or eliminated an alternative. Total Estimated Costs not to Exceed $ 10,000 Table 1.0 — Pharmer Engineering Rate Table Classification Hourly Rate Engineer IV $147.00 Engineer V $137.00 Engineer IV $122.00 Engineer III $105.00 Engineer II $95.00 Engineer I $85.00 Technician IV $85.00 Technician III $74.00 Resident Project Representative $80.00 Administration Assistance $60.00 Pharmer Engineering does not bill for phone calls, computer usage or similar. Direct expenses consist of copy charges and mileage and will be included in invoicing. Schedule: • Pharmer will complete the work within 60 days of authorization to proceed. Sincerely, CITY OF MERIDIAN 'Abert D. Pharmer P. E. Tammy de Weerd, Mayor Pharmer Engineering, LLC Date: Attest: Jaycee Holman, City Clerk Date: Public Works Department Date: Purchasing Department Date: Approved by City Council: • 0 January 2, 2009 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT ITEM NO. 6-L REQUEST Task Order No. 8 with CH2M HILL for Sidestream Nitrogen Removal Study for $48,000.00 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. TASK ORDER NO. 2.8 UNDER THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN AND C112M HILL, INC. This Task order is entered into by and between City of MERIDIAN (OWNER) and CH2M HILL, Inc. (ENGINEER), according to the terms and conditions of the Master Agreement (AGREEMENT) for Professional Services, dated January 1, 2407. See Attachments A and B for the Scope and Fee for Task 2.8 All other terms and conditions of the original agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties execute below: For CH2M HELL, Inc. For City of Meridian dated this _zz�y of Tammy Jaycee Wman, City Clerk Approved By City Council: Co j a- b O % - //'- I � /', A,; � �7 / �'ti BEAD, _ "4iirr4 111 lt` t%%e����`a� P w Pra j 805 Task Order 2.8 Attachment A Sidestream Nitrogen Removal Study Project Understanding In anticipation of possible future NPDES effluent limits for nitrogen and potential capacity improvements, the City of Meridian (City) wants to evaluate several technologies to address its nitrogen -rich recycle flow, principally from the centrate flow stream. Centrate is currently equalized and then conveyed to the head of the plant. This recycled flow represents a significant contribution to the overall nitrogen levels in the final effluent. This study will consider alternative approaches to treating the centrate sidestream. Additionally, some of these technologies have the potential to increase overall system capacity by augmenting nitrifiers back into the main process, which allows operation at lower SRTs and subsequent increases in overall plant capacity. Scope of Work CHUM HILL will perform four tasks as outlined below. Task 1 Water Quality and Infrastructure Assessment Task 1.1 Kickoff Meeting CH2M HILL will meet with the City to further define project goals, review potential treatment technologies to achieve these goals, and define data needed to analyze these technologies. CH2M HILL will travel to the City for this meeting. Task 1.2 Sidestream Water Quality Characterization and Treatability CH2M HILL will evaluate and document the historical characteristics of the centrate sidestream, focusing on alkalinity, pH, TKN (organic and inorganic), and phosphorus. Although phosphorus is not a targeted nutrient, up to 5 screening level samples will be collected to ensure that phosphorus limitations do not impede treatment. The samples will be analyzed by the City and written results provided to CH2M HILL. Utilizing projections for sludge flow and loads provided by the City, future sidestream loadings will be developed for planning purposes. Task 1.3 Existing Sidestream Facility Assessment CH2M HILL will assess the serviceability of the existing plant equipment needed to support the sidestream treatment alternatives being developed under subsequent tasks. At this stage of the study, hydraulic modeling will not be conducted. The results of the site visit, along with equipment drawings, and capacities of key process units will be compiled. Task 1.4 Existing Bioreactor Performance CH2M HILL will assess the ability of the current liquids treatment system to remove nutrients from the raw sewage. This will include developing a sampling program (to be executed by the city) that examines the nutrient profiles with the secondary treatment system (Ammonia, Nitrate, Orthophosphate, soluble COD). This data will be used to calibrate the existing whole plant model for the new secondary treatment system configuration. This model can then be used to estimate the impacts of sidestream treatment on both nutrient removal and plant overall capacity. Task 2 Development of Alternatives Task 2.1 Alternatives for Integrated Treatment This task will define an integrated sidestream and in -plant nitrogen removal process. This integrated approach would not only remove nitrogen from the sidestream, but also would potentially increase the main plant's ability to remove nitrogen. This could be achieved through bioaugmentation of nitrifying bacteria from the sidestream treatment system to the main plant. However, in order to be able to quantify the range of impacts of the integrated sidestream treatment system on the main plant's nitrogen removal capacity, a preliminary process model of the facility will need to be updated and calibrated using Pro2D. Process performance will be assessed at two temperatures, minimum month winter and average summer. Under this task, CH2M HILL will identify up to three integrated sidestream and main plant removal process configurations. Task 2.2 Conceptual Capital and Operating Costs Order of magnitude capital and operating costs will be developed for up to three treatment alternatives. Key operating costs that will be captured include energy, chemicals, and labor. Unit costs for these parameters will be provided by the City. Task 2.3 Effects on Struvite Harvesting CH2M HILL will analyze the effects that sidestream nitrogen removal will have on the struvite harvester technology such as that offered by Ostara. As part of the final report, a section summarizing the change in chemistry in the struvite harvester will be provided. Task 3 Report Preparation and Final Workshop CH2M HILL will prepare a draft report on the information developed in the first two tasks of the project. A review meeting will be conducted to discuss comments on the report. Comments will be incorporated and a final report will be issued. Task 4 Project Management Project management will consist of • Supervising project staff, • holding consultant staff coordination meetings as required, • documenting meeting decisions and action items, • assigning activities to team members, • monitoring project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion, • monitoring project activities for potential changes, anticipate changes when possible, and with Owner approval, modify project tasks, budgets, and approach, • preparing and submitting a monthly billing with backup documentation, • performing project quality control reviews of deliverables on this project. Attachment B Compensation Level of Effort The task level of effort estimates are summarized in the following table. CH2M HILL has developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below without prior approval by the City. Level of Effort Task Description Total Task 1 Water Quality Infrastructure and Assessment $8,000 2 Evaluation of Alternatives $25,000 3 Report Preparation and Final Workshop $11,000 4 Project Management $4,000 Summary - All Tasks $48,000 All costs will be billed as time and materials basis not to exceed the value above. All work will be completed and costs will be billed in accordance with the Master Service Agreement dated January 1, 2007. Schedule A draft report will be submitted within 30 days of the date when sampling and analysis is completed. A final report will be submitted within 60 days of the date when sampling and analysis is completed. CH2M HILL is prepared to proceed without a signed contract if written authorization (letter or e-mail) to proceed is received. 0 Memo To: Keith Watts, Purchasing Manager, Kathy Wanner, Accounting Specialist From: Clint Dolsby, P.E., Interim City Engineer CC: Tom Barry, Public Works Director Date: 12/31/2008 Re: Proposed Agenda Items for January 6, 2009 City Council Meeting The Public Works Department respectfully requests the following items be placed on the January 6 City Council agenda, under Consent Agenda, for Council's consideration: Wastewater Capacity Situational Analysis Task Order No. 0795. Pharmer Engineering, Inc. has been selected to assist in the completion of the City of Meridian's Capacity Situational Analysis. This project will analyze options and make recommendations for the City to pursue to achieve compliance with the 7.0 million gallon per day flow limitation in the NPDES Permit. Pharmer has submitted a task order, scope of work, and budget for the engineering services to develop a wastewater capacity situational analysis. They propose to complete the work for $10,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12th of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects and will be charged to accounting code 3500- 55103. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wastewater Capacity Situational Analysis Task Order No. 0795 with Pharmer Engineering, Inc. for $10,000 and authorize the Mayor to sign it. Task Order No. 8 — Sidestream Nitrogen Removal Study. CH21VI HILL has been selected to perform a Sidestream Nitrogen Removal Study for the wastewater treatment plant. In anticipation of possible future NPDES effluent limits for nitrogen and potential capacity improvements the City has selected CH21VI HILL to evaluate several technologies to address its nitrogen -rich recycle flow. CH2M HILL has submitted a task order, scope of work, and budget for the engineering services for this work. They propose to complete the work for $48,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 0 Page 1 12t�' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects and will be charged to accounting code 3590-96170. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Task Order No. 8 — Sidestream Nitrogen Removal Study with CI -12M HILL for $48,000 and authorize the Mayor to sign it. 3. Change Order No. 1 for the Biosolids Improvement Project. Additional work is required for the Biosolids Improvement Project. This change order consists of the following work, which is 2.25% of the original contract amount for the project and will be charged to 3590-96170. • The addition of a block building for the Gas Booster Equipment. • The chemical feed vault with injection points for chemical feed into the new Digesters 4 and 5. This will enable the wastewater plant to feed chemicals to reduce odors in the solids and the amount of struvite formation. • Adjustments to the pipe routing of the primary sludge piping in the Digester 1 and 2 building to accommodate an inoperable valve that prevented the primary sludge piping from bring installed prior to taking Digester 1 and 2 offline. • Addition of sludge screening in order to seed the new Digesters with solids from the existing digesters. The Ewing Company submitted a cost for this change order as summarized below: • The Ewing Company $233,081.98 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Biosolids Improvement Project with The Ewing Company for $233,081.98 and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 2 TASK ORDER NO. 2.8 UNDER THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN AND C112M HILL, INC. This Task order is entered into by and between City of NIEMIAN (OWNER) and CH2M HILL, Inc. (ENGINEER), according to the terms and conditions of the Master Agreement (AGREEMENT) for Professional Services, dated January 1, 2007. See Attachments A and B for the Scope and Fee for Task 2.8 All other terms and conditions of the original agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties execute below: For CH2M HU L,, Inc. dated this day of .-' 2008. Name Title For City of Meridian dated this day of , 2008. By: Tammy de Weerd, Mayor Attest: Jaycee Holman, City Clerk Approved By City Council: Task Order 2.8 Attachment A Sidestream Nitrogen Removal Study Project Understanding In anticipation of possible future NI DES effluent limits for nitrogen and potential capacity improvements, the City of Meridian (City) wants to evaluate several technologies to address its nitrogen -rich recycle flow, principally from the centrate flow stream. Centrate is currently equalized and then conveyed to the head of the plant. This recycled flow represents a significant contribution to the overall nitrogen levels in the final effluent. This study will consider alternative approaches to treating the centrate sidestream. Additionally, some of these technologies have the potential to increase overall system capacity by augmenting nitrifiers back into the main process, which allows operation at lower SRTs and subsequent increases in overall plant capacity. Scope of Work CH2M HILL will perform four tasks as outlined below. Task 1 Water Quality and Infrastructure Assessment Task 1.1 Kickoff Meeting CH2M HILL will meet with the City to further define project goals, review potential treatment technologies to achieve these goals, and define data needed to analyze these technologies. CH2M HILL will travel to the City for this meeting. Task 1.2 Sidestream Water Quality Characterization and Treatability CH2M HILL will evaluate and document the historical characteristics of the centrate sidestream, focusing on alkalinity, pH, TKN (organic and inorganic), and phosphorus. Although phosphorus is not a targeted nutrient, up to 5 screening level samples will be collected to ensure that phosphorus limitations do not impede treatment. The samples will be analyzed by the City and written results provided to CH2M HILL. Utilizing projections for sludge flow and loads provided by the City, future sidestream loadings will be developed, for planning purposes. Task 1.3 Existing Sidestream Facility Assessment CH2M HILL will assess the serviceability of the existing plant equipment needed to support the sidestream treatment alternatives being developed under subsequent tasks. At this stage of the study, hydraulic modeling will not be conducted. The results of the site visit, along with equipment drawings, and capacities of key process units will be compiled. Task 1.4 Existing Bioreactor Performance CH2M HILL will assess'the ability of the current liquids treatment system to remove nutrients from the raw sewage. This will include developing a sampling program (to be executed by the city) that examines the nutrient profiles with the secondary treatment system (Ammonia,.Nitrate, Orthophosphate, soluble COD). This data will be used to calibrate the existing whole plant model for the new secondary treatment system configuration. This model can then be used to estimate the impacts of sidestream treatment on both nutrient removal and plant overall capacity. Task 2 Development of Alternatives Task 2.1 Alternatives for Integrated Treatment This task will define an integrated sidestream and in -plant nitrogen removal process. This integrated approach would not only remove nitrogen from the sidestream, but also would potentially increase the main plant's ability to remove nitrogen. This could be achieved through bioaugmentation of nitrifying bacteria from the sidestream treatment system to the main plant. However, in order to be able to quantify the range of impacts of the integrated sidestream treatment system on the main plant's nitrogen removal capacity, a preliminary process model of the facility will need to be updated and calibrated using Pro2D. Process performance will be assessed at two temperatures, minimum month winter and average summer. Under this task, CH2M HILL will identify up to three integrated sidestream and main plant removal process configurations. Task 2.2 Conceptual Capital and Operating Costs Order of magnitude capital and operating costs will be developed for up to three treatment alternatives. Key operating costs that will be captured include energy, chemicals, and labor. Unit costs for these parameters will be provided by the City. Task 2.3 Effects on Struvite Harvesting CH2M HILL will analyze the effects that sidestream nitrogen removal will have on the struvite harvester technology such as that offered by Ostara. As part of the final report, a section summarizing the change in chemistry in the struvite harvester will be provided. Task 3 Report Preparation and Final Workshop CH2M HILL will prepare a draft report on the information developed in the first two tasks of the project. A review meeting will be conducted to discuss comments on the report. Comments will be incorporated and a final report will be issued. Task 4 Project Management Project management will consist of: • Supervising project staff, • holding consultant staff coordination meetings as required, • documenting meeting decisions and action items, • assigning activities to team members, • monitoring project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion, • monitoring project activities for potential changes, anticipate changes when possible, and with Owner approval, modify project tasks, budgets, and approach, • preparing and submitting a monthly billing with backup documentation, • performing project quality control reviews of deliverables on this project. Attachment B Compensation Level of Effort The task level of effort estimates are summarized in the following table. CH2M HILL has developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below without prior approval by the City. Level of Effort Task Description Total Task 1 Water Quality Infrastructure and Assessment $8.000 2 Evaluation of Alternatives $25,000 3 Report Preparation and Final Workshop $11.000 4 Project Management $4,000 Summary - All Tasks $48,000 All costs will be billed as time and materials basis not to exceed the value above. All work will be completed and costs will be billed in accordance with the Master Service Agreement dated January 1, 2007. Schedule A draft report will be submitted within 30 days of the date when sampling and analysis is completed. A final report will be submitted within 60 days of the date when sampling and analysis is completed. CH2M HILL is prepared to proceed without a signed contract if written authorization (letter or e-mail) to proceed is received. • January 2, 2009 • MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT ITEM NO. 6-M REQUEST Change Order No. 1 with The Ewing Company for Biosolids Improvement Project for $233,081.98 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. CHANGE ORDER 1 PROJECT: City of Meridian — Biosolids Improvement Project DATE OF ISSUANCE: December 15, 2008 EFFECTIVE DATE: December 15, 2008 OWNER: City of Meridian CONTRACTOR The Ewing Company ENGINEER: Carollo Engineers P.C. You are directed to make the following changes in the Contract Documents. • Installation of the Gas Booster Building. (WCD 42) • Chemical Feed Vault installation. (WCD 044) • Digester 1 & 2 piping adjustment. (WCD 046) • Digester seeding and sludge screening. (RFP 06) Attachments: The Ewing Company Change Proposal Request - (WCD 042) - September 16, 2008 for $143,219.20 The Ewing Company Change Proposal Request - (WCD 044) - , 2008. $31,640.70 The Ewing Company Change Proposal Request - (WCD 046) -, 2008. $9,491.58 The Ewing Company Change Proposal Request - (RFP 06) - 8, 2008. $48,730.50 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion: 670 Dave — September 2.2008 $ 10,314,000.00 Ready for Final Payment: 730 Days — November 1. 2008 &ysorNet Changes from previous Change Orders No. d to No._2 Net Changes from previous Change Orders No. 0 to No. 0 $ 0 0 days IDay Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 670 Days — September 2. 2008 $ 10,314,000.00 Ready for Final Payment: 730 Days — Novenibm 1. 2008 days or d9w Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $ 233,081.98 225 dM Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion: , 670 Days — September 2. 2008 $ 10,547,081.98 Ready for final payment: 955 Days — June 14.2009 days ordaso RECOMMENDED BY ENGINEER: By. Bill B , P.E.' //s O� Date: `/ APPROVED BY OWNER ( L't W& Clint Dolsb ',P.E., Pu lic Works Date: Mill -o2 ACCEPTED BY CONTRACTOR: Y Wesrd, Mayor Date: t- 1? --06 _ ,7wUN i I ' Ira ..r iJvlCi ,: eaEp !:+.:°t • ia;-. , �e�tSf;.� .' i�'�� • iL*..°�f:� .5.�1 ..7 iii September 16, 2008 City of Meridian 33 E Idaho St Meridian, ID 83642 Attn: Clint Dolsby Meridian WWTP Biosolids RE: WCD 042 Dear Clint: Please find attached quotes for adding a Block Building on the Gas Booster Pad for a lump sum of $143,219.20. Breakdown Concrete & Rebar - The Ewing Co., Inc $ 5,159.74 Excavation- Sommers 5,340.00 Masonry- TMC 11,670.00 HM Doors & Hardware 5,347.00 Glass - Commercial Glass 490.00 Painting- Color Craft 480.00 Steel Joist & Deck - Outland Steel 17,940.00 Roofing & Sheet Metal — Quality Tile 26,736.00 Caulking Seal Co 428.00 Insulation- G&G Insulation 485.00 HVAC — YMC 17,749.00 Electrical- Custom Electric 31,400.00 Supervision -The Ewing Co., Inc 10.500.00 Sub- total $133,724.74 OH&P 6.686.24 $140,410.98 Bonding & Insurance 2.808.22 Total $ 143.219.20 Thank you. Ro J. Woodward Project Manager Ewing Company, Inc October 17, 2008 City of Meridian 33 E Idaho St Meridian, ID 83642 Attn: Clint Dolsby Meridian WWTP Biosolids RE: WCD 044 REVISED Dear Clint: [7 Please find attached quotes for adding Vault & Fire Hydrant for a lump sum of $31,640.70. Breakdown Breakdown — Sommer Construction $ 19,562.00 The Ewing Co., Inc 10,572.00 Sub- total $ 30,134.00 The Ewing co., Inc OH&P 1,506.70 Total $ 31.640.70 Thank you. o J. Woodward Project Manager The Ewing Company, Inc s October 9, 2008 City of Meridian 33 E Idaho St Meridian, ID 83642 Attn: Clint Dolsby Meridian WWTP Biosolids RE: WCD 42 & 44 Dear Clint: The Ewing Co., Inc turned in quotes for these 2 we are proceeding. We are requesting Time Extension to the contract on these: #42 would be 75 days and #44 would be 30 days. ThaVtManager . Rooodward Pro The Ewing Company, Inc October 16, 2008 City of Meridian 33 E Idaho St Meridian, ID 83642 Attn: Clint Dolsby Meridian WWTP Biosolids RE: WCD 046 REVISED Dear Clint: s Please find attached a quote from Lacy Mechanical to extend PS Piping as requested for a lump sum of $9,491.58. . Please add 90 days to contract. -_-,_ 11 , Lacy Mechanical $ 9,039.60 The Ewing Co OHP 451.98 Total 9.491.58 Thank you. 0 *Ro. Woo ward Project Manager The Ewing Company, Inc November 21, 2008 City of Meridian 33 E Idaho St Meridian, ID 83642 Attn: Clint Dolsby Meridian WWTP Biosolids RE: Asphalt Paving Allowance Dear Clint: Please find attached a price for charging asphalt to recycled asphalt. We have deleted concrete swale for a lump sum of $58,961.70. Per drawing CIA & Cl attached: Breakdown — Nampa Paving $ 60,010.00 Deduct: Concrete Swale 3,856.00 Sub- total $ 56,154.00 The Ewing co., Inc OH&P 2,807.70 Total $ 58.961.70 Thank you. ARVrt WJWoodward Project Manager The Ewing Company, Inc 12"' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects and will be charged to accounting code 3590-96170. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Task Order No. 8 — Sidestream Nitrogen Removal Study with CI -12M HILL for $48,000 and authorize the Mayor to sign it G) Change Order No. 1 for the Biosolids Improvement Project. Additional work is required for the Biosolids Improvement Project. This change order consists of the following work, which is 2.25% of the original contract amount for the project and will be charged to 3590-96170. • The addition of a block building for the Gas Booster Equipment. • The chemical feed vault with injection points for chemical feed into the new Digesters 4 and 5. This will enable the wastewater plant to feed chemicals to reduce odors in the solids and the amount of struvite formation. • Adjustments to the pipe routing of the primary sludge piping in the Digester 1 and 2 building to accommodate an inoperable valve that prevented the primary sludge piping from bring installed prior to taking Digester 1 and 2 offline. • Addition of sludge screening in order to seed the new Digesters with solids from the existing digesters. The Ewing Company submitted a cost for this change order as summarized below: The Ewing Company $233,081.98 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Biosolids Improvement Project with The Ewing Company for $233,081.98 and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 2 • CHANGE ORDER 1 • PROJECT: City of Meridian — Biosolids Improvement Project DATE OF ISSUANCE: December 15, 2008 EFFECTIVE DATE: December 15, 2008 OWNER: City of Meridian CONTRACTOR: The Ewing Company ENGINEER Carollo Engineers P.C. You are directed to make the following changes in the Contract Documents. • Installation of the Gas Booster Building. (WCD 42) • Chemical Feed Vault installation. (WCD 044) • Digester 1 & 2 piping adjustment. (WCD 046) • Digester seeding and sludge screening. (RFP 06) Attachments: The Ewing Company Change Proposal Request - (WCD 042) - September 16, 2008 for $143,219.20 The Ewing Company Change Proposal Request - (WCD 044) —, 2008. $31,640.70 The Ewing Company Change Proposal Request - (WCD 046) 2008. $9,491.58 The Ewing Company Change Proposal Request - (RPP 06) — 8, 2008. $48,730.50 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES. Original Contract Price Original Contract Times Substantial Completion: 670 Days — September 2.2008 $ 10,314,000.00 Ready for Final Payment: _ 730 Days — November 1, 2008 days or dates Net Changes from previous Change Orders No. _0 _ to No._Q Net Changes from previous Change Orders No. 0 to No. 0 $ 0 0 days Days Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 670 Days — September 2.2008 10 314 000.00 Ready for Final Payment: 730 Days — November 1, 2008 days or dates Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $ _233,081.98 225 days Contract Price with all approved Change Orders Contract Tithes with all approved Change Orders Substantial Completion: 670 Days — September 2, 2008 $ 10,547,081.98 Ready for final payment: 955 Days — June 14. 2009 days or dates ICL' 1. JIMUMMINUL+U IST NINVINE+-WC By Bill B , P.E. Date: «iS- o5 APPROVED BY OWNER: ( J�s U, Clint Dolsb3��r, P.E., Public Works Date: _ �ZOtIla? Date: ACCEPTED BY CONTRACTOR: By: ntrictor (A prized tgnature) Date c. 7,0 Tammy de Weerd, Mayor Attest: Jaycee Holman., City Clerk Date: ! l' ifr:�ti:k Ml�w r:a•.fca •'. .-i+;::r• ��:7;sis:.. , r'-aJC• ® 'Gi3'r'�` �:/; sSf�41 1 September 16, 2008 City of Meridian 33 E Idaho St Meridian, lD 83642 Attn: Clint Dolsby Meridian WWTP Biosolids Dear Clint: Please find attached quotes for adding a Block Building on the Gas Booster Pad for a lump sum of $143,219.20. Breakdown Concrete & Rebar - The Ewing Co., Inc $ 5,159.74 Excavation- Sommers 5,340.00 Masonry- TMC 11,670.00 HM Doors & Hardware 5,347.00 .Glass - Commercial Glass 490.00 Painting- Color Craft 480.00 Steel Joist & Deck - Outland Steel 17,940.00 Roofing & Sheet Metal — Quality Tile 26,736.00 Caulking- Seal Co 428.00 Insulation- G&G Insulation 485.00 HVAC — YMC 17,749.00 Electrical- Custom Electric 31,400,00 Supervision -The Ewing Co., IncOl .M.00 Sub- total $133,724.74 OH&P 6,686.24 $140,410.98 Bonding & Insurance 2,808.22 Total Thank you. 21 .20 Ro rt J. Woodward Project Manager Ewing Company, Inc October 17, 2008 City of Meridian 33 E Idaho St Meridian, ID 83642 Attn: Clint Dolsby Meridian WWTP Biosolids RE: WCD 044 REVISED Dear Clint: Please find attached quotes for adding Vault & Fire Hydrant for a lump sum of $31,640.70. Breakdown Breakdown — Sommer Construction $ 19,562.00 The Ewing Co., Inc 10,572.00 Sub- total $ 30,134.00 The Ewing co., Inc OH&P 1,506.70 Total S 31 .70 Ao k you. J. Woodward Project Manager The Ewing Company, Inc October 9, 2008 City of Meridian 33 E Idaho St Meridian, ID 83642 Attn: Clint Dolsby Meridian WWTP Biosolids RE: WCD 42 & 44 Dear Clint: The Ewing Co., Inc turned in quotes for these 2 we are proceeding. We are requesting Time Extension to the contract on these: #42 would be 75 days and #44 would be 30 days. Thank you. Ro . oadward Pro t Manager The Ewing Company, Inc October 16, 2008 City of Meridian 33 E Idaho St Meridian, ID 83642 Attn: Clint Dolsby Meridian WWTP Biosolids RE: WCD 046 REVISED Dear Clint: v Please find attached a quote from Lacy Mechanical to extend PS Piping as requested for a Jump sum of $9,491.58. Please add 90 days to contract. Breakdown Lacy Mechanical $ 9,039.60 The Ewing Co OHP 451.99 Total 9A21,5-8 Thank you. 406W4owowoard Project Manager The Ewing Company, Inc November 21, 2008 City of Meridian 33 E Idaho St Meridian, ID 83642 Attn: Clint Dolsby (� Meridian WWTP Biosolids RE: Asphalt Paving Allowance Dear Clint: Please fmd attached a price for charging asphalt to recycled asphalt. We have deleted concrete swale for a lump sum of $58,961.70. Per drawing CIA & Cl attached: Breakdown — Nampa Paving $ 60,010 00 Deduct: Concrete Swale 3,856.00 Sub- total $ 56,154.00 The Ewing co., Inc OH&P — 2,807.70 Total 1-5-"61.70 Thank you. A % Rob rt J. Woodward Project Manager The Ewing Company, Inc 0 • January 2, 2009 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT ITEM NO. 6-N REQUEST Award of Bid & Contract for 8th Street Park Pedestrian Pathway and Box Culvert with H2 Excavation for $64,166.92 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. • C� AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES 8t" STREET PEDESTRIAN PATHWAY AND BOX CULVERT, PHASE I PKS-09-002 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this J ' k day of January, 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and H2 EXCAVATION hereinafter referred to as "CONTRACTOR", whose business address is 16089 Franklin Blvd, Unit A #6, Nampa, ID 83687 and whose Public Works Contractor License # is 16456. INTRODUCTION Whereas, the City has a need for services involving 8T" Street Pedestrian Pathway and Box Culvert, Phase I; 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 Attachment "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 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 1 of 35 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. 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 lump sum basis in the amount of $64,166.92 as provided in Attachment 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, 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 2 of 35 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. 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 or (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment 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 Attachment 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 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 45 working days (excluding weekends and City Observed Holidays) 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 $500.00 per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 3 of 35 because of such delay and not be construed as a penalty. 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. 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 Attachment 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 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 4 of 35 • 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 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 attomeys' 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. 8" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 5 of 35 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 Broadway 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. M. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 6 of 35 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. Broadway Avenue Meridian, Idaho 83642 H2 Excavation Attn: Delbert Hedges 16089 Franklin Blvd Unit A. #6 Nampa, ID 83687 Idaho Public Works License #:16456 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. 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. 12. 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. 8t" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 7 of 35 0 0 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be fumished 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or 8�' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 8 of 35 0 • enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. 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. 20. 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. 21. 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. 22. 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. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN H2 EXCAVATION �f B' BY: TAMM WEERD, MAYOR BY - Dated: :Dated: /-7-y7- Dated: Approved by City Council: [ '� �" .TSO •� JAYCEWL. HOLMA , CITSY C ER O 1111"'010�►/►fl► ltttttt���``` 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 9 of 35 • Approved as to Content BY: KEIT S, PUffCHASING AGENT Dated: f- 6- D t q Approved as to Form CITY ATTORNEY e Street Pedestrian Pathway and Box Culvert • Department Approval BY: Abl� NAME: �jt'c�Civw4-j-) TITLE: Dated: PKS-09-002 page 10 of 35 Attachment A SCOPE OF WORK GENERAL SPECIAL PROVISIONS CITY OF MERIDIAN PROJECT NO. PKS-09-002 8T" STREET PARK PEDESTRIAN PATHWAY AND BOX CULVERT PROJECT (Phase 1) GENERAL NOTES BASIS OF PAYMENT Except as modified herein, the various work called for on the Bid Schedule shall be performed, measured, and paid for as indicated on said Bid Schedules and as provided in the 2008 IDAHO STANDARDS FOR PUBLIC WORKS CONSTRUCTION (ISPWC) with all adopted supplements. The Contractor is required to be a holder of the applicable ISPWC and ADOPTED SUPPLEMENTS. The intent of the drawings and specifications is to provide a complete package. No separate payment will be made for items not specifically called out in the Bid Schedule. Any such work shall be considered incidental to other items of work and no separate payment will be made. In the event of a conflict between the Special Provisions and the ISPWC, the Special Provisions shall govem. CLARIFICATION OF DRAWINGS The construction zone for Phase 1 will be from the existing asphalt pathway on the north side of Fivemile Creek to the existing chain link fence on the south side of the Fivemile Creek. Temporary construction entrance and access will be from W. Chateau Ave. Bid Item Miscellaneous Surface Restoration (Pasture and Sod) and Bid Item Miscellaneous Sprinkler Repair shall be limited to these areas only. Sheet 2 of 4 has an ASPHALT PEDESTRIAN PATHWAY detail. This project (Phase 1) 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 11 of 35 • does not include the 3° Class °C° asphalt paving. Contractor shall construct everything in the detail (except for the asphalt) at the appropriate elevation in preparation for the future asphalt paving (not included in this project). . Sheet 3 of 4 has a call out"SEE SHEET 4 FOR BOX CULVERT PLANS (PRECAST MATERIALS PROVIDED BY CITY OF MERIDIAN)" The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 3 of 4 under GENERAL NOTES, note 2 states "This project includes all necessary labor and materials to construct the project with the exception of the box culvert, wingwalls, and cutoff walls (Materials only, provided by the City of Meridian). The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 4 of 4 under GENERAL NOTES, note 2 states "This project includes all necessary labor and materials to construct the project with the exception of the box culvert, wingwalls, and cutoff walls (Materials only, provided by the City of Meridian). The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. BASIS OF QUANTITIES Unless otherwise specified herein, all quantities are based upon in-place, completed, and accepted units. ACCESS DURING CONSTRUCTION The Contractor shall maintain access to a Street Park and along the existing asphalt pathway north of Five Mile Creek at all times throughout the duration of the project. This shall include providing an adequate surface (free of construction materials, holes, and mud) for all pedestrians. The cost to maintain access shall be considered incidental to other items of work and no separate payment will be made. The Contractor shall access the culvert location through the park property from West Chateau Avenue. The Contractor shall be responsible for repairing berms, sod, sprinklers, fencing, and other miscellaneous items damaged or removed to accommodate the Contractor's access to the site. Costs associated with repairing these areas shall be considered incidental to other items of work and no additional payment will be made. UTILITY INFORMATION The Contractor is advised that utility information and locates were not a part of the design and plan Preparation. Therefore, utilities are not shown on the project glans It Is the 8,n Street Pedestrian Pathway and Box Culvert PKS-09-002 page 12 of 35 • 0 Contractor's responsibility to reguest utility locates and Identify any potential conflicts with utilitles prior to beginning construction It shall be the Contractor's responsibility to contact and coordinate with the various utility companies as necessary for the successful completion of the project. This coordination effort shall include, but not be limited to, working other than normal operation hours to permit the relocation of utilities, construction of the box culvert extension and construction of any associated roadway improvements within the time frame of this contract. The cost to contact and coordinate with utilities shall be considered incidental to other items of work and no separate payment will be made. The Contractor shall call Dig Line a minimum of 48 hours prior to any excavation to request utility locations at #811. The Contractor shall expose all existing utility crossings to verify locations and elevations prior to any other construction that may affect those utilities. The cost associated with exposing the existing utilities is considered incidental to the project and no separate payment will be made. DAMAGE BEYOND CONSTRUCTION LIMITS Damage to any area or items outside the construction limits of this project, including existing landscape, irrigation and storm drain facilities, fencing, pavement, curb, gutter, and sidewalk shall be promptly repaired by the Contractor. The cost to complete such repairs shall be considered incidental to other items of work and no separate payment will be made. All items within the construction limits including, but not limited to, trees, bushes, utilities, sidewalks, pipes, driveways, planters, signs, sprinklers, lawns, etc. shall be retained and protected unless specifically noted otherwise on the plans. STORM DRAIN AND IRRIGATION FLOWS The Contractor is responsible for transmitting existing storm drain and irrigation flows, including pathway runoff, during construction. The Contractor shall be responsible for completing all work in conformance with Nampa - Meridian Irrigation District (NMID) requirements. The Contractor shall coordinate all construction activities with the NMID and the City of Meridian at least seven (7) days in advance of work within Fivemile Creek and the canal easement. PROJECT MAINTENANCE DURING CONSTRUCTION The Contractor shall be responsible for project maintenance throughout the life of the contract. This responsibility includes, but is not limited to, blading, sweeping, proper and adequate 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 13 of 35 drainage, access for emergency equipment, and dust control. All project maintenance activities shall also conform to requirements specified in any project permits, including the project Section 404 permit. The Contractor shall be responsible for maintaining both on-site and off-site roadway facilities that are adversely affected by construction activities, including hauling. This maintenance may include, but is not limited to, street sweeping to eliminate tracking (within the project limits, adjacent streets, private driveways, and parking lots), and roadway repairs due to truck and equipment traffic. Required roadway facility maintenance shall be at the discretion of the Engineer. EXCAVATION Excavation, bedding, backfill, and compacting requirements shall be in accordance with ISPWC Specifications except as noted herein. All work shall meet the permit(s) requirements, OSHA requirements and applicable sections of the ISPWC Specifications. Water levels shall be maintained below the bottom of excavations during all types of construction operations. The cost to complete this work shall be considered incidental to the cost of culvert items and no additional payment will be made. SOURCES The Contractor shall prepare and submit submittals of all products to be used to Owner for review and approval. EXCESS MATERIAL SITE The Contractor shall be responsible for providing a site for the disposal of excess or unsuitable materials, unless specifically noted otherwise in the contract documents. If bituminous material is to be disposed of, the site shall meet the requirements of the Idaho Division of Environmental Quality. All excess material sites shall be approved by the City of Meridian. No separate payment shall be made for the acquisition or operation of the sites, nor for loading, hauling or unloading of the materials to the site. QUALITY ASSURANCE TESTS Materials inspection and testing will be provided by the City and coordinated by the contractor. 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 14 of 35 • Re -testing necessitated by the failure of quality assurance testing of materials placed by the Contractor shall be at the Contractor's expense. These costs shall be deducted from progress estimates. CONSTRUCTION STAKING Construction staking to be provided by and paid by contractor. Construction staking shall be considered incidental and no separate payment will be made. ON SITE SUPERVISION The General Contractor shall provide competent on-site supervision during all construction activities, including SUBCONTRACTORS activities. The superintendent shall be identified at the preconstruction conference, and shall at a minimum be on-site from the notice to proceed date to the completion date. If for any reason the superintendent needs to be replaced by the General Contractor, a written notice must be submitted to the City of Meridian within (5) five working days before the event occurs. INFORMATION GIVEN PRIOR TO AWARD Oral explanations, instructions and interpretations given to bidders prior to award of contract will not be binding. It is the City of Meridian's intent to provide all bidders equal .opportunity to access and acquire all available pertinent information necessary to formulate a responsive bid. Any information, specifications, plans, data, or interpretations that the City of Meridian discovers is lacking and may be important to all bidders will be furnished in the form of an addenda, the receipt of which shall be acknowledged by the bidder. 8t" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 15 of 35 • SPECIAL PROVISIONS • 1. ITEM 201.4.1.C.1 - REMOVAL OF OBSTRUCTIONS ON PAGE 3 OF SECTION 201 OF THE ISPWC, SUBSECTION 3.1.13.1, delete the entire subsection and add the following: Clearing and grubbing limits shall be within the project area and limited to the locations required to construct the project or as directed by the Engineer. ON PAGE 5 OF SECTION 201 OF THE ISPWC, SUBSECTION 4.1.C, add the following: This item shall include all costs associated with clearing and grubbing. This item shall include all costs associated with the removal and disposal of trees and stumps less than six (6) inches in diameter measured at a point two (2) feet above existing ground. This item also includes installing a new fence post at the end of the remaining fence in those locations where an existing fence is removed. The new post shall be set on the fence line or as directed by the Engineer. All costs associated with backfilling voids created by the removal of pipes, structures, trees, and other items shall be considered incidental and no separate payment will be made. 2. ITEM 206.4.1.1.3 — HAND PLACED RIPRAP ON PAGE 3 OF SECTION 206 OF THE ISPWC, SUBSECTION 2.7.C.1, delete the entire subsection and add the following: Stone to be nearly rectangular with approximately 50% having a volume of at least one (1) cubic foot. Maximum size not to exceed 18° in any direction. 8' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 16 of 35 Geotextile fabric shall conform with ISPWC Section 2050 requirements. ON PAGE 7 OF SECTION 206 OF THE ISPWC, SUBSECTION 3.3.C.1, delete the entire subsection and add the following: Place by hand or mechanical methods to the thickness specified or directed on geotextile fabric placed on prepared slopes. ON PAGE 10 OF SECTION 206 OF THE ISPWC, SUBSECTION 4.1.1.4, add the following: This item includes all costs associated with providing and placing geotextile fabric prior to placing riprap. 3. ITEM 307.4.1.A.3 — MISCELLANEOUS SURFACE RESTORATION (SOD) ON PAGE 3 OF SECTION 307 OF THE ISPWC, PART 2 - MATERIALS, add the following: 2.7.1.1.1. SOD A. Topsoil shall be friable, loamy soil reasonably free of refuse, roots and seed of noxious weeds and other material detrimental to vegetative growth. B. Fertilizers shall comply with the following chemical analysis: 15% to 20% Nitrogen (N) 20% to 25% Phosphoric Acid P205 2% to 10% Potash K20 C. Sod shall consist of either Blue grass, Princeton #105, Midnight, Quantum Leap, Rye Grass, SR 4200, Calypso 2,; with a 70% blue grass, 30% rye grass blend (or approved equal by the City of Meridian Parks and Recreation Department)suitable for the area to be sodded. ON PAGE 4 OF SECTION 307 OF THE ISPWC, SUBSECTION 3.5, add the following: 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 17 of 35 • 0 C. Sod construction shall take place only on those disturbed areas, which currently have established lawns, or as shown on the project plans. A minimum of four (4) inches of topsoil shall be placed in sod areas. The sod areas shall be tilled to a minimum depth of six (6) inches by such means as will loosen the soil and bring it to condition suitable for fine grading. Prior to and during the operation, the surface shall be made free of vegetative growth. All stones, hard clods, roots, sticks, debris, and other matter encountered during tilling which are detrimental to the preparation of a good seed bed, or which is toxic to the growth of grass, shall be removed from the area and wasted as directed. The area shall be floated and rolled to bring it to the finished grade. All irregularities in the surface that form pockets where water will stand shall be smoothed out to provide good drainage. The finished grade of sod areas adjacent to walks, curbs, driveways, and pavements shall be approximately one (1) inch below adjacent grades. Fertilizers shall be spread evenly over the cultivated areas at a rate of four (4) pounds per 1000 square feet and shall be uniformly incorporated into the upper three (3) inches of the soil, after which the areas shall be worked as necessary to provide a smooth, firm but friable lawn bed at the established grades. Sod shall be placed in straight strips. The joints between strips shall be butted together, tight and without gaps. The sod shall be rolled with a 100 pound roller after placement. The surface of the finished sod shall be smooth and uniform. The Contractor shall be responsible for maintaining, protecting, and watering sod areas until the sod is fully established. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A, delete the first paragraph and add the following: This item shall be paid for by the square yard of area restored. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A.4, delete the entire subsection and add the following: 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 18 of 35 Payment for this item will be made under. 307.4.1.A.3 — Miscellaneous Surface Restoration (Sod) - Per Square Yard 4. ITEM 307.4.1 JL5 — MISCELLANEOUS SURFACE RESTORATION (PASTURE) ON PAGE 3 OF SECTION 307 OF THE ISPWC, PART 2 - MATERIALS, add the following: 2.8.1.1.1. PASTURE A. Topsoil shall be friable, loamy soil reasonably free of refuse, roots and seed of noxious weeds and other material detrimental to vegetative growth. B. The pasture grass mix shall be "Northwest Blend" available at ZamzoWs, or approved equal. ON PAGE 4 OF SECTION 307 OF THE ISPWC, SUBSECTION 3.5, add the following: D. All areas disturbed by construction activities shall be seeded with pasture seed unless noted otherwise or as directed by the Engineer. Areas disturbed by construction activities that are adjacent to existing lawn shall be repaired with sod as specified in Item 307.4.1.A.3. A minimum of four (4) inches of topsoil shall be placed in pasture seed areas. The pasture seed areas shall be tilled to a minimum depth of six (6) inches by such means as will loosen the soil and bring it to condition suitable for fine grading. Prior to and during the operation, the surface shall be made free of vegetative growth. All stones, hard clods, roots, sticks, debris, and other matter encountered during tilling which are detrimental to the preparation of a good seed bed, or which is toxic to the growth of pasture grass, shall be removed from the area and wasted as directed. All irregularities in the surface that form pockets where water will stand shall be smoothed out to provide good drainage. The finished grade of pasture seed areas adjacent to walks, curbs, driveways, and pavements shall approximately match adjacent grades. 80 Street Pedestrian Pathway and Box Culvert PKS-09-002 page 19 of 35 • 0 The seed mix shall be applied by a hydro -seeder at a minimum coverage rate of one (1) pound per 20 square yards (250 pounds/acre). Seed shall be applied between September 15 and September 30, or as directed by the Engineer. Seed shall not be applied when the soil is too wet or dry, frozen, or otherwise untillable. Fertilizer shall be applied at the time of seeding at the rate of 10 pounds of Nitrogen (N) per acre and 15 pounds of Phosphorus per acre. Fertilizer shall not be mixed in with the seed in the hydro - seeder. At no time after the seed is in place, shall trucks or equipment be driven on the area. The Contractor is responsible for maintaining, protecting, and watering seeded areas during establishment of the pasture grass. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A, delete the first paragraph and add the following: This item shall be paid for by the square yard of area restored. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A.6, delete the entire subsection and add the following: Payment for this item will be made under: 307.4.1.A.5 — Miscellaneous Surface Restoration (Pasture) - Per Square Yard 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 20 of 35 5. SP -700 — CONCRETE BOX CULVERTS AND ASSOCIATED PRECAST MEMBERS General: This item shall include all design, equipment, materials, labor, tools and incidentals associated with the supply of the concrete box culverts and associated precast members for the pedestrian bridge. Materials: The Contractor will provide all precast materials, including the culvert, wring walls, and cutoff walls meeting the following requirements: a. DESIGN LOADINGS i. AASHTO HS -20-44, ASTM -1433 ii. SOIL WEIGHT = 120 PCF iii. DEPTH OF OVERBURDEN 0.0' MIN, 2.0' MAX iv. ASSUMED WATER TABLE: BELOW FINISH GRADE v. EQUIV. FLUID PRESSURE = 40 PCF. vi. 80 PSF LATERAL LIVE LOAD SURCHARGE b. CONCRETE 28 DAY COMPRESSIVE STRENGTH SHALL BE 5,000 PSI (MIN). c. STEEL REINFORCEMENT: REBAR, ASTM A-615 GRADE 60. The supplier of the precast materials must provide 4 copies of stamped engineering submittals (with calculations) for review and approval by the City of Meridian. The supplier of the precast materials must be a NPCA certified plant. The Contractor shall be responsible for all other materials necessary to deliver the precast materials. Measurement and Pavment: Payment for this item will be made as a Lump Sum and shall include all labor and materials (except as identified herein), required to supply and deliver the box culvert, wing walls, and cutoff walls to the site. Payment for this item will be made under: SP -700 — Concrete Box Culvert and Associated Precast Members — Lump Sum S. SP -700.1 — CONCRETE BOX CULVERTS AND ASSOCIATED PRECAST 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 21 of 35 MEMBERS INSTALLATION General: This item shall include all equipment, materials, labor, tools and incidentals associated with the preparation and installation of the concrete box culverts and associated precast members for the pedestrian bridge. The Contractor shall be responsible for completing all work in conformance with Nampa -Meridian Irrigation District, project permit(s) and City of Meridian requirements. The Contractor shall coordinate all construction activities with the Nampa -Meridian Irrigation District and the City of Meridian at least seven (7) days in advance of work within Five Mile Creek. This item also includes all costs associated with providing and installing the bedding material, Type I aggregate backfill, excavation, and compaction. Backfill to the finished grade as shown on the project plans shall be included in this item. Materials: The Contractor will provide all equipment, materials, labor, tools and incidentals associated with the installation of the bridge including but not limited to bedding and backfill. Workmanship: The Contractor shall access the culvert location through the park property from West Chateau Avenue. The Contractor shall be responsible for repairing berms, sod, sprinklers, fencing, and other miscellaneous items damaged or removed to accommodate the Contractor's access to the site. Costs associated with repairing these areas shall be considered incidental to other items of work and no additional payment will be made. Measurement and Payment: Payment for this item will be made as a Lump Sum and shall include all labor and materials (except as identified herein), including excavation and backfill, required to install the box culvert, wing walls, and cutoff walls. Payment for this item will be made under: 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 22 of 35 SP -700.1 — Concrete Box Culvert Installation — Lump Sum 7. SP -801 - PEDESTRIAN PATHWAY (Preparation) General: This item shall include all costs associated with the construction of the pedestrian Pathway (excluding asphalt) from the existing asphalt pathway on the north side of Five Mile Creek to the existing chain link fence on the south side of Five Mile Creek. Asphalt is not included in this proiect This item shall include all equipment, materials, labor, tools and incidentals required to prepare new pathway (excluding asphalt) to top of aggregate base from the existing asphalt pathway on the north side of Five Mile Creek to the existing chain link fence on the south side of the Five Mile Creek. Materials: The aggregate base shall conform to Type I crushed aggregate. Subgrade separation geotextile fabric shall conform to ISPWC Section 2050 requirements. Asphalt is not included in this aro iec Measurement and Payment: Pedestrian Pathway (preparation) areas shall be measured per square yard of surface area constructed and shall include excavation, Type I crushed aggregate base, and geotextile fabric. Asphalt is not included in this aroiect Payment for this item will be made under. SP -801 - Pedestrian Pathway (Preparation) - Per Square Yard 6. SP -1004.4.1.F.1 —TEMPORARY COFFERDAM General: 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 23 of 35 0 0 This item shall consist of constructing temporary cofferdams in Five Mile Creek upstream and downstream of the new box culvert installation. The intent of the cofferdam is to allow irrigation and drainage flows to bypass the construction area through the use of pumping or other acceptable methods. Construction of the cofferdams shall conform to all local, state, and federal permit requirements, including the US Army Corps of Engineers Section 404 permit. Materials: Sandbags, plastic sheeting, planking, and other acceptable BMP materials may be used to construct the cofferdam. Earth dams and fill are not acceptable without prior approval from the Engineer. The Contractor shall be responsible for selecting durable materials that will not breach and allow water to flow into the construction area. Pumps and pipes used to bypass flows shall be sized adequately to transmit flows without causing adverse impacts upstream of the cofferdam. Workmanship: The Contractor's construction methods shall minimize disturbance to the existing ditch. The Contractor shall work in a manner to ensure sediments created during construction are contained in the project site. The Contractor shall inspect the cofferdam regularly and after every storm. The Contractor shall also make any repairs necessary to ensure the cofferdam is in good working order. Flows retained by the cofferdam and bypassed through the construction site shall be free of turbidity and not degrade downstream receiving waters. Measurement and Pavment: Payment for this item will be made under. SP -1004.4.1.F.1 — Temporary Cofferdam — Per Each e Street Pedestrian Pathway and Box Culvert PKS-09-002 page 24 of 35 7. SP -2000 — MISCELLANEOUS SPRINKLER REPAIR General: This item shall consist of repairing/modifying existing sprinkler systems at the locations shown on the plans or as directed by the Engineer. This item includes removing, adjusting, and relocating heads, valves, lines, and control wires. This item also includes cutting or capping lines and supplementing existing systems with additional materials as required. Materials: All materials necessary to repair/modify sprinklers shall be equal in quality or better than existing materials. Workmanship: The Contractor shall document the locations of existing sprinkler systems within the construction zone. Documentation shall include, but is not limited to, type and location of existing sprinkler heads, pipe lines, controllers, valves, and control wires. Documentation shall be provided to the Engineer prior to demolition of existing sprinkler systems. Costs associated with providing documentation of existing sprinkler systems shall be considered incidental. Repaired/modified sprinklers shall be installed to restore adequate coverage to remaining landscape areas and new sod and seed areas. Overspray onto the roadway and sidewalks will not be allowed. The Contractor shall obtain approval from the City of Meridian prior to allowing overspray onto the new asphalt pathway. The Contractor shall maintain all sprinkler systems outside of the construction zone that are impacted by the Contractor's activities. This may require the Contractor to install temporary sprinkler main lines around the construction zone. Costs associated with maintaining sprinkler systems shall be considered incidental. Contractor is required to check restoration work with the City of Meridian Parks and Recreation Department when system is operable in the spring before the City will accept the work. 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 25 of 35 0 ! Measurement and Payment: Miscellaneous Sprinkler Repair shall be measured by the lump sum for the entire project. Payment for this item will be made under: SP -2000 — Miscellaneous Sprinkler Repair — Lump Sum 8. SP -2040 — DECORATIVE FENCE General: This item shall include all costs associated with providing and installing decorative fence at the locations indicated on the project plans, or as directed by the Engineer. Materials: Fencing shall be Boise River Fence, Inc., Model: Alternate Vista Cap, or approved equal. Fencing shall be painted black or as directed by the City of Meridian. Workmanship: The Contractor shall submit six (6) sets of shop drawings for the decorative fence, including all anchor and foundation details, to the Engineer for approval prior to beginning fabrication. Shop drawings shall also detail the panel picket lengths required to match the pathway grade and maintain a level top rail. 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 26 of 35 Measurement and Payment: Payment for this item will be made under: SP -2040 — Decorative Fence — Per Linear Foot 9. SP -2045 — CHAIN LINK FENCE General: This item shall include all costs associated with providing and installing chain link fence at the location indicated on the project plans, or as directed by the Engineer. Materials: Fencing shall be chain link and shall conform to Section 2040 of the ISPWC. Fencing shall match the existing adjacent fence and include barbed wire. Workmanship: Workmanship shall conform to Section 2040 of the ISPWC. Measurement and Payment: Payment for this item will be made under: SP -2045 — Chain Link Fence — Per Linear Foot 11. SPA 000 - SWPPP GENERAL Contractor will be responsible for final stabilization 8' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 27 of 35 0 Water pollution control work shall conform to the provisions in the latest edition of the City of Meridian Construction Storm Water Management Plan (CSWMP). The Contractor shall perform water pollution control work in conformance with the requirements in the Construction General Permit (CGP) and its addenda in effect on the day Notice of Award is dated. The CGP and other references for performing water pollution control work are available from the Environmental Protection Agency's (EPA) web site at: http:/twww.epa.gov/ebtt)a-aesAvatestormwater.html STORM WATER POLLUTION PREVENTION PLAN The Contractor shall submit a Storm Water Pollution Prevention Plan (SWPPP) to the Project Manager for approval. The SWPPP must follow the formatting of the latest EPA SWPPP Template and must be site specific. The SWPPP shall conform to the requirements in the CGP. The SWPPP shall include water pollution control practices: A. For storm water and non -storm water from areas within and outside of the job site related to construction activities for this contract such as: 1. Staging areas. 2. Storage yards. 3. Access roads. 4. Disturbed areas. The SWPPP shall include a schedule that: A. Describes when work activities that could cause water pollution will be performed. B. Identifies soil stabilization and sediment control practices for disturbed soil area. C. Includes dates when these practices will be complete. 8t" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 28 of 35 0 The SWPPP shall include temporary water pollution control practices and their associated contract items of work as shown on the plans or specified in these special provisions. Within 20 days after contract approval, the Contractor shall submit one copy of the SWPPP to the City. The Contractor shall allow 10 days for the City's review. If revisions are required, the City will provide comments and specify the date that the review stopped. The Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the City's comments. The City's review will resume when the complete SWPPP is resubmitted. When the City approves the SWPPP, the Contractor shall submit four copies of the approved SWPPP to the City. Upon completion of an initial project SWPPP that is approved by the City, the City and the Contractor shall submit separate Notices of Intent to EPA Region 10. The Contractor shall not perform work that may cause water pollution until the SWPPP has been approved by the City, both the Contractor and the City meet the 7 -day waiting period after filing separate NOls, and a preconstruction SWPPP inspection with the Contractor and City has been conducted. The City's review and approval shall not waive any contract requirements and shall not relieve the Contractor from complying with Federal, State and local laws, regulations, and requirements. The Contractor shall amend the SWPPP as required throughout the project to meet site requirements. If there is a change in construction schedule or activities, the Contractor shall prepare an amendment to the SWPPP to identify additional or revised water pollution control practices. The Contractor shall submit the amendment to the City for review within a time agreed to by the City not to exceed the number of days specified for the initial submittal of the SWPPP. The City will review the amendment within the same time allotted for the review of the initial submittal of the SWPPP. If directed by the City or requested in writing by the Contractor and approved by the City, changes to the water pollution control work specified in these special provisions will be allowed. Changes may include addition of new water pollution control practices. The Contractor shall incorporate these changes in the SWPPP. The Contractor shall keep a copy of the approved SWPPP at the job site. The SWPPP shall be made available when requested by a representative of the EPA; a state, tribal or local agency approving sediment and erosion plans, grading plans, or storm water management plans; local government officials; the operator of a municipal separate storm sewer receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service or the National Marine 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 29 of 35 0 Fisheries Service to the requestor. Requests from the public shall be directed to the City. IMPLEMENTATION REQUIREMENTS The Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered by the City. The Contractor shall provide qualified personnel with applicable training certification to draft SWPPP, conduct and record inspections, and to meet other permit requirements. A qualified preparer of the SWPPP shall either be certified through the International Erosion Control Association as a Certified Professional in Erosion and Sediment Control or Certified Professional in Stormwater Quality; or have completed a minimum 4 -hour stormwater Resident Engineer or SWPPP preparation training in the past 12 -months through the Owner, Idaho Transportation Department, or other government agency. A copy of the certification shall be provided in the SWPPP. At a minimum, the Owner and the Contractor shall sign and certify the SWPPP and all associated stormwater management documentation in accordance with the CGP. If the ranking corporate officer does not sign the SWPPP and all associated stormwater management documentation, then they must be signed by a duly authorized person so designated by the Contractor in a formal letter on corporate letterhead. If the Contractor or the City identifies a deficiency in the implementation of the approved SWPPP, the deficiency shall be corrected immediately, unless an agreed date for correction is approved in writing by the City. The deficiency shall be corrected before the onset of precipitation. If the Contractor fails to correct the deficiency by the agreed date or before the onset of precipitation, the City may correct the deficiency and deduct the cost of correcting deficiencies from payments. If the Contractor fails to conform to the provisions of this section, "Water Pollution Control," the City Inspector or Project Manager may order the suspension of work (at Contractor's expense) until the project complies with the requirements of this section. The Contractor shall construct water pollution control items identified in the SWPPP. The Contractor shall maintain the water pollution control items until the City has accepted the project and the Contractor has filed an NOT with the EPA. The Contractor can only file an NOT after receiving authorization to do so by the City. 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 30 of 35 • 0 Year -Round The Contractor shall monitor the National Weather Service weather forecast on a daily basis during the contract. The Contractor may use an alternative weather forecasting service if approved by the Project Manager. Appropriate water pollution control practices shall be in place before precipitation. The Contractor may discontinue earthwork operations for a disturbed area for up to 14 days and the disturbed soil area will still be considered active. When earthwork operations in the disturbed area have been completed, the Contractor shall implement appropriate water pollution control practices within 14 days, or before predicted precipitation, whichever occurs first. INSPECTION AND MAINTENANCE Weekly storm water management inspections will be conducted on City Public Works construction projects. The Contractor and the City will perform weekly storm water management inspections together. The City's SWPPP Construction Inspection Form will be completed, including signatures, during the weekly storm water management inspection. The Contractor shall inspect the water pollution control practices identified in the SWPPP as follows: A. Before a forecasted storm, B. After precipitation that causes site runoff, C. At 24-hour intervals during extended precipitation, D. On a predetermined schedule, a minimum of once a week The Contractor shall oversee the maintenance of the water pollution control practices. REPORTING REQUIREMENTS If the Contractor identifies discharges into surface waters or drainage systems causing or potentially causing pollution, or if the project receives a written notice 8t" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 31 of 35 0 0 or order from a regulatory agency, the Contractor shall immediately inform the City Inspector and Project Manager. The Contractor shall submit a written report to the Project Manager within 7 days of the discharge, notice or order. The report shall include the following information: A. The date, time, location, and nature of the operation, type of discharge and quantity, and the cause of the notice or order. B. The water pollution control practices used before the discharge, or before receiving the notice or order. C. The date of placement and type of additional or altered water pollution control practices placed after the discharge, or after receiving the notice or order. D. A maintenance schedule for affected water pollution control practices. PROJECT COMPLETION The City may authorize the Contractor from further storm water management obligations once the Public Works construction is completed. Contractor must submit a completed "Contractor Request to File Project Notice of Termination" for City review. The Contractor Request to File Project Notice of Termination is included in Appendix F of the City's CSWMP. Upon completion of construction, the Contractor may submit their NOT thereby shifting responsibility for final stabilization to the City. The NOT serves as notification that construction activities with a potential to release pollutants are complete and that the construction site is stabilized in accordance with the provisions of the CGP. END OF PROJECT DOCUMENTATION Before the City accepts the project and before final payment, contractor must supply the City with a copies of all storm water management documentation associated with the project including the SWPPP, completed inspection forms and any other documentation to meet the requirements of the CGP. The copies must be in color, hole punched and inserted into a hard cover three ring binder, and must follow the formatting of the EPA SWPPP template. PAYMENT 8'' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 32 of 35 • During each estimate period the Contractor fails to conform to the provisions in this section, "Water Pollution Control," or fails to implement water pollution control practices the City may withhold payment. The contract lump sum price presented in the schedule of values for preparing and implementing the storm water pollution prevention plan shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in preparing, obtaining approval of, and amending the SWPPP, as specified in the Standard Specifications and these special provisions, and as directed by the City or City's Duly Authorized Representative. The contract lump sum price is a fixed price and any changes to the project for additional storm water pollution prevention to comply with the CGP after the start of construction will be at the Contractor's expense. Payments for storm water pollution prevention will be made as. follows: A. Upon City approval of the SWPPP and a preconstruction SWPPP Inspection with a Project Compliance rating of 1, 50 percent of the contract item price for storm water pollution prevention may be included in Contractors progress payment request. B. Upon City acceptance of the project, the remaining 50 percent of the contract item price for storm water pollution prevention may be included in Contractors progress payment request. Implementation of water pollution control practices in areas outside the project limits not specifically provided for in the SWPPP or in these special provisions will not be paid for. CLARIFICATION OF PLANS/DRAWINGS The construction zone for Phase 1 will be from the existing asphalt pathway on the north side of Fivemile Creek to the existing chain link fence on the south side of the Fivemile Creek. Temporary construction entrance and access will be from W. Chateau Ave. Bid Item Miscellaneous Surface Restoration (Pasture and Sod) and Bid Item Miscellaneous Sprinkler Repair shall be limited to these areas only. Sheet 2 of 4 has an ASPHALT PEDESTRIAN PATHWAY detail. This project (Phase 1) does not include the 3° Class "C" asphalt paving. Contractor shall construct everything in the detail (except for the asphalt) at the appropriate elevation in preparation for the future asphalt paving (not included in this project). 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 33 of 35 0 • Sheet 3 of 4 has a call out "SEE SHEET 4 FOR BOX CULVERT PLANS (PRECAST MATERIALS PROVIDED BY CITY OF MERIDIAN) - The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 3 of 4 under GENERAL NOTES, note 2 states "This project includes all necessary labor and materials to construct the project with the exception of the box culvert, wingwalls, and cutoff walls (Materials only, provided by the City of Meridian). The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 4 of 4 under GENERAL NOTES, note 2 states "This project includes all necessary labor and materials to construct the project with the exception of the box culvert, wfngwalls, and cutoff walls (Materials only, provided by the City of Meridian). The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PKS-09-002, are by this reference made a part hereof. 8' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 34 of 35 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $64,166.92 Item No. Item Description Estimated Unit Unit Price Item Total Quantity 201.4.1.C.1 Removal of Obstructions 1 LS $370.00 $370.00 206.4.1.1.3 Hand Placed Rlprap 30 CY $ 26.50 $795.00 307.4.1.A.3 Miscellaneous Surface Restoration Sod 1 Ls $845.00 $845.00 307.4.1.A.5 Miscellaneous Surface Restoration Pasture 200 SY $ 3.43 $686.00 2010.4.1.A.1 Mobilization 1 LS $2,300.00 $2,300.00 SP -700 Concrete Box Culverts and Associated Precast Members 1 LS $42,612.00 $42,612.00 SP -700.1 Concrete Box Culvert Installation 1 LS $7,230.60 $7,230.60 SP -801 Pedestrian Pathwa (Preparation) 1 LS $1,870.60 $1,870.60 SP -1004.4.1.F.1 Temporary Cofferdam 2 EA $1,150.00 $2,300.00 SP -2000 Miscellaneous Sprinkler Repair 1 LS $ 310.00 $ 310.00 SP -2040 Decorative Fence 84 LF $27.33 $2,295.72 SP -2045 Chain Link Fence 10 LF $ 54.70 $547.00 SP -1000 SWPPP 1 LS $2,005.00 $2,005.00 TOTAL $64,166.92 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. 8t�' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 35 of 35 0 • Memo To: Jaycee Holman; Tara Green; Keith Watts; Kathy Wanner From: Max Jensen, Capital Projects Manager CC: Steve Siddoway, Parks and Recreation Director Elroy Huff, Parks and Recreation Superintendent Date: 12/31/2008 Re: Proposed Agenda Item for January 6, 2009 City Council Meeting The Parks and Recreation Department respectfully requests the following item be placed on the January 6, 2009 City Council agenda, under Consent Agenda, for Council's consideration: 8"' Street Park Pedestrian Pathway and Box Culvert — Phase 1 Low Bid Approval and Agreement Execution Request This project consists of installing a precast concrete culvert in the Five Mile Drain with pathway preparations to connect the existing path (north side of the Five Mile Drain) to 8t' Street Park and W. Chateau Avenue. As part of the City's Pathway Master Plan, this project will enhance the community by providing recreational opportunities for all citizens. Attached is the project bid tabulation with H2 Excavation being the low bidder at $64,166.92. H2 Excavation's completed "Invitation For Bid" and the signed "Independent Contractors Agreement' is attached for your review and execution. Recommended Council Action: The Parks and Recreation Department recommends that City Council approves the low bid of H2 Excavation and executes the Independent Contractors Agreement. Thank you for your consideration. Please contact me if you have any questions. 0 Page 1 w O M O O O N L d d v d cW C LW r w W a z D 00 U J IL IL 0 z 0 m 0 z U • d 7 v ` O l m 4 06 0 CD s �I a ® •c d C a WL cm 0 0 0 0 W a z D 00 U J IL IL 0 z 0 m 0 z U • 0 CD C140 C coCD CD cm 0 0 0 0 Cl O�jtiCO�NcooCo co co lqt CDN c �_ to o 00 0 0i l5.! 0i c P Go z x lxlxl xx x x x X x x X X x X x X x X X X X X x x x xx x x x x x x x x x x x 0 3 N O C O U N O L N 0 `w+�+ U L O �+� r O ui m > > D c U E o= ��UU M E V tm w75 U) 3: Y d co (g 0 •; ��EIDIAN�-- PURCHASING AGENT 33 East Broadway Avenue, Meridian, ID 83642 Phone: (208) 888-4433 x417 Fax: (208) 887-4813 INVITATION FOR BSD BID NO. PKS-09-002 CONTRACT SPECIFICATIONS FOR: 8TH STREET PEDESTRIAN PATHWAY & BOX CULVERT (PH 1) BIDS MUST BE RECEIVED PRIOR TO 2:30 P.M. DECEMBER 30, 2008 DELIVER TO: CITY OF MERIDIAN, PURCHASING DEPARTMENT 33 EAST BROADWAY AVENUE MERIDIAN, ID 83642 Pre -Bid Conference/Walk Through MANDATORY [X]YES [ ] NO Friday, December 19, 2008 10:00 a.m. at 8th Street Park 2235 NW 8th Street NAME AND ADDRESS OF VENDOR SUBMITTING BID NAME:l ayc"+o ® ADDRESS: K021? IDAHO CONTRACTORS LICENSE NO. ,_E j IDAHO PUBLIC WORKS CONTRACTORS LICENSE NO. 1 (0 l5j�- &, 01 INVITATION FOR BID CITY OF MERIDIAN Meridian, Idaho 83642 PROJECT # PKS-09-002 TABLE OF CONTENTS Cover Sheet/Table of Contents ................................................. 2 Invitationfor Bid......................................................................3 II. Instructions to Bidders.............................................................6 III. Bid Documents........................................................................16 A. Bid Form.......................................................16 B. General Special Provisions...............................17 C. Special Provisions..........................................21 Clarification of Plans/Drawings (Exhibit A) .............................................. 32 Plans/Drawing-(Exhibit-B) .....................................................................33 1 List of Subcontractors (Exhibit C) .......................................................... 34 Nampa -Meridian Irrigation License Agreement (Exhibit D) ...........................35 Department of the Army Permit (Exhibit E) ................................................36 Idaho Department of Water Resources Permit (Exhibit F) ............................ 37 Independent Contractors Sample Agreement (Exhibit G) ..............................38 e Street Pedestrian Pathway & Box Culvert (Ph 1) 2 of 38 • I BID TO THE CITY OF MERIDIAN MERIDIAN, IDAHO PURCHASING AGENT Ir7JJJ L BIDS MUST BE RECEIVED BY THE PURCHASING AGENT 33 EAST BROADWAY AVENUE PRIOR TO 2:30 P.M. ON FOR: STH Street Pedestrian Pathway & Box Culvert (Ph 11 Tuesday, December 30, 2008 BID NO. PKS-09-002 Name of Bidder H ec�� e e -S A'z zyCs,,,4.,,R V—N . Telephone 416 ?-16000 Type of Business: [ ] Individualdoing business under own name [ye] Corporation [ ] Individual doing business using a firm name [ ] Partnership [ ] Joint venture (Please attach Joint Venture Agreement) Business Address: OF? rr"kG1 ELI Street City State Zip Code To the City of Meridian: The undersigned, as bidder, certifies under penalty of perjury that the only persons or parties interested in this bid as principals are those named herein as bidder; that this bid is made without collusion with any other person, firm, or corporation; that in submitting this he/she has examined the "General Conditions and Instructions to bidders" and the specifications; that he/she proposes and agrees if this bid is accepted, he/she will perform all the work and /or fumish all the materials specified in the -contract; in-the-m'anner-and-time-therein-prescribed,-and-ac wrding-to-the-requirements-as-thein-set-forth;- and that he/she will take in full payment therefore, the prices set forth in the attached schedule. Typed or Printed Name and Title Signature Address (if different than above business address) 8t' Street Pedestrian Pathway $ Box Culvert (Ph 1) 3 of 38 W PROJECT DESCRIPTION The City of Meridian is requesting bids for ...... 8t' Street Pedestrian Pathway & Box Culvert (Phase 1) PRE-BID CONFERENCE A MANDATORY Pre -Bid Conference will be held on ........... Friday, DECEMBER 19, 2008 at 10:00 a.m. at 8 Street Park located at 2235 NW 8t' Street. CITY'S REPRESENTATIVES Purchasing Representative Kathy Wanner 33 East Broadway Ave Meridian, ID 83642 (208)888-4433x417 Fax (208) 887-4813 kwanner _meridiancity.org Any and all explanations desired by a respondent regarding the meaning or interpretation of this Invitation for Bid or any part thereof must be requested in writing and directed to the person named as the Purchasing Representative and in accordance with °Additional Terms and Conditions (Bid Inquires). Violation(s) may be caused for rejection of the Bid. Date"' CITY OF MERIDIA 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) 4 of 38 1i 0-1 DECLARATION UNDER PENALTY OF PERJUY PLEASE READ CAREFULLY BEFORE SIGNING To be signed by authorized corporate officer or partner or individual submitting the bid. EXAMPLE If bidder is: Sign: 1. An individual doing business ........................ Your name only Under own name. 2. An individual using a firm name .................... John Doe, an individual doing business as Blank Company 3. A partnership ........................................... John Doe and Richard Roe, partners doing business as Blank Company, by John Doe, Partner 4. A corporation ...... :.................................... Blank Company, by John Doe, Secretary (or other title) .a Typed or Printed Nanf + and Title un+4 4'e; Address (if different than -r_j 03 -CE business address) FOR CITY USE ONLY Bid was opened on above date at prescribed place. Bid bond required: [ ] No [ X ] Yes Amount $ Received: [ ] Cashiers or Certified Check drawn on a Idaho bank k4 Surety Bond 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) Purc a i g fit, City of Meridian 5 of 38 GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDER 1. Bids shall be delivered to the Purchasing Agent, 33 East Broadway Avenue, Meridian, ID 83642 prior to 2:30 P.M. on Tuesday, December 30, 2008. Bids, received after that time will be returned unopened to the respective bidder and will not be considered for evaluation. Mistakes must be corrected and the correction inserted; correction must be initialed in ink by the person signing the Bid. All bids shall be submitted in a sealed envelope and clearly identified on the outside to read: a) 8T" STREET PEDESTRIAN PATHWAY & BOX CULVERT (PHASE 1) b) Bid Number PKS-09-002 c) Opening Date DECEMBER 30, 2008 Bids shall be opened in public at 2:30 P.M. on said date at City of Meridian Purchasing Department. 2. Alternate bids will be considered unless otherwise stipulated. 3. If required, before award or execution of the contract by the City, the Contractor shall file with the City a surety bond satisfactory to the City in the amounts and for the purpose noted. Bonds shall be duly executed by a responsible corporate surety, auinonzea io issue sucn oonas in iaano ana secures tnorougn an autnonzed agent with an office in Idaho. Contractor shall pay all bond premiums, costs and incidentals. 4. The City reserves the right to waive any informalities or minor irregularities in connection with the bids received. 6. All provisions of the City code are applicable to any bid submitted .or contract awarded pursuant thereto. 6. If equipment is proposed, it is to be newest and latest model in current production. Used, remanufactured, shopworn, demonstrator, prototype or discontinued models are not acceptable unless otherwise stipulated. 7. Within thirty (30) days after the bid opening, a contract may be awarded by the City to the most responsive and responsible bidder, subject to the right of the City to reject all bids, as it may deem proper in its absolute discretion. The time for awarding a contract may be extended at the sole discretion of the City. If required to evaluate bids or for such other purposes as the City may determine, unless the bidder objects to such extension in writing with his bid. e Street Pedestrian Pathwav & Box Culvert (Ph 1) 6 of 38 In addition to price in determining the most responsive and responsible, consideration shall be given, but not limited to: a. The quality and performance of the supplies to be provided by the bidder, b. The ability, capacity and skill of the bidder to perform the contract or effectuate the transaction; C. The ability of the bidder to perform the contract or effectuate the transaction within the time specified, without delay;; d. The character, integrity, reputation, judgment, experience and efficiency of the bidder; e. The quality of bidder's performance on previous purchases by, or contracts with, the City; f. the ability of the bidder to provide future maintenance, repair parts and services for the supplies provided. 8. The City of Meridian does not discriminate on the basis of race, religion, sex, national origin, marital status, age, physical handicap, ownership by women or minorities or sexual orientation. 9. Bid Bond is required in the amount of five percent (5%) of total bid price, payable to the City of Meridian (City). Bid bond to be forfeited to the City as liquidated damages in the event the successful bidder fails to enter into a Contract in accordance with their bid/proposal as specified in the Instructions to Bidders. SUBJECT TO PARAGRAPH 4 ABOVE, THE CITY MAY NOT ACCEPT A BID FAILING TO COMPLY WITH ANY OF THE ABOVE STATE REQUIREMENTS. e Street Pedestrian Pathway & Box Culvert (Ph 1) 7 of 38 DECLARATION UNDER PENALTY OF PERJURY The undersigned declares: that he/she holds the position indicating below as a corporate Officer or the owner or a partner in the business entity submitting this bid; that the undersigned is informed of all relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this bid. I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR/FIRM:-Enc, IDAHO CONTRACTORS LICENSE #: kc IF- - 2q S 10 IDAHO PUBLIC WORKS CONTRACTORS LICENSE #: 1645co TITLE: V%.'ve ADDRESS: DATE: I ALL BID RESPONSES MUST BE ACCOMPANIED BY THIS EVIDENCE OF AUTHORITY TO SIGN 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) 8 of 38 ADDITIONAL COST OF PREPARATION OF BID • TERMS AND CONDITIONS The City shall not pay costs incurred in the bid preparation, printing or demonstration process. All such costs shall be bome by the Bidder. EXAMINATION OF CONTRACT DOCUMENTS Bidders shall carefully examine the specifications, and satisfy themselves as to their sufficiency, and shall not at any time after submission of the bid, dispute such specifications and the directions explaining or interpreting them. Should a Bidder find discrepancies in, or omissions from, the specifications and/or drawings, or should he/she be in doubt of their meaning, he/she shall at once notify the City of Meridian Purchasing Department. Notification is to be in written form and must be submitted at least ten (10) days prior to the bid opening date. Any interpretations by the City will be made in written form. Any change in requirements will be done in the form of a written addenda. The receipt of any resulting amendments must be acknowledged in accordance with the directions on the amendment. Oral explanations or instructions -given before the award of the contract will not be binding. RIGHTS TO PERTINENT MATERIALS All responses, inquiries, and correspondence relating to the Invitation for Bid and all reports, charts, coverage maps, displays, schedules, exhibits, and other documentation produced by the bidder that are submitted as part of the bid shall become the property of the City after the bid -submission -deadline. RIGHT OF THE CITY TO REJECT BIDS The City reserves the right to reject any and al defects or technicalities, or to solicit new bids which may include portions of the originally necessary. BID EVALUATION I bids or any part of any bids, to waive minor on the same project or on a modified project proposed project as the City may deem In determining the amount proposed by each Contractor, the City shall disregard the mathematical errors in addition, subtraction, multiplication and division that appear obvious on the face of the bid. When an item price is required to be set forth in the bid and the total for the item set forth separately does not agree with a figure which is derived by multiplying' the item price times the City's estimate of the quantity of work to be performed for said item, the item price shall prevail over the sum set forth as the total for the item unless, in the sole discretion of the City, such a procedure would be inconsistent with the policy of the bid procedure. The total paid for each such item of work shall be based upon the item price and not the total price. 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) 9 of 38 !1, 0 Should the bid contain only a total price for the item and the item price is omitted, the City shall determine the item price by estimated quantities of work to be performed as items of work. If the bid contains neither the item price nor the total price for the item, then it shall be deemed incomplete and the bid shall be non-responsive. FAITHFUL PERFORMANCE AND PAYMENT BONDS The successful Contractor (s) will be required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. The contractor(s) must include the cost of the bonds, if applicable, in the total contract price, but be able to substantiate the actual cost of the bond should the City elect to waive the bond requirement and reduce the contract price by that bond amount. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the reprocurement of the contract services. REMOVAL OF UNSATISFACTORY EMPLOYEES The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall -be -removed -from -all -work -under -this -contract. CONTRACTOR DEFINITION The term "Contractor" means an individual or firm, registered with the State of Idaho as a General Contractor, or licensed with the State as a Public Works Contractor or in the discipline required for the work. PUBLIC WORKS CONTRACTOR All contractors bidding on Public Works projects MUST be licensed with the state as a Public Works Contractor and MUST submit their Public Works Contractors License number with their bid. 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) 10 of 38 40" SUB -CONTRACTORS • Contractor must list all sub -contractors engaged for this project per State of Idaho Statute #67-2310 (Exhibit C). Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901. Contractor is prohibited to subcontract in excess of eighty percent (80%) of the work under this Public Works Contract. The City of Meridian reserves the right to award this contract to the Contractor whose total aggregate bid is most responsive to the needs of the City. An evaluation of the Contractors ability, quality, and performance on previous or current contracts will be used in addition to total cost as a basis of award for any resultant contract. The winning Contractor will be required to enter into an "Independent Contractor Agreement" with the City, of which a sample copy is attached as Exhibit G. INSURANCE AND INDEMNIFICATION The Contractor shall hold harmless and defend, save, and keep the City of Meridian and its elected officials, officers, employees, agents, and volunteers free from any/all liability for damages including, but not limited to, monetary loss, judgments, fees, costs, and expense, incurred by reason of claims, suits, or decrees that may arise from any injury to a person or persons or damages to property occurring during the performance of the work determined by this Contract. The Contractor shall reimburse the City of Meridian for all costs, fees, and monetary disbursements of any nature incurred by reason of said claims, suits, or decrees wherein suit is deemed -expedient and-necessary-bTthe Cirty-to do -so -in -the -good faith -disposition -of -said claim. Neither party hereto shall be liable for any damages proximately arising from the negligence, wrongful act, or omissions of the other party and shall indemnify, defend, and hold harmless the other party from such claim for damage for liability that should occur. Indemnification Contractor shall indemnify the City from any and all claims, losses, damages or liability arising out of this contract from any cause whatsoever, except the active negligence of the City. Insurance Contractor shall procure and maintain at Contractor's expense, for the duration of the Agreement, insurance coverage provided by a Idaho admitted insurer licensed to transact business in Idaho, as hereinafter provided, including insurance coverage against claims for injuries or death to person or damage to property which ma arise from or in connection with the performance or omission to perform any term or condition of the Agreement by the Contractor or Contractor's agents, representatives, employees or subcontractors as follows: A. Minimum Scope of Insurance 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) 11 of 38 0, • Insurance coverage shall be at least as broad as: 1. General Liability ONE MILLION DOLLARS ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage. if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project or the general aggregate limit'shall be twice the required occurrence limit. 2. Automobile Liability: Owned/Nonowned automobile liability insurance providing combined single limits covering bodily injury liability with limits of no less than ONE MILLION DOLLARS ($1,000,000.00 per accident and providing property damage liability of no less than ONE MILLION DOLLARS ($1,000,000.00 PER ACCIDENT). 3. Workers' Compensation Insurance: Workers' Compensation Insurance as required by the Labor Code of the State of Idaho and Employers Liability Insurance. B. Deductibles, Self -Insured Retentions Named Insureds Any deductibles, self-insured retentions or named insureds must be declared in writing and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insured; or the Contractor shall post cash, bond, or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. C. The insurance policies are to contain or be endorsed to contain the following provisions: 1. General Liability and Automotive Liability Coverages a. The Contractor shall provide a specific endorsement naming the City of Meridian and City's elected officials, officers, employees, agents, and Volunteers as additional insureds regarding: liability arising from or in connection with the performance or omission to perform any term, condition or requirement of the Agreement by or on behalf of the Contractor; services, products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; and automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City or City's elected officials, officers, employees, agents, and Volunteers. b. The Contractors insurance coverage shall be primary insurance regarding the City and City's elected officials, officers, employees, agents, and Volunteers. Any insurance or self-insurance maintained by the City or City's elected officials, officers, employees, agents, and 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) 12 of 38 WI • Volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected officials, officers, employees, agents, and volunteers. d. 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. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City and City's elected officials, officers, employees, agents, and volunteers for losses arising from the performance of or the omission to perform any term, condition or requirement of this Agreement by the Contractor. 3. All Coverages Each insurance policy required by this section shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to City. D. Acceptability of Insurers Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. E. Verification of Coverage Prior to performing any term, condition or requirement of this Agreement, Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements shall be received and, in City's sole and absolute discretion, approved by the City before any term, condition or requirement of the Agreement is performed by Contractor. City reserves the right to require complete copies of all required insurance policies and endorsements, at any time. F. Subcontractors Contractor shall require that all of its subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. G. Insurance Limits to Not Limit Contractors Liability The limits of insurance described herein shall not limit the liability of Contractor and Contractor's agents, representatives, employees or subcontractors. e Street Pedestrian Pathway & Box Culvert (Ph 1) 13 of 38 PAYMENT REQUEST Payment requests shall be submitted to City of Meridian, Attn. Accounts Payable (AP). AP will forward a copy to the Project Manager for review and approval. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. for Upon approval that the work has been done and compliance with the Agreement, the Project Manager will return the invoice to AP for payment. EQUAL EMPLOYEMENT OPPORTUNITY Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. ADDENDA OR BULLETINS Any Addenda issued during the time of bidding shall be covered in the bid and will be made a part of the contract. CL_ Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. SEPARATE CONTRACTS The City of Meridian reserves the right to let separate contracts for portions of the work concurrently with the project. This Contractor shall work and coordinate with separate contractors and City personnel. TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 45 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 $500.00 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. 8t` Street Pedestrian Pathway & Box Culvert (Ph 1) 14 of 38 PURCHASE AGREEMENT DOCUMENTS A copy of the Notice Inviting Bids, Instructions to Bidders, General Conditions, Special Conditions, Specifications, Plans and/or Drawings, Bidder's Proposal and any other related documents will remain on file in the office of the City Purchasing Agent. FORM AGREEMENT Form Agreement; Exceptions and Alternatives. The Agreement attached to this Invitation for Bid (" IFB") and, by this reference, made a part hereof, contains terms and conditions that apply to the performance of this work. If the bidder suggests alternatives or states exceptions to any term or condition in the Agreement, or to any provision or recurrent of the IFB, such alternative or exception shall be clearly stated and identified in the submitted bid. Otherwise, the successful bidder will be expected to sign the Agreement upon award of the contract. Any alternative must satisfy all minimum qualifications specified in the IFB. The City expressly reserves the right, in it's sole discretion, to (1) reject a bid containing any exception or alternatives as non -conforming, or (2) accept any bid alternative or exception and to award a contract based there on if determination to be in the best interest of the City. BID INQUIRIES Questions, in written form, regarding this bid should be sent to: City of Meridian, Purchasing Department 33 East Broadway Avenue Meridian, ID 83642 Attn: Kathy Wanner kwanner@meridiancity:org (208) 888-4433 x416 e Street Pedestrian Pathway & Box Culvert (Ph 1) 15 of 38 BID FORM 8T" STREET PARK PEDESTRAIN PATHWAY AND BOX CULVERT — PHASE 1 BID NUMBER PKS-09-002 TOTAL $ 6y 6 A q TOTAL WRITTEN IN WORDS © r c \ t f( c� ;3 ek v . � Q- V +WO CC -^+:5 Certificate of Understandlna The undersigned represents and warrants that the undersigned has examined the location of the proposed work and is familiar with the local conditions at the place where the work is to be done, and the undersigned has reviewed and understands the plans, specifications and other documents, and the undersigned is satisfied with all conditions for performance of the work. The undersigned has checked carefully all the above figures and understands that the City of Meridian will not be responsible for any errors or omissions on the part of the undersigned in creating this bid. The undersigned declares: that hetsh4holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this bid; that the undersigned is informed of the relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this bid. I declare under penalty of perjury that the foregoing is true and correct CONTRACTOR/FIRM:IF-I r� k C.� !V d+ 0 a� d° r1� By: 1)&Z=2Sg� PRINTED OR TYPED NAME:e r'1" �-� �{���� e S TITLE: i �e 10/eS����� 8'' Street Pedestrian Pathway & Box Culvert (Ph 1) 18 of 38 BID SCHEDULE Item No. Item Description Estimated Unit Unit Price Item Total Quantity 201.4.1.C.1 Removal of Obstructions 1 LS 70, o ® 37O• 206.4.1.1.3 Hand Placed Ripmp 30 CY C„ & 7Q 5, ®a 307.4.1.A.3 Miscellaneous Surface Restoration Sod 1 LS $'S, d; K 1/ 5, 0 307.4A.A.5 Miscellaneous Surface Restoration Pasture 200 SY ' 3.'>' '94 , 010 2010.4.1.A.1 Mobilization 1 LS �3 rso,� Off. icy SP -700 Concrete Box Culverts and Associated Precast Members 1 LSrVZ6d �• a 6d �,'� SP -700.1 Concrete Box Culvert Installation 1 LS 30.6 23Ca 6 SP -801 Pedestrian Pathway (Preparation) 1 LS AY 1% -7—Q,6;0 T 19 70.6 0 SP4004,4.1.F.1 Tempora Cofferdam 2 EAj/570,09 Ar :Z3r. SP -2000 Miscellaneous Sprinkler Repair 1 LS 013/0-013 3/0. SP -2040 Decorative Fence 84 LF O `7, 33 .11' 2Z9 S SP -2045 Chain Link Fence 10 LF . 70 _d79, -7. SP -1000 SWPPP 1 LS 1 20475: "'" 19 2CA05. � TOTAL $ 6y 6 A q TOTAL WRITTEN IN WORDS © r c \ t f( c� ;3 ek v . � Q- V +WO CC -^+:5 Certificate of Understandlna The undersigned represents and warrants that the undersigned has examined the location of the proposed work and is familiar with the local conditions at the place where the work is to be done, and the undersigned has reviewed and understands the plans, specifications and other documents, and the undersigned is satisfied with all conditions for performance of the work. The undersigned has checked carefully all the above figures and understands that the City of Meridian will not be responsible for any errors or omissions on the part of the undersigned in creating this bid. The undersigned declares: that hetsh4holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this bid; that the undersigned is informed of the relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this bid. I declare under penalty of perjury that the foregoing is true and correct CONTRACTOR/FIRM:IF-I r� k C.� !V d+ 0 a� d° r1� By: 1)&Z=2Sg� PRINTED OR TYPED NAME:e r'1" �-� �{���� e S TITLE: i �e 10/eS����� 8'' Street Pedestrian Pathway & Box Culvert (Ph 1) 18 of 38 • ti GENERAL SPECIAL PROVISIONS CITY OF MERIDIAN PROJECT NO. PKS-09-002 8T" STREET PARK PEDESTRIAN PATHWAY AND BOX CULVERT PROJECT (Phase 1) GENERAL NOTES BASIS OF PAYMENT Except as modified herein, the various work called for on the Bid Schedule shall be performed, measured, and paid for as indicated on said Bid Schedules and as provided in the 2008 IDAHO STANDARDS FOR PUBLIC WORKS CONSTRUCTION (ISPWC) with all adopted supplements. The Contractor is required to be a holder of the applicable ISPWC and ADOPTED SUPPLEMENTS. The intent of the drawings and specifications is to provide a complete package. No separate payment will be made for items not specifically called out in the Bid Schedule. Any such work shall be considered incidental to other items of work and no separate payment will be made. In the event of a conflict between the Special Provisions and the ISPWC, the Special Provisions shall govern. CLARIFICATION OF DRAWINGS The construction zone for Phase 1 will be from the existing asphalt pathway on the north side of Fivemile Creek to the existing chain link fence on the south side of the Fivemile Creek. —Temporary construction,entrance and -access -will be from -W: Chateau -Ave. -Bid 'Item -Miscellaneous Surface Restoration (Pasture and Sod) and Bid Item Miscellaneous Sprinkler Repair shall be limited to these areas only. Sheet 2 of 4 has an ASPHALT PEDESTRIAN PATHWAY detail. This project (Phase 1) does not include the 3" Class "C" asphalt paving. Contractor shall construct everything in the detail (except for the asphalt) at the appropriate elevation in preparation for the future asphalt paving (not included in this project). Sheet 3 of 4 has a call out"SEE SHEET 4 FOR BOX CULVERT PLANS (PRECAST MATERIALS PROVIDED BY CITY OF MERIDIAN)" The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 3 of 4 under GENERAL NOTES, note 2 states "This project includes all necessary labor and materials to construct the project with the exception of the box culvert, wingwalls, and cutoff walls (Materials only, provided by the City of Meridian). The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 4 of 4 under GENERAL NOTES, note 2 states "This project includes all necessary labor and materials to construct the project with the exception of the box culvert, wingwalis, and cutoff walls (Materials only, provided by the City of Meridian). 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) 17 of 38 The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. BASIS OF QUANTITIES Unless otherwise specified herein, all quantities are based upon in-place, completed, and accepted units. ACCESS DURING CONSTRUCTION The Contractor shall maintain access to a Street Park and along the existing asphalt pathway north of Five Mile Creek at all times throughout the duration of the project. This shall include providing an adequate surface (free of construction materials, holes, and mud) for all pedestrians. The cost to maintain access shall be considered incidental to other items of work and no separate payment will be made. The Contractor shall access the culvert location through the park properly from West Chateau Avenue. The Contractor shall be responsible for repairing berms, sod, sprinklers, fencing, and other miscellaneous items damaged or removed to accommodate the Contractor's access to the site. Costs associated with repairing these areas shall be considered incidental to other items of work and no additional payment will be made. UTILITY INFORMATION responsibility to request utility locates and identify anv potential conflicts with utilitles prior to beainnina construction. It shall be the Contractor's responsibility to contact and coordinate with the various utility companies as necessary for the successful completion of the project. This coordination effort shall include, but not be limited to, working other than normal operation hours to permit the relocation of utilities, construction of the box culvert extension and construction of any associated roadway improvements within the time frame of this contract. The cost to contact and coordinate with utilities shall be considered incidental to other items —of wirork-afid no separate payment wail -be The Contractor shall call Dig Line a minimum of 48 hours prior to any excavation to request utility locations at #811. The Contractor shall expose all existing utility crossings to verify locations and elevations prior to any other construction that may affect those utilities. The cost associated with exposing the existing utilities is considered incidental to the project and no separate payment will be made. DAMAGE BEYOND CONSTRUCTION LIMITS Damage to any area or items outside the construction limits of this project, including existing landscape, irrigation and storm drain facilities, fencing, pavement, curb, gutter, and sidewalk shall be promptly repaired by the Contractor. The cost to complete such repairs shall be considered incidental to other items of work and no separate payment will be made. All items within the construction limits including, but not limited to, trees, bushes, utilities, sidewalks, pipes, driveways, planters, signs, sprinklers, lawns, etc. shall be retained and protected unless specifically noted otherwise on the plans. STORM DRAIN AND IRRIGATION FLOWS The Contractor is responsible for transmitting existing storm drain and irrigation flows, including pathway runoff, during construction. 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) 18 of 38 The Contractor shall be responsible for completing all work in conformance with Nampa -Meridian Irrigation District (NMID) requirements. The Contractor shall coordinate all construction activities with the NMID and the City of Meridian at least seven (7) days in advance of work within Fivemile Creek and the canal easement. PROJECT MAINTENANCE DURING CONSTRUCTION The Contractor shall be responsible for project maintenance throughout the life of the contract. This responsibility includes, but is not limited to, blading, sweeping, proper and adequate drainage, access for emergency equipment, and dust control. All project maintenance activities shall also conform to requirements specified in any project permits, including the project Section 404 permit. The Contractor shall be responsible for maintaining both on-site and off-site roadway facilities that are adversely affected by construction activities, including hauling. This maintenance may include, but is not limited to, street sweeping to eliminate tracking (within the project limits, adjacent streets, private driveways, and parking lots), and roadway repairs due to truck and equipment traffic. Required roadway facility maintenance shall be at the discretion of the Engineer. EXCAVATION Excavation, bedding, backfill, and compacting requirements shall be in accordance with ISPWC Specifications except as noted herein. All work shall meet the permit(s) requirements, OSHA requirements and applicable sections of the ISPWC Specifications. Water levels shalt be maintained below the bottom of excavations during all types of construction operations. The cost to complete this work shall be considered incidental to the cost of culvert items and no additional payment will be made. SOURCES The Contractor shall prepare and submit submittals of all products to be used to Owner for review and approval. ...... __................ __...... —_...EXCESS-WATERIAL--SITE The Contractor shall be responsible for providing a site for the disposal of excess or unsuitable materials, unless specifically noted otherwise in the contract documents. If bituminous material is to be disposed of, the site shall meet the requirements of the Idaho Division of Environmental Quality. All excess material sites shall be approved by the City of Meridian. No separate payment shall be made for the acquisition or operation of the sites, nor for loading, hauling or unloading of the materials to the site. QUALITY ASSURANCE TESTS Materials inspection and testing will be provided by the City and coordinated by the contractor. Re -testing necessitated by the failure of quality assurance testing of materials placed by the Contractor shall be at the Contractor's expense. These costs shall be deducted from progress estimates. CONSTRUCTION STAKING Construction staking to be provided by and paid by contractor. Construction staking shall be considered incidental and no separate payment will be made. ON SITE SUPERVISION The General Contractor shall provide competent on-site supervision during all construction activities, including SUBCONTRACTORS activities. The superintendent shall be identified at the preconstruction 8' Street Pedestrian Pathway & Box Culvert (Ph 1) 19 of 38 W conference, and shall at a r, jonimum be on-site from the notice to proceed date to the completion date. If for any reason the superintendent needs to be replaced by the General Contractor, a written notice must be submitted to the City of Meridian within (5) five working days before the event occurs. INFORMATION GIVEN PRIOR TO AWARD Oral explanations, instructions and interpretations given to bidders prior to'award of contract will not be binding. It is the City of Meridian's intent to provide all bidders equal opportunity to access and acquire all available pertinent information necessary to formulate a responsive bid. Any information, specifications, plans, data, or interpretations that the City of Meridian discovers is lacking and may be important to all bidders will be furnished in the form of an addenda, the receipt of which shall be acknowledged by the bidder. 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) 20 of 38 0 • SPECIAL PROVISIONS I. ITEM 201.4.1.C.1 - REMOVAL OF OBSTRUCTIONS ON PAGE 3 OF SECTION 201 OF THE ISPWC, SUBSECTION 3.1.13.1, delete the entire subsection and add the following: Clearing and grubbing limits shall be within the project area and limited to the locations required to construct the project or as directed by the Engineer. ON PAGE 5 OF SECTION 201 OF THE ISPWC, SUBSECTION 4.1.C, add the following: This item shall include all costs associated with clearing and grubbing. This item shall include all costs associated with the removal and disposal of trees and stumps less than six (6) inches in diameter measured at a point two (2) feet above existing ground. This item also includes installing a new fence post at the end of the remaining fence in those locations where an existing fence is removed. The new post shall be set on the fence line or as directed by the Engineer. All costs associated with backfilling voids created by the removal of pipes, structures, trees, and other items shall be considered incidental and no separate payment will be made. 2. ITEM 206.4.1.1.3 — HAND PLACED RIPRAP ON PAGE 3 OF SECTION 206 OF THE ISPWC, SUBSECTION 2.7.C.1, delete the entire subsection and add the following: Stone to be nearly rectangular with approximately 50% having a volume of at least one (1) cubic foot. Maximum size not to exceed 18° in any direction. Geotextile fabric shall conform with=ISPVUC`Section 2050 requirements. ON PAGE 7 OF SECTION 206 OF THE ISPWC, SUBSECTION 3.3.C.1, delete the entire subsection and add the following: Place by hand or mechanical methods to the thickness specified or directed on geotextile fabric placed on prepared slopes. ON PAGE 10 OF SECTION 206 OF THE ISPWC, SUBSECTION 4.1.1.4, add the following: This item includes all costs associated with providing and placing geotextile fabric prior to placing dprap. 3. ITEM 307.4.1.A.3 — MISCELLANEOUS SURFACE RESTORATION (SOD) ON PAGE 3 OF SECTION 307 OF THE ISPWC, PART 2 - MATERIALS, add the following: 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) 21 of 38 2.7.1.1.1. SOD A. Topsoil shall be friable, loamy soil reasonably free of refuse, roots and seed of noxious weeds and other material detrimental to vegetative growth. B. Fertilizers shall comply with the following chemical analysis: 15% to 20% Nitrogen (N) 20% to 25% Phosphoric Acid P206 2% to 10% Potash K20 C. Sod shall consist of either Blue grass, Princeton #105, Midnight, Quantum Leap, Rye Grass, SR 4200, Calypso 2,; with a 70% blue grass, 30% rye grass blend (or approved equal by the City of Meridian Parks and Recreation Department)suitable for the area to be sodded. ON PAGE 4 OF SECTION 307 OF THE ISPWC; SUBSECTION 3.5, add the following: C. Sod construction shall take place only on those disturbed areas, which currently have established lawns, or as shown on the project plans. A minimum of four (4) inches of topsoil shall be placed in sod areas. The sod areas shall be tilled to a minimum depth of six (6) inches by such means as will loosen the soil and bring it to condition suitable for fine grading. Prior to and during the operation, the surface shall be made free of vegetative growth. All stones, hard clods, roots, sticks, debris, and other matter encountered during tilling which are detrimental to the preparation of a good seed bed, or which is toxic to the growth of grass, shall be removed from the area and wasted as directed. The area shall be floated and rolled to bring it to the finished grade. All irregularities in the surface that form pockets where water will stand shall be. smoothed out to provide good drainage. The'finished grade of sod areas adjacent to walks, curbs, driveways; and-pavements-shall-be-approximately-one-(1-)-inch-below-adja'cent grades. Fertilizers shall be spread evenly over the cultivated areas at a rate of four (4) pounds per 1000 square feet and shall be uniformly incorporated into the upper three (3) inches of the soil, after which the areas shall be worked as necessary to provide a smooth, firm but friable lawn bed at the established grades. Sod shall be placed in straight strips. The joints between strips shall be butted together, tight and without gaps. The sod shall be rolled with a 100 pound roller after placement. The surface of the finished sod shall be smooth and uniform. The Contractor shall be responsible for maintaining, protecting, and watering sod areas until the sod is fully established. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A, delete the first paragraph and add the following: This item shall be paid for by the square yard of area restored. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A.4, delete the entire subsection and add the following: Payment for this item will be made under: e Street Pedestrian Pathway & Box Culvert (Ph 1) 22 of 38 307.4.1.A.3 — Miscellaneous Surface Restoration (Sod) - Per Square Yard 4. ITEM 307.4.1.A.5 — MISCELLANEOUS SURFACE RESTORATION (PASTURE) ON PAGE 3 OF SECTION 307 OF THE ISPWC, PART 2 - MATERIALS, add the following: 2.8.1.1.1. PASTURE A. Topsoil shall be friable, loamy soil reasonably free of refuse, roots and seed of noxious weeds and other material detrimental to vegetative growth. B. The pasture grass mix shall be "Northwest Blend" available at Zamzow's, or approved equal. ON PAGE 4 OF SECTION 307 OF THE ISPWC, SUBSECTION 3.5, add the following: D. All areas disturbed by construction activities shall be seeded with pasture seed unless noted otherwise or as directed by the Engineer. Areas disturbed by construction activities that are adjacent to existing lawn shall be repaired with sod as specified in Item 307.4.1.A.3. A minimum of four (4) inches of topsoil shall be placed in pasture seed areas. The pasture seed areas shall be tilled to a minimum depth of six (6) inches by such means as will loosen the soil and bring it to condition suitable for fine grading. Prior to and during the operation, the surface shall be made free of vegetative growth. All stones, hard clods, roots, sticks, debris, and other matter encountered during tilling which are detrimental to the preparation of a good seed bed, or which is toxic to the growth of pasture grass, shall be removed from the area and wasted as directed. All irregularities in the surface that form pockets where water will stand shall be smoothed out to provide good drainage. The finished grade of pasture seed areas adjNc ntiowalks, curbs; driveways, an pad vements sfall approxiffately match adjacent grades. The seed mix shall be applied by a hydro -seeder at a minimum coverage rate of one (1) pound per 20 square yards (250 pounds/acre). Seed shall be applied between September 15 and September 30, or as directed by the Engineer. Seed shall not be applied when the soil is too wet or dry, frozen, or otherwise untillable. Fertilizer shall be applied at the time of seeding at the rate of 10 pounds of Nitrogen (N) per acre and 15 pounds of Phosphorus per acre. Fertilizer shall not be mixed in with the seed in the hydro -seeder. At no time after the seed is in place, shall trucks or equipment be driven on the area. The Contractor is responsible for maintaining, protecting, and watering seeded areas during establishment of the pasture grass. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A, delete the first paragraph and add the following: This item shall be paid for by the square yard of area restored. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A.6, delete the entire subsection and add the following: 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) 23 of 38 Payment for .bis item will be made under. 307.4.1.A.5 — Miscellaneous Surface Restoration (Pasture) - Per Square Yard 5. SP -700 — CONCRETE BOX CULVERTS AND ASSOCIATED PRECAST MEMBERS General: This item shall include all design, equipment, materials, labor, tools and incidentals associated with the supply of the concrete box culverts and associated precast members for the pedestrian bridge. Mat_ The Contractor will provide all precast materials, including the culvert, wing walls, and cutoff walls meeting the following requirements: a. DESIGN LOADINGS I. AASHTO HS -20-44, ASTM -1433 ii. SOIL WEIGHT = 120 PCF iii. DEPTH OF OVERBURDEN 0.0' MIN, 2.0' MAX iv. ASSUMED WATER TABLE: BELOW FINISH GRADE v. EQUIV. FLUID PRESSURE = 40 PCF. vi. 80 PSF LATERAL LIVE LOAD SURCHARGE b. CONCRETE 28 DAY COMPRESSIVE STRENGTH SHALL BE 5,000 PSI (MIN). c. STEEL REINFORCEMENT: REBAR, ASTM A-615 GRADE 60. The supplier of the precast materials must provide 4 copies of stamped engineering submittals (with calculations) for review and approval by the City of Meridian. The supplier of the precast materials must be a NPCA certified plant. The Contractor shall be responsible for all other materials necessary to deliver the precast materials. easurementand-Pavment:�__...... _.................. ........ _........... .................. _....... ............. .................... ...._.....:..._................ Payment for this item will be made as a Lump Sum and shall include all labor and materials (except as identified herein), required to supply and deliver the box culvert, wing walls, and cutoff walls to the site. Payment for this item will be made under. SP -700 — Concrete Box Culvert and Associated Precast Members — Lump Sum 6. SP -700.1— CONCRETE BOX CULVERTS AND ASSOCIATED PRECAST MEMBERS INSTALLATION General: This item shall include all equipment, materials, labor, tools and incidentals associated with the preparation and installation of the concrete box culverts and associated precast members for the pedestrian bridge. The Contractor shall be responsible for completing all work in conformance with Nampa -Meridian Irrigation District, project permit(s) and City of Meridian requirements. The Contractor shall coordinate all construction activities with the Nampa -Meridian Irrigation District and the City of Meridian at least seven m days in advance of work within Five Mile Creek. Street Pedestrian Pathway & Box Culvert (Ph 1) 24 of 38 I This item also incluwes all costs associated with providing and installing the bedding material, Type I aggregate backfill, excavation, and compaction. Backfill to the finished grade as shown on the project plans shall be included in this item. Mat= The Contractor will provide all equipment, materials, labor, tools and incidentals associated with the installation of the bridge including but not limited to bedding and backfill. Workmanship: The Contractor shall access the culvert location through the park property from West Chateau Avenue. The Contractor shall be responsible for repairing berms, sod, sprinklers, fencing, and other miscellaneous items damaged or removed to accommodate the Contractor's access to the site. Costs associated with repairing these areas shall be considered incidental to other items of work and no additional payment will be made. Measurement and Pavment: Payment for this item will be made as a Lump Sum and shall include all labor and materials (except as identified herein), including excavation and backfill, required to install the box culvert, wing walls, and cutoff walls. Payment for this item will be made under: SP -700.1 — Concrete Box Culvert Installation — Lump Sum 7. SP -801 - PEDESTRIAN PATHWAY (Preparation) general: This item shall include all costs associated with the construction of the pedestrian pathway (excluding-aspha/t)-from the -existing -asphalt pathway-on-the,north side'of-Five-Mile-Creek to the `— existing chain link fence on the south side of Five Mile Creek. Asphalt is not included in this nroiect This item shall include all equipment, materials, labor, tools and incidentals required to prepare new pathway (excluding asphalt) to top of aggregate base from the existing asphalt pathway on the north side of Five Mile Creek to the existing chain link fence on the south side of the Five Mile Creek. Matte The aggregate base shall conform to Type I crushed aggregate. Subgrade separation geotextile fabric shall conform to iSPWC Section 2050 requirements. Asahalt is not included in this ro ect Measurement and Payment: Pedestrian Pathway (preparation) areas shall be measured per square yard of surface area constructed and shall include excavation, Type I crushed aggregate base, and geotextile fabric. Asphalt is not included in this project Payment for this item will be made under: SP -801 - Pedestrian Pathway (Preparation) - Per Square Yard 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) 25 of 38 • 0" 6. SP -1004.4.1.F.1 —1 "MPORARY COFFERDAM General: This item shall consist of constructing temporary cofferdams in Five Mile Creek upstream and downstream of the new box culvert installation. The intent of the cofferdam is to allow irrigation and drainage flows to bypass the construction area through the use of pumping or other acceptable methods. Construction of the cofferdams shall conform to all local, state, and federal permit requirements, including the US Army Corps of Engineers Section 404 permit. Materials: Sandbags, plastic sheeting, planking, and other acceptable BMP materials may be used to construct the cofferdam. Earth dams and fill are not acceptable without prior approval from the Engineer. The Contractor shall be responsible for selecting durable materials that will not breach and allow water to flow into the construction area. Pumps and pipes used to bypass flows shall be sized adequately to transmit flows without causing adverse impacts upstream of the cofferdam. Workmanshi The Contractor's construction methods shall minimize disturbance to the existing ditch. The Contractor shall work in a manner to ensure sediments created during construction are contained in the project site. The Contractor shall inspect the cofferdam regularly and after every storm. The Contractor shall also make any repairs necessary to ensure the cofferdam is in good working order. Flows retained by the cofferdam and bypassed through the construction site shall be free of turbidity and not degrade downstream receiving waters. Measurement and Payment: Payment -for this item will -be -made under. SP -1004.4.1.F.1 — Temporary Cofferdam — Per Each T. SP -2000 — MISCELLANEOUS SPRINKLER REPAIR General: This item shall consist of repairing/modifying existing sprinkler systems at the locations shown on the plans or as directed by the Engineer. This item includes removing, adjusting, and relocating heads, valves, lines, and control wires. This item also includes cutting or capping lines and supplementing existing systems with additional materials as required. Mat All materials necessary to repair/modify sprinklers shall be equal in quality or better than existing materials. Workmanship: The Contractor shall document the locations of existing sprinkler systems within the construction zone. Documentation shall include, but is not limited to, type and location of existing sprinkler heads, pipe lines, controllers, valves, and control wires. Documentation shall be provided to the 8t' Street Pedestrian Pathway &Box Culvert (Ph 1) 26 of 38 0 r Engineer prior to db-iolition of existing sprinkler systems. Cots associated with providing documentation of existing sprinkler systems shall be considered incidental. Repaired/modified sprinklers shall be installed to restore adequate coverage to remaining landscape areas and new sod and seed areas. Overspray onto the roadway and sidewalks will not be allowed. The Contractor shall obtain approval from the City of Meridian prior to allowing overspray onto the new asphalt pathway. The Contractor shall maintain all sprinkler systems outside of the construction zone that are impacted by the Contractor's activities. This may require the Contractor to install temporary sprinkler main lines around the construction zone. Costs associated with maintaining sprinkler systems shall be considered incidental. Contractor is required to check restoration work with the City of Meridian Parks and Recreation Department when system is operable in the spring before the City will accept the work. Measurement and Pavrnent: Miscellaneous Sprinkler Repair shall be measured by the lump sum for the entire project. Payment for this item will be made under: SP -2000 — Miscellaneous Sprinkler Repair — Lump Sum 8. SP -2040 — DECORATIVE FENCE General: This item shall include all costs associated with providing and installing decorative fence at the locations indicated on the project plans, or as directed by the Engineer. Materials: Fencing shall be Boise River Fence, Inc., Model: Alternate Vista Cap, or approved equal. Fencing shall be painted black or as directed by the City of Meridian. Workmanship. The Contractor shall submit six (6) sets of shop drawings for the decorative fence, including all anchor and foundation details, to the Engineer for approval prior to beginning fabrication. Shop drawings shall also detail the panel picket lengths required to match the pathway grade and maintain a level top rail. Measurement and Payment: Payment for this item will be made under: SP -2040 — Decorative Fence — Per Linear Foot 9. SP -2045 — CHAIN LINK FENCE General: This item shall include all costs associated with providing and installing chain link fence at the location indicated on the project plans, or as directed by the Engineer. e Street Pedestrian Pathway & Box Culvert (Ph 4) 27 of 38 Materials: Fencing shall be chain link and shall conform to Section 2040 of ifie ISPWC. Fencing shall match the existing adjacent fence and include barbed wire. Workmanship: Workmanship shall conform to Section 2040 of the ISPWC. Measurement and Pavment: Payment for this item will be made under: SP -2045 — Chain Link Fence — Per Linear Foot 11. SP -4000 - SWPPP GENERAL Contractor will be responsible for final stabilization. Water pollution control work shall conform to the provisions in the latest edition of the City of Meridian Construction Storm Water Management Plan (CSWMP). The Contractor shall perform water pollution control work in conformance with the requirements in the Construction General Permit (CGP) and its addenda in effect on the day Notice of Award is dated. The CGP and other references for performing water pollution control work are available from the Environmental Protection Agency's (EPA) web site at: hftp://www.epa.ciov/ebtpac3esANatestormwater.html STORM WATER POLLUTION PREVENTION PLAN The Contractor shall submit a Storm Water Pollution Prevention Plan (SWPPP) to the Project Manager for approval. The SWPPP must follow the formatting of the latest EPA SWPPP Template and must be site specific. The SWPPP shall conform to the requirements in the CGP. The SWPPP shall include water pollution control practices: A. For storm water and non -storm water from areas within and outside of the job site related to construction activities for this contract such as: 1. Staging areas. 2. Storage yards. 3. Access roads. 4. Disturbed areas. The SWPPP shall include a schedule that: A. Describes when work activities that could cause water pollution will be performed. B. Identifies soil stabilization and sediment control practices for disturbed soil area. C. Includes dates when these practices will be complete. e Street Pedestrian Pathway & Box Culvert (Ph 1) 28 of 38 e, 0 The SWPPP shall ir,,,rude temporary water pollution control practices and their associated contract items of work as shown on the plans or speed in these special provisions. Within 20 days after contract approval, the Contractor shall submit one copy of the SWPPP to the City. The Contractor shall allow 10 days for the City's review. If revisions are required, the City will provide comments and specify the date that the review stopped. The Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the City's comments. The City's review will resume when the complete SWPPP is resubmitted. When the City approves the SWPPP, the Contractor shall submit four copies of the approved SWPPP to the City. Upon completion of an initial project SWPPP that is approved by the City, the City and the Contractor shall submit separate Notices of Intent to EPA Region 10. The Contractor shall not perform work that may cause water pollution until the SWPPP has been approved by the City, both the Contractor and the City meet the 7 -day waiting period after filing separate NOls, and a preconstruction SWPPP inspection with the Contractor and City has been conducted. The City's review and approval shall not waive any contract requirements and shall not relieve the Contractor from complying with Federal, State and local laws, regulations, and requirements. The Contractor shall amend the SWPPP as required throughout the project to meet site requirements. If there is a change in construction schedule or activities, the Contractor shall prepare an amendment to the SWPPP to identify additional or revised water pollution control practices. The Contractor shall submit the amendment to the City for review within a time agreed to by the City not to exceed the number of days specified for the initial submittal of the SWPPP. The City will review the amendment within the same time allotted for the review of the initial submittal of the SWPPP. If directed by the City or requested in writing by the Contractor and approved by the City, changes to the water pollution control work specified in these special provisions will be allowed. Changes may include addition of -new water pollution control practices. The Contractor shall incorporate these changes in the SWPPP. The Contractor shall keep a copy of the approved SWPPP at the job -site. The-SWPPP-shall-be-made-available-when-requested-by-a-representative-of-the EPA; a state, tribal or local agency approving sediment and erosion plans, grading plans, or storm water management plans; local government officials; the operator of a municipal separate storm sewer receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service to the requestor. Requests from the public shall be directed to the City. IMPLEMENTATION REQUIREMENTS The Contractors responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered by the City. The Contractor shall provide qualified personnel with applicable training certification to draft SWPPP, conduct and record inspections, and to meet other permit requirements. A qualified preparer of the SWPPP shall either be certified through the International Erosion Control Association as a Certified Professional in Erosion and Sediment Control or Certified Professional in Stormwater Quality; or have completed a minimum 4 -hour stormwater Resident Engineer or SWPPP preparation training in the past 12 -months through the Owner, Idaho Transportation Department, or other government agency. A copy of the certification shall be provided in the SWPPP. At a minimum, the Owner and the Contractor shall sign and certify the SWPPP and all associated stormwater management documentation in accordance with the CGP. If the ranking corporate officer does not sign the SWPPP and all associated stormwater management documentation, then 8t' Street Pedestrian Pathway & Box Culvert (Ph --I) 29 of 38 0 0 they must be signet.- fly a duly authorized person so designaidd by the Contractor in a formal letter on corporate letterhead. If the Contractor or the City identifies a deficiency in the implementation of the approved SWPPP, the deficiency shall be corrected immediately, unless an agreed date for correction is approved in writing by the City. The deficiency shall be corrected before the onset of precipitation. If the Contractor falls to correct the deficiency by the agreed date or before the onset of precipitation, the City may correct the deficiency and deduct the cost of correcting deficiencies from payments. If the Contractor fails to conform to the provisions of this section, 'Water Pollution Control," the City Inspector or Project Manager may order the suspension of work (at Contractor's expense) until the project complies with the requirements of this section. The Contractor shall construct water pollution control items identified in the SWPPP. The Contractor shall maintain the water pollution control items until the City has accepted the project and the Contractor has filed an NOT with the EPA. The Contractor can only file an NOT after receiving authorization to do so by the City. Year -Round The Contractor shall monitor the National Weather Service weather forecast on a daily basis during the contract. The Contractor may use an alternative weather forecasting service if approved by the Project Manager. Appropriate water pollution control practices shall be in place before precipitation. The Contractor may discontinue earthwork operations for a disturbed area for up to 14 days and the disturbed soil area will still be considered active. When earthwork operations in the disturbed area have been completed, the Contractor shall implement appropriate water pollution control practices within 14 days, or before predicted precipitation, whichever occurs first. INSPECTION AND MAINTENANCE Weekly storm water management inspections will be conducted on City Public Works construction projects.—The-C-ontractor-and-the-City-will-perform-weekiy-storm-water-management-inspections together. The City's SWPPP Construction Inspection Form will be completed, including signatures, during the weekly storm water management inspection. The Contractor shall inspect the water pollution control practices identified in the SWPPP as follows: A. Before a forecasted storm, B. After precipitation that causes site runoff, C. At 24-hour intervals during extended precipitation, D. On a predetermined schedule, a minimum of once a week The Contractor shall oversee the maintenance of the water pollution control practices. REPORTING REQUIREMENTS If the Contractor identifies discharges into surface waters or drainage systems causing or potentially causing pollution, or if the project receives a written notice or order from a regulatory agency, the Contractor shall immediately inform the City Inspector and Project Manager. The Contractor shall submit a written report to the Project Manager within 7 days of the discharge, notice or order. The report shall include the following information: A. The date, time, location, and nature of the operation, type of discharge and quantity, 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) 30 of 38 01 - and and „E cause of the notice or order. B. The water pollution control practices used before the discharge, or before receiving the notice or order. C. The date of placement and type of additional or altered water pollution control practices placed after the discharge, or after receiving the notice or order. D. A maintenance schedule for affected water pollution control practices. PROJECT COMPLETION The City may authorize the Contractor from further storm water management obligations once the Public Works construction is completed. Contractor must submit a completed °Contractor Request to File Project Notice of Termination" for City review. The Contractor Request to File Project Notice of Termination is included in Appendix F of the City's CSWMP. Upon completion of construction, the Contractor may submit their NOT thereby shifting responsibility for final stabilization to the City. The NOT serves as notification that construction activities with a potential to release pollutants are complete and that the construction site is stabilized in accordance with the provisions of the CGP. END OF PROJECT DOCUMENTATION Before the City accepts the project and before final payment, contractor must supply the City with a copies of all storm water management documentation associated with the project including the SWPPP, completed inspection forms and any other documentation to meet the requirements of the CGP. The copies must be in color, hole punched and inserted into a hard cover three ring binder, and must follow the formatting of the EPA SWPPP template. PAYMENT During each estimate period the Contractor fails to conform to the provisions in this section, "Water Pollution Control," or fails to implement water pollution control practices the City may withhold _......._...................... payment. The contract lump sum price presented in the schedule of values for preparing and implementing the storm water pollution .prevention plan shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in preparing, obtaining approval of, and amending the SWPPP, as specified in the Standard Specifications and these special provisions, and as directed by the City or City's Duly Authorized Representative. The contract lump sum price is a fixed price and any changes to the project for additional storm water pollution prevention to comply with the CGP after the start of construction will be at the Contractor's expense. Payments for storm water pollution prevention will be made as follows: A. Upon City approval of the SWPPP and a preconstruction SWPPP Inspection with a Project Compliance rating of 1, 50 percent of the contract item price for storm water pollution prevention may be included in Contractors progress payment request. B. Upon City acceptance of the project, the remaining 50 percent of the contract item price for storm water pollution prevention may be included in Contractors progress payment request. Implementation of water pollution control practices in areas outside the project limits not specifically provided for in the SWPPP or in these special provisions will not be paid for. e Street Pedestrian Pathway & Box Culvert (Ph 1) 31 of 38 Exhibit A CLARIFICATION OF PLANS/DRAWINGS The construction zone for Phase 1 will be from the existing asphalt pathway on the north side of Fivemile Creek to the existing chain link fence on the south side of the Fivemile Creek. Temporary construction entrance and access will be from W. Chateau Ave. Bid Item Miscellaneous Surface Restoration (Pasture and Sod) and Bid Item Miscellaneous Sprinkler Repair shall be limited to these areas only. Sheet 2 of 4 has an ASPHALT PEDESTRIAN PATHWAY detail. This project (Phase 1) does not include the 3" Class "C" asphalt paving. Contractor shall construct everything in the detail (except for the asphalt) at the appropriate elevation in preparation for the future asphalt paving (not included in this project). Sheet 3 of 4 has a call out"SEE SHEET 4 FOR BOX CULVERT PLANS (PRECAST MATERIALS PROVIDED BY CITY OF MERIDIAN)" The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 3 of 4 under GENERAL NOTES, note 2 states °This project includes all necessary labor and materials to construct the project with the exception of the box culvert, wingwalls, and cutoff walls (Materials only, provided by the City of Meridian). The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 4 of 4 under GENERAL NOTES, note 2 states "This project includes all necessary labor and materials to, construct. the.project.withrthe exception of -the -box -culvert; wingwalls,-and cutoff walls (Materials only, provided by the City of Meridian). The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. e Street Pedestrian Pathway & Box Culvert (Ph 1) 32 of 38 EXHIBIT B PLANS/DRAWINGS SEE ATTACHED EXHIBIT B 8t' Street Pedestrian Pathway $ Box Culvert (Ph 1) 33 of 38 WI • EXHIBIT C LIST OF SUBCONTRACTORS NAME OF SUBCONTRACTOR TRADE PERCENTAGE OF BID PRICE (DlJc,,:sfl,- Prcca:J 8�' Street Pedestrian Pathway & Box Culvert (Ph 1) 34 of 38 • 0 EXHIBIT D LICENSE AGREEMENT BY AND AMONG NAMPA & MERIDIAN IRRIGATION DISTRICT AND THE CITY OF MERIDIAN SEE ATTACHED EXHIBIT D 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) 35 of 38 EXHIBIT E DEPARTMENT OF THE ARMY PERMIT SEE ATTACHED EXHIBIT E 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) 36 of 38 * `I EXHIBIT F IDAHO DEPARTMENT OF WATER RESOURCES PERMIT SEE ATTACHED EXHIBIT F e Street Pedestrian Pathway & Box Culvert (Ph 1) 37 of 38 EXHIBIT G INDEPENDENT CONTRACTORS AGREEMENT SEE ATTACHED EXHIBIT G 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) 38 of 38 • • AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES 8' STREET PEDESTRIAN PATHWAY AND BOX CULVERT, PHASE I PKS-09-002 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of January, 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and H2 EXCAVATION hereinafter referred to as "CONTRACTOR", whose business address is 16089 Franklin Blvd, Unit A #6, Nampa, ID 83687 and whose Public Works Contractor License # is 16456. INTRODUCTION Whereas, the City has a need for services involving 8T" Street Pedestrian Pathway and Box Culvert, Phase I; 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 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 Attachment "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 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 1 of 35 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. 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 lump sum basis in the amount of $64,166.92 as provided in Attachment 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, 8t" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 2 of 35 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. 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 or (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment 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 Attachment 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 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 45 working days (excluding weekends and City Observed Holidays) 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 $500.00 per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 3 of 35 i 0 because of such delay and not be construed as a penalty. 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. 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 Attachment 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 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 4 of 35 • • 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 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. 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 5 of 35 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 Broadway 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. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 6 of 35 • 0 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. Broadway Avenue Meridian, Idaho 83642 H2 Excavation Attn: Delbert Hedges 16089 Franklin Blvd Unit A #6 Nampa, ID 83687 Idaho Public Works License #:16456 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. 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. 12. 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. Stn Street Pedestrian Pathway and Box Culvert PKS-09-002 page 7 of 35 0 0 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or Stn Street Pedestrian Pathway and Box Culvert PKS-09-002 page 8 of 35 0 • enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. 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. 20. 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. 21. 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. 22. 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. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Dated: Approved by City Council: Attest: JAYCEE L. HOLMAN, CITY CLERK H2 EXCAVATION BY: II Dated: 8t," Street Pedestrian Pathway and Box Culvert PKS-09-002 page 9 of 35 0 Approved as to Content 0 Department Approval BY: BY: KEITH WATTS, PURCHASING AGENT NAN Dated: TITL Approved as to Form CITY ATTORNEY 8t" Street Pedestrian Pathway and Box Culvert Dated: I PKS-09-002 page 10 of 35 Attachment A SCOPE OF WORK GENERAL SPECIAL PROVISIONS CITY OF MERIDIAN PROJECT NO. PKS-09-002 8T" STREET PARK PEDESTRIAN PATHWAY AND BOX CULVERT PROJECT (Phase 1) GENERAL NOTES BASIS OF PAYMENT Except as modified herein, the various work called for on the Bid Schedule shall be performed, measured, and paid for as indicated on said Bid Schedules and as provided in the 2008 IDAHO STANDARDS FOR PUBLIC WORKS CONSTRUCTION (ISPWC) with all adopted supplements. The Contractor is required to be a holder of the applicable ISPWC and ADOPTED SUPPLEMENTS. The intent of the drawings and specifications is to provide a complete package. No separate payment will be made for items not specifically called out in the Bid Schedule. Any such work shall be considered incidental to other items of work and no separate payment will be made. In the event of a conflict between the Special Provisions and the ISPWC, the Special Provisions shall govern. CLARIFICATION OF DRAWINGS The construction zone for Phase 1 will be from the existing asphalt pathway on the north side of Fivemile Creek to the existing chain link fence on the south side of the Fivemile Creek. Temporary construction entrance and access will be from W. Chateau Ave. Bid Item Miscellaneous Surface Restoration (Pasture and Sod) and Bid Item Miscellaneous Sprinkler Repair shall be limited to these areas only. Sheet 2 of 4 has an ASPHALT PEDESTRIAN PATHWAY detail. This project (Phase 1) 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 11 of 35 does include the 3" Class °C" asphalt paving. Contractor shall construct everything in the detail (except for the asphalt) at the appropriate elevation in preparation for the future asphalt paving (not included in this project). Sheet 3 of 4 has a call out "SEE SHEET 4 FOR BOX CULVERT PLANS (PRECAST MATERIALS PROVIDED BY CITY OF MERIDIAN)" The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 3 of 4 under GENERAL NOTES, note 2 states "This project includes all necessary labor and materials to construct the project with the exception of the box culvert, wingwalls, and cutoff walls (Materials only, provided by the City of Meridian). The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 4 of 4 under GENERAL NOTES, note 2 states "This project includes all necessary labor and materials to construct the project with the exception of the box culvert, wingwalls, and cutoff walls (Materials only, provided by the City of Meridian). The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. BASIS OF QUANTITIES Unless otherwise specified herein, all quantities are based upon in-place, completed, and accepted units. ACCESS DURING CONSTRUCTION The Contractor shall maintain access to 8"' Street Park and along the existing asphalt pathway north of Five Mile Creek at all times throughout the duration of the project. This shall include providing an adequate surface (free of construction materials, holes, and mud) for all pedestrians. The cost to maintain access shall be considered incidental to other items of work and no separate payment will be made. The Contractor shall access the culvert location through the park property from West Chateau Avenue. The Contractor shall be responsible for repairing berms, sod, sprinklers, fencing, and other miscellaneous items damaged or removed to accommodate the Contractor's access to the site. Costs associated with repairing these areas shall be considered incidental to other items of work and no additional payment will be made. UTILITY INFORMATION The Contractor is advised that utility Information and locates were not a Dart of the design and Plan Preparation. Therefore utilities are not shown on the Project 04—ans. It is the 8 Street Pedestrian Pathway and Box Culvert PKS-09-002 page 12 of 35 0 i Contractor's responsibility to request utility locates and Identify any wotential conflicts with utilities prior to beninnina construction It shall be the Contractor's responsibility to contact and coordinate with the various utility companies as necessary for the successful completion of the project. This coordination effort shall include, but not be limited to, working other than normal operation hours to permit the relocation of utilities, construction of the box culvert extension and construction of any associated roadway improvements within the time frame of this contract. The cost to contact and coordinate with utilities shall be considered incidental to other items of work and no separate payment will be made. The Contractor shall call Dig Line a minimum of 48 hours prior to any excavation to request utility locations at #811. The Contractor shall expose all existing utility crossings to verify locations and elevations prior to any other construction that may affect those utilities. The cost associated with exposing the existing utilities is considered incidental to the project and no separate payment will be made. DAMAGE BEYOND CONSTRUCTION LIMITS Damage to any area or items outside the construction limits of this project, including existing landscape, irrigation and storm drain facilities, fencing, pavement, curb, gutter, and sidewalk shall be promptly repaired by the Contractor. The cost to complete such repairs shall be considered incidental to other items of work and no separate payment will be made. All items within the construction limits including, but not limited to, trees, bushes, utilities, sidewalks, pipes, driveways, planters, signs, sprinklers, lawns, etc. shall be retained and protected unless specifically noted otherwise on the plans. STORM DRAIN AND IRRIGATION FLOWS The Contractor is responsible for transmitting existing storm drain and irrigation flows, including pathway runoff, during construction. The Contractor shall be responsible for completing all work in conformance with Nampa - Meridian Irrigation District (NMID) requirements. The Contractor shall coordinate all construction activities with the NMID and the City of Meridian at least seven (7) days in advance of work within Fivemile Creek and the canal easement. PROJECT MAINTENANCE DURING CONSTRUCTION The Contractor shall be responsible for project maintenance throughout the life of the contract. This responsibility includes, but is not limited to, blading, sweeping, proper and adequate 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 13 of 35 drainage, access for emergency equipment, and dust control. All project maintenance activities shall also conform to requirements specified in any project permits, including the project Section 404 permit. The Contractor shall be responsible for maintaining both on-site and off-site roadway facilities that are adversely affected by construction activities, including hauling. This maintenance may include, but is not limited to, street sweeping to eliminate tracking (within the project limits, adjacent streets, private driveways, and parking lots), and roadway repairs due to truck and equipment traffic. Required roadway facility maintenance shall be at the discretion of the Engineer. EXCAVATION Excavation, bedding, backfill, and compacting requirements shall be in accordance with ISPWC Specifications except as noted herein. All work shall meet the permit(s) requirements, OSHA requirements and applicable sections of the ISPWC Specifications. Water levels shall be maintained below the bottom of excavations during all types of construction operations. The cost to complete this work shall be considered incidental to the cost of culvert items and no additional payment will be made. SOURCES The Contractor shall prepare and submit submittals of all products to be used to Owner for review and approval. EXCESS MATERIAL SITE The Contractor shall be responsible for providing a site for the disposal of excess or unsuitable materials, unless specifically noted otherwise in the contract documents. If bituminous material is to be disposed of, the site shall meet the requirements of the Idaho Division of Environmental Quality. All excess material sites shall be approved by the City of Meridian. No separate payment shall be made for the acquisition or operation of the sites, nor for loading, hauling or unloading of the materials to the site. QUALITY ASSURANCE TESTS Materials inspection and testing will be provided by the City and coordinated by the contractor. 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 14 of 35 0 • Re -testing necessitated by the failure of quality assurance testing of materials placed by the Contractor shall be at the Contractor's expense. These costs shall be deducted from progress estimates. CONSTRUCTION STAKING Construction staking to be provided by and paid by contractor. Construction staking shall be considered incidental and no separate payment will be made. ON SITE SUPERVISION The General Contractor shall provide competent on-site supervision during all construction activities, including SUBCONTRACTORS activities. The superintendent shall be identified at the preconstruction conference, and shall at a minimum be on-site from the notice to proceed date to the completion date. If for any reason the superintendent needs to be replaced by the General Contractor, a written notice must be submitted to the City of Meridian within (5) five working days before the event occurs. INFORMATION GIVEN PRIOR TO AWARD Oral explanations, instructions and interpretations given to bidders prior to award of contract will not be binding. It is the City of Meridian's intent to provide all bidders equal opportunity to access and acquire all available pertinent information necessary to formulate a responsive bid. Any information, specifications, plans, data, or interpretations that the City of Meridian discovers is lacking and may be important to all bidders will be furnished in the form of an addenda, the receipt of which shall be acknowledged by the bidder. 8t" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 15 of 35 SPECIAL PROVISIONS I. ITEM 201.4.1.C.1 - REMOVAL OF OBSTRUCTIONS ON PAGE 3 OF SECTION 201 OF THE ISPWC, SUBSECTION 3.1.13.1, delete the entire subsection and add the following: Clearing and grubbing limits shall be within the project area and limited to the locations required to construct the project or as directed by the Engineer. ON PAGE 5 OF SECTION 201 OF THE ISPWC, SUBSECTION 4.1.C, add the following: This item shall include all costs associated with clearing and grubbing. This item shall include all costs associated with the removal and disposal of trees and stumps less than six (6) inches in diameter measured at a point two (2) feet above existing ground. This item also includes installing a new fence post at the end of the remaining fence in those locations where an existing fence is removed. The new post shall be set on the fence line or as directed by the Engineer. All costs associated with backfilling voids created by the removal of pipes, structures, trees, and other items shall be considered incidental and no separate payment will be made. 2. ITEM 206.4.1.1.3 — HAND PLACED RIPRAP ON PAGE 3 OF SECTION 206 OF THE ISPWC, SUBSECTION 2.7.C.1, delete the entire subsection and add the following: Stone to be nearly rectangular with approximately 50% having a volume of at least one (1) cubic foot. Maximum size not to exceed 18" in any direction. 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 16 of 35 0 0 Geotextile fabric shall conform with ISPWC Section 2050 requirements. ON PAGE 7 OF SECTION 206 OF THE ISPWC, SUBSECTION 3.3.C.1, delete the entire subsection and add the following: Place by hand or mechanical methods to the thickness specified or directed on geotextile fabric placed on prepared slopes. ON PAGE 10 OF SECTION 206 OF THE ISPWC, SUBSECTION 4.1.1.4, add the following: This item includes all costs associated with providing and placing geotextile fabric prior to placing riprap. 3. ITEM 307.4.1.A.3 — MISCELLANEOUS SURFACE RESTORATION (SOD) ON PAGE 3 OF SECTION 307 OF THE ISPWC, PART 2 - MATERIALS, add the following: 2.7.1.1.1. SOD A. Topsoil shall be friable, loamy soil reasonably free of refuse, roots and seed of noxious weeds and other material detrimental to vegetative growth. B. Fertilizers shall comply with the following chemical analysis: 15% to 20% Nitrogen (N) 20% to 25% Phosphoric Acid P205 2% to 10% Potash K20 C. Sod shall consist of either Blue grass, Princeton #105, Midnight, Quantum Leap, Rye Grass, SR 4200, Calypso 2,; with a 70% blue grass, 30% rye grass blend (or approved equal by the City of Meridian Parks and Recreation Department)suitable for the area to be sodded. ON PAGE 4 OF SECTION 307 OF THE ISPWC, SUBSECTION 3.5, add the following: 8t" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 17 of 35 0 • C. Sod construction shall take place only on those disturbed areas, which currently have established lawns, or as shown on the project plans. A minimum of four (4) inches of topsoil shall be placed in sod areas. The sod areas shall be tilled to a minimum depth of six (6) inches by such means as will loosen the soil and bring it to condition suitable for fine grading. Prior to and during the operation, the surface shall be made free of vegetative growth. All stones, hard clods, roots, sticks, debris, and other matter encountered during tilling which are detrimental to the preparation of a good seed bed, or which is toxic to the growth of grass, shall be removed from the area and wasted as directed. The area shall be floated and rolled to bring it to the finished grade. All irregularities in the surface that form pockets where water will stand shall be smoothed out to provide good drainage. The finished grade of sod areas adjacent to walks, curbs, driveways, and pavements shall be approximately one (1) inch below adjacent grades. Fertilizers shall be spread evenly over the cultivated areas at a rate of four (4) pounds per 1000 square feet and shall be uniformly incorporated into the upper three (3) inches of the soil, after which the areas shall be worked as necessary to provide a smooth, firm but friable lawn bed at the established grades. Sod shall be placed in straight strips. The joints between strips shall be butted together, tight and without gaps. The sod shall be rolled with a 100 pound roller after placement. The surface of the finished sod shall be smooth and uniform. The Contractor shall be responsible for maintaining, protecting, and watering sod areas until the sod is fully established. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A, delete the first paragraph and add the following: This item shall be paid for by the square yard of area restored. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A.4, delete the entire subsection and add the following: 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 18 of 35 Payment for this item will be made under. 307.4.1.A.3 — Miscellaneous Surface Restoration (Sod) - Per Square Yard 4. ITEM 307.4.1.A.5 — MISCELLANEOUS SURFACE RESTORATION (PASTURE) ON PAGE 3 OF SECTION 307 OF THE ISPWC, PART 2 - MATERIALS, add the following: 2.8.1.1.1. PASTURE A. Topsoil shall be friable, loamy soil reasonably free of refuse, roots and seed of noxious weeds and other material detrimental to vegetative growth. B. The pasture grass mix shall be "Northwest Blend" available at Zamaow's, or approved equal. ON PAGE 4 OF SECTION 307 OF THE ISPWC, SUBSECTION 3.5, add the following: D. All areas disturbed by construction activities shall be seeded with pasture seed unless noted otherwise or as directed by the Engineer. Areas disturbed by construction activities that are adjacent to existing lawn shall be repaired with sod as specified in Item 307.4.1.A.3. A minimum of four (4) inches of topsoil shall be placed in pasture seed areas. The pasture seed areas shall be tilled to a minimum depth of six (6) inches by such means as will loosen the soil and bring it to condition suitable for fine grading. Prior to and during the operation, the surface shall be made free of vegetative growth. All stones, hard clods, roots, sticks, debris, and other matter encountered during tilling which are detrimental to the preparation of a good seed bed, or which is toxic to the growth of pasture grass, shall be removed from the area and wasted as directed. All irregularities in the surface that form pockets where water will stand shall be smoothed out to provide good drainage. The finished grade of pasture seed areas adjacent to walks, curbs, driveways, and pavements shall approximately match adjacent grades. 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 19 of 35 The seed mix shall be applied by a hydro -seeder at a minimum coverage rate of one (1) pound per 20 square yards (250 pounds/acre). Seed shall be applied between September 15 and September 30, or as directed by the Engineer. Seed shall not be applied when the soil is too wet or dry, frozen, or otherwise untillable. Fertilizer shall be applied at the time of seeding at the rate of 10 pounds of Nitrogen (N) per acre and 15 pounds of Phosphorus per acre. Fertilizer shall not be mixed in with the seed in the hydro - seeder. At no time after the seed is in place, shall trucks or equipment be driven on the area. The Contractor is responsible for maintaining, protecting, and watering seeded areas during establishment of the pasture grass. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A, delete the first paragraph and add the following: This item shall be paid for by the square yard of area restored. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A.6, delete the entire subsection and add the following: Payment for this item will be made under: 307.4.1.A.5 — Miscellaneous Surface Restoration (Pasture) - Per Square Yard 8t" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 20 of 35 5. SP -700 — CONCRETE BOX CULVERTS AND ASSOCIATED PRECAST MEMBERS General: This item shall include all design, equipment, materials, labor, tools and incidentals associated with the supply of the concrete box culverts and associated precast members for the pedestrian bridge. Materials• The Contractor will provide all precast materials, including the culvert, wing walls, and cutoff walls meeting the following requirements: a. DESIGN LOADINGS i. AASHTO HS -20-44, ASTM -1433 ii. SOIL WEIGHT =120 PCF iii. DEPTH OF OVERBURDEN 0.0' MIN, 2.0' MAX iv. ASSUMED WATER TABLE: BELOW FINISH GRADE v. EQUIV. FLUID PRESSURE = 40 PCF. vi. 80 PSF LATERAL LIVE LOAD SURCHARGE b. CONCRETE 28 DAY COMPRESSIVE STRENGTH SHALL BE 5,000 PSI (MIN). c. STEEL REINFORCEMENT: REBAR, ASTM A-615 GRADE 60. The supplier of the precast materials must provide 4 copies of stamped engineering submittals (with calculations) for review and approval by the City of Meridian. The supplier of the precast materials must be a NPCA certified plant. The Contractor shall be responsible for all other materials necessary to deliver the precast materials. Measurement and Payment: Payment for this item will be made as a Lump Sum and shall include all labor and materials (except as identified herein), required to supply and deliver the box culvert, wing walls, and cutoff walls to the site. Payment for this item will be made under: SP -700 — Concrete Box Culvert and Associated Precast Members — Lump Sum 6. SP -700.1 — CONCRETE BOX CULVERTS AND ASSOCIATED PRECAST 8t" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 21 of 35 MEMBERS INSTALLATION General: This item shall include all equipment, materials, labor, tools and incidentals associated with the preparation and installation of the concrete box culverts and associated precast members for the pedestrian bridge. The Contractor shall be responsible for completing all work in conformance with Nampa -Meridian Irrigation District, project permit(s) and City of Meridian requirements. The Contractor shall coordinate all construction activities with the Nampa -Meridian Irrigation District and the City of Meridian at least seven (7) days in advance of work within Five Mile Creek. This item also includes all costs associated with providing and installing the bedding material, Type I aggregate backfill, excavation, and compaction. Backfill to the finished grade as shown on the project plans shall be included in this item. Materials: The Contractor will provide all equipment, materials, labor, tools and incidentals associated with the installation of the bridge including but not limited to bedding and backfill. Workmanship: The Contractor shall access the culvert location through the park property from West Chateau Avenue. The Contractor shall be responsible for repairing berms, sod, sprinklers, fencing, and other miscellaneous items damaged or removed to accommodate the Contractor's access to the site. Costs associated with repairing these areas shall be considered incidental to other items of work and no additional payment will be made. Measurement and Payment: Payment for this item will be made as a Lump Sum and shall include all labor and materials (except as identified herein), including excavation and backfill, required to install the box culvert, wing walls, and cutoff walls. Payment for this item will be made under: 8t" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 22 of 35 SP -700.1 — Concrete Box Culvert Installation — Lump Sum 7. SP -801 - PEDESTRIAN PATHWAY (Preparation) General: This item shall include all costs associated with the construction of the pedestrian pathway (excluding asphalt) from the existing asphalt pathway on the north side of Five Mile Creek to the existing chain link fence on the south side of Five Mile Creek. Asphalt is not included in this project. This item shall include all equipment, materials, labor, tools and incidentals required to prepare new pathway (excluding asphalt) to top of aggregate base from the existing asphalt pathway on the north side of Five Mile Creek to the existing chain link fence on the south side of the Five Mile Creek. Materials: The aggregate base shall conform to Type I crushed aggregate. Subgrade separation geotextile fabric shall conform to ISPWC Section 2050 requirements. Asphalt is not included in this project. Measurement and Payment: Pedestrian Pathway (preparation) areas shall be measured per square yard of surface area constructed and shall include excavation, Type I crashed aggregate base, and geotextile fabric. Asphalt is not included in this project. Payment for this item will be made under: SP -801 - Pedestrian Pathway (Preparation) - Per Square Yard 6. SP -1004.4.1.F.1 —TEMPORARY COFFERDAM General: 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 23 of 35 This item shall consist of constructing temporary cofferdams in Five Mile Creek upstream and downstream of the new box culvert installation. The intent of the cofferdam is to allow irrigation and drainage flows to bypass the construction area through the use of pumping or other acceptable methods. Construction of the cofferdams shall conform to all local, state, and federal permit requirements, including the US Army Corps of Engineers Section 404 permit. Materials: Sandbags, plastic sheeting, planking, and other acceptable BMP materials may be used to construct the cofferdam. Earth dams and fill are not acceptable without prior approval from the Engineer. The Contractor shall be responsible for selecting durable materials that will not breach and allow water to flow into the construction area. Pumps and pipes used to bypass flows shall be sized adequately to transmit flows without causing adverse impacts upstream of the cofferdam. Workmanship: The Contractor's construction methods shall minimize disturbance to the existing ditch. The Contractor shall work in a manner to ensure sediments created during construction are contained in the project site. The Contractor shall inspect the cofferdam regularly and after every storm. The Contractor shall also make any repairs necessary to ensure the cofferdam is in good working order. Flows retained by the cofferdam and bypassed through the construction site shall be free of turbidity and not degrade downstream receiving waters. Measurement and Payment: Payment for this item will be made under: SP -1004.4.1.F.1 — Temporary Cofferdam — Per Each 8t" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 24 of 35 7. SP -2000 — MISCELLANEOUS SPRINKLER REPAIR General: This item shall consist of repairing/modifying existing sprinkler systems at the locations shown on the plans or as directed by the Engineer. This item includes removing, adjusting, and relocating heads, valves, lines, and control wires. This item also includes cutting or capping lines and supplementing existing systems with additional materials as required. Materials: All materials necessary to repair/modify sprinklers shall be equal in quality or better than existing materials. Workmanship: The Contractor shall document the locations of existing sprinkler systems within the construction zone. Documentation shall include, but is not limited to, type and location of existing sprinkler heads, pipe lines, controllers, valves, and control wires. Documentation shall be provided to the Engineer prior to demolition of existing sprinkler systems. Costs associated with providing documentation of existing sprinkler systems shall be considered incidental. Repaired/modified sprinklers shall be installed to restore adequate coverage to remaining landscape areas and new sod and seed areas. Overspray onto the roadway and sidewalks will not be allowed. The Contractor shall obtain approval from the City of Meridian prior to allowing overspray onto the new asphalt pathway. The Contractor shall maintain all sprinkler systems outside of the construction zone that are impacted by the Contractor's activities. This may require the Contractor to install. temporary sprinkler main lines around the construction zone. Costs associated with maintaining sprinkler systems shall be considered incidental. Contractor is required to check restoration work with the City of Meridian Parks and Recreation Department when system is operable in the spring before the City will accept the work. 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 25 of 35 Measurement and Payment: Miscellaneous Sprinkler Repair shall be measured by the lump sum for the entire project. Payment for this item will be made under: SP -2000 — Miscellaneous Sprinkler Repair — Lump Sum 8. SP -2040 — DECORATIVE FENCE General: This item shall include all costs associated with providing and installing decorative fence at the locations indicated on the project plans, or as directed by the Engineer. Materials: Fencing shall be Boise River Fence, Inc., Model: Alternate Vista Cap, or approved equal. Fencing shall be painted black or as directed by the City of Meridian. Workmanship: The Contractor shall submit six (6) sets of shop drawings for the decorative fence, including all anchor and foundation details, to the Engineer for approval prior to beginning fabrication. Shop drawings shall also detail the panel picket lengths required to match the pathway grade and maintain a level top rail. 8t" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 26 of 35 Measurement and Payment: Payment for this item will be made under: SP -2040 — Decorative Fence — Per Linear Foot 9. SP -2045 — CHAIN LINK FENCE General: This item shall include all costs associated with providing and installing chain link fence at the location indicated on the project plans, or as directed by the Engineer. Materials: Fencing shall be chain link and shall conform to Section 2040 of the ISPWC. Fencing shall match the existing adjacent fence and include barbed wire. Workmanship: Workmanship shall conform to Section 2040 of the ISPWC. Measurement and Payment: Payment for this item will be made under: SP -2045 — Chain Link Fence — Per Linear Foot 11. SP -1000 - SWPPP GENERAL Contractor will be responsible for final stabilization. 8t" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 27 of 35 0 Water pollution control work shall conform to the provisions in the latest edition of the City of Meridian Construction Storm Water Management Plan (CSWMP). The Contractor shall perform water pollution control work in conformance with the requirements in the Construction General Permit (CGP) and its addenda in effect on the day Notice of Award is dated. The CGP and other references for performing water pollution control work are available from the Environmental Protection Agency's (EPA) web site at: http://www.epa.-ciov/ebtpa-c3 atestormwater html STORM WATER POLLUTION PREVENTION PLAN The Contractor shall submit a Storm Water Pollution Prevention Plan (SWPPP) to the Project Manager for approval. The SWPPP must follow the formatting of the latest EPA SWPPP Template and must be site specific. The SWPPP shall conform to the requirements in the CGP. The SWPPP shall include water pollution control practices: A. For storm water and non -storm water from areas within and outside of the job site related to construction activities for this contract such as: 1. Staging areas. 2. Storage yards. 3. Access roads. 4. Disturbed areas. The SWPPP shall include a schedule that: A. Describes when work activities that could cause water pollution will be performed. B. Identifies soil stabilization and sediment control practices for disturbed soil area. C. Includes dates when these practices will be complete. 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 28 of 35 0 The SWPPP shall include temporary water pollution control practices and their associated contract items of work as shown on the plans or specified in these special provisions. Within 20 days after contract approval, the Contractor shall submit one copy of the SWPPP to the City. The Contractor shall allow 10 days for the City's review. If revisions are required, the City will provide comments and specify the date that the review stopped. The Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the City's comments. The City's review will resume when the complete SWPPP is resubmitted. When the City approves the SWPPP, the Contractor shall submit four copies of the approved SWPPP to the City. Upon completion of an initial project SWPPP that is approved by the City, the City and the Contractor shall submit separate Notices of Intent to EPA Region 10. The Contractor shall not perform work that may cause water pollution until the SWPPP has been approved by.the City, both the Contractor and the City meet the 7 -day waiting period after filing separate NOls, and a preconstruction SWPPP inspection with the Contractor and City has been conducted. The City's review and approval shall not waive any contract requirements and shall not relieve the Contractor from complying with Federal, State and local laws, regulations, and requirements. The Contractor shall amend the SWPPP as required throughout the project to meet site requirements.. If there is a change in construction schedule or activities, the Contractor shall prepare an amendment to the SWPPP to identify additional or revised water pollution control practices. The Contractor shall submit the amendment to the City for review within a time agreed to by the City not to exceed the number of days specified for the initial submittal of the SWPPP. The City will review the amendment within the same time allotted for the review of the initial submittal of the SWPPP. If directed by the City or requested in writing by the Contractor and approved by the City, changes to the water pollution control work specified in these special provisions will be allowed. Changes may include addition of new water pollution control practices. The Contractor shall incorporate these changes in the SWPPP. The Contractor shall keep a copy of the approved SWPPP at the job site. The SWPPP shall be made available when requested by a representative of the EPA; a state, tribal or local agency approving sediment and erosion plans, grading plans, or storm water management plans; local government officials; the operator of a municipal separate storm sewer receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service or the National Marine 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 29 of 35 • Fisheries Service to the requestor. Requests from the public shall be directed to the City. IMPLEMENTATION REQUIREMENTS The Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered by the City. The Contractor shall provide qualified personnel with applicable training certification to draft SWPPP, conduct and record inspections, and to meet other permit requirements. A qualified preparer of the SWPPP shall either be certified through the International Erosion Control Association as a Certified Professional in Erosion and Sediment Control or Certified Professional in Stormwater Quality; or have completed a minimum 4 -hour stormwater Resident Engineer or SWPPP preparation training in the past 12 -months through the Owner, Idaho Transportation Department, or other government agency. A copy of the certification shall be provided in the SWPPP. At a minimum, the Owner and the Contractor shall sign and certify the SWPPP and all associated stormwater management documentation in accordance with the CGP. If the ranking corporate officer does not sign the SWPPP and all associated stormwater management documentation, then they must be signed by a duly authorized person so designated by the Contractor in a formal letter on corporate letterhead. If the Contractor or the City identifies a deficiency in the implementation of the approved SWPPP, the deficiency shall be corrected immediately, unless an agreed date for correction is approved in writing by the City. The deficiency shall be corrected before the onset of precipitation. If the Contractor fails to correct the deficiency by the agreed date or before the onset of precipitation, the City may correct the deficiency and deduct the cost of correcting deficiencies from payments. If the Contractor fails to conform to the provisions of this section, 'Water Pollution Control," the City Inspector or Project Manager may order the suspension of work (at Contractor's expense) until the project complieswith the requirements of this section. The Contractor shall construct water pollution control items identified in the SWPPP. The Contractor shall maintain the water pollution control items until the City has accepted the project and the Contractor has filed an NOT with the EPA. The Contractor can only file an NOT after receiving authorization to do so by the City. 8r" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 30 of 35 • Year -Round The Contractor shall monitor the National Weather Service weather forecast on a daily basis during the contract. The Contractor may use an alternative weather forecasting service if approved by the Project Manager. Appropriate water pollution control practices shall be in place before precipitation. The Contractor may discontinue earthwork operations for a disturbed area for up to 14 days and the disturbed soil area will still be considered active. When earthwork operations in the disturbed area have been completed, the Contractor shall implement appropriate water pollution control practices within 14 days, or before predicted precipitation, whichever occurs first. INSPECTION AND MAINTENANCE Weekly storm water management inspections will be conducted on City Public Works construction projects. The Contractor and the City will perform weekly storm water management inspections together. The City's SWPPP Construction Inspection Form will be completed, including signatures, during the weekly storm water management inspection. The Contractor shall inspect the water pollution control practices identified in the SWPPP as follows: A. Before a forecasted storm, B. After precipitation that causes site runoff, C. At 24-hour intervals during extended precipitation, D. On a predetermined schedule, a minimum of once a week The Contractor shall oversee the maintenance of the water pollution control practices. If the Contractor identifies discharges into surface waters or drainage systems causing or potentially causing pollution, or if the project receives a written notice 8t�' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 31 of 35 0 0 or order from a regulatory agency, the Contractor shall immediately inform the City Inspector and Project Manager. The Contractor shall submit a written report to the Project Manager within 7 days of the discharge, notice or order. The report shall include the following information: A. The date, time, location, and nature of the operation, type of discharge and quantity, and the cause of the notice or order. B. The water pollution control practices used before the discharge, or before receiving the notice or order. C. The date of placement and type of additional or altered water pollution control practices placed after the discharge, or after receiving the notice or order. D. A maintenance schedule for affected water pollution control practices. PROJECT COMPLETION The City may authorize the Contractor from further storm water management obligations once the Public Works construction is completed. Contractor must submit a completed "Contractor Request to File Project Notice of Termination" for City review. The Contractor Request to File Project Notice of Termination is included in Appendix F of the City's CSWMP. Upon completion of construction, the Contractor may submit their NOT thereby shifting responsibility for final stabilization to the City. The NOT serves as notification that construction activities with a potential to release pollutants are complete and that the construction site is stabilized in accordance with the provisions of the CGP. END OF PROJECT DOCUMENTATION Before the City accepts the project and before final payment, contractor must supply the City with a copies of all storm water management documentation associated with the project including the SWPPP, completed inspection forms and any other documentation to meet the requirements of the CGP. The copies must be in color, hole punched and inserted into a hard cover three ring binder, and must follow the formatting of the EPA SWPPP template. PAYMENT 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 32 of 35 During each estimate period the Contractor fails to conform to the provisions in this section, "Water Pollution Control," or fails to implement water pollution control practices the City may withhold payment. The contract lump sum price presented in the schedule of values for preparing and implementing the storm water pollution prevention plan shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in preparing, obtaining approval of, and amending the SWPPP, as specified in the Standard Specifications and these special provisions, and as directed by the City or City's Duly Authorized Representative. The contract lump sum price is a fixed price and any changes to the project for additional storm water pollution prevention to comply with the CGP after the start of construction will be at the Contractor's expense. Payments for storm water pollution prevention will be made as follows: A. Upon City approval of the SWPPP and a preconstruction SWPPP Inspection with a Project Compliance rating of 1, 50 percent of the contract item price for storm water pollution prevention may be included in Contractors progress payment request. B. Upon City acceptance of the project, the remaining 50 percent of the contract item price for storm water pollution prevention may be included in Contractors progress payment request. Implementation of water pollution control practices in areas outside the project limits not specifically provided for in the SWPPP or in these special provisions will not be paid for. CLARIFICATION OF PLANS/DRAWINGS The construction zone for Phase 1 will be. from the existing asphalt pathway on the north side of Fivemile Creek to the existing chain link fence on the south side of the Fivemile Creek. Temporary construction entrance and access will be from W. Chateau Ave. Bid Item Miscellaneous Surface Restoration (Pasture and Sod) and Bid Item Miscellaneous Sprinkler Repair shall be limited to these areas only. Sheet 2 of 4 has an ASPHALT PEDESTRIAN PATHWAY detail. This project (Phase 1) does not include the 3" Class "C" asphalt paving. Contractor shall construct everything in the detail (except for the asphalt) at the appropriate elevation in preparation for the future asphalt paving (not included in this project). 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 33 of 35 0 0 Sheet 3 of 4 has a call out "SEE SHEET 4 FOR BOX CULVERT PLANS (PRECAST MATERIALS PROVIDED BY CITY OF MERIDIAN)" The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 3 of 4 under GENERAL NOTES, note 2 states "This project includes all necessary labor and materials to construct the project with the exception of the box culvert, wingwalls, and cutoff walls (Materials only, provided by the City of Meridian). The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 4 of 4 under GENERAL NOTES, note 2 states "This project includes all necessary labor and materials to construct the project with the exception of the box culvert, wingwalls, and cutoff walls (Materials only, provided by the City of Meridian). The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PKS-09-002, are by this reference made a part hereof. 8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 34 of 35 • Attachment B 0 MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $64,166.92 Item No. Item Description Estimated Unit Unit Price Item Total 201.4.1.C.1 Removal of Obstructions Quantity 1 LS $370.00 $370.00 206.4.1.1.3 Hand Placed Ri ra 30 CY $ 26.50 $795.00 307.4.1.A.3 Miscellaneous Surface Restoration Sod 1 LS $845.00 $845.00 307.4.1.A.5 Miscellaneous Surface Restoration Pasture 200 Sy- $ 3.43 $686.00 2010.4.1.A.1 Mobilization 1 LS $2,300.00 $2,300.00 SP -700 Concrete Box Culverts and Associated Precast Members 1 LS $42,612.00 $42,612.00 SP -700.1 Concrete Box Culvert Installation 1 LS $7,230.60 $7,230.60 SP -801 Pedestrian Pathwa (Preparation) 1 LS $1,870.60 $1,870.60 SP -1004.4.1.F.1 Temporary Cofferdam 2 EA $1,150.00 $2,300.00 SP -2000 Miscellaneous Sprinkler Repair 1 LS $ 310.00 $ 310.00 SP -2040 Decorative Fence 84 LF $27.33 $2,295.72 SP -2045 I Chain Link Fence 10 I LF $ 54.70 $547.00 SP -1000 SWPPP 1 LS $2,005.00 $2,005.00 TOTAL $64,166.92 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 35 of 35 • January 2, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT Planning Department ITEM NO. 7-A-1 REQUEST Update on ACHD Five Year Work Plan AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached 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 Cly of Meridian. LI December 30, 2008 MEMORANDUM TO: Mayor Tammy de Weerd & City Council FROM: Caleb Hood RE: Update on FYWP Draft A January 6a', 2009 City Council Agenda Item 0 Last month ACHD released Draft A of the Five Year Work Plan (FYWP) update for FYI 0- 14 for agency review. Due to funding woes at ACHD, several projects Countywide have been delayed. There is not a lot that Staff can do about that, but we can try to keep the City's highest priority projects moving forward. The projects that jumped out that Staff believes we should petition the ACHD to keep moving forward and/or should be considered for different construction timelines are: 1. Eagle, Victory to Ridenbaugh Canal: This project has been delayed in previous years and in Draft A is planned to be delayed again. This improvement was anticipated before the opening of Fire Station #4 on Eagle Road, and is still not complete. Our EMS providers have difficulty maneuvering in this area due to the substandard roadway improvements, creating a safety hazard. This roadway and intersection project is in the current FYWP (2009-20013) for construction in 2010. Draft A of the 2010-2014 FYWP has it slipping to construction in 2011. This was the City's number two overall priority sent to ACHD. Staff will insist that this project be constructed in 2010 (or sooner), and if necessary that ACHD use some of its anticipated revenues from the new vehicle registration fees to make sure that it is not delayed again. 2. Ten Mile, Cherry to Ustick: This project is programmed for professional services and right-of-way in 2011 and construction in 2013. Draft A identifies a split construction year between 2013 and 2014, with the Cherry/Ustick intersection occurring first (2013). Similar to Ten Mile, Franklin to Cherry, which is still planned for construction in 2010, it would be ideal to have these improvements in by the time the interchange opens. We asked for this consideration last year at this time and no changes were made. We will explore the option of taking some of the money that is programmed for the Ten Mile/Amity Intersection (see #4 below) and Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org Page 2 redirecting it to this project. This was the City's number seven roadway priority project this year and ranks 21t on ACHD's prioritization list. 3. Downtown Split'Corridor Phase 2: This is the City's number three roadway priority project and has slipped in ACHD's priority ranking from last year to number six this year. In the adopted FYWP construction is planned for 2012. In Draft A, construction is now split between 2012 and 2013 with no funds planned for expenditure on this project in FY 2010 in Draft A. The right-of-way cost estimates in Draft A have significantly increased from the adopted FYWP, which may be one reason it is falling in priority with ACRD. But this project is not going to get cheaper to build over time, it will get more expensive the longer it is delayed. To fully realize reinvestment and economic development in downtown, the construction of this project is paramount. Staff believes that this project should be actively worked on for design, right-of-way acquisition and for construction ASAP. Staff will again explore the option of taking some of the money that is programmed for the Ten Mile/Amity Intersection (see #4 below) and redirecting it to this project. 4. Ten Mile/Amity Intersection: This intersection is planned for a single -lane roundabout to be constructed in 2011 in the adopted FYWP. This project was not prioritized at all by the City. Besides the fact that it is not a priority to the City, its planned construction timeline does not correspond to the potential expedited construction schedule of the Ten Mile Interchange — this project is planned to begin AFTER the Interchange opens. Staff will explore options of taking the design, right-of-way and construction dollars away from this project to reallocate to project(s) that are a priority to the City (Ten Mile, Cherry to Ustick and/or Split Corridor Phase 2). Some of the other projects of note, that are "slipping" in Draft A are: 1) Fairview Avenue Corridor (Linder to Curtis), which has various priority rankings by the City. Due to other priorities, Fairview has slipped from various construction years to be classified as OF (unfunded) in Draft A; 2) Franklin, Black Cat to Ten Mile, this project is programmed as PD in the adopted FYWP. It slips to OF (unfunded) in Draft A — it should be getting some money for design this year; and, 3) Ustick, Meridian to Locust Grove, the City's number 39 priority. This project is currently unfunded in the adopted FYWP and should be moving into PD in Draft A. This project is still shown in Draft A as OF (unfunded). NOTE: A status list of where Meridian's highest profile projects stand in Draft A, compared to previous adopted FYWPs is attached. Now for the good news: construction costs seem to be coming down — some of ACHD's recent bids came in considerably under engineering estimates (Split Corridor Phase 1 was about $1 million under estimate.) It is not certain whether this is a brief hiccup or a long- term trend, but additional funds may be available as a result. Besides the construction of Split Corridor Phase 1, which was the City's number one priority this year and is planned for construction to begin in early 2009, the following projects still seem to be on track: 1) Linder/Ustick Intersection, the City's priority number three. Construction should be complete by the end of 2009; 2) Ten Mile, Franklin to Cherry, the City's priority number Page 3 11. Construction is scheduled for 2010 in both the adopted FYWP and Draft A — prior to opening of the Ten Mile Interchange; 3) Franklin, Ten Mile to Linder, the City's priority number nine. This project is progressing from PD in the current FYWP to construction in 2014 in Draft A; and, 4) Pine/Linder Intersection, the City's priority number seven. Although 2011 is later than ideal for construction, the planned construction of this project is consistent in both the adopted FYWP and Draft A. This is another project that City Staff will explore the option of using anticipated vehicle registration fees and/or funds programmed for the Ten Mile/Amity Intersection. After reviewing Draft A, the summary sheet of Meridian projects (attached) and this memo, let me know if you would like additional information or would like to discuss further. I will present a department report at your January 6h meeting regarding the FYWP. Page 4 is is fkMillarvLocust Grove (3) 7 2010 2012 2011 2011 $4,215 Rinalinder (2) 3 2008 2010 2011 2011 $3,495 Aft rare ft Ten uwFw&m SH 6WColumbia (R'A) 2010 2010 2010 WA CN mag?r `Star/Ustick (ROA) 14 MA UF PD OF $2464 Ten hu j6 (WA) 20 2011 2010 2011 2011 $1,701 • January 2, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Public Hearing — Gallery Maintenance Fee • January 6, 2009 ITEM NO. 9 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. E IDIAN DATE: December 17, 2008 FROM: Emily Kane, Deputy City Attorneyvvll RE: Gallery Maintenance Fee Overview of fee Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba On November 13, 2008 the Meridian Arts Commission voted unanimously to recommend that the Meridian City Council institute a $35.00 Gallery Maintenance Fee, to be collected from artists or organizations responding to the Call for Artists for the 2009 Initial Point Gallery Series. On November 18, 2008, the Meridian City Council adopted this recommendation. A public hearing regarding the proposed fee is scheduled at the Meridian City Council's regular meeting on Tuesday, January 6, 2009, at 7:00 p.m., at 33 E. Broadway St., Meridian, Idaho. Pursuant to Idaho Code § 63-1311 A, notice of the City's intent to charge the fee will be published in the Valley Times on December 22, 2008 and December 29, 2008. Costs iustifyins fee Idaho Code § 63 -13 11 authorizes the City to collect a fee for a service that would otherwise be funded by tax revenues; that statute also provides that fees collected are to be reasonably related to the actual cost of such service. The annual operation and maintenance costs of Initial Point Gallery total approximately $6,713.67. The cost of the hanging hardware and seating installed in the gallery was approximately $5,687.50. The $35.00 fee is intended to recoup these actual costs, whether partially or fully, and will be reevaluated in 2010 to ensure that such amount remains reasonably related to the cost of maintaining the gallery and its appurtenances. City Attorney . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-898-5506 . Fax 208-884-8723 . www.meridiancity.org • CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE January 6, 2009 ITEM # PROJECT NUMBER PROJECT NAME Gallery Maintenance Fee 7 PLEASE PRINT NAME FOR AGAINST NEUTRAL n January 2, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Resolution — Gallery Maintenance Fee • January 6, 2009 ITEM NO. 10 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 CITY OF MERIDIAN RESOLUTION NO. J9 `— 6 113 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING THE PROPOSED GALLERY MAINTENANCE FEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code § 63-1311(1), the Meridian City Council may cause to be collected fees for services provided which would otherwise be funded by property tax revenues; WHEREAS, the operation and maintenance of Initial Point Gallery is a service provided which would otherwise be funded by property tax revenues; WHEREAS, $35.00 is an amount reasonably related to, and does not exceed, the actual cost of such service provided; WHEREAS, pursuant to Idaho Code § 63-1311A, the City advertised in the Valley Times notice of a public hearing set before Meridian City Council on January 6, 2009 regarding the proposed Gallery Maintenance Fee; fee; WHEREAS, on January 6, 2009, the City Council held such public hearing; and WHEREAS, after such public hearing, the City Council, by formal motion, did approve such NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a Gallery Maintenance Fee in the amount of $35.00 is hereby adopted. Section 2. That the City Clerk is hereby authorized to implement and carry out the collection of said fees on behalf of the Meridian Arts Commission. - Section 3. That this Resolution shall be in full force and effect on January 7, 2009. ADOPTED by the City Council of the City of Meridian, Idaho thisLO'--day of January, 2009. APPROVED by the Mayor of the City of Meridian, Idaho this l-0 -14-day of January, 2009. APPROVED: Ou t t d e d, Mayor �. ATTEST: SEAL Jaycee Blman, City Clerk r isl '�� RESOLUTION ADOPTING GALLERY M'AA*Z�j� • PAGE 1 OF 1 �i�htrttt II00 January 2, 2009 FP 08-019 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT David J. and Luane I. Dean ITEM NO. REQUEST Final Plat approval for 5 commercial building lots and 5 common area lots on 6.35 acres in a C -C zoning district for Three Corners Subdivision No. 2 - 6380 N. Locust Grove 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: Date: Phone: Emailed: Staff Initials: COMMENTS See attached Staff Report A P P ro V(�, No Comments See attached Comments See attached Comments Materials presented at public meetings shall become property of the City of Meridian. 0 C� January 2, 2009 RZ 08-007 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT Eaale SDrinas Investments, LLC ITEM NO. 12 REQUEST Public Hearing -- Request for a Rezone of 5.91 acres from R-8 to R-15 zones for Windham Place -- east side of North Meridian Road, East of Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: COMMENTS See attached P&Z Item Packet & Minutes See attached Letter CITY FIRE DEPT: CITY BUILDING DEPT: WtsL CITY WATER DEPT: CITY SEWER DEPT: Appmvaj 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 Affidavit of Posting Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. C1 January 2, 2009 MFP 08-007 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT Eagle Spring Investments, LLC ITEM NO. 13 REQUEST Final Plat Modification to modify note #4 by removing the zero lot line and modifying note # 10 by removing the requirement for attached houses from the recorded plat for Windham Place - east side of N. Meridian Rd, approx. 1/2 mile of E. Ustick Rd 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: Letter from Appliant APP -C)\/ -C - Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • 0 January 2, 2009 VAC 08-006 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT Horrocks Engineering ITEM NO. 14 REQUEST Public Hearing - Vacation of the public utility easement platted on Lots 7-8, Block 3 of Gardner -Ahlquist Gateway Subdivison No. 2 - east side of Eagle Road approximately 1/4 mile south of Franklin Road 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 Staff Report Air-w-jr-ovz- fk- Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. January 2, 2009 AZ 08-012 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT Landmark Engineering & Planning, Inc. ITEM NO. 15 REQUEST Public Hearing -- Request for Annexation and Zoning of 5.03 acres of land from RUT to an R-4 zone for Shays Cove -- 3155 South Mesa Way AGENCY COMMENTS CITY CLERK: See attached PBZ Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations CITY ATTORNEY CITY POLICE DEPT: -�r �- CITY FIRE DEPT: 1 ► e arT ' J U CITY BUILDING DEPT: CITY WATER DEPT: � `�\ � I CITY SEWER DEPT: Ppj 6 /uj 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. January 2, 2009 PP 08-009 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT Landmark Engineering & Planning, Inc. ITEM NO. 16 REQUEST Public Hearing -- Request for Preliminary Plat approval of 8 single-family residential building lots and 3 common lots on 4.45 acres in a proposed R-4 zone for Shays Cove -- 3155 South Mesa Way 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 P&Z Item Packet / Minutes See attached Recommendations P"r FinAul-l-r -6 Rpp(6 v-oJ Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. January 2, 2009 RZ 08-008 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT Eastern Washington - Idaho Synod of ELCA ITEM NO. 17 REQUEST Public Hearing -- Request for a Rezone of 12.76 acres from TN -R to TN -C zones for Beacon at Southridge -- south of Overland Road and west of Linder Rd. 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: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations MERIDIAN POST OFFICE: OTHER: Affidavit of Posting & Response to Staff Report Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • 0 January 2, 2009 AP 08-007 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT Doug Tamura ITEM NO. 18 REQUEST Public Hearing - City Council Review of the Planning and Zoning Commission's action regarding the conditions of approval for Fairview Lakes Retail (MCU 08-002) - 950 E. Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: U 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: See attached Letter from Applicant Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • January 2, 2009 CPA 08-011 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT Meridian Planning Department ITEM NO. 19 REQUEST Public Hearing -- Request to amend the Comprehensive Plan by adding the Design Manual as an addendum for Design Review 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 See attached P&Z Item Packet / Minutes See attached Recommendations Materials presented at public meetings shall become property of the City of Meridian. 0 0 January. 2, 2009 ZOA 08-002 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT Meridian Planning Department ITEM NO. 20 REQUEST Public Hearing -- Request to Amend & add to current provisions of the UDC relating to adoption of a new administrative design review process & associated implementation procedures for Design Review 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: 0 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 P&Z Item Packet / Minutes See attached Recommendations k,n,(,6 v -L, 0 0 January 2, 2009 AZ 08-004 MERIDIAN CITY COUNCIL MEETING January 6, 2009 APPLICANT Norpac, LLC ITEM NO. 21 REQUEST Ordinance -- Request for Annexation and Zoning of 318.74 acres from RUT to R-4, R-8 and R-15 zones for Oakcreek 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 affached Ordinance /IV Contacted: �Cjj UcW4 Date: I- S Phone: Emailed: M- loe —* Staff initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 15 BOISE IDAHO 01/09/09 09:26 AM DEPUTY Danielle BouleOe II I I I II II I II I II I II I I II II I II I II i l l III RECORDED -REQUEST OF Meridian 1109002090City CITY OF MERIDIAN ORDINANCE NO. 09-1393 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 08-004 THE OAKS SUBDIVISION) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN THE NE % OF THE NE % AND THE NW 4 OF THE NW 1/ OF SECTION 33, THE S % OF THE NE 1/ AND THE S % OF SECTION 28, ALL LOCATED IN 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 OFMERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS TO R4 (LOW DENSITY RESIDENTIAL DISTRICT), R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) AND R-15 (MEDIUM-HIGH 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: Norpac, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned R-4 (Low Density Residential District), R-8 (Medium Density Residential District) and R-15 (Medium- high 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. ANNEXATION - AZ 08-004 THE OAKS SUBDIVISION Page 1 of 3 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. 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 10* day of j , 2009. APPROVEDB YTHE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this dayof 2009. 0%Jl1tiff I1f! JJ 0ERD ATTEST: ? Ado [Ay,� SINAL Ci JAYC . HOLMAN, CTTI�. r tai • �P�2®, i,JejJ//JIrQ' ANNEXATION — AZ 08-004 THE OX" SUBDIVISION Page 2 of 3 STATE OF IDAHO, ) : ) ss. County of Ada ) On this LO 'hda of Y 6 , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared TAUMY 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. (SEAL) y, 0 T.4 t f � � 0s ®moo ' P. 9 ®`� P. RESIDING AT: MY COMMISSION EXPIRES: / ANNEXATION — AZ 08-004 THE OAKS SUBDIVISION Page 3 of 3 Legal Description -: i-: I �' Mro DESCRIPTION FOR ANNEXATION OAK CREEK SUBDIVISION 45C Ea�[`t:ater,_ner St l xrC '; Me-r&an, Icaho F364: Phone (208) 946-8570 Fax (268) 884 5394 December 13, 2007 A parcel of land located in the NE'/ of the NE 1/4 and the NW 1/4 of the NW'/ of Section 33, the S'/2 of the NE 1/4 and the S %2 Of Section 28, all located in T. 4N., RAW., B.M., Ada County, Idaho more particularly described as follows: Commencing'at the Northeast corner of the said Section 33 from which the East M. corner of said Section 33 bears South 00°27'22" West, 2631.60 feet; thence along the East boundary of said Section 33 South 00027'22" West, 169.00 feet to the REAL POINT OF BEGINNING; thence continuing along said East boundary South 00°27'22" West, 626.39 feet; thence leaving said East boundary line South 89°08'23° West, 246.54 feet; thence South 06°37'22" West, 308.30 feet; thence North 89°30'26" West, 1038.40 feet to a point on the West boundary line of the NE'/ of the NE'/ of said Section 33; thence along said West boundary line North 00°28'25" East, 1113.00 feet to the El /16 comer of said Section 33; thence along the north boundary line said Section 33 North 89'16'45" West, 1317.68 feet to the N 'I corner of said Section 33; thence along said North boundary tine North 89°'16'49" West, 1317.62 feet to the W 1/16 corner of said Section 33; thence along the East boundary line of the NW '/ of the NW '/< of said Section 33 South 00°31'02" West, 1316.64 feet to the NW 1/16 comer of said Section 33; - thence along the South boundary line of the NW '/< of the NW '/ of said Section 33 North 89"17'19" West, 89.91 feet; thence leaving said South boundary line North 76°42'21" West, 1259.37 feet to a point on the West boundary of said Section 33; thence along said West boundary line North 00°32'39" East, 1042.47 feet to the northwest comer of Section 33; thence along the West boundary line of said Section 28 North G1 °00'42" East, 1315.38 feet to the S 1116 comer of said Section 28; thence along the North boundary line of the SW '/ of the SW '/< of said Section 33 South 89018'59" East, 450.00 feet; thence leaving said North boundary line North 01'00'42" East, 774.71 feet; thence North 89'21'17" West, 450.00 feet to a point on the West boundary said Section 28; thence along said West boundary line North 01 000'42" East, 540.97 feet to the W 'l comer of said Section 28; thence along the North boundary of said SW'/ South 89°21'17" East, 1311.11 feet to the C -W 1/16 corner of said Section 28; thence along the East boundary line of the NW'/ of the SW % of said Section 28 South 00'52'12" West, 16.99 feet; thence leaving said East boundary line South 89°14'34" East, 789.50 feet; thence North 64003'54" East, 27.64 feet; thence South 86°5348" East, 189.53 feet; thence North 89014'51" East, 20.04 feet; thence South 70"27'50" East, 25.64 feet; thence South 81 "00'03" East, 36.69 feet; thence South 88°50'13" East, 85.57 feet; thence South 86014'58" East, 63.62 feet; thence North 89°18'37" East, 45.49 feet; thence South 78007'47" East, 19.68 feet; thence North 53005'44" East, 16.53 feet to a point on the East boundary line of the SW '/ of said Section 28; thence along said East boundary line North 00°43'42" East, 24.35 feet to the C '/ comer of said Section 28; thence along the West boundary line of the NE'/ of said Section 28 North 00'43'58" East, 625.84 feet; th&f',Ce South 77.58-j - East, 1:3;5 14 __' of the S1rd 'Ia of the NE '/Of sa d L �ticn 28: �:� a peir_: on -he East Bcunua, Int thence along said East boundary line North 00°3634' East, 293.64 feet; thence South 89°31'36" East, 175.03 feet; thence South 00°28'24" West, 230.00 feet; thence South 89031'36" East, 1136.30 feet to a point on the East boundary line of said Section 28, said point also being on the existing Meridian City Limits boundary; thence along said East boundary line and said City Limits boundary South 00"29'02" West, 214,51 feet; thence leaving said East boundary line North 89'20'59" West, 1312.34 feet to a point of the West boundary of the SE'/< of the NE'/, of said Section 28; thence along said West boundary line South 00°36'34" West, 215.00 feet to the C -E 1116 comer of said Section 28; thence along the East boundary of the W %2 of the SE'/ of said Section 28 South 00037'35" West, 2635.75 feet to the E 1116 comer of said Section 28; thence along the South boundary of said Section 28 South 89°1645" East, 1059.08 feet; thence leaving said South boundary line South 00°27'22" West, 169.00 feet; thence South 89°16'45" East, 258.60 feet to the REAL POINT OF BEGINNING. Containing 318.75 acres, more or less. December 20, 2007 Revised February 21, 2008 DESCRIPTION FOR R4 ZONE PROPOSED OAKCREEK SUBDIVISION A parcel of land located in the NE '/ and the South % of Section 28, T. 4N., R.1 W., B.M., Ada County, Idaho more particularly described as follows: Commencing at the Southeast corner of the said Section 28 from which the South 'X comer of said Section 28 bears North 89°1645" West, 2635.36 feet; thence along the South boundary of the said Section 28 North 89°16'45" West, 1317.68 feet; thence North 00°37'35" East, 1719.49 feet to the REAL POINT OF BEGINNING; thence North 89'22'25" West, 170.00 feet; thence South 00°37'35" West, 11.16 feet; thence North 89"16'15" West, 407.24 feet; thence North 14"24'06" West, 111.19 feet; thence North 24"00'23" West, 108.06 feet; thence North 12"01'46" East, 50.23 feet; thence North 77"58'14" West, 80.00 feet; thence North 84"07'40" West, 162.61 feet; thence North _89016'15" West, 263.21 feet; thence North 65"18'18" West, 55.00 feet to a point on a curve; thence 141.29 feet along the arc of a curve to the right, said curve having a radius of 300.00 feet, a delta angle of 26"59'04", and a long chord bearing South 38"11'14" West, 139.99 feet to a point of reverse curvature; thence 250.07 feet along the arc of a curve to the left, said curve having a radius of 600.00 feet, a delta angle of 23"52'46", and a long chord bearing South 39044'23" West, 248.26 feet to a point of tangency; thence South 27"48'00" West, 329.66 feet to a point on a curve; thence 233.82 feet along the arc of a curve to the leis, said curve having a radius of 500.00 feet, a delta angle of 26"47'37", and a long chord bearing North 75035'49" West, 231.69 feet to a point of tangency: thence North 88"59'37" West, 463.31 feet; 60307160307-M DOC thence North 01'00'23' East. 1140.07 feet; thence South 89°14'34" East, 433.55 feet; thence North 6403'54" East, 27.64 feet; thence South 86°53'48" East, 189.53 feet; thence North 89014'51" East, 20.04 feet; thence South 70027'50" East, 25.64 feet; thence South 81 °00'03" East, 36.69 feet; thence South 88'50'13" East, 85.57 feet; thence South 86°14'58° East, 63.62 feet; thence North 89°18'37" East, 45.49 feet; thence South 78'07'47" East, 19.68 feet; thence North 53°05'44" East, 16.53 feet to a point on the North-South centerline of said Section 28; thence along said North-South centerline North 00°4342" East, 24.35 feet to the C1/4 corner of said Section 28; thence continuing along said North-South centerline North 00°43'58" East, 625.84 feet; thence leaving said North-South centerline South 77°58'14" East, 1338.14 feet; thence North 00°36'34" East, 293.64 feet; thence South 89'31'36" East, 175.03 feet; thence South 00°2824" West, 230.00 feet; thence South 89'31'36" East, 1136.30 feet to a point on the East boundary of the said Section 28; thence along said East boundary South 00°29'02" West, 214.51 feet; thence North 89°20'59" West, 1312.34 feet; thence South 0036'34" West, 215.00 feet; 60307360347-R4,DOC thence South 00'37'35" West, 916.26 feet to the REAL POINT OF BEGINNING. Containing 69.72 acres, more or less. n sEwE� 00P,6VAL eve---'—' FEB 2 2 2t� M \ 4O RKS Df -"T' 60307%60307-R4.DOC Jan.:ary Z- 2�1-)_. DESCRIPTION FOR R-8 ZONE PROPOSED OAKCREEK SUBDIVISION Parcels of land located in the NE %of the NE Y4 and in the NW Y< of the NW 1/4 of Section 33 and in the S'/2 of Section 28, T. 4N., R.1 W., B.M., Ada County, Idaho more particularly described as follows: PARCEL A Commencing at the Northeast corner of the said Section 33, from which the East''/4 comer of said Section 33 bears South 00°27'22" West, 2631.60 feet; thence along the East boundary line of said Section 33 South 00°27'22" West, 169.00 feet to the REAL POINT OF BEGINNING; thence continuing along said East boundary line South 00°27'22" West, 626.39 feet; thence leaving said East boundary line South 89°08'23" West, 246.54 feet; thence South 06037'22" West, 308.30 feet; thence North 89°30'26" West, 1038.40 feet to a point on the West boundary line of the NE'/4 of the NE'/ of said Section 33; thence along said West boundary line North 00028'25" East, 1113.00 feet to the E1/16 comer of said Section 33; feet; thence along the North boundary line of said Section 33 South 89016'45" East, 1059.08 thence leaving said South boundary line South 00027'22" West, 169.00 feet; thence South 89016'45" East, 258.60 feet to the REAL POINT OF BEGINNING. Containing 30.72 acres, more or less. PARCEL B Commencing at the Southeast comer of the said Section 28, from which the South '/4 comer of said Section 28 bears North 89°16'45" West, 2635.86 feet; thence along the South boundary line of said Section 28 North 89°16'45" West, 1317.68 feet to the REAL POINT OF BEGINNING; thence continuing along said South boundary line North 89°16'45" West, 1317.68 feet; thence leaving said South boundary line North 00°44'11" East, 868.16 feet; thence North 89°17'44" West, 1920.93 feet; Ws07r60?07-R&Doc then-----. Section 28: c�oir on the Scut;^ , �ounda y gine of Baia thence along said South boundary line North 89'1649" West, 710 22 feet to the Southwest corner of said Section 28; feet; thence along the West boundary line of said Section 28 North 01 °00'42" East, 1315.38 thence South 89"18'59" East, 450.00 feet: thence North 01 `00'42" East, 774.71 feet: thence North 89021'17" West, 450.00 feet to a point on the West boundary line of the said Section 28; thence along said West boundary line North 01 °00'42" East, 540.97 feet; thence South 89021'17" East, 1311.11 feet; thence South 00°52'12" West, 16.99 feet: thence South 89"14'34" East, 355.95 feet; thence South 01 °00'23" West, 1140.07 feet; thence South 88059'37" East, 463.31 feet to a point of curvature; thence 233.82 feet along the arc of a curve to the right, said curve having a radius of 500.00 feet, a delta angle of 26°47'37", and a long chord bearing South 75°35'49" East, 231.69 feet to a point of tangency: thence North 27°48'00" East, 329.66 feet to a point of curvature; thence 250.07 feet along the arc of a curve to the right, said curve having a radius of 600.00 feet, a delta angle of 23°52'46", and a long chord bearing North 39°44'23" East, 248.26 feet to a point of reverse curvature; thence 141.29 feet along the arc of a curve to the left, said curve having a radius of 300.00 feet, a delta angle of 26°59'04", and a long chord bearing North 38011'14" East, 139.99 feet; thence South 65° 18'18" East, 55.00 feet; thence South 89°16'15" East, 263.21 feet; thence South 84°07'40" East, 162.61 feet: thence South 77058'14' East, 80.00 feet; 60307!50307-R8.DOC thence South 12'C ''46)' �iest 53.23 feet thence South 24'00'23' East. 108.06 feet, thence South 14°24'06" East, 111.19 feet; thence South 89'1615" East, 407.24 feet; thence North 00°37'35" East, 11.16 feet; thence South 89"22'25" East, 170.00 feet; thence South 00"37'35" West, 1719.49 feet to the REAL POINT OF BEGINNING. Containing 144.02 acres, more or less. PARCEL C Commencing at the Northwest corner of the said Section 33, from which the North '/4 corner of said Section 33 bears South 89"16'49" East, 2635.24 feet; thence along the North boundary line of said Section 33 South 89°16'49" East, 710.22 feet to the REAL POINT OF BEGINNING; thence continuing along said North boundary line South 89°16'49" East, 607.40 feet; thence South 00°31'02" West, 1316.64 feet; thence North 89017'19" West, 89.91 feet; thence North 76°42'21" West, 571.92 feet; thence North 11'45'24" East, 277.00 feet to a point of curvature; thence 78.28 feet along the arc of a curve to the left, said curve having a radius of 400.00 feet, a delta angle of 11'12'45", and a long chord bearing North 06'09'01" East, 78.15 feet to a point of tangency; thence North 00°32'39" East, 376.24 feet to a point of curvature; thence 174.94 feet along the arc of a curve to the left, said curve having a radius of 1200.00 feet, a delta angle of 08'21'09", and a long chord bearing North 03'37'56" West, 174.78 feet to a point of reverse curvature; thence 133.96 feet along the arc of a curve to the right, said curve having a radius of 900.00 feet, a delta angle of 08'31'41 ", and a long chord' bearing North 03'32'40" West, 133.84 feet; thence North 00°43'11' East, 158.47 feet to the RE®4L FB Containing 17.46 acres, more or less. a A. Total proposed R-8 area contains 192.20 acres, more or lesFe 2 2 2008 60307160307-M DOC WORKS ic OVT January 25 2008 DESCRIPTION FOR R•15 ZONE PROPOSED OAKCREEK SUBDIVISION Parcels of land located in the NW '/4 of the NW '/4 of Section 33 and in the SW /4 of Section 28, T. 4N., R.1W., B.M., Ada County, Idaho more particularly described as follows: PARCEL A Commencing at the Southwest corner of the said Section 28, from which the South '/4 comer of said Section 28 bears South 89016'49" East, 2635.24 feet; thence along the South boundary line of the said Section 28 South 89°16'49" East, 710.22 feet to the REAL POINT OF BEGINNING; thence North 01'00'23" East, 867.66 feet; thence South 89017'44" East, 1920.93 feet; thence South 00044'11" West, 868.16 feet to a point on the South boundary line of the said Section 28; thence along said South boundary line North 89°16'49" West, 1925.02 feet to the REAL POINT OF BEGINNING. Containing 38.31 acres, more or less. PARCEL B BEGINNING at the Northwest corner of the said Section 33, from which the North '/4 corner of said Section 33 bears South 89°16'49" East, 2635.24 feet; thence along the North boundary line of the said Section 33 South 89°46'49" East, 710.22 feet; thence South 00'43'11" West, 158.47 feet to a point of curvature; thence 133.96 feet along the arc of a curve to the left, said curve having a radius of 900.00 feet, a delta angle of 08°31'41", and a long chord bearing South 03°32'40" East, 133.84 feet to a point of reverse curvature; thence 174.94 feet along the arc of a curve to the right, said curve having a radius of 1200.00 feet, a delta angle of 08'21'09", and a long chord bearing South 03'37'56" East, 174.78 feet to a point of tangency; thence South 00°32'39' West, 376.24 feet to a point of curvature; thence 78.28 feet along the arc of a curve to the right, said curve having a radius of 400.00 feet, a delta angle of 11°12'45", and a long chord bearing South 0609'01" West, 78.15 feet to a point of tangency; 66307/60307-R15.DOC thence Sc{a.h 11 .:5'24. -Vest. 277 OC feet thence North 76`42'21" West, 687.45 feet to a point on the West boundary line of the said Section 33; thence along said West boundary line North 0°32'39" East, 1042.47 feet to the REAL POINT OF BEGINNING. Containing 18.51 acres, more or less. Total proposed R-15 area contains 56.82 acres, more or less. 11 � �gp�vaL FES 22 20 MWORAS pEPT 60307160307-R15.DOC ' O'er /_ � • _ ��0[abeg� 1 Willi co TOAKS � R ZING EAS -H—E - SQ111MEMIAFFB Q�W�QYWPR u► NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 09- 13 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land being a parcel of land located in the NE % of the NE % and the NW 1/ of the NW '/ of Section 33, the S 1/2 of the NE % and the S %2 of Section 28, all located in Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". 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. This parcel contains 318.75 acres more or less. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenujoj Bran, Idaho. This ordinance shall become effective on the day of - (Yll �( `_X l�F, 86;z ,,_ City of Meridian _ SEAL - Mayor and City CouncilCR By: Jaycee L. Holman, City���p's-� First Reading: I ` LD -Oct rrrern n«,� Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES X NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 09- 1 Rfl "3 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. 09- —R9,E,_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 05 day of6), 2009. C39 1 - I - '--jr--� William. L.M. Nary City Attorney ORDINANCE SUMMARY - AZ 08-004 - THE OAKS Page 1