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2007-11-20
E IDIAN- Revised 11-19-07 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, November 20, 2007 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: ~C David Zaremba ~ Joe Borton ~ Charlie Rountree ~ Keith Bird ~C Mayor Tammy de Weerd 2. Pledge of Allegiance: ~~~y ~~ ~~ 3. Community Invocation by Pastor Mike Dodd with Capital Christian Center: 4. Adoption of the Agenda: ~~~rv~c a j P'G~'~~-~' ~~3 ~ e ~' 5. Consent Agenda: ~.~rv~ ccS hev~~d !GA ! GRr A. Approve Minutes of October 16, 2007 City Council Regular Meeting: ~~,~.~~ B. Approve Minutes of October 23, 2007 City Council Regular Meeting: ~~ow~ C. Findings of Fact and Conclusions of Law for Approval: SHP 07-007 Request for Short Plat approval for 3 condominium units in 1 building in a C-G zone for Bonito Lot 15 Condominium by Dave Evans Construction - 2971 East Copper Point Drive: ~~r-ov~e~ D. Third Addendum to Development Agreement: MI 07-001 Request for a Miscellaneous application to Modify the existing Development Agreement to allow all C-IV permitted uses on lots 5, Meridian City Council Agenda -November 20, 2007 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. evised 11-19-07 6, 7 & 8, Block 25 of Cedar Springs Subdivision No. 6 for Cedar Springs Professional Center by Lynn Brown - 710, 730, 750 & 790 West Ustick Road: ~~~~~- E. Water Main Easement Aareement for Cheerleaders Sports Bar & Grill by Blue Marlin Investments: ~ ~r~/~o~-- F. Sanitary Sewer Easement Aareement for Javker's Subdivision by Chester Properties, LLC: ~~r~v~ G. Sanitary Sewer Easement Aareement for Javker's Subdivision by TreeHaven, LLC: ~~~~y.Qvw --~ H. Task Order 0726 with Civil Survey Consultants, Inc. for the Design and Construction of the Meridian Water Division Facility Phase 2: 7~ /4, g8a,`'~ ~'~~"'~ Task Order No. 4 - Heroes Park Wastewater Reuse Implementation with HDR Enaineerinu,_ Inc. for $87,898: row' J. Memorandum Aareement between the City of Meridian and the International Association of Fire Fighters Local 2311: ~~,~,,~~ K. Water Main Easement Aareement for Teach Investments / Quick Lube: ~ ~~'r®~- L. Approval of Reimbursement Aareement between the City of Meridian and Co oration of the Presidin Bisho of the Church of Jesus Christ of Latter Day Saints: ~~•~we. -- M. Department: ~ ~', ooo, °=~ ~~ N. Line Item Reallocation Request for Water and Wastewater Treatment Plant for West First Street Main Replacement, ACRD Advanced Projects: ~ 33v~ovc~. ~= 'o~- O. License .Aareement with Settlers Irrigation District for the North Black Cat Trunk Sewer: ~~~, w~ P. License Aareement with Nampa Meridian Irrigation District for Bienville Square Subdivision: ~wc- Q. Approve Contract for the WWTP UV Third Bank Installation with Custom Electric, Inc. for $7,521.00: ir'Ir~`'"~ Meridian City Council Agenda -November 20, 2007 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. evised 11-19-07 R. Approve Contract for Task Order 3.0 Stormwater Manaa_ement Third Party Inspections with Brown and Caldwell for $30,000: ~!~'o~ S. Agreement for Professional Services for 3rd Street Study with Six Mile Engineering, P.A. and Meridian Development Corporation: 3 ?' S3, °® ~f'/r~^v~`'c- T. Approve Deductive Change Order No. 6 to Ideal Demolitions Contract for Demolition of Meridian Creamery for a Deduction of $10,993.50: ~~~ 6. Department Reports: A. Parks Department 1. Meadows of Verona Park: ~{-~ //~'f~ 7. Items Moved from Consent Agenda: 8. Request for Reconsideration for Denial of Rezone for 6th and Broadway Property by Linda Loehr: w~®~ 9. Findings of Fact and Conclusions of Law for Denial: RZ 07-015 Request for a Rezone of .28 of an acre from an R-8 residential zone to an O-T zone for 6th and Broadway Property by Linda Loehr - 532 East Broadway Avenue: ~~,~,~ 10. Tabled from October 23, 2007: FP 07-034 Request for Final Plat approval for 14 single-family building lots and 2 common lots on 5.08 acres in an R-4 zone for Quarterhorse Subdivision by M2 Land, LLC - 710 North Black Cat Road: ~r~r~ v~ -- !^G~~g a~ ~~ t~z~ ~/~v~ 11. Public Hearing: RZ 07-016 Request for Rezone of 3.66 acres from R-15 zone to TN-R zone for Gramercy Townhome Subdivision by Tuscany Development, Inc. -south of E. Overland Road and west of S. Eagle Road: Cen't' 7'b 12-~-v7 ~lS 12. Public Hearing: PP 07-Q~Request for Preliminary Plat approval of 38 single-family attached residential lots on 2.81 acres for Gramercy Townhome Subdivision by Tuscany Development, Inc. -south of E. Overland Road and west of S. Eagle Road: ~ ~ !2- x-07 Meridian City Council Agenda -November 20, 2007 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. evised 11-19-07 13. Public Hearing: CUP 07-018 Request for Conditional Use Permit for 32 multi-family dwelling units on 4 lots in an existing R-15 zone on 2.93 acres for Gramercy Townhome Subdivision by Tuscany Development, Inc. - south of E. Overland Road and west of S. Eagle Road: ~~,~ ~ ~v ~Z-¢ -o ? 14. Ordinance No. d ~'` ~ ~ ~Z An Ordinance to Amend the Municipal Code of the City of Meridian, County of Ada, State of Idaho, Amending Title 10, Chapter 7, Exhibit A, Meridian City Code, Known as the Meridian Impact Fee Ordinance Fee Schedule; to Provide for an Amendment to the Parks $ Recreation Impact Fee Schedule; and Providing an Effective Date (1~ of 3 Readings): ~~ ~,1r, 15. Executive Session per Idaho State Code 67-2345(1)(a) - (to consider hiring a public ofFcer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office) & (f) - (to consider and advise its legal representatives in pending litigation): Meridian City Council Agenda -November 20, 2007 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. N N Meridian City Council Meeting November 20, 2007 A meeting of the Meridian City Council was called to order at 7:15 p.m., Tuesday, November 20, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Joe Borton and David Zaremba. Others Present: Bill Nary, Will Berg, Bill Parson, Bob Stowe, Mark Niemeyer, Clint Dolsby, Keith Watts, Elroy Huff, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I'll go ahead and get tonight's meeting started. It is Tuesday, November 20th, it is 7:15. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the pledge of allegiance. Tonight we will be led in the pledge by Elroy Huff. If you will all stand and join us in the pledge. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Mike Dodd with Capital Christian Center: De Weerd: Thank you, Elroy. Item No. 3 is our community invocation. Tonight we will be led by Pastor Mike Dodd with Capital Christian. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Dodd: Madam Mayor and City Council people, please join me. Father, we thank you, Lord, for this time together tonight, Lord, and Ijust -- Lord, just even as I was coming here tonight, Lord, just thinking of the children, Lord God, of this city, Father, and I just thank you, Lord, in this holiday season, those who -- whose parents, Father God, are -- theyare perhaps in prison, et cetera, Lord Jesus, just due to just different issues of life, I just thank you that the children of this city, Lord, would be covered and blessed by you, Father. And, Lord, I just thank you for your presence tonight here in this place. I thank you for your grace and your strength, Lord God, over Madam Mayor Tammy, Father, and the Council people, I thank you for impartation of wisdom and understanding as to Meridian Ciry Council November 20, 2007 Page 2 of 22 N what's best for this city, Lord God, there just be a divine strategy, Lord, that would come forth from this place tonight, Lord, and I just pray, Lord, that you would bless everyone here tonight, Lord, and bless this city, Lord God. We thank you that this city is going the right direction at the right time, in Jesus name, amen. De Weerd: Now, Pastor Dodd, have I given you a City of Meridian pin yet? Dodd: Yeah. Like about four of them. De Weerd: Four of them? Dodd: But I have five kids, so they love them. De Weerd: Can you give three back? Well, if you have one more child, let me give you -- Dodd: He's five months old, but he will take it. De Weerd: See. Thank you. Happy Thanksgiving. Dodd: You, too. Item 4: Adoption of the Agenda: De Weerd: Item No. 4 is the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Let me try to stumble through this. Item D on the Consent Agenda, we want -- while we have no problem with the development agreement, wanted to make sure that everybody in the audience knew that it wasn't a Public Hearing, that it was on the Consent Agenda. Item H, which we discussed the other day, we wanted some numbers and it seems like we don't get -- but, anyway, it's not to exceed 14,880 dollars. Item L is for the $379,472.41. Items M and N we'd like to pull to 7-M and 7-N and Mr. Zaremba will discuss that when we get to it. Item S, the price on that is 37,753 dollars. And Item T they would like to have Mr. Watts explain that, so we will pull that to 7-T. Items on the regular agenda, Items No. 11, 12 and 13 have been asked to be continued to December 45th, 2007. And Item 14 is ordinance number 07 -- Mr. Clerk? Berg: 1342. Bird: 1342. With that, Madam Mayor, I move we approved the revised agenda. Meridian City Council November 20, 2007 Page 3 of 22 Rountree: Second. N De Weerd: I have a motion and a second to approve the revised agenda. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5; Consent Agenda: A. Approve Minutes of October 16, 2007 City Council Regular Meeting: B. Approve Minutes of October 23, 2007 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: SHP 07-007 Request for Short Plat approval for 3 condominium units in 1 building in a C-G zone for Bonito Lot 15 Condominium by Dave Evans Construction - 2971 East Copper Point Drive: D. Third Addendum to Development Agreement: MI 07-001 Request for a Miscellaneous application to Modify the existing Development Agreement to allow all C-N permitted uses on lots 5, 6, 7 & 8, Block 25 of Cedar Springs Subdivision No. 6 for Cedar Springs Professional Center by Lynn Brown - 710, 730, 750 & 790 West Ustick Road: E. Water Main Easement Agreement for Cheerleaders Sports Bar & Grill by Blue Marlin Investments: F. Sanitary Sewer Easement Agreement for Javker's Subdivision by Chester Properties, LLC: G. Sanitary Sewer Easement Agreement for Jayker's Subdivision by TreeHaven. LLC: H. Task Order 0726 with Civil Survey Consultants, Inc. for the Design and Construction of the Meridian Water Division Facility Phase 2: I. Task Order No. 4 - Heroes Park Wastewater Reuse Implementation with HDR Engineering, Inc. for $87,898: ~ ~ Meridian City Council November 20, 2007 Page 4 of 22 J. Memorandum Agreement between the City of Meridian and the International Association of Fire Fighters Local 2311: K. Water Main Easement Agreement for Teach Investments / Quick Lube: L. Approval of Reimbursement Agreement between the City of Meridian and Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints: O. License Agreement with Settlers Irrigation District for the North Black Cat Trunk Sewer: P. License Agreement with Nampa Meridian Irrigation District for Bienville Square Subdivision: Q. Approve Contract for the WWTP UV Third Bank Installation with Custom Electric, Inc. for $7,521.00: R. Approve Contract for Task Order 3.0 Stormwater Management Third Party Inspections with Brown and Caldwell for $30,000: S. Agreement for Professional Services for 3rd Street Study with Six Mile Engineering, P.A. and Meridian Development Corporation: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda with these changes as stated earlier. Item D, while it will stay on the Consent Agenda, let it be noted it is not a Public Hearing, it is just aConsent -- third consent of it. Item H, not to exceed 14,880 dollars. Item L is $378,472.41. Item M and N would be -- will be pulled to the regular agenda and will be 7-M and 7-N. Item S, the amount of money is 37,753 dollars. And Item T will be pulled to 7-T on the regular agenda. And with that, Mayor, I move we approve the revised Consent Agenda. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as revised. If there is no discussion, Mr. Berg, will you, please, call roll. N Meridian City Council November 20, 2007 Page 5 of 22 N Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Items -- Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Did that motion include the standard words Mayor to sign and Clerk to attest? Bird: Yes. The Mayor to sign and the Clerk to attest. And I apologize for that, Mr. Zaremba, you're right. De Weerd: Nice catch. Mr. Bird, you have been doing this for years. Zaremba: Just heard something missing. Bird: I'm glad he caught me. Item 6: Department Reports: A. Parks Department 1. Proposed Name for Citv Park in Tuscanv / Messina Meadows of Verona Park: De Weerd: Item 6-A, our parks department. Elroy. Huff: Madam Mayor and President Borton, Members of the Council, I'm here tonight to present to you the new name for the -- right now named Messina Neighborhood Park and just give you a little background. The Mayor asked me to make sure and check over the last few months and I did with the developer about his interest in naming the park. He did not take me up on that. He decided he did not want to have anything to do with the name of that. So, we went another direction and we went to our parks commission and down to our subcommittee and they went and did the work on gaining some names for this park and that was -- John Nesmith's on the commission and he went and met with interim HOA president Steven Yearsly at -- in the Messina Meadows Sub and Tuscany Sub association I guess, and they decided to do a little naming contest. They had 21 participants come up with names and when they sorted those names out in -- they come out with three different names that they would consider for Meridian City Council November 20, 2007 Page 6 of 22 ~, L 1J this park. As you're aware in your enclosed material, the parks, streets, and stuff in that park -- in that subdivision are named of Shakespeare Romeo and Juliet, those kind of names. Italian names. The three names that were -- come out of the subcommittee Verona Park, which is the setting of Romeo and Juliet, the city that that was set in. Mantua Park, which is where Romeo was banished to. And Florentine Park was another name they came up with, which was in honor of the City of Florence and the culture that was there, which is similar to that subdivision in some way. We met in subcommittee last week and I attended that in the hour before our parks commission meeting and they bounced that around in the subcommittee and ended up with Verona Park. So, that is what I'm presenting to you tonight. We had some discussion about that, the fact that there was another Verona Sub in the city far to the north. However, I did mention that it was near Heroes -- the southern border of Heroes Park at Ten Mile. So, we did bounce that around a little bit and so I'm here tonight just to bring you that name and represent John Nesmith and he could not be here tonight, so -- sure open for discussion. De Weerd: Elroy, I guess the -- my first question would -- or my only question would be when the parks commission was discussing this did they know that there was a Verona Subdivision? Huff: I believe so. De Weerd: So, they did discuss that. Huff: Couldn't tell you for sure if we discussed openly. I thought that we did. It was very short, if it's in the minutes. It's pretty short, maybe one comment. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, one of my attorneys was present at the parks commission meeting and she said they didn't discuss the fact that there was another -- it may have been discussed at the subcommittee, but it wasn't discussed in the parks commission meeting -- Huff: Okay. Nary: -- last week, because she wasn't aware that there was a -- Huff: And I could have missed it. •~ Meridian City Council November 20, 2007 Page 7 of 22 ~~ Nary: Yeah. She wasn't aware that there was a Verona Place either until I told her when she mentioned what the name was. So, I don't know that the entire commission realized that, so -- De Weerd: Council, any questions or comments? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: You know, I don't know, maybe Councilman Zaremba can give more input. And I have initial concern with potential confusion with a park named the same as a subdivision in vastly different locations, if it wasn't really discussed in detail, but I -- maybe I'll punt to Councilman Zaremba to comment on that. That would be one of my concerns. Huff: I understand. Zaremba: Madam Mayor. I was at the parks commission meeting. I did not go to that subcommittee meeting, I was sitting in on a different subcommittee, so I didn't hear the discussion in the subcommittee. I don't recall that the competing subdivision name was mentioned at the commission level. I could easily have missed it. Sometimes I don't hear everything. But I don't recall that it was mentioned to the commission that there was a competing name. So, I know when we are naming streets we try not to have confusion and there is good reason on the part of the fire and police not to have confusion. I thought Verona was a good name, but I -- I was not aware that -- now that you mention it, I know there is a subdivision with that name somewhere else, but I didn't think of it at the commission meeting either. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Let me muddy it up a little bit more. Has there been an effort at anytime to utilize an opportunity like this to put the naming rights out to somebody, you know, by way of example if there was a donation made for parks improvement or some -- something like that, which, then, provided you the ability to name a public park. I don't know if that's inappropriate or not, but it sure seems like it's an asset that someone -- we might be able to utilize to obtain some additional park amenities or funding. Maybe not. Meridian City Council November 20, 2007 Page 8 of 22 Huff: We didn't do anymore other than just -- other than to offer the developer an opportunity to -- Borton: And the analogy that brings it up is the high school stadiums that we, you know, presently utilize those naming opportunities to correspond with some funding and contributions and -- I don't know if that's not even possible. Nary: Madam Mayor -- oh. De Weerd: Well, I guess I would like to comment on that. This was the developer of Messina Meadows and Tuscany, it was his development and his donation. He was one of those that said he didn't have a preference on a name and it was appropriate to involve the homeowners and the homeowners did come up with these -- these top three names. They did have a name contest and they brought their top three name selections to the naming committee of our parks commission. So, that's kind of why those names were -- were brought forth to begin this. And I think we did that -- something similar in Autumn Faire. The commission went out and talked to a couple of the neighbors and, actually, some of the youth to come up with ideas and they narrowed it down to their favorite ones and brought those forth to the commission. So, it's been done in a couple of different ways and there is no one way -- I guess the primary funder of this park passed and so we kind of invited the neighborhood, since it is a neighborhood park, to participate in that naming process. Mr. Nary. Nary: Madam Mayor, Members of the Council, I was going to only add to President Borton's question was that there is a policy that has been discussed by the parks commission and that includes just what the Mayor said. Normally under that policy the person who provides the primary donation has an option to suggest a name. It still has to be recommend by the commission, they have the option to do that, if they choose. Otherwise, the other rules they have tried to follow is to not name the park, if possible, after the subdivision, so it's clear it's not the subdivision's homeowners park, that it is a public park, and they have a few other things. But the rest of that, again, comes to you folks at the Council to make the decision, if you want to name it after an individual or someone else wants to participate or donate something, you certainly have the ability. But they follow a policy and a practice in doing that. So, I just wanted to tell you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As I understand, Elroy, this was just one of three names that was sent to the subcommittee -- Huff: Yes. N Meridian City Council November 20, 2007 Page 9 of 22 Bird: -- of the parks and recs commission. So, actually, the homeowners did not -- they gave you three equal names; right? De Weerd: Uh-huh. Huff: Yeah. There were 21 -- 21 entries submitted. I don't know any of those other names, other than the three that were brought forth from the homeowners. Bird: And they didn't -- they didn't put them in priority listing or anything? Huff: No, they didn't. Their didn't. Bird: And so I -- I have a real problem with the park being named the same as a subdivision. But they give us two other names and Iwould -- and I mean it's not something that we need to make a decision tonight on. Iwould go back to the parks and rec commission subcommittee and see about one of the other two names and have the whole commission discuss it, if they want to stay with this name, and, then, bring it back to us and if they feel comfortable with it, then, I guess I could be. But if they didn't discuss it in their general meeting and I -- Huff: Yeah. Bird: -- then, I would prefer that that was at least discussed at their general meeting. But I would also think that out of three name you could find another one that didn't coincide with a subdivision. Huff: Thank you. Bird: That would be my thought, Elroy. Huff: We'll see what -- I think you have a good point and that's a good way to do it. You know, we are certainly going to dedicate that park in the spring. We have got a little time to make that work, so -- Bird: And I think the homeowners should have the right to -- Zaremba: Madam Mayor, is it appropriate for a motion to remand it back to the parks and rec commission? Do we need to do that? De Weerd: I don't think you need a motion. We can just -- Huff: We can take care of that. Meridian City Council November 20, 2007 Page 10 of 22 N De Weerd: -- ask Elroy to bring it back on next month's agenda and seek further direction. Zaremba: Express our concern. Huff: I will. Nary: And the Italian word for Florence is Forenza. Zaremba: That's right. Nary: Might be another one they may want to consider. De Weerd: Why not just Shakespeare Park, then, we could do some different themed type of -- that's where we could have the Shakespeare Festival. Bird: Where that's located I think it would be nice to be Wamor Park. De Weerd: Wamor Park. Huff: Thank you very much. Nary: Mantua has five cities in the United States Manuta, so if you want -- and one in Cuba, so if you wanted to avoid that. De Weerd: He's surfing the web over there. Nary: Just trying to give you options. De Weerd: We have returned it back to the parks commission. You can bring your recommendations to them, Mr. Nary. Nary: I will be happy to do that. Item 7: Items Moved from Consent Agenda: M. Budget Amendment for Public Education Materials for Fire Department: De Weerd: Well, we did have some items moved from the Consent Agenda and I'll start with Item M. Bird: Mr. Zaremba. Meridian City Council November 20, 2007 Page 11 of 22 De Weerd: Mr. Zaremba. Zaremba: I, actually, asked for both M and N. De Weerd: Well, I know. Zaremba: I can do -- De Weerd: We will get to N after M. Zaremba: Which one would you like first? De Weerd: M. N Zaremba: M like Mary. That item is a budget amendment for public education materials for the fire department. I don't know if anybody else was able to read it, but on my -- in my packet on the computer it was just a smudge. I enlarged it up to a hundred percent and it was still a smudge. I can tell that it's under 10,000 dollars, but before we pass it I think we should know the exact amount. Niemeyer: Madam Mayor, Councilman Zaremba, I will be more than happy to clarify the smudge a little bit. The total request and the expenditures totals 10,800 dollars. That's to include 2,000 dollars for a laptop computer, 350 dollars for a software application for that computer, 1,500 dollars to Treasure Valley Cooperative, 1,950 to fire safety education materials, 3,000 dollars to a PA sound system, and 1,800 dollars to traveling trunks for 10,800 dollars. The next box down looking at cash donations, we received 4,000 dollars from Wal-Mart and also 1,800 dollars from the Idaho fire chiefs in a grant, for a total amount of the request for 5,000 dollars and we also received 5,000 dollars at the end of fiscal year 2007, which they requested be deposited from the Light My Fire organization, of which we are a part of. So, we actually cover the entire cost of the request, we just had to deposit that 5,000 dollars early at their request. Zaremba: Thank you. But to clarify what we need to approve is 5,000 dollars or -- Niemeyer: That's correct. Zaremba: Madam Mayor, I move we approve Item N, budget amendment for public education materials for fire department in the amount of 5,000 dollars. Borton: Second. De Weerd: A motion and a second. Bird: Discussion. Meridian City Council November 20, 2007 Page 12 of 22 De Weerd: Discussion, Mr. Bird. N Bird: Wait a minute. We are actually allocating 10,800, even -- and what we have done is we put in the 5,800 from donations, but we are still on the budget having to allocate 10,800. We have more revenue, but we still are going out with 10,800. Niemeyer: Madam Mayor and Councilman Bird, I show a grand total request for 5,000 dollars, but amount of all the purchases is 10,800. believe that is correct. The form does I believe you are correct. The total Bird: Am I not correct? Borton: Yeah. You're right. Bird: Bill? Zaremba: Madam Mayor, I would be happy amend my motion to make it 10,800 dollars, with the understanding that some of that is repaid by donations -- Borton: Discussion. Nary: Madam Mayor, Members of the Council -- and I don't know if Deputy Chief Niemeyer knows. I thought -- I guess when I read this, I'm thinking the amendment is to cover the amount that was left over from last year's budget that's not in this year's budget. The other amount of this -- other amount of this expenditure is in the current budget already. So, I think that's the only reason the amendment is necessary is for the 5,000 that's not in the current budget. So, it is a 10,000 dollar expenditure, but five of it is already in the budget. This five is not. Bird: Is that right? Niemeyer: Madam Mayor, Councilman Bird, I have spoken with our finance folks over here and that is correct. So, the total amount requested is 5,000. Zaremba: Madam Mayor, I withdraw my amendment and -- De Weerd: Before you make another motion, Keith, we would also need to make a motion amending the revenue to reflect the donation -- the unanticipated donations, unless this would just be included in the regular revenue. Nary: But that's already here. That's already on this amendment form is the way I read it. !~ Meridian Ciry Council November 20, 2007 Page 13 of 22 De Weerd: It is. Nary: Oh. •~ De Weerd: But you -- you would need to show revenue in and expense out. Nary: Right. Madam Mayor, what your motion is approving is this budget amendment request by the finance department, which covers the expenditure, as well as the revenue. This request has both of them contained within it. So, what the Council is moving to approve is this request, not just the expenditure. Bird: For showing revenue plus -- Watts: Madam Mayor, Council Members, not looking -- not having the last year's information, I'm assuming that that -- when was -- Mark would have to clarify again when that 5,000 was received. Nary: June 7th. Watts: Yeah. So, I would assume that that revenue was -- was in last fiscal year. De Weerd: Did it get carried forward? Bird: Yes. De Weerd: Okay. Watts: That's why they were only asking for the additional 5,000. Bird: Yeah. Nary: Correct. De Weerd: So, the motion is needed for 5,000. Zaremba: In that case, Madam Mayor -- De Weerd: That you originally -- Zaremba: -- restate the original motion, which is I move that we approve the budget amendment for public education materials for fire department in the amount of -- net amount of 5,000 dollars. Borton: Second. C~ Meridian City Council November 20, 2007 Page 14 of 22 N De Weerd: Is there any discussion on this motion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item N: Line Item Reallocation Request for Water and Wastewater Treatment Plant for West First Street Main Replacement, ACHD Advanced Proiects: De Weerd: Item N was also moved from the Consent Agenda. Mr. Zaremba. Zaremba: Madam Mayor, that was also a question from me and it's a matter of mine not being able to interpret, again, the net effect. From what I read, the original amount was 1,378,929. It looked to me like the request is actually an increase of 330,000 over that amount. To me, a reallocation would be a trade. We budgeted at one place and we are going to spend it someplace else. But the bottom line addition appears to me that we are making an increase. And maybe I'm just not interpreting that right, but I need an explanation. Bird: Be a change order to me. De Weerd: I guess, Clint. Dolsby: Madam Mayor, Members of the Council, I would have to go back and do a little research on this particular item to see if it was an increase or a trade. I suspect it's a trade, but having not written up the item -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Clint, would it be -- would it be a change order? Is this -- is this an addition to the original bid or are you taking this out of another job that you didn't need the 300,000 on and allocating it to this job? It still would be a change order, wouldn't it? Dolsby: Mr. Bird, yes, it would be a -- I think that it would be a change order if we were trying to allocate it from one fund to another fund. Bird: Unless you're allocating just the line item -- Dolsby: Yeah. Meridian City Council November 20, 2007 Page 15 of 22 Bird: -- as David brought up and -- Dolsby: Unless it's not for a particular project, if it's -- Bird: Do you know, Keith? N Dolsby: It might just be a line item transfer, so that we can do a future project is what I'm thinking it is. Bird: It is a line item. Dolsby: It's not to do with any particular project or contract. Bird: It is a line item change. Nary: Right. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: With your permission and your authority, when we get something like this on here with -- I love it on the consent item, but we wouldn't -- if there would just be an explanation or something like that on it. And especially -- we talked about this a month ago of getting to dollar amount on all this -- these changes, so the public can see and they are here and I know you will take care of it. De Weerd: Yeah. As I have noted, neither of these went through my office, which most of them do. Since I was out of town last week there must be some -- Bird: That's fine. De Weerd: -- urgency to these items. I guess, Keith, if you could ask on -- on these forms that the highlighting be a different color, because that's one reason Council can't read it. Watts: Okay. De Weerd: You can't pick up the numbers through the blue. When you photocopy it, it's -- or when they scan it it's not copying well. Watts: I will make that suggestion. De Weerd: And Mr. Bird's eyes are not as good as they once were. Meridian City Council November 20, 2007 Page 16 of 22 Watts: Yeah. I agree. I will make the suggestion. De Weerd: So, we need bigger letters, you know, for older -- Watts: So we can all actually read it, yes. Bird: Seniors need larger letters. De Weerd: But maybe those totals could have a larger box with bigger numbers. Watts: I will definitely make that recommendation tomorrow. De Weerd: That would be great. And this is just a line transfer, so that's what we would just need the authorization from Council to - to transfer the amounts as requested into the different line items. Bird: For the amount of 330,000 dollars. Rountree: Madam Mayor, I move that we approve the line item allocation for the West 1st Street -Main replacement in the amount of 330,000 dollars. Bird: Second. De Weerd: I have a motion and a second. Any further clarification needed? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. T. Approve Deductive Change Order No. 6 to Ideal Demolitions Contract for Demolition of Meridian Creamery for a Deduction of $10,993.50: De Weerd: Also removed from the Consent Agenda was Item T. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We removed that because Mr. Watts is going to give us a little detail on this. It's regarding our City Hall. Meridian City Council November 20, 2007 Page 17 of 22 N Watts: Yeah. Madam Mayor and Council Members, this is the final change order for the demolition contract that we have with Ideal Demotion. If you will recall, there was some damage done by the -- his personnel when we were excavating. The damage was done to the wall heads. This was the dollar amount that our hydrologist gave us as the -- as the amount fixed towards their damages specifically. Originally, Ideal and Petra were going to discuss this and maybe split it. David agreed -- well, it's David from Ideal Demolition agreed to take this on by himself and eat that amount. So, we drew up this negative deductive change order for 10,993.50. Ideal has agreed to this and signed this and submitted their final invoice for their retention. De Weerd: Thank you, Keith. Any questions from Council? Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the deductive change order number six to Ideal Demolition's -- for demolition of Meridian Creamery for the amount of $10,993.50 from their contract. Rountree: Second. De Weerd: I have a motion and a second to approve Item T. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Watts: Thank you. Item 8: Request for Reconsideration for Denial of Rezone for 6th and Broadway Property by Linda Loehr: De Weerd: Thank you. Item >3 is a request for reconsideration. Mr. Nary, do you have any comment on this? Nary: Madam Mayor, Members of the Council, you are all pretty well versed in doing these reconsiderations now. You do have a letter in front of you. It appears that part of the -- part of the reason that no applicant was present at the time this originally was taken up by the Council and denied was that the applicant was ill and didn't explain -- it doesn't explain in the letter why no one else couldn't have been here, but it does indicate that that was the reason that at least the applicant wasn't present at the time. That was some consideration that the Council had. If you wish to reconsider that, we would need to set it for a new hearing and they would have to re-notice to do that. I Meridian City Council November 20, 2007 Page 18 of 22 N don't know if they have anything else to add. Obviously, we can't discuss those specifics of the application itself, just the request for reconsideration. Borton: Council, I would make a motion to grant the request for reconsideration, understanding the extenuating circumstances and give the applicant an opportunity to come forward at another hearing date to present it. Bird: Second. Borton: It's been moved and seconded to approve the request for reconsideration. Any discussion? Rountree: Discussion, Mr. President. Borton: Mr. Rountree. Rountree: Just -- the absence of the applicant was -- was one of the minor reasons. I think probably the biggest issue with the application was the design and the design detail and the lack of appropriate design considerations for the facility for the building that was being addressed. So, just as a part of the motion and a part of the discussion on the motion that -- there were other issues and certainly those need to be addressed if it's going to be reheard. Borton: Councilman Rountree, I agree. I know planning had comments in that regard and the minutes from our discussion would be extremely valuable to the applicant to review prior to bringing this back. Any additional discussion? All those in favor say aye. Request approved. MOTION CARRIED: ALL AYES. Item 9: Findings of Fact and Conclusions of Law for Denial: RZ 07-015 Request for a Rezone of .28 of an acre from an R-8 residential zone to an O-T zone for 6th and Broadway Property by Linda Loehr - 532 East Broadway Avenue: Borton: And which -- Item No. 9 I need -- Zaremba: Mr. President, I move that we vacate Item 9 until we have had the reconsideration. Bird: Second. Borton: It's been moved and seconded to vacate Item No. 9. All those in favor say aye. Thank you. ~i Meridian City Council November 20, 2007 Page 19 of 22 MOTION CARRIED: ALL AYES. Item 10: Tabled from October 23, 2007: FP 07-034 Request for Final Plat approval for 14 single-family building lots and 2 common lots on 5.08 acres in an R-4 zone for Quarterhorse Subdivision by M2 Land, LLC - 710 North Black Cat Road: Borton: Item No. 10, FP 07-034, request for final plat approval. Bird: Mr. President? Borton: Mr. Bird. Bird: I move we approve FP 07-034 -- oh. Borton: Go ahead, Bill. Bird: Oh, we got a letter here. I'm sorry. We are getting ahead of ourselves. Rountree: That's all right. We are in a hurry. Borton: Bill, the floor is yours. Parsons: It's a late evening. Madam Mayor, Members of the Council, this is a request for final plat approval of 14 single family building lots and two common lots on five acres in an R-4 zone. Staff has received a letter from the applicant agreeing to the conditions of approval. I also wanted to point out that site specific condition number four needs to be stricken from the staff report due to it not being relevant to that project. That concludes what I have. If you have any questions I will be happy to answer them. Borton: Thank you, Bill. Council, any questions? Rountree: No questions. Bird: Mr. President? Borton: Mr. Bird. Bird: I move that we approve FP 07-034 and to strike site specific condition number four from the record. That's it. Rountree: Second. ~~ Meridian City Council November 20, 2007 Page 20 of 22 •~ Borton: It's been moved and seconded to approve FP 07-034. If there is no further discussion, all those in favor say aye. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: RZ 07-016 Request for Rezone of 3.66 acres from R-15 zone to TN-R zone for Gramercy Townhome Subdivision by Tuscany Development, Inc. -south of E. Overland Road and west of S. Eagle Road: Item 12: Public Hearing: PP 07-016 Request for Preliminary Plat approval of 38 single-family attached residential lots on 2.81 acres for Gramercy Townhome Subdivision by Tuscany Development, Inc. -south of E. Overland Road and west of S. Eagle Road: Item 13: Public Hearing: CUP 07-018 Request for Conditional Use Permit for 32 multi-family dwelling units on 4 lots in an existing R-15 zone on 2.93 acres for Gramercy Townhome Subdivision by Tuscany Development, Inc. - south of E. Overland Road and west of S. Eagle Road: Borton: We will open the Public Hearing on Items 11, 12 and 13. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: I move we continue Items 11, 12 and 13 relating to Gramercy Townhouse Subdivision to our regularly scheduled meeting of December 4th, 2007. Bird: Second. Borton: It's been moved and seconded to reset Items 11, 12 and 13 to December 4th. Any discussion -- continue. Excuse me. Not reset. Continue them to December 4th. Seeing none, all those in favor say aye. MOTION CARRIED: ALL AYES. Item 14: Ordinance No. 07-1342 An Ordinance to Amend the Municipal Code of the City of Meridian, County of Ada, State of Idaho, Amending Title 10, Chapter 7, Exhibit A, Meridian City Code, Known as the Meridian Impact Fee Ordinance Fee Schedule; to Provide for an Amendment to the Parks ~ Recreation Impact Fee Schedule; and Providing an Effective Date (1St of 3 Readings): ~! Meridian City Council November 20, 2007 Page 21 of 22 H Borton: Thank you. Item No. 14, Ordinance 07-1342. I would ask the clerk to read this ordinance -- read the first reading. Berg: Thank you, Mr. President, Members of the Council. This is the first reading of this ordinance dealing with the impact fees. An ordinance to amend the Municipal Code of the City of Meridian, County of Ada, State of Idaho, amending Title 10, Chapter 7, Exhibit A, Meridian City Code, known as the Meridian Impact Fee Ordinance fee schedule to provide an amendment to the parks impact fee schedule and providing an effective date. This is Ordinance 07-1342. Borton: Thank you, Mr. Berg. You have heard this ordinance read by title only. Does anyone wish to have it read in its entirety? Seeing none -- okay. Berg: Just acknowledge the -- Borton: Okay. Rountree: We will discuss it on the third reading. Item 15: Executive Session per Idaho State Code 67-2345(1) (a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office) & (f) - (to consider and advise its legal representatives in pending litigation): Borton: That bring us to Item 15. Bird: Mr. President? Borton: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1) (a) and (1) (fl• Rountree: Second. Borton: It's been moved and seconded to go into Executive Session. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: M Meridian City Council November 20, 2007 Page 22 of 22 Bird: I move we come out of Executive Session. Rountree: Second. N Borton: It has been moved and seconded to come out of Executive Session. All those in favor say aye. ALL AYES. MOTION CARRIED. Borton: Motion to adjourn? Bird: So moved. Rountree: Second. Borton: All those in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 9:20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: d~r~ ~`,~~.7li ,:r. ~~ Og ., ~ ~~ 2/ MAYOR TA Y De WEERD,;=`<~~~ ~~' ~ ~~ ~~~ DATE APPROVED ~r e, ~ ~, ~TT~STE = .~~' ~'~` W~..LIAM G. BERG JR., I CLERK -~' r~, °~m '~ ~T 9~~ ' ~Q°-~~ _~ aye ~®ry ~ ~~ _-~ ~ /~'~~OIA7771 71181110\\ • • November 16, 2007 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of October 16, 2007 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the C(ty of Meridian. November 16, 2007 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. S-B REQUEST Approve Minutes of October 23, 2007 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ' CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHH/AY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTWER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. November 16, 2007 SHP 07-007 MERIDIAN CITY COUPJCIL MEETING November 20, 2007 APPLICANT Dave Evans Construction ITEM NO. 5-C REQUEST Findings for Approval -Request for Short Plat Approval for 3 condominium units in 1 building in a C-G vine for Bonito Lot 15 Condominium -2971 East Copper Point Drive 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 HIGHVdAY 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: 1F~/407_ Phone: ~S ~~~5 ' O.C taff lrntials: jfe shall become properly of the City of Meridian. ~~ CITY OF MERIDIAN E IDIAN~ ' FINDINGS OF FACT, CONCLUSIONS OF LAW d AND DECISION & ORDER In the Matter of Short Plat approval of three (3) condominium units within one (1) building in an ezisting C-G zone, for Bonito Lot 15 Condominiums, by Dave Evans Construction. Case No(s). SHP-07-007 City Council Hearing Date: November 7, 2007 Findings for the City Council Regular Meeting of: November 20, 2007 A. Findings of Fact 1. Hearing Facts: The Meridian City Council heard this item on November 7, 2007. At the public hearing they approved the subject short plat application. a. Summary of City Council Public Hearing: i. In favor: None ii. In opposition: None iii. Commenting: None iv. Written testimony: Jay Hovde (Applicant's Representative) v. Staff presenting application: Anna Canning vi. Other Staff commenting on application: None b. Key Issues of Discussion by Council: i. None c. Key Council Changes to Commission Recommendation: i. None 2. Application and Property Facts (see attached Staff Report for the hearing date of November '7, 2007, incorporated by reference) 3. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 7, 2007, incorporated by reference) B. Conclusions of Law 1. The City oi' Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). SHP-07-007 ~ ~ 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution lvo. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of November 7, 2007, incorporated by reference. The conditions are concluded to be reasonable and the Applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Short Plat, as evidenced by having submitted the Plat, dated October 2, 2007, is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of November 7, 2007, incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Preliminary Plat Duration: Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the Applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminarS~ plat is made in successive phases in an orderly and reasonable manner, and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). SHP-07-007 ~ ~ conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the Applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorIlZe a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat, or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met, and the Applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a fmal action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521, an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of a conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Stafi~° Report for the hearing date of November 7, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). SHP-07-007 vee *~~~~0~ °~ °" ri p. By action of the City Council at it regular meeting held on the ~g ~~ ®(/~{~yJi~s, 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_~y~'« COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: ~~~ ~. William G. Berg, Jr., Ci ler Copy served upon Applicant, Attorney. • VOTED__~~~~'`- VOTED_~~~~ VOTED_~~~~ VOTED ~^ de Weerd day of - ~~~~ ~ ~~~~' ss~°9~ T 13~, ~~~ r ~~ ,\~~ The Planning Department, Public Works Department and City By: ,~~~~~ ~.~~.~~"~/ Dated: ~l ~~-'~-l~~' City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). SHI'-07-007 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: HEARING DATE: November 7, 2007 E IDIAN.- TO: Mayor & City Council ~ FROM: Kristy Vigil, Assistant City Planner 208-884-5533 Scott. Steckline, Development Services Coordinators 208-898-5500 SUBJECT: Bonito Lot 15 Condominiums RegL~est for Short Plat Approval of Bonito Lot 15 Condominiums consisting of 3 Commercial Condominium units within 1 building in an existing C-G Zone by Dave Evans Construction (File# SFIP--07-007). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Dave Evans Construction, has applied for short plat approval of 3 condominium units within 1 building on 0.178 acres in a C-G zone for Sparrowhawk Condominiums on Lots 12 and 15, Block 1 of Bonito Subdivision No. 3. A building permit has been issued and the building is currently under construction. Bonito Lot 15 Condominiums are located south of Overland Road and west of Eagle Road at 2971 E. Copper Point Drive in the NE 1/ of Section 20, T.3N., R.IE. The subject propert~~ meets all of the applicability requirements as stated in UDC 11-6B-SA and is eligible to be processed as a short plat. Staff recommends approval of Bonito Lot 15 Condominiums Short Plat with the comments and conditions stated in this report. PROCESS FACTS a. The subject application will in fact constitute a short plat as determined by City Ordinance. By reason of the provisions of UDC 11-SB-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: October 22, 2007 and October 29, 2007 c. Radius notices mailed to properties within 300 feet on: October 19, 2007 REQUIRED FINDINGS FROM UDC 11-6B-6 5HP-07-007 Bonito Lot 15 Condominiums SHP.doc PAGE 1 ~~ 1r~ u CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Comprehensive Plan designates the future land use of this property as commercial. The current zoning district of the proposed plat is C-G (General Retail and Service Commercial District). The proposed subdivision plat complies with the Comprehensive Plan B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are available to accommodate the development. Water and sewer services have already been installed with the Bonito Subdivision No. 3 improvements. Fire, police, solid waste and irrigation services are all adequate. The adjacent public roadways have been completed to the required design and approach standards. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. All sewer and water extension for this area were planned to be developer driven. All required utilities are either in place or will be the responsibility of the developer. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer and/or future unit owners will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future tenants will be fire and police services. E. The development will not be detrimental to the public health, safety or general welfare; and Staff does nut believe that any additional traffic or noise will be generated with the approval of this plat; the approval for the subject buildings was previously granted. This subdivision will not be detrimental to the general welfare of the public in the surrounding area. Staff finds that the subject subdivision will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with the development of this site that the Director and City Engineer should be aware of. PLANNING & PUBLIC WORKS DEPARTMENT -SITE SPECIFIC CONDITIONS Revise or add the following plat notes on the face of the plat prepared by Toothman-Orton Engineering Company, and dated 10/02/07: 9.) Include instrument number. 18.) Include survey number. *.) Revise to read on sheet (4) Four "...This Plat of "Bonito Lot 15 ~ Condominium. . SHP-07-007 Bonito Lot 15 Condominiums SHP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 2. Complete the Certificate of Owners. 3. Comply with all conditions of Bonito Subdivision No. 3. 4. Comply with all conditions of the Ada County Highway District as they relate to this short plat. 5. Staff's failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for compliance. GENERAL CONDITIONS 1. Plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. STAFF RECOMMIENDATION Staff recommends approval of the short plat for Bonito Lot 15 Condominiums Short Plat (SHP-07- 007) with the above stated comments and conditions. EDITS 1. Submitted Short Plat (2 pages) SHP-07-007 Bonito Lot 15 Condominiums SHP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Iq ~ ' b I ' srws ew• F na+^cy ~~~ '~ Im ~ m ~ ~ ~" ------------~ I ~ I ,~ I~ ! I I n \ O r 1 -t_'a~a ~ ~ 'O `yJ ~1 ~ ~~ ~ y I ! ~~ ~ ~ ~ I •~~ ~• + ~ ~ , ,~ ~~ O I I- ~ ~ ~~ O Imo, I I~ yuo-ro i tr J ` ' I ~~ ~ 'll $ ~ ~t ~~ ~ n b~ a - ! r~ 4 ~ l~ ~ ~~J ty ~~e ~' ~O~I `~ a~~ ~ ~~ O o ,:~ ~ ~'~ :' ~ yy ~~ O ~Y q PGG ~P 5Y pp£@r N ~~ RQ P Y 6¢5P a SY P Y t$§@, 9p$p fy gggY y ~@~$^^ ~ g3fp(y a ~N N ~~ ~~~ $ ~q ~~ ~~ ~~ ~~P ~~ -a ~~ ~°~Z$ p yF ~~8~k+~gtl~{y3N( ~~ ~~ t~~ ~ ~ ~ ~q a ~ Se R~R ~ R y1~SS~F~P~F egg a - a ~- ~ ~~ ~g g ~ ~Q. 8 ~ ~ @~ ~~ N~~ ~ lea ~ ~~ a ~ ~~~ ~ ~ ~~ ~ ~~~ a g~ ~~~~~~ bps a O O ~ ~{IDi p_~p~ ~ ~ pg$$ p g ggg ~ y ~ age ~ y@7 y~~ ~ {p~~ Z ¢$~ 'y~o`J] ~~ P l yL~u gyE$' ~ ry~ F~ y~ papg 9 Td~ 5~6y~ 3a ~R $9~~yle~ ~4 ~S 9F1 W Fi. R 4fi ~ n{ F$ 5~ ~ 2 r3 ~ F/ R ~ P e 9 ~ ~ ~ ~ ~ ~~ ~~~ 9 b Exhibit I CITY OF MERID]AN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT ' Nso•oo'oo"w ~ ~~ ~- s0.W' . O!P 39.W DSO , C J - ~ g '~' ~ H y ~ ? j i~ BOO' em i ~', i ~ R ,:.De• ~~~ i~m• v.ei• ` Imo! w f(~!77 ~ A C o O u O 8 v ~f.De' D!D 90' ~' i f.lr ~ O p O 6 y ~ ~ ~ ~" N i i m~ N s , ~ , g m ~ y m Q ~ ~ DSD a ~ ~ 09 SA' ~ n 0 0 Z ~ BOD z9.w ~ O Z ~S OD Z i H C ~ tw g _ g 8 w P ~ ~ O I D~ ~~-- y Q s ,s o< I ~Dw• ij o ~ o i i 3,04,40.O6N 9 f!' kvas» raa+-T 45' f ~ ~ O ~.~.5 9J"- r~ ~~ O ~~ h D 1 '~ ~ o~ ~ a ~ A 6 ~z = ' ~ gg~ ~ ~ m ~ ~,~ U ~ ~`Sa ~^~ ~N 4g ~ cn m , `° ,? ' ~e ~ a ? i ; o ~f ^c a p fi { , .,+ g O i ~ i ~ ii ! i ~ ~ O ~ ! ~ A 4i Exhibit 1 • November 16, 2007 MERIDIAN CITY COUNCIL MEETING • November 20, 2007 nn~ o~-ool APPLICANT Lynn Brown ITEM NO. REQUEST Third Addendum to Development Agreement -Request for Miscellaneous application to modify the existing Development Agreement to allow all C-N permitted uses on lots 5, 6, 7 8~ 8, Block 25 of Cedar Springs Subdivision No. 6 for Cedar Springs Professional Center - Ustick Robd 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 /~ ~pVW~' ~x,~. Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. D~NAVARRO AMOUNT .00 ~ BOISE IDAH011l29107 01:9 PM DEPUTY Pattl Thompson III I'II~I'I'I'II'l'II~III'Il~llll I'll RECORDED-REQUEST OF Cite of Meridian 10 r i ~8~ i i THIRD ADDENDUM TO SECTION 4.1 "USES PERMITTED BY THISAGREEMENT" OF THE DEVELOPMENT AGREEMENT" (CASE NO. A~-00-019 FOR NEW CASE NO. MI 07-(101) PARTIES: 1. City of Meridian 2. Lynn A. Brown, Developer 3. Robert W. Montgomery, Owner The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 6~' day of May, 2002, and that certain First Addendum to Development Agreement dated the 28"' day of April, 2005. This addendum is made and entered into this ate'' day of (~~jl~,,~- 200~7by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and LYNN A. BROWN, whose address is 355 S. 3`~ Street, Boise, Idaho 83702, hereinafter called "DEVELOPER" and Robert W. Montgomery, whose address is 12 Varsity Circle, Rancho Mirage, California 92270, hereinafter called "OWNER". RECITALS A. CITY and OWNER and/or DEVELOPER entered into that certain DEVELOPMENT AGREEMENT that was approved on May 6, 2002 and recorded on June 14, 2002 (Instrument # 102067381) ("Development Agreement") on the land described in Exhibit A ("Property"). B. CITY and OWNER and/or DEVELOPER now desire to amend the Development Agreement in accordance with the terms in this Addendum, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Cade Section 67-6511A. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER and/or DEVELOPER shall be bound by the terms of the Development Agreement, except with regard to Section 4, "USES PERMITTED BY THIS AGREEMENT" of the Development Agreement, which is hereby amended as follows: THIRD ADDENDUM TO DEVELOPMENT AGREEMENT (1VII-07-001 CEDAR SPRINGS PROFESSIONAL CENTER) PAGE I OF b i • Section 4.1-USES PERMITTED BY 'T'HIS AGREEMENT 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's"Zoning Ordinance codified at Meridian City Code Section 11-7-2(C) which are herein specified as follows: Construction and development of 264 building lost and 31 other lots for a residential subdivision, caz wash, coffee stand/kiosk, fuel pumps, and office uses. That a Convenience Store use and 24-hour operation will be allowed only on Lot 1, Block 25 of Cedar Springs Subdivision No. 6, and shall not apply to all five lots [within the C-N district]. In addition to office uses, all principally permitted C-N (Neighborhood Business) uses shall be allowed on Lots 5, 6, 7, & 8, Block 25 of Cedaz Springs Subdivision No. 6. Development shall be consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the property as Single Family Residential. 2. That Owner and/or Developer agrees to abide by all ordinances of the City of Meridian and the Properly shall be subject to de-annexation of the Ownerand/or Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This third addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This second addendum shall be binding on the Owners of the Property, each subsequent owner and any other person(s) 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 hereon 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 or Developer, to execute appropriate and recordable evidence of THIItD ADDENDUM TO DEVELOPMENT AGREEMENT (NII-07-~I CEDAR SPRINGS PROFESSIONAL CENTER) PAGE 2 OF 6 • • termination of this addendum if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Addendum. 4. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. TYris addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner and/or Developer and City relative to the subject matter hereon, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except a,s herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum 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. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Properly herein provided for can be modified or amended within 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. 6. This addendum shall be effective as of the date herein above written. THIItD ADDENDUM TO DEVELOPMENT AGREEMENT (NII-07-001 CEDAR SPRINGS PROFESSIONAL CENTER) PAGE 3 OF 6 • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER BY: Robert W. Montgomery CITY OF MERIDIAN BY: Mayor T y e Weerd ~`~o`~aQ4~~~o a s®s0®~ ~~ ~~6tsr~u.~/ `~s ~'" O `~ Attest. 'o.° ~~ ''~, e ~~ v ® ' s ~ 1. ~~ - William G. Berg, Jr., City ~1 k ~ io ®~ Q, a ~ ~i~~ f ~~ ~`~ , T~IIRD ADDENDUM TO DEVELOPMEN'I~A~CrR<~~MEN'~''(MI-07-001 CEDAR SPRINGS PROFESSIONAL CENTER) PAGE 4 OF 6 STATE OF IDAHO ) ss: County of Ada, ) r: On this day of , 2007, before me, the undersigned, a Notary Public in and fors 'd State, persona ly appeared Lynn A. Brown, known or identified to me to be the person who executed this agreement, and acknowledged to me that he executed the same. WHEREOF, I have hereunto set my hand and affixed my official in this certificate first above written. ,~pTA.~p y~ ,k ~SEA~~~ _ ~r ~pUBL~,G ~..~ i~J- ~~~. ~~~°~ ~ ea e STATE OF IDAHO ) ss: County of Ada, ) On this day of Public in and for said State, personal] identified to me to be the person who that he executed the same. IN WITNESS WHEREOF, I have 1 seal the day and year in this certificate first (SEAL) w, ~`~ 2007, before me, the undersigned, a Notary aced Robert W. Montgomery, known or :ed this agreement, and acknowledged to me o set my hand and affixed my official written. Notary~ublic for Idaho at: My Com~iission Expires: THIRD ADDENDUM TO DEVELOPMENT AGREEMENT (MI-07-001 CEDAR SPRINGS PROFESSIONAL CENTER) PAGE 5 OF 6 'r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ~IP1~. ,. r'~C~fC3~ On ®C,TUU e ~ ~ ~_ ~.~~ before me, Date personally appeared C~- enre(s of signer(s) \ I personally known to me ^ proved to me on the basis of satisfactory evidence P,~-= ~,.-.:r ' """" .c,~r C.;mntission # 1d7d9d4 ~,,:~. ~,.i~.,,~~ z ~- ~_~ t.~:.;_: , ~oiar/ Public - Cciitomi® ~ ~ `•• ~~~,~~~ Santa Barbara County ~'~''` Flly Comm. Expires Mar 7, 2D(l8 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. and Signature OPTIONAL Though the informatton below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date:. `~,. Signer(s) Other Than Capacity(ies) Claimed by Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other. Signer Is Top of thumb here Number of O 1899 National Notary Aasocietlon •8350 De Solo Ave., P.O. Box 2402 • Chat-awonh, CA 91313-2402 • www.nationalnoteryorg Prod. No. 5907 Reorder: Cell Too-Free 1-800-878.8827 STATE OF IDAHO ) ss County of Ada ) Ir"'1 U On this 2~~ day of 9yOV~t^f11~ea~ , 2007, before me, a Notary Public, personally appeared Tammy de Weerd and William. G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ®®®®ms~i®~~ (SEAL) ~ ~ ~ ~, AR &'°., ® ~' o . ~``a`'; a '`~~~ ° • g[-+~ . ~ . ® i ~ ~~ ® t p. ~ _ - °" ® `° ~ ~~ I s®s®;~~~:®~ee® Notary Public for Idaho Residing at: ~ (~~~ (~„ ~~ k l }~ Commission expires: (p - ~ ~ --{ ~ THIItD ADDENDUM TO DEVELOPMENT AGREEMENT (1VII-Q7-001 CEDAR SPRINGS PROFESSIOATAL CENTER) PAGE 6 OF 6 November 16, 2007 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. S-E REQUEST Water Main Easement Agreement for Cheerleaders Sports Bar & Grill by Blue Marlin Investments 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 fhe City of Meridian. ~yT .DO o ~DA COUIITY RE~~~ ~ PP~D ~aARRO I { ` ` 11 ~ BOISE IDAHO It~ 11~III~~I~I~I~~I~1~INIIS1~~11 ~ ~1~ ~E RDED~-RE4UEST OF iB7161 Qftq of Marfdian _ _ . _ _ _ _ _ - - -- - - - . - .- , WATER MAIN EASEMENT Q jue. hsti~°~ THIS INDENTURE, made thisc~ day of •, 20~,between sh ~~~. LLG ,the parties of the first part, and hereinafter called the Grantors, and the Clty of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, inconsideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right of--way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement EASMT WTR MAIN.doc • effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully sei2ed and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF„ the said parties of the fu~st part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: .~side~ ~7aH.a.9' ~l~ Secretary STATE OF IDAHO ) ) 5S County of Adh~ ) On this of , 20~, before me, the undersigned, a Notary Public in and for said State, perso appeared and ,known or ide ' ted to me to be the President and Secretary, respectively, of the corporation that executed the with sttument, and acknowledged to me that such corporation executed the same. 1N WTTNBSS WHEREOF, I have hereunto set my h d and affixed my official seal the day and year fist above written. {SEAL) NOTARY PUBLIC FOR Residing at ' Commission Expires: Water Main Easement EASMT WTR MAIN.doc _ • State of Idaho ) ss. County of Ada ) • On this 10~' day of October, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston H. Moore, known or identified to me to be a member and authorized representative of Blue Marlin Investments, LLC, and he duly acknowledged to me that-.he executed the within instrument on behalf of said limited liability company and that said limited liability company executed the same. - ``~~~~~NU~uNH~j~`~ ````~~~~~~EL:GIgSp~~,,~' No ary Pub is f i aho Residing at ;' r10TAFt y ~' : Comm Expires *. ~.~ :*= • PUBLIC GRANTEE: CITY OF MERIDIAN ````~~~,,,uuu~u~~,<< ~, s Tammy de Weer , ayor ~ ~ ~rFO ~~~Ta 9 Attest by William G. Berg, City Clerk ~~~~ -~~ T tit , `` ~~~~~~ Approved By City Council On: ~` ~~~~rnn ~~~,~~~~ STATE OF IDAHO, ; . ss. County of Ada ) On this oZ~~ day of ~OVember , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TANIMY DE WFERD and W]LLIAM G. BERG, 7R., 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 tome 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} ~~,•... ~ -~ ,• . ~ ~~~ p'laA ~~ • •~, ; ~~. ~,~,~ ~~ '4 ~ , ~ F ~ ` ~ , 1 ~O~ • . ~~ NOTARY PUB C FOR IDAHO Residing at: ~ 1 C~.I..UP L -, ~p Commission Expires: 1(1.1 1-1 1 Water Main Easement EASMT WTR MAIN.doc Quadrant Consulting, Inc. Exhibit A A twenty foot water main easement over a portion of Lot 11, Block 2 of Centerpointe Subdivision, Book 97 of Plats at Pages 12330-12331; Ada County Records, located in the Southeast quarter of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Southeast corner of said Section 32, from which the quarter comer common to Section 33 and the said Section 32 bears North 00°30'19" East 2654.28 feet; thence along the East line of said Section32, North 00°30'19" East, 1208.27 feet; thence North 90°00'00" West, 24.93 feet to the Northeast corner of said Lot 11; Thence North 90°00'00"West, 115.70 feet along the Northerly boundary of said Lot 11; Thence South 00°00'00" East, 2.99 feet to the Point of Beginning; Thence South 00°00'00" East,;.45.18 feet; Thence North 90°00'00" West, 92,03 feet; Thence South 00°00'00" East,, 51.33 feet; Thence North 90°00'00" West, 20.00 feet; Thence North 00°00'00" East, 60.83 feet; Thence North 90°00'00" West, 2.58 feet to a point on the Easterly boundary of Sewer and Water main Easement, Instrument number 106070932, Ada County Records; Thence along said Easterly boundary North 00°00'00" Eas#, 20.00 feet; Thence leaving said Easterly boundary North 90°00'00" East, 22.58 feet; Thence South 00°00'00" East, '9.50 feet; Thence North 90°00'00" Eas#, 63.$1 feet; Thence North 00°00'00" East, 25.18 feet; Thence North 90°00'00" East, 28.23 feet to the Point of Beginning. A~plt.A1~p Said Easement contains 4219 square feet more or less. ~°"3"O ~r° ~. ,TE ~F 1oP ~~ ~®ONy~ 1904 w. Overland • 9oise, l0 83705 • Phone {2081342-0091 • Eax (2081342-0092 • Emaif: quadront~~quodrant.c Civil Engineering • Surveying • Construction Management ~~ vu 'eu jlns o~ °Ni® 8 1f81NX3 '"~"' 4uo.lpon~~a 1N3/Y3St+3 a31YM 7712JJ ~ bt/8 S1210dS S?l3Qb37?133H~ ~-. Z ~~ ~ ~ ~~~~~`~~ g CI~~~~ a~ ~ ~ 1 e , ~ Y ~ ~ ' 1 I _ _ _ _ _ f08 AY8NDID 3fYtS) _ _ OY08 BTDPd IWNON 8NA83JN77 =~c. r ±r 9 .S6'6B1 ?lat.Of.00N .. ..._. _~.. .. ~-;(f I ~ ~. r. I I I I3) I ~ I ,' I I I ~ I ~~ I i `I. I ail ! I m ,I ^I I i I IIII ~I~ I ~I I a I F I~ I I, I I I~ I ~ ~ I I :~ I ~ I ~I I gl l ~ I I ~ . l--~„ _.. I ~_ _ 4~1 ~r 14~ ~ ,....... ._ .1...........~... a ;.: II ~ ~~ - ~ g! ~,~ ~'~ ...~. 8i.1 ~~.: _~ ~ _' ,... J ;._._ r . _ - _i t ~; ~ t<•-. I :;- . --R , -~~ ~~ Nom' /aT ~~ ~~ V ~ _.-... _ ...-.,.. ~ ~.. 1108.77 rte. n N __-- 8(~1-_- I 7 ~ i I I ,~ ~ ~` i ~ $~~ /N n I h ~~ I 1 01 9 ~ o ~_, ao0 ,OD .08 ..... i O 8i i g;a.._ •~~ ~ s ~ ~ ~ ~~ ~~ . ~ .~:~ ~ ~ 01'60 ~ ~ , I 't ~ .. _ ~ i ~ m~ i...._._ _ ~ l 1 I ,~ ~,, ~,y$~` 068 ~ BD AEG ~ ~~ I I 8 $ sooCSO .as 8 ~'- ~ ~ i ~ i ~ _ _ _ .+s•as1 'ai.scosusr+- °"'-" eve-c-J----1"- -- _ _ r:_...._. -+- _ -~ - - _ ~ _.-..:i- ~1 6:..;. <-'- _ _ -s~'rn _"~. _ - ~,~ _ 1 M '~~ ~ I ~d' ~J • City of Meridian Public Works Dep#. y ~ ~~ ~~ ~a "~;, ~ . Memo To: Mayor De Weerd 8~ City Council From Karie Glenn CC: File Date: 10/19/2007 R~ Proposed Agenda Items far 11/7/07 City Council Meeting ~®~~ 6 ~ ~~~i~~, ~~~y «~~~ ~~~~~~~r ~~~~ ~~l~r~a ~~~~~~ The Public Works Department respectfully requests that the following items be placed on the 11/7/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easeement for Cheerleaders Snorts Bar 8~ Grill by Blue Marlin Investments. Typical Water Main Easeement. Recommended Council Action: Approve the Water Main Easeement for Cheerleaders Sports Bar $ Grill by Blue Marlin Investments and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. • Page 1 • V6IATER MAIN EASEMENT Q(u~ he~j~ THIS INDENTURE, made this -day of , 20 between ~w ~¢SF+•-+a~..-.~5, ~-~-~- ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WTTNESSETH: WHEREAS, the Grantors desire to provide a wafer main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NO~V, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B} The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed therein violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Gratttee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement EASMT WTR MAIN.doc s ~ effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the fast part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ,''1 .-~'-~sit~~ i7a~.9~~ - -~ " ~~Q. Secretary STATE OF II}AHO ) ss County of Adm.., ) On this _~ of , 20___, before me, the undersigned, a Notary Public in and for said State, perso Y appeared and known or idelitified to me to be the President and Secretary, respectively, of the corporation that executed the with strument, and acknowledged to me that such corporation executed the same. 1N WITNESS WHEREOF, I have hereunto set my h and affixed my official seal the day and year fist above written. (SEAL) NOTARY PUBLIC FOR ID 0 Residing at Commission Expires: Water Main Easement EASMT WTR MAIN.doc ! ~ State of Idaho ) ss. County of Ada ) On this 10~' day of October, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston H. Moore, known or identified to me to be a member and authorized representative of Blue Marlin Investments, LLC, and he duly acknowledged to me that he executed the within instrument on behalf of said limited liability company and that said limited liability company executed the same. ~(; / Nottary Pub is f I aho ~ o :.. .•.~• ~ Residing at , .~~ `.~ ~:~ ~,L.{-- NOTARY •; Comm Expires1'~i - t -'> ~ ~~ i Z i*. •*= ~.~ • : ~"UBLIC ,~ GRANTEE: CTTY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada On this day of . 2t?~,, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WII.LIAM G. BERG, JR., lrnown 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 ofFcial seal the day and year first above written. (SEAL} NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR MAIN.doc ®® Quadrant Consulting, Inc. Exhibit A A twenty foot water main easement over a portion of Lot 11, Block 2 of Centerpointe Subdivision, Book 97 of Plats at Pages 12330-12331; Ada County Records, located in the Southeast quarter of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Southeast comer of said Section 32, from which the quarter comer common to Section 33 and the said Section 32 bears North 00°30'19" East 2654.28 feet; thence along the East line of said Section32, North 00°30'19" East, 1208.27 feet; thence North 90°00'00" West, 24.93 feet to the Northeast corner of said Lot 11; Thence North 90°00'00" West, 115.70 feet along the Northerly boundary of said Lot 11; Thence South 00°00'00" East, 2.99 feet to the Point of Beginning; Thence South 00°00'00" East, 45.18 feet; Thence North 90°00'00" West, 92.03 feet; Thence South 00°00'00" East, 51.33 feet; Thence North 90°00'00" West, 20.00 feet; Thence North 00°00'00" East, 60.83 feet; Thence North 90°00'00" West, 2.58 feet to a point on the Easterly boundary of Sewer and Water main Easement, Instrument number 106070932, Ada County Records; Thence along said Easterly boundary North 00°00'00" East, 20.00 feet; Thence leaving said Easterly boundary North 90°00'00" East, 22.58 feet; Thence South 00°00'00" East, 9.50 feet; Thence North 90°00'00" East, 63.81 feet; Thence North 00°00'00" East, 25.18 feet; Thence North 90°00'00" East, 28.23 feet to the Point of Beginning. ~ LAND. Said Easement contains 4219 square feet more or less. ~r~ o ~ 6 ~o ~o 3~ of ~~A~J~/ ~l! i904 W.Overland Boise.ID83705 Phone (208) 342-0091 Fax (2081342-0092 Emoil:quadrant~~quadrant.cc Civil Engineering • Surveying • Construction Management ,""°" "°'~ ~~ 8 1tBfHX3 rmmiun ~au~'6u~;Insuo~ }uoaPon~~Al'I 1N3Y135d3 N3ldM ,,,, 1!!!i lll?J~ ~8 ?JV8 S12/OdS S~13ab372133H~ _~„~, ~,;;„~„ ~~ ~~ ~~ ~~~~~ _~ OR i i ~ ~ H ~ ~ ~ ~ S ~ ~ ~ Q J` : ~~I ~ ~~~1`~~~~~~~a~~s~~~~~~ ~y ~~ r ~ ~ D ~ 4 ~ O ~ G e ( ~ I ` ~p'~~ S 'r: ~ - ~` I I ~ , t7~w ___ _ _ _ _ _ !B4 AYyHDfH 91YiS/ _ _ _ GYGI 31DYy H1HOH 3HrlH3.LN97 ... .. _ $ ... .. ` Np0'.f0' I9'£ /~--~~ 12D9.2T R w V ~r ~ _ ~.: _._ __ ~.~ h 1 i ~ t-- ' I I I I I I I~-_ I '' I ; II _ ___ . , . _ ,_ - __ _ _~__ _ ~ ~ _ i ~ . . ____ _ _ _ i (,I I 11~ i~ . _ r' Ir $'„ I , ~ ' ~ I ~' ~~ ~ s , ' I _ q ~~ _. ~ ~ s~ m $~ I ' II 4 ~ I m! I ~ I j B7 Y M1 O ~ ~~ I I 1 aw .~ .~ +~ ~ ~ o : I I h ~ . ~ ~ P I' I ~, ~~ I 4' q I ~ w I ~'~,I~ ~:;I I ~ y~ ~ ~~ g~ ~ ~ , ~ I a ~ ~ ~ I I I ~ ~ t W ;fig 3 osa ~ .00 ~ I I . ~ ,~ ~~= I 3 t l I I_ I r j ~.. ~ _ .__ ~____, _ __ _.,.. ,. .. ._. g _.. _. ~ _ ~_-_~ .... _o _.s $ b - i ~` ~~ .... ........ . ~ 3 a0 OD .QN .... ~ A o ~ar.aD.mr ~~ti J ---_---~__i__ 'rseai . m at,aooora -__-_ ~'-ei rti -"ter --~ g - - ! _... z _.I -~ ~. ,_ ._.._. ..___. ...._.._. .. ._ ....._ .... ._..._..,_.. . . - - - ., ~ _ 1 ~ #~ ~3 ` W November 16, 20x7 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. 5-F REQUEST Sanitary Sewer Easement Agreement for Jaykel's Subdivision by Chester Properties, i i r' 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 Inifials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See aifached ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6 ~ 901SE IDAH01?J06/07 01:~ PM + I I RECORDEDenREQUESTI OF II ~ ~ ~ ~~ ~~ ~~~~ ~•~~ ~~ ! I II ~~ ~~~~ (~ ~ !~~ ~~~ City of Meridiao 1071~i'g79 SANITARY SEWER EASEMENT ti ' THIS INDEN'T'URE, made this 25~' day of October, 200'7, between Chester Properties, LLC, the patties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, • Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewerright-of way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and . WHEREAS, it will be necessary to maintain and service said pipeline from tune to time by the Grantee; 1 NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto ! the Grantee the right-of--way for an easement for the operation and maintenance of a sewer ' line over and across the following described property: (SEE ATTACHED EXHIBIT A and E) The easement hereby granted is for the purpose of construction and operation of an • underground sanitary sewer line and their allied facilities, together with their maintenance, ' repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's • successors and assigns forever. ~ I'T IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, ' that after making repairs or performing other maintenance, Grantee shall restore the azea of ~ the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring ~ anything placed within the area described in this easement that was placed there in violation of this easement. ` THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area ' Sewer Main Easement 1 \~PltappsOiU'roLawlDocuments1E88ers, JoAim126354\Blank Word DocumenAi2805.doc ~~ww~ ~~ •y r~i described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 'THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries '' of any public street, then, to such extent, such right-of way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become ~. null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they aze lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. 4 IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed their i; signature the day and year first herein above written. GRANTOR: CHESTER PROPERTIES, LLC ,, '~ Jo Eggers, Member STATE OF IDAHO) ss County of Ada ) ~, ' On this day of October, in the yeaz 2U07, before me, a Notary Public in and for said State, personally appeared Jo Ann Eggers, known or identified to me to be a member of Chester Properties, LLC, a limited liability company, one of the members who subscribed said limited liability company name to the foregoing instrume aclanowled e o me that she executed the ~. same in said liability company name. _ ~p••' g.. FR,~lp~., • ~ ~' 9~ t ~,oTaR y ~' ' NOTARY P IC FOR ID $' ~... Commission Expues: u Z- 3 pU LAG .~~~. qr~ ... 1OP ~'~~ 6 Sewer Main Easement 2 \\Ntapps0l\ProLaw\Docw~nts\Eggers, ]oAnn\26354\Blank Word Document\12805.doc ~. ~,~ c~.-~ • GRAN'T'EE: CITY OF MERIDIAN t. Tammy de W~fd, Mayor ````~~ .~~'''~ ~ ~, ~ ~ f ~ 1 ~~,''%,~i% '. v , ~~ a fG-- o '~ Attest by William G. Ber , city erk ~~e~~ 9 ~~ ti Approved By City Council On: = ~ • ~ ili .STATE OF IDAHO, ) . ss. county of Ada ) ~~ On this ~ day of~ctober, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeazed TAMMY DE WEERD and WILLIAM G. ~. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,..... ~ ••~. ~• G~,•. (SEAL) ~•~~ ; OTA~p~',~,if,,: • . ~ . • ±: • • • ;~ ` ~ ~, ~ ~ ~ i • ~ ~ ~ '' • : i • • ~ ~ • .~ ,% i . •1 • ~~.~~• ~, t~ OTARY PUBLIC FOR IDAHO Commission Expires: ~ 0-1 I -- ~ ~ Sewer Main Easement 3 ~' \\Ntapps0l\Prot.aw\Documents\Eggers, ]oAnn\26354\Blank Word Document\12805.doc - EXHIBIT A '' Legal Description of Sewer Easement °' ~'coje€~t" X42.. OF~l~T~I sAtv~rrA~~ g~ ~~~~~r Tvvo p~rGels 4f ~:a~d ~~tted in the sdotlaeast.'~.~ of ,tie ~utlaeast / of Seet•:o~ 21, .san-d iaa #lZe sout~~~. %4 ~~ ~~ .s;~~tla~est glq of S~a1i ~~, '~~ ~ Nark, ~~~ 1 1~tesG, ~•~is~ J.~eri~d~tn., ~ki~ tau, ~~~ ~au~; Ids, ~,o~ 1~e~~Y ~~c~i~~d -~ M ' ~~ ~~ ! . . ~. ~~ fS?~`A$x ~k~°~~-•'~~G~6]~ 1~CS, ~'.~~.°~.'~'~7'.~ Q>7.~.~ Wit, t~1fAC~.~>. `oYl~ ~~ ~Atz l~uae c.+~]t?#~ ~~eatlo 21 aid 2~, A} •N:1}f?~3d'3~""~:, ~6.fl0 ~ feet tQ ~ paw on die nor~aerly ~igh~:-~~~~~ die of eta ,g~r~~.y ~?.f3~ t~.e ~'~~:fiIT B1Y?~s t.~, •~lr~~sg saac~ ~~ ~,t-~~~~~y :kip,, . ~. . . ~} ~$ °~~i:°~..r ~3 ~61 feet t~ ~a.~ ~i~ o~ a 3a~-g.t ~~ ~ii~c~~, 5) ~1~i.i.~~t~rrly :~1o~i,g s~,d eve to ~e x~ liming ~. xis ~?~ 1Qf ~ ~~ Wit:, ~t ~_ - ° ~~ ~f ~~ b~ feet, tli~or a ~~ ~i~ 4~ ©:l'~i4`~,, ~ ~ o~~~cd ~~ d.,~;~S.e, Q~' ~.~~~:~'~~rZ~s~r~y 2~. l~''3 f# tc~ tl`1~ ~¢EG~a~ ~1~1 tlxe ~; ' ~~?~- ~e• ~~.ot~ ~~- ~ ~~o; ~t~a:~e, std ~ect~o~. lln~, ~oi>" ' ~~ ~.-t14?'~.3;''t~.f.3S9.2~6 ~~t to ~lt'~ P~}`~~ ~~~~ ..~' .. .~ . ,. -~ ~? .~ ~a~.~~ ~~.1.3 s.Gxa, in~i~..~x less. •-. .. . CQl~G'Y~t~ at die sc~u~aiw-~st corer uft~:tioa ~2, ~rffi wl~i~~oi~tt, tie ec~txt ,, gtte~ corizer ,aT .saY~- s:ion bars, ~$9°17'1'~s~., ~~4'X.16 f?e 'tbc+e;~ .along tl~ ' ~e~,an lifts a,~fiioii ~ ~$cti+~tis ~1 ~d 22,, - ~} l~'~OQ°3Q~~'~"$., 40.0 feet Io ~ fit ¢u ~ mQrt~~ly rat-c-~'~~y line of - '$t~te ~,~liway ~O>'~$; ~;ie~l;G$, ~o std i`~g~it-O~ W~}~ ~I.~ : . '' ~} '~ $,~al'7'~7"•~., 3O.Q0 feet td ~: ab'~~t c~r~~r of Ott ~, ~~o~~ .l ~o~~aina ~~n~,isz;~n. rt~ecorded iH ~~~ ~l <:~-~,~ta~~x ~t l'ag tom. ~~~~y .~da °~inr, Ards. Said paial bed ~ t~s~~~on. a-~ie ~:pr~ae~y~:t~~=~x+ay ~~.o ~~ said ta#e l~h~u~3r 20120 tlt. ~;e easterly ~,~t»o~ ~vay .e Hof ~. lack ~~at load:; tlte~ce, aloes tlto ~e~tez~:y tae o~ said ~. ~t#bdW~~on, • I7} 1~x4(?`~.0'33"E., 322.ti6 f$st~ :tca > ~~f3~~'f U~ B~'~~~NC; theme, ~orii:~i ~lon~ said bv~est~ray ~iatt~, • EXHTBTT A TO SEWER EASEMENT -Page 1 of 2 \lNtappsOl~ProLaw~lpocwrnnts~Eg$ers, JoAnn~26354~Bfank Word Doawirent112BOS.doc ~ ~~~~ i?att~: Att id, 20QZ ,. ~a~e: ~ 2 of 7} ~i~~b°~0''~~"~„17Q~~3~~eet~'~pt~e~~~"un~:ofanon~t~ge~tc?~iw+a,t"k~:o~; . :, $} N'oi~kive~sterl~ ~~Sti~ s~i~l curie to~ ~g"ht 1~~. a xac~cts cif ~$1tl fit, ag ~€~ o£' ~f~9:14 feet, tkaroia a. ce~ral and crf ~.1°l ~'(~7", c~ a c~,o~cl :• . 13.x. ~i;~ica ©.f~i T.22:°29'09''$:, 20$:$0 €es~, tlcnE.e; ta~g8nt ~:om said - ~}, . ~. ~. ~} ~ 2~'°~41'3~'"1~., X99:49 fcet; th~c~; . ld} $ .6.~a~5'3~i''~., .83.93 feet t4 the beg~n'~ng of & tangent Vie, ih~ae, ~, 1 i} ~out~ie~ist~ty alan~g said cu~vo to ilac 1Eft'havitlg a radius of l 1b~.33 felt, air arc ~:et~gtlx a~ 841.~'~ feet, tl~song~i a central angle of 41°18'Od", and a. curd • hea$: and.. dsta~~ of S.~$°14'40'x„ $23..3? feet to a Pou3t on #~e ~t-~r-l~- .a of sail sot~tl~~est l~ of die soxttti~+~st~'!a Uf said 3eEtioxu 22; th~i>, along V~£~~Fly 1111, T10~1-tallg~~ ~CO~' C~ G~.1-{~a . 12} ~z~~°~i?h~3~"~., 36.4 :k~et to Y~.e ~ ,~'~ of a~ #~bn-t~ge~at ~c~r~e~ r~ a brie ;~ara1%~ ~i~ith mud 35.00 feet sou~i:~r~l pf tie ~bo~a:descrz'~~ ~fl~es-10'• and Y 1 tcep ~lca~;g. satil par.~llei :lute Hugh the fo~lmwang c~a~ses: 13j No~~~.1~ .ata~ug• said cure to •~e ng~at ~~g ~a radios •o~ 1:~O2ti~~ Wit, ,an arc lest ~~ 855 ~i , ari arc t.~~gi •of 85b:41 met, tl~ra~,gli. a ee~itr~1 at~$La . of 40~4$'~•0", ~a~. a cltoxde Ong a~€~tI di.ca of ~i.84°59'~"~":,, 8~.$ 42 £e e~ee~, ~ngent fr~n saticl curue~ ~-4} ~1:f~°~S':~~~"~'., 2,47.9 feet to '~~g~:~utig .of' a- no~t~~euf carve, dace; . i~vi,-sd ~ax`a11~1 dine, ~ ' Y5} ~o~ite~ty Mang sad ~ ra -e ~ iiarri~g a radi~iis a~ ~8:#3~S ~~~ att'c - ~. lefs~lt o~'~~ ~ feet, sigh a ~e3~tr~.e.of 2~`~22'~6">'.~--~:-cl~ ~e d;,dlst~ce .b~ ~. 40~'~~"., x.30 fit. to .a 0~ ~i:Vie°1 v;~Yh ~..~~ 44 - ~dut~easte~Yy of:t~:e ahe~-etdesc.~.~ed-gar 7 tl~ti -9, tare,. a~ax~: skid pke~ Vie, Y~g~aat ~io~ saes +~ ~ . `l~} -5~2~'"~~~~''.; 268 b''7 f~~p'~ef~r~~ af~~~t e~ve;;'tl~,ence, ,~ x~} ~o~tt't°eecl~ slang ~atd ~cu~r$ ~ai~ ~e~ -bja~a ir~di~,s ~f. i~00~~~ €c~ ~+. • ~ 3~t~:td. tlstance •af ~. l $~~~''~~' ,. ~2~,1~~ feet, tlte~x~, ~ ltd . 1$} '?~"~41.; 26.2`fi feet tv ~lte~'~~1~" • ~~G1:1~-~. - . ~S #~ ~~~ 1.3~ acres, more ox ~: .. - P ~~,;~g 5.41 acres, ~a~e ~x ~e~. • ~~ ~(?.~r.~ 'Covefaants, Right Zt$~.~~0~''1~'~y, F~semerits ttf Recot~: ~d o~iei • Z~tcu~btan~es~" :. ~ ~ ~ . . ~XI~ ~"~'*~~°a~ed, and ley this ~fe#eirce;:r~ade a,pt h+~a>£ ,. c~:~~oaaai~ ss~~~ ~+~ - . EXHIBIT A TO SEWER EASEMENT -Page 2 of 2 ' iWtappsOlWroLawlDocwnen~Eggecs. JoAne~2635A~BIank Wwd Documend12805.doc ~~~~~~ ~~ P 9~1 ~' N 13O °a~ ' ^ oa~ ~~~ ' ~` ,•. R R ~reZ ~~ ~O~ ~~ ~~~ O ~ ~ ? $~ ~ F~ ~ ~~~ L ~Q7L ~ ~~_~ ~~~ ~, W ~ ~~ ,. ~ 0.~ ~~ h ~. ~~ M i U ~' G ~ M~ ^ O ~ r N O: N N. •M~M _ 00.OD N r N t ' ~ ~ e~~ ` ~ ~ ^ o g~ ~ ~ _ t A N r~? N M m g ~ f3 ~ z ~q~ tn ~ ~0 tr z n ° ~ a ~ a o a a ~o~g a M a ~~ ~ : d •n N M F- G ~ r :- r r ~ ~ Iff N ~ r ... 0 ~ _ N pj N r: t ~~ ''" IlI M ~ c Op O a0 "a~,~M 1~ tV O O N ~ so O r m O r mo r:N .~ •r .ao N g r V N U M'Q' U U IA V tO U ?4, ~ ~ ~ r to 0 c ~ O~f .,~ 1~ ~ O ri ~^ M M O. ~ ~ tc M N «i N O ti d .O o M g d'" ~ ~ ~ aW ~ ~ W W M 2 tG d~ d N O ;n tO M M ~ m N i7 M l~ r (" ~ d` N .- 0 1n W d' O M ~ M pf 'd' O M 1~ ~" z ` ,' b, 0 b 0 i~ 0 bo 0 b 0 F~ 0 Bo 0 b 0 b, ~ z z z z z u- v~ z Z ~ N M ~ .~ m n ~ap af ~ J J J J J J .J J J 0' ~ ~~ I A '~ ~E ~aa ~~ a ~a ca J ~ Q'~02I Z~~ }I~~'IS 'l~iJ ,~ ,-~ O a N p w of ~~~ ~~ 1 g m w I! II ~ ~ I I ~ ~O ~O N I ~ r• 1~ Z W A Z xj t i I 0 °a~ N! ~ _, ~~ ~ I ~ J ~. O °o 0 Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 11 /7/2007 Re: Proposed Agenda Items for 11/13/07 City Council Meeting --~~a_,- ,~~AA > ~~+~~~- evlf~y' ~~. lv~.t5 _ ~Li ~it;~ ,~1~-~'k-: ~~=:~.w The Public Works Department respectfully requests that the following items be placed on the 11/13/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer Easement for Jayker's Subdivision by Chester Properties LLC. Typical Sanitary Sewer Easement . Recommended Council Action: Approve the Sanitary Sewer Easement for Jayker's Subdivision by Chester Properties LLC and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer Easement for Jayker's Subdivision by TreeHaven LLC. Typical Sanitary Sewer Easement . Recommended Council Action: Approve the Sanitary Sewer Easement for Jayker's Subdivision by TreeHaven LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. City of Meridian Public Works Dept. • Page 1 • • SANITARY SEWER EASEMENT THIS INDENTURE, made this 25~' day of October, 2007, between Chester Properties, LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewerright-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of an underground sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-off way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area Sewer Main Easement 1\iVtappsOl~ProLaw~OCUments~EgBers, JoA>m126354~Blank Word i~cumenA12805.doc • described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed their signature the day and year first herein above written. GRANTOR: CHESTER PROPERTIES, LLC Jo Eggers, Member STATE OF IDAHO ) ~ ss County of Ada } '~„ On this ~ day of October, in the year 2007, before me, a Notary Public in and for said State, personally appeared Jo Ann Eggers, known or identified to me to be a member of Chester Properties, LLC, a limited liability company, one of the members who subscribed said limited liability company name to the foregoing instrume acknowled e o me that she executed the same in said li~iability company name. •a••'" g. FRB, t ~OTARJ~ NOTARY P IC FOR ID ....- ~ Commission Expires:' u Z- ~'UBL~G ~}' Sewer Main Easement 2 \1Ntapps0l \ProLaw\Docimrents\Eggers. JoAnn\263541Btank Word Documeofl12805.doC ! ~ GRANTEE: Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk On this _ day of October, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TANIMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Commission Expires: Sewer Main Easement 1\Ntapps0l \Prol,aw\Documents\Eggets, ]oAtm\26354\Blank Word Docent\I2805.doc EXHIBIT A Legal Description of Sewer Easement Project: 07~ Bate: Augusfi 1.6, ~~7 Page: l t~~Z CIT"1C ~F 14~~ ~SiI'1'AItY' SE'~'E~ P~~~ Twc~ parcels of land situatoti in Chc southeast ;d.~ of the southeast % of Section ~1, and in the sottthwe~t $~a of the southwt~t 'lo of Section 22, Township 4 t~torth, Mange 1 West, Boise h~ieridian, pity of. Meridian, Ada Countg, idaha, more partculaarly described as follows: AS~~~1~fiT ~:~~` ~~ at film soufihwest corner of said S~ti€~n 22, fr+am which print, the south qtr corner of said section b~~s, 5.~9°1.7'l7"E., ~fi~'7.1~ feet; thence, slang the section line cornmon ~ S~tiox-s ~ 1 anti ~2, A} 13.t}(l~3t1~33"B., 40,{lit feet to a pint art the northerly right-of--way line of State highway 2~7i26 and the POIt~IT Ql~ $BG~t~il°+1G; th+~-crs, along said. right-off way tine, l) N.S9°24'4~'''~., 29.15 feet,; tl3enc~ } l~.t~0°tll'2~"`1~~.,19fl.95 fe~9 tl~eta~, ~) 1~,fl5°S9'59"'I., "74.95 feet; thence, 4) 1~.{l$'~49'26'4E., 73.61 feat to the beguuaix-g of a tangent cure; th+~ce, ~} N+o~easterly along said cue to the r%gltt having a radius of 1UGS.10 feet, an a~ tetagth cif 2 Z .05 feet, through a c~tral angle of 0107'45, and a chord bearix ar~d distance of ri.08°59'2?"T., 2l .05 feet to thu intersECtion with the _ section common to said sectiot~-, thy, along said section linc, non- tang~nt m sold curve, G) S.0!~30'33"~~'., 359.26 felt to the FCI Cl~ B~G"J1I'Vi~'I1V`~. S~,IA 1'AIiL coutairring 0. l 3 ate, n~o~ or l~s. ~AS~~1T ~» ~iDh~MEI'~~G at tl~ southwest carne of said Section 22, frr~m which point, the south quarter comer. of said section bears, 5,59°27'17"E., 264fi.I6 feet; thence, along the aectiaza line common to Sectious ~ 1 and 22, B) N.fl4Q3Q.'33"E., 40.00 feet to a poirst on the northerly right-of way line of ~ta~e highway 20!26; thence, al~x-g said rig~it-of-wuy lin+~ C~ 5.59°l'7'l?"~., 30.00 feet to the southwest corner of Lot 1, Bloch 1 of Putx~a Subdivision record~l in. Brook. 'ir1 of Plats at pages ?7G4 they '7265, Ada O~uat~t records. Said point being the inttion of the northerlyright-of way line +~f said State Highway 20 with the easterly right-of ~.a+ay line of 1~t. Bak Cat load; thence, along the westerly line of said Puma Subdivision, D} 1~t,0tl®30'33"E., 322.06 feet to fife POIi~T Qp' Blut~'V2TING; thence, conxinuing along said westerly-tine, EXHIBIT A TO SEWER EASEMENT -Page 1 of 2 \VVtapps~l~ProLaw~Documen~Eggers, Joannl2assme~anlc worn nooumena123os.aoa Date: August 1G, 2007 Page; 2 of ?} I~I.00°3t}'~3"E.,17Q,33 feet tc~ the Bening of anan-tangent cc~e; thence, $) N`brtheasterly slang said curve to the right having a radius of t 068,14 feet, an sec lengtl.~ of 249.14 feet, through a central. angle of 11°l3't?T', and a chard l~~itrag and distance ofN>22`~9'09"F., 248.$0 feet; thence, taragertt fram said curare, ~} Na7°~1'3~'~., 29.49 ~ theme, i0} s.°35'37"E., ?.$3.93 feet fia the beg~nnheg of a tangent cearve; th~c~, 1 i) Sautlacasterty slang said cut~ve tc~ the left having a radius oft 167.33 feet, an arc length of 841.47 feet, though a c~tral angle of 41°1$'46", and a chord bearing and distance of S.$S°i4'4t1'fi., 823.37 feet to a paint on the eastertla line of said southwest. f~ of the southwest'la of said Section 22; 4xence, along said westerly line, non-tangent from said curve, 12} 5.00°30'43"W., 36.44 feet to the beginning of a nan-tangent curve, on a tine parallel with and 35.00 feet southerly of t~.e above-d~~ courses 10 and 11; tlxettce, att~ng said parallel line through the followir-g courses: 13} l~lorthwestexly a>iang said. curve to the right having a radius of 1.242:33 fit, an arc ien of $56.41 feet, an sec l~gEh of 856.41 feet, through a central angle of 44°4$'4~", and a chord lung arrd distance of N.84°59°57"t~l., $38.42 feet; th~tce, tangent from S'dlCl Cue1~e, i4} IV>6~°3S°37°"~'4~., 2;47.59 feet to the liegiffiinig of a non tangent curve; ~erbce, leaving said parallel tine, 15} Sotrtli~v~terty a].orag mid cure to the left having; a radius of 28.40 feet, an arc ier~th o#' 12.411 feet, tltraugh a cetrtral angle of 25°22'36", and a chard bearing and distance of 5.4(t°22'56"~$., 1.2:3Q f tc~ a line parallel. with at~d 35.40 fit southeasterly of the at~ve-descn"bcd courses 7 thru 9; ttce. slang said pmuttel line, tangent from said mac, 16} S.2'~"41'39"fir., 268.87 feet to the t~egtn~ of a tangent curv+~, thence, l7} Southwesterly along said. curve to the led Iiaviung a radius of 1442.13 fiat, an arc length of 325.53 feet, through a central angle of i$°3642", and a chard ixin~ and dist~ce of S.1$°13'S9"1~V., 324,14 feet; them, tan from said curve, 18} 5.41!849`26"~., 26.Z8 fact to the ~Ol~'T QF ~EGII~E~-. SA:~D FA~4,C~L containing 1.35 acres, more or Ices. SAKI FAItCEi. ca~.taming 5.91 acres, more ar less. SIJBJEG~ Tt), all Covenants, Rights, bights-erf-Way, Easemer-ts of Record, and aver Eiutumbrrancces. E)i3~IBI'i' ~$~ attached, and by flue rseferent~ made a part hetea£ c:e±~~~ ss B~,g~rs.d~ EXHIBIT A TO SEWER EASEMENT -Page 2 of 2 lWtappsOl~ProLawWocumentslEgEars. JoAon126354~Blank Word i?ocument112805.doc 0 N ~ ~j °n ~F1j o 0 0 9-l ~ ~~ 35, at ~~ N ~ ~ v ~~ ~ ~ Z~ ~ w i9' N ~ m ~~8 M ~ ~ ,~ ~ ~ U ~ ~ ~~~ ~ ~~~ W ~ s ~~c ~ ca `...{ o ~~jQ N a ~ ~~~ ~ ~ ~ .. ~~~ \~ ~ r ~p - o C~ .^-- A ., ~ z ~ ~~~ ~"' a ~ ~ Z ~ ~~ ~ ~, q cat ~ U a~~ ~ ~ ~ H ~..i h ~+ ~, a ~ 0 y~O P, ~ ~ X88 ~ Z 6~ ssZ 6 ~sF l~~t~~ ~ m Fl~~~N !, a w J o M ~ so•az£ ~ ~ - -` s •ssF- - - - a~o~ s~~ xo~s •~ V J '.1 ~Q~ J~ oy`~•~ ~~ ~ m ~ ~ 3 0 ~o ~ co'~,~, ~~ ~°a o O~ 0 ~ ~ CO MNd ' ~ O ~ P N N • ONO~ P M g ~ a ` CJ a I~ N W o O^ :trn u~ rn 0 0 '~ Of ~ tV N M_ ~ ZV ~ ~ Z 2 fm/1 2 V! W J F a ~ e 0 et~ e 0 a~p t~ a ~ 1= d r pppp ~tt N i~ ,.` 0 0 P r ~ P ~ ~ a ~ ~~ g ~ ~] '- N O ~O ~ N .- N M J N ~ o o r~r~ ~ ~ m O c°~ O mo ~ N ao N o O .- ~ ~ .- .- U N Md' U U O U t0 U U ~ .O- ~ G? ~ ~ n 0 ~ ~ ~ ~ M N N aOa d' O M ~ ~ +~ gg E~ 22 r a Z ~ N •tg N t M~ M H tM~ M S ~ d~ N ~- O W O m d- 0 MI • W d~ pp M w b tr~ 5o b b 5p b iA ~ i z z i z r°n °z °~i 2 j J N J M J d• J +n J tC J 1~ J ~ Of J ~ • November 1 b, 2007 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. S-G REQUEST Sanitary Sewer Easement Agreement for Jayker's Subdivision by Treehaven, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. __ ___ ~~ 5 ~A°A COU ~ R210610i 01:~ pM° NAVARRO AMOUNT .00 Boisi: ioA III IIIGIIIlll11111illllllll1111 III III OEPUTY OanieAe BouleNe ~ry ORQMa~dianEQUEST OF 10716178 k - - --- -- - - --- --- -- ---- - - - - SANITARY SEWER EASEMENT THIS INDENTURE, made this ~ day of October, 2007, between TreeHaven LLC, the parties of the first part, and hereinafter called the "Grantor", and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the "Grantee"; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewerright-of--way across the premises and property hereinafter particulazly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time'by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Granteetheright-of--way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of an underground sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the azea of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the azea described in this easement that was placed there in violation of this easement. SEWER MAIN EASEMENT -Page 1 Q\Documents and Settinga\wmickler.OEIPROP\[.ocal Setti~\Temparary lnittnet Fl7a\OLKIOA\Sewa Eeso~nt - Treehaven.dnc ~~~~+ • THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for tlvs easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and ~~ possessed of the aforementioned and described tract of land, and that they have a good and lawful • right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNES'S WI~REOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ss County of Ada ) TreeHaven L~ Derick O'Neill, Manager On this ~ day of October, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Derick O'Neill, known or identified to me to be the Manager of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~.••'"v ER O,q~ ••~. `'~ ~4~ieejeoeeeoeeo~~' (SEAL) m e, ~QTgRY es s e j e a90m e s 'e pUBL~G m~ ~~i ~~ ~e oeo ,,ss~~'9rE OF 19~~~1 NOTARY PUB FOR ID O Commission Expires: U lD SEWER MAIlV EASEMENT -Page 2 C:Wocuments and Sett~wmickler.OEIPROPUucn1 SettnigsVl'empo~ary Internet FOcstOLK10AlSewer Easement - Treehaven.doc ~ '~ _ /! GRANTEE: STATE OF IDAHO, ) . ss. County of Ada ~ ) ~~ . ~t-rlttl nII~~ -I+~ {~Oyt~loer' On this ~ day of 9e°~eber, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WII,LIAM G. BERG, JR., 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. .•~,p, M. 4- •. (SEAL) --- -, . ~ ~ . . . ~~. • ~' `:aLZ~L-Q~Q~i ~ CITY OF MERIDIAN ~='~~.C~~ ~t,1111I I It~~,, Tammy de We ,Mayor ~,~~`,~~ ~' \\ ~ Attest by William G. Berg; Cit}t Cl 1~ °'"°~~-- Approved By City Council On: NOTARY PUBLIC FOR IDAHO Commission Expires: 1 ~- l l" I ~ SEWER MAIN EASEMENT -Page 3 C:\Documents mul Satings\wmiclcler.OEtPROPllaeal Setfv~gslTempoiary Intcmet F1es\OLKIOA\Seaer Eaaemmt - Trcehaven.doc ~~1i EXHIBIT A Legal Description Project: 070(}2 Date: August 17, 2007 Page: 1 of 1 CITY OF 'iVIEI~DIAIV SAN:IT'ARY SEWER EASEMENT • A parcel of laltd situated in the southeast %a of the soutlt~vest'/a of Section 22, Township 4 North, Range 1 West, Boise lUieridian, City of Meridian, Ada County, Idaho, mare particularly described as follows: COIVIMENCIY~TG at the southwest corner of said Section 22, from which point, the south quarter coiner of said section bears, 5.89°I7'17"'E., 2647.16 feet; thence, along the south lute of said section, A) S.89°17' 17"B., 1323.58 feet to the west 1116 corner common to Sections 22 and 2?; thence, along the westerly line of said southeast %a of the southwest'/a of section. 22, B) N.00°30'43"E., 780.09 feet to the POINT OF BEGINNING; thence, continuing„ 1) N.00°30'43"W., 36.44 feet to the beginning of a naa-tangent curve; thence, 2) Northeasterly along said cun+e to the left having a radius of 1167.33 feet, an arc length of 273.98 feet, through a central angle of 13°26'51,", and a chord bearing and distance of N.67°22'S2"E., 273.35 feet; thence, tangent from said GUrd®, 3) N.60°39'26'3~., 541.72 feet; thence, 4) 5.19°34'5$"E., 35.51 feet to a line pattallel with and 35.00 feet southeasterly of the above-described courses 2 and 3; thence, along said parallel line through the following courses: 5) 5.60°39'26"E., 535.70 feet to the beginning of a tangent curve; thence, 6) $outhwestet'ly along said curare to the right having a radius of 1202.33 feefi, an arc length of 292.48 feet, through a central angle of 13°56' 17, and a chord bearing and distance of 5.67°37'34"W., 291.76 feet to the POINT OF BF.GINNiNG. SAID PAi<ZCEL tontair-ing 0.66 acres, more or less. SUBJECT TO, all Covenants, Rights, Rights-of--Way, Easements of Record, and other Encur>ttbrances. EXHIBIT "B" attached, and. by this reference made a part hereof. EXHIBIT A TO SEWER MAIN EASEMENT -Page 1 C:\Daw~nts a~ Settings\wmiekler.OEIPROPU.ocal Settings\Tempoiary Internet Files\OLKIOAlSewer Easement - Treehaven.doc ~I ~3QQ 1 elf EXHIBIT B Depiction of Easement A PARCEL OF LAND 51TUATEO IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 22, TOtP1NSHiP 4 NORTI-i, RANGE 9 WE5T, BOISE AdERIDIAN, CITY OF MERIDUW, ADA COUNTY, IDAHO. 2007 IANp 0 I 8022 ~ POINT (!F' O 9~F ~pP y~ ~`"'---.~ BEGINNING F!`sdtV O B~D~P a °'I ~I PU11~A SUBbIVISIQN ~, BK 71 PG 7264-726~i • LOT 2 ~,°~ • ~ UNE TABLE UNE BEARING ANCE L-1 3 ' °E 36.44 L-2 Si9'34'58"E 35.51 ~I ;. CUR1~ TABLE CUR1fE RADIUS LENGTH DELTA BEARING LENGTH C-i 1167.33 273.98 3' '57' N6T22' 273.35 C-3 1202.33 292.4$ 13'56'17° 6T3 ' 4"W 291.76 2i 22 132~3.5_8~ 1 - - - - --~---- 22 '\i S$9' 17' 17"E 2547.16 ~ IVY 20/26 (CHINDEN BLVD) BROKAIY SURVEYING & MAPPIYdG L.L.C. o ioo zoo 40o sao rrtus cavE ssast ,tea ~ eadsr (aa>s) sas-oz's EXHIBIT B TO SEWER 1VIAIN EASEMENT -Page 2 C:\Docutttents and Settings\wmickler.06lPROPU.ocal Settings\Temporary Internet Files\OLK10A\Sewer Easement - Treehaven.doc J PPIJ (p^~-----j • Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 11 /7/2007 Re: Proposed Agenda Items for 11/13/07 City Council Meeting ~~~~, ~ ati'1b~lc~d~e~~~~-,a ~'it~j ~=~lt:r~. ~)Es~~:~ The Public Works Department respectfully requests that the following items be placid on the 11/13!07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer Easement for Javker's Subdivision by Chester Properties LLC. Typical Sanitary Sewer Easement . Recommended Council Action: Approve the Sanitary Sewer Easement for Jayker's Subdivision by Chester Properties LLC and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer Easement for Jayker's Subdivision by TreeHaven LLC. Typical Sanitary Sewer Easement . Recommended Council Action: Approve the Sanitary Sewer Easement for Jayker's Subdivision by TreeHaven LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. City of Meridian Public Works Dept. ~~~~~ o ~ ~~o~ • Page 1 • SANITARY SEWER EASEMENT THIS INDENTURE, made this ~ day of October, 2007, between TreeHaven LLC, the parties of the first part, and hereinafter called the "Grantor", and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the "Grantee"; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewerright-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Granteetheright-of--way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of an underground sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and ail times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. TT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. SEWER MAIN EASEMENT -Page 1 C:\DOCtnnents and Settings\wmickler.OEIPROP1LOCal Settmgs\Tenryotary Internet Files\OLK10A\Sewer Eascment - Treetmvrn.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, suchright-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ss County of Ada ) TreeHaven Lsi Derick O'Neill, Manager On this ~ day of October, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Derick O'Neill, known or identified to me to be the Manager of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above a ti ......, ~' (SEAL)`=~ ~:~~pTA,~y,.~ m.a... x L AUSL~G qo • °e o'er NOTARY PUB FOR IDAHO Commission Expires: U~ ~ /d ~ Z!J/~ SEWER MAIN EASEMENT -Page 2 C'\Docutrents and Settings\wmickler.OEIPROP\[.ocal Se[tmgslTemporary Internet Files\OLKtUA\Sewer Easement - Treehaven.doc GRANTEE: CITY OF MERIDLAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of October, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Commission Expires: SEWER MAIN EASEMENT -Page 3 C:1Dautnents and Settings\wmickler.OEIPROP1Local Se[CvtgslTemporary Totems[ Files\OLKIOA\Sewer Easenxttt - Treeharrn.doc • EXHIBIT A Legal Description project: 07002 Date: Augctst 1?, 2007 Page: 1 of 1 CITI~ 4F 1VIERIDIAI~1 SA~lITAitY SEWER EASEIVIENT C~ A parcel of land situated im the southeast'/~ of the southwest %a of Section 22, Township 4 l~larth, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: CUItiIMEI~iCING at the southwest corner of said Section Z2, from which point, the south quarter corner of said section bears, 5.89°17'17"E., 2647.16 feet; thence, aMng the south line of said section, A} 5.89°17'17"E., 1323.58 feet to the west I/lb corner common to Sections 22 and 27; thence, slang the westerly line of said southeast'/4 of the southwest'/< of Section 22, B) IoT.(3d°3(}'43"E., 780.09 feet to th-e POINT OF BEGINNING; thence, continuing„ 1) 1v.D0°30'43"W., 36.44 feet to the beginnir-g of a tzan-tangent curve; tg-ence, 2} Northeasterly along said curve to the left having a radius of 1167.33 feet, an arc length of 273.98 feet, through a central angle of 13°26'51", and a chard bearing and distance of N.67°22'S2"E., 273.35 feet; thence, tangent from Bald CUIV{'i, 3) N.60439'26°'E., 541.72 feet; thence, 4) 5.19°34'S8"E., 35.51 feet to a line parallel with and 35.U0 fed southeasterly of the above-described cvcrrses 2 and 3; thence, along said para11e1 line thxaugh the following courses: 5} 5.60°39'26"E., 535.70 feet to the begint-ing of a tangent curare; thence, 6) Southwesterly slang said curare to the right having a radius of 1202.33 feet, an arc length of 292.48 feet, through a central angle of 13°S6' 17, and a chord bearing and distance of 5.67°37'34"W., 291.76 feet to the POINT OF BEGINNING. SAID PARCEL containing 0.66 acres, more or less. SUB3Et;'l,' TO, all Covenants, Rights, Rights-of--Way, Easements of Record, and other Ex~ctumbranccs. EXHIBIT "B" att~hed, and by this reference made a part hereof. ~~~~ EXHIBIT A TO SEWER MAIN EASEMENT -Page 1 C:10octmients and Settingshamickler.OEIPROF\Local Setfings\Ternporary Internet Files\OLK l0A\Se~ver Easement - Treehaven.doc • EXHIBIT B Depiction of Easement A PARCEL OF LANCb SITUATED IN THE 50UTHEAS7 1/4 OF THE GOUTHI'VEST 1/4 OF SECTION 22, TOWNSHIP 4 NORTH, RANGE ~ WEST, 8015E MERIOIAId, CITY OF A4£RIDU4N, ADA COUNTY, IDAHO. ~C107 LA Np ~, 4 8o2Z ~~ 1 POINT t3F os,'BZZ~QO~Q~ BEGINNING ~lSdN D g~~~P a( ~o~ PtJI~,A. SCTDDIVISIaN BK 71 PG 7~t34-726 ~ t~o~r ~ ~ UNE TABLE~~ UNE BEARING (STANCE L-2 S 19'34'58"E 35.51 a~ CURVE TABLE ~ W CURVE RADIUS LENGTH i]ELTA BEARING LENGTH C~-1 1157.33 273.98 13' 6'51" N67'2 ' 273.35 C-~3 1242.33 292.48 13'56'17" S87'37'34"W 291.7fi , 21 22 1323.58' 1. ~ "' "- - '-- 2- a -27 "~ 589'17'17°E 2647.16 ~ Hti9Y 20/26 (CI~IlYDEtV DLVD} BROXA~P SURVEYING & MAPPING L.L.C. 4 tdd 2Cis 400 500 11p36 tt7dNf STAR Ra4p ~ esasl (aaa~ ass-o~~ EXHIBIT B TO SEWER MAIN EASEMENT -Page 2 C:\Documents and Settings\wmicklecOEIPROP\Local Settings\Temporary lntemet fiiles\OLKIOA\Sewer Easement - Treeiiaven.doc ~ ~ November 16, 2007 MERIDIAN CI1Y COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. S-H REQUEST Task Order 0726 with Civil Survey Consultants, Inc. for the Design 8~ Construction of the meridian Water Division Facility Phase 2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. . ~, , ' • TASK ORDER NO.0726a CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is an addendum to Task Order No. 0726 issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006 from Task Order No. 0726. CITY OF MERIDIAN MERIDIAN WATER DIVISION FACILITY -PHASE 2 PURPOSE The Engineer's scope of services was expanded to prepare work associated with design of the new vehicle storage buildings. Services shall generally be described as Engineering Consulting Services. TASK 0726.01 -Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the design and construction of the Meridian Water Division -Phase 2 project located at the northerly end of NW 8~' Street. The engineer proposes to provide the following under this scope of services: Prepare work associated with the design of the new vehicle storage buildings. INFORMATION PROVIDED BY OWNER The following information will be provided by the owner. 1. Any available information regarding the site, including old plans of the original treatment facility and any other improvements located within the project area. 2. Based upon previous projects, it is anticipated that there may be on-site soils that have low structural strength and may require a geotextile reinforced pavement section. The Owner will dig test holes throughout the project limits to identify existing soils conditions. The Engineer will observe these test holes and provide a recommendation as to the existing soils suitability for support of the new pavement, or whether a geotechnical engineer will be required. Special geotechnical services, if required, will be provided as a supplement to this agreement. t • 3. Specific ordinance requirements for building set-backs, landscaping and lighting. 4. A copy of the joint agreement between the City of Meridian and the Ada County Highway District for the existing storm drain system. 5. The owner will pay for all review fees and fees associated with the Joint Application for Permit and agreement with the Nampa Meridian Irrigation District. TIME OF COMPLETION The site survey and preparation of the concept plan will be completed within 60 calendar days of the notice to proceed. Final plans and specifications will be completed within 60 calendar days of approval of the concept plan. COMPENSATION The Not-To-Exceed amount for this Task Order No. 0726a is Two Thousand Four Hundred and Twenty Dollars ($2,420). CITY OF MERIDIAN ENGINEER A BY: ~ ;~~~ ~ G~~ BY: TAMMY WEERD, MOT Y A. BURGE S, MAYO VICE PRESIDENT Attest: ~ , E~pro ed ~Y City Council: o CITY~L = (Date) `~i• ,'''',/~~~~///// I1 11 n11111~~,,````` • • °a ~ ~ ~~~~ ~:~ty ~~9 1V3.~ r'icli a~'a ~Ja~y ~l~r~ ~~ g~ Memo To: Will Berg; Tara Green From: Max Jensen, Engineering Techniaan jensenmQmeridiancity.org Meridian Public Works Department 660 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Len Grady, P.E., City Engineer Clint Dolsby, P.E., Staff Engineer Date: 10/17/2007 Re: Proposed Agenda Item for October 23, 2007 City Council Meeting The Public Works Department respectfully requests the followring item be placed on the October 23, 2007 City Council agenda, under Consent Agenda, for Counal's consideration: Water Division Facility, Phase 2 (Design} Attached is Task Order 0726.01 with Civil Survey Consultants, Inc. to provide professional services related to the design and construction of the Meridian Water Division Facility, Phase 2 project. This project consists of new vehicle storage buildings for City vehiGes, new asphalt parking lot for City employees, and site drainage. The Task Order is for $14,880.00. Recommended Council Action: The Public Works Department recommends that City Council approves and signs Task Order 0726 with Civil Survey Consultant, Inc. for the of the design and construction of the Meridian Water Division Facility, Phase 2 project. Thank you far your consideration. I will send originals for signature after your consideration. Please contact me if you have any questions. • Page 1 ~ i TASK ORDER N0.0726 CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN MERIDIAN WATER DIVISION FACILITY -PHASE 2 PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 0726.01 -Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the design and construction of the Meridian Water Division -Phase 2 project located at the northerly end of NW 8"' Street. The engineer proposes to provide the following under this scope of services: 1. Provide an Engineers Estimate for the complete project. 2. Pertorm a site survey for the area lying within the existing perimeter fencing and northerly of the recently completed Phase 1 improvements including the newly completed edge of pavement, curb match points and other features as necessary for continuation of the project. The field survey will also include surface features between the northerly fence line and the north bank of Five Mile Creek. Afield survey of the Phase 1 improvements and other existing site features lying south of the Phase 1 improvements will not be provided under this scope of services. 3. Meet with Meridian Planning and Zoning staff to establish appropriate building set-backs and landscaping requirements for the proposed improvements. 4. Prepare a conceptual plan for additional equipment storage buildings, paving, vehicle parking, drainage improvements and landscaping within the surveyed area. Submit the conceptual plan to the Meridian Water Department, Planning and Zoning Department, and Public Works Department for review and approval prior to proceeding with final design. 5. Provide updated Engineers Estimate for the complete project. 6. Prepare plans and specifications for construction of new pavement, 7. parking, drainage and landscaping improvements according to the approved concept plan. New landscaping will be based upon the landscaping plan provided far the Phase 1 improvements and will continue the planting pattern and species as required for the Phase 2 improvements. Design and construction of the new storage buildings will be provided under a separate contract and is not included in this scope of services. 8. Prepare plans and specifications for a potable water system flush connection discharging to Five Mile Creek. It is the Owner's intent to utilize an existing pipe from the abandoned wastewater treatment facility that is connected to Five Mile Creek for this purpose. This project will include establishing whether this pipe may be utilized for this purpose, and designing a water system connection with an air-gap for flushing purposes. This flush line connection will require the preparation of a Joint Application for Permit and coordinating an agreement with the Nampa Meridian Irrigation District. 9. Submit the construction plans and specifications to the Meridian Water Department, Planning and Zoning Department, and Public Works Department for review and approval. No approvals from outside agencies are required for this work. 10. Assist the City of Meridian in advertising the project for bids, be available to answer questions during the pre bid period, attend the bid opening, and assist in the award of the contract. 11. Answer questions during construction. Field survey as-constructed improvements and prepare record drawings as per the City of Meridian Acceptance of Record /Electronic Drawings policy dated February 7, 2007. 12. All construction contracting, administration and inspection will be provided by the City of Meridian. 13. The site was once occupied by Meridian's wastewater treatment facility. As such there may be buried pipes, foundations and structures for which no record information is available and which are not visible at the ground surface. The Engineer will make an effort to identify the location of possible buried conflicting features from available record information and show these features on the construction plans. The Engineer makes no guarantee that all buried conflicting features will be identified on the plans. 14. This site has an existing storm drainage retention basin that was constructed in 1998. The basin handles storm run-off from the Water Division site as well as drainage from NW 8~' Street, which is controlled by the Ada County Highway District. The original design sized the basin fora 100-year event assuming that the entire Water Division site was paved or impervious. It is the intent of this project to retain the existing basin configuration. Should modifications be required to the basin the existing storage volume will be preserved. This scope of services is based upon the assumption that no additional approvals are required from the Ada County Highway District for this project. INFORMATION PROVIDED BY OWNER The following information will be provided by the owner. 1. Any available information regarding the site, including old plans of the original treatment facility and any other improvements located within the project area. 2. Based upon previous projects, it is anticipated that there may be on-site soils that have low structural strength and may require a geotextile reinforced pavement section. The Owner will dig test holes throughout the project limits to identify existing soils conditions. The Engineer will observe these test holes and provide a recommendation as to the existing soils suitability for support of the new pavement, or whether a geotechnical engineer will be required. Special geotechnical services, if required, will be provided as a supplement to this agreement. 3. Specific ordinance requirements for building set-backs, landscaping and lighting. 4. A copy of the joint agreement between the City of Meridian and the Ada County Highway District for the existing storm drain system. 5. The owner will pay for all review fees and fees associated with the Joint Application for Permit and agreement with the Nampa Meridian Irrigation District. TIME OF COMPLETION The site survey and preparation of the concept plan will be completed within 60 calendar days of the notice to proceed. Final plans and specifications will be completed within 60 calendar days of approval of the concept plan. COMPENSATION The Not-To-Exceed amount for this Task Order No. 726 is Fourteen Thousand Eight Hundred Eighty and 00/100 dollars ($14,880.00). The hourly rate for services and direct expenses is per the previously approved Prevailing Fee Schedule Effective October 1, 2006, and by this reference made a part hereof. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK ENGINEER ~..._ f/ BY: IM FIY A. BUR S , VICE PRESIDENT Approved by City Council: (Date) • • November 16, 2007 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. 5-~ REQUEST Task Order No. 4 -Heroes Park Wastewater Reuse Implementation with HDR Engineering, Inc. for $87,898 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aiFtached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ,Cf~ 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 pubic meetings shall become property of the City of Meridian. TASK ORDER NO.4 ~,/f~ CiiTY l v"od~~' 074y OF MERIDIAN (OWNER) AND HDR ENGINEERING, INC. (CONSULTANT) This Task Order is issued by Owner and accepted by the Consultant pursuant to the mutual promises, covenants and conditions contained in the Master Services Agreement between the above named parties, dated January 24, 2007. SCOPE OF SERVICES ' CITY OF MERIDIAN, IDAHO IMPLEMENTATION OF HEROES PARK WATER REUSE DEMONSTRATION BACKGROUND Rapid growth in the City of Meridian has challenged City infrastructure managers to increase capacity of City public works services. Three factors are straining the services provided by the City's departments: (1) The pending effluent phosphorus limitations resulting from the Snake River Helts Canyon Total Maximum Daily Loads (TMDL) and Boise River Phosphorus Load Allocations will require a greater investment in wastewater treatment facility pertormance than under the current (expired) National Pollutant Discharge Ellimination System (NPDES) permit; (2) the City munici~l water rights will becorrte stressed as growth continues at a record pace, 't al#emate sources of supply are not identified; and (3) the available supply of irrigation water is limited and the grass at City parks may become strained. These issues are forcing infrastructure managers to think holistically about the City's water resources. The Idaho Department of Environmental Quality (DEQ) administers the Rules for the Reclamation and Reuse of Municlpal and Industrial Wastewater (aka, Reuse Rules or IDAPA 58.01.17}. These rules are established to regulate the quality of water that is reclaimed and identify the potential uses of reclaimed wat®r. The Reuse Rules state, °ft is the policy of the Department to promote the pracfice of reuse of both municipal and industrial reclaimed wastewater through the continued creation and implementation of rules and guidance that give permittees various opportunities for new forms of reuse:' This policy enables the City of Meridian to manage its reclaimed water as a source of irrigation water to either replace or supplement the supply of irrigation water from the irrigation districts. The Heroes Park is kx~ted along Ten Mile Road between McMillan Road and Chinden Boulevard. This park is north of the City's wastewater treatment facility adjat~nt to the alignment of the 16 ind~ diameter outfall pipeline from the wastewater treatment facility to the Boise River. The primary outfall is to Five Mile Creek and the (Boise River outfall is used infrequently. The existing irriga~on water supply to Heroes Park is limited and additional water is welcomed by the City's Parks and Recreation Department. Class A reclaimed water is the highest quality of reclaimed water in Idaho. This water will undergo advanced filtration and disinfection to very stringent levels. On May 8, 2007, HDR submitted the Water Reclamation and Reuse Permit Application to DEQ for permission to irrigate Heroes Park with Class A reclaimed water from the City's wastewater treatment plant. This permi# application was conducted under Task Order Ido. 1 of the Master Service Agreement. Page 1 Of 12 November 6, 2007 NL•U'roposals & CPIs\Water\City of AAeridianlHeroes Park Reuse Qes(gn\R~e Task B}nderlV-2007-08.17_FINAL4.doc .,~ m. • The purpose of this Task Order IVo. 4 is to prepare the design of minor modifications to connect the Boise River outfall pipeline to the Heroes Park irrigation storage pond, design disinfection system improvements, prepare a Plan of Operation as required under the Reuse Rules, and revise the Water Reclamation and Reuse Permit Application. PROPOSED SCOPE OF SERVICES The proposed scope of consultant services is to conduct the following tasks. Task 1. Project Management Task 2. Heroes Park Water Reuse Design Coordination Task 3. Heroes Park Water Reuse Bid Services Task ~4. Heroes Park Water Reuse Construction Support Services Task 5. Plan of Operation Task C. Irrigation Storage Pond Seepage Testing Task 7. Support Water Reuse Permit Application TASK 1. PROJECT MANAGEMENT Objective. Pnapare and implement a project management plan; provide scope, schedule, and cost control services; and initiate and attend project coordination meetings. Approach. Communicate frequently to the client and the project team through progress reports, project meetings, and email communications. The following subtasks will be performed: Subtask 1.1-Project IUlanagement Plan and Communications. Prepare a Project Management Pian for distribution to project team; monitor Consultant team progress; delegate task assignments and responsibil'~ties by discipline through the course of the project phase; and coordinate issues of project phase with City's Project Manager. Subtask 1.2 -Reports and Invoices. Progress reports and 'mvoices that summarize the work progress to date, the budget expenditures to date, and identify any information r~uirements or decisions that need to be made by the city (1 copy each month). City Responsibliitles. City responsibilities are as follows: . • Review Project Management Plan and provide comments, where requested by the Consultant. • Interface with Consultant on project issues. • Process invoices within 30 days of receipt. Assumptions. Assumptions are as follows: if the scope changes during the life of the project, modification to the original contract agreement will be required per the terms and conditions of the agreement. invoice format will follow standard format by the Consultant. Page 2 of 12 (+~vember s, 2007 M:~Proposa(s ~ C2uaIslWaterlciiy of MerkfianVieroes Park Reuse Desi~lRettse Task orderiV 2007-0&17 FINAL4.dac t^' • • Products. Deliverable products are as follows: • Project Management Plan 1 co to ( pY City, 4 copies for Consultant distribution). • Progress reports and invoices (1 copy each month). TASK 2. HEROES PARK WATER REUSE DESIGN COORDINATION Objective. Prepare the design far r~laimed water distribution facilities to deliver reclaimed water to the irrigation storage pond at Heroes Park. Approach. This task will be conducted by developing reclaimed water pumping based on pond level, distribution piping and valuing from the Boise River Ot.itfall to Heroes Park, and control descriptions. The following subtasks will be pertormed: Subtask 2.1. NaOCI Dose-Response Analysis. Provide a protocol for a NaOCI dose- response study and determine the concentration of sodium hypochlorite (NaOCI) added to effluent from ultraviolet (U~ disinfection, resulting from the City's implementation of the dose-response study, to meet a total ~liform limit of 2.2 organisms1100 mL. Subtask 2.2. Prepare Conceptual Plan. Produce conceptual plan for the construction of the reclaimed water distribution to Heroes Park from the Boise River outfall pipeline. Subtask 2.3. Prepare process Contra Descriptions. Coordinate with an instrumentation and control subconsultant by describing the process control required for the reclaimed water distnbution system. Subtask 2.4. Prepare Opinion of Probable Construction Cost. Prepare an opinion of the anticipat~l t~nstruction cyst over the course of the project. Subtask 2.5. Submit~l to DEQ. Consultant will submit conceptual plan to DEQ for review and approval. Subtaslc 2.6. Conduct Quality Control and Quality assurance Review. A quality control review of task deliverables will be conducted prior to release of deliverables to the City. ~t'Y ResPonslbigties. City res~nsbilities are as follows: • Provide comrra3nts on draft document submittals. • Obtain permits for construction from ACHD, City of Meridian, arul all other applicable entities. • Pertorm dose-response study following the protocol developer by Consultant and collect data for Consultant to determine the NaOCI dose to implement for reclaimed water disinfection. Assumpftons. Assumptions are as follows: • Drawings will be prepared on AutoCAD Release 2005. • Topographic surrey will not be required. • The Idaho Standards for Public Works Construction (ISPWC) and Consultant's engineering and equipment standards will be utilized. Page 3 of 12 f~lProposals & C~u818\WaterlCily of MeritffenUiero~ PaNc Reuse DesignlReuse Task orderN-2~T-08~~17 nFtNAL4~ rtr ~J 1 l.~\ • General conditions and other •front end° documents wrill not be r~uired. • Where {SPWC does not cover specific items, the Consultanant's standard master specifications and other Contract Documents will be used. • To save on design costs, the level of detail provided for the construction documents will 6e limited to conceptual plan for DEQ review and not bid documents. • DEQ review may require a greater level of detail than currerrtly included in this scope of work and additional services may be required. • A formal construction cmntract bid will not be required. Products. Deliverable products are as follows: Conceptual plan (electronic pdf format of all submittals). Opinion of Probable Construction Cost. TASK 3. HEROES PARK WATER REUSE BID SERVICES Objective. Assist the City in obtaining bids for materials, equipment, and services to be pertormed by a contractor for the construction contract. Approach. The City anticipates bid sen~ces will not be required. Subtask 3.1. Bid Addenda. No addenda will be issued. Subtask 3.2. Bid Opening, Tabulation, and Contract Award. No bid opening, tabulation, or contract award will be required. .City Responsibilities. City responsib~7ities are as follows: • Solicit bids from small works contractor or current contractors performing work at the wastewater treatment plant. • Forward questions to the Consultant for preparation of responses. • Make bids available to the Consultant. • Distribute documents to City staff and Contractor. Assumptions. Assumptions are as folkwvs: • Consultant will not conduct bid services. • Contractors will direct questions during pre-bid period to the City. • The City will record Contractor questions and issue responses to plan holders. • Conforming documents will be not be required. Products. Deliverable products are as follows: • No deliverables. Page 4 of 12 M:\Propagels & Quals\waterlC~y of AAeddtenlHeroes Perk Reuse Desi November 6, 2Q07 gMReuse Task Orderly 20Q7-08-17 FlNAL4.dOC .y ~. ~ ~ ~~ TASK 4. HERPES SARK WATER REUSE CONSTRUCTION SUPPORT SERVICES Obj~tiv®. Consultant will provide services during construction to answer corrtractor requests for information, review submittals, respond to change order requests, and support City inspection crews during construction. Approach. Establish communications with the Contractor. Subtask 4.1. Pre-Construction Conference. Attend a meeting with the selected Contractor at Heroes Park and Wastewater Treatment Plant. Subtask 4.2. Construction Engineering. Obtain products and services generally specified or shown on the drawings by performing the following activities: • Conduct periodic visits to the project site to observe the progress and quality of work. • Conduct a final inspection of the project jointly with City representatives. • Provide. a declaration of construction completion in accordance with DEQ requirements. City Responsibilities. City responsibilities are as follows: • Attend the pre-construction conference. • Provide access to project site for site visit during pre-construction conference. • Provide conference room facilities for pre-construction conference. • Provide day-to-day construction inspection and forward Contractor submittals to the Consultant. • Perform final inspecton and acceptance of the project. • Provide survey recordls resulting from project construction for preparation of record drawings. • Process final payment to Contractor. Assumptions. Assumptions are as folkwvs: • Other Consultant team members wilt attend the pre-construction conference with the Consultant Project Manager and City Project Manager. • Responses to Contractor submittals wilt be delivered from the Consultant to the Conrtractor and copied to the City. • Record drawings wilt not be required. Contract close-out and certification will not be required, Products. Deliverable products are as follows: • Notes from site visits. • Responses contractor questions. Page 5 of 12 M:1Proposals & QualslwatetlC~y of MeridianWeroes Park Reese Des IMovernber 6, 2007 t~tlReuse Task Orderiv-2lmT-08-17 FINAL4.doc •~ m • TASK 5. PLAN OF OPERATION Objective. Create a Plan of Operation that meets the r~uirements of DEQ and is act~ptabie to the City's Wastewater Department staff and Parks and Recreation Department staff. Approach. Develop a draft Plan of Operation and submit to the Ciiy for review and approval prior to submittal to DEQ. Subtask 5.1. Complete the plan of Operation Checklist. Review and complete the Plan of Operation checklist from the Guidance for the Reclamation and Reuse of Municipal and Industrial Wastewater. Subtask 5.2. Prepare Outline for Plan of Operation. Develop an outline for the Plan of Operation. Subtask 5.3. Coordinate Outline for Plan of Opereffon rnrith DEQ. Submit draft outline for Plan of Operation to DEQ prior to developing corrtent. Subtask 5.4. Prepare Plan of Operation. Develop the contents for the Plan of Operation. Specific items that may be required by DEQ to be developed include: • General Plant Description • Operation anti Management Responsibility • Permits and Standards • Description, Operation, and Control of Unit Operations • Hydraulic Loading Rate • Consituent Loading Rates • Compliance Activities • Seepage Rate Testing • Site Management Plan • Monitoring • Site Operations and Maintenance • Laboratory Testing • Maintenance • Records and Reports • Emergency Operating Plan City Responsibilities. City responsibilitjes are as follows: • if DEQ requires additional materials for the Plan of Operation, C' materials to Consultant. qty will provide these • If DEQ. requires secctions of the Plan of Operation not included in this complete these sections. ape, City will Assumptions. Assumptions are as follows: • Some elements of the Plan of Operation checklist may not be required for operation of a Class A reclaimed water system. Page 6 of 12 NklProposais 8 t~uals\Wate~lCity of MeridranWeroas Park Ruse Design\Re~e Task OrdedV-2x07-08-1' 7 F~WAL4.dac 7 rm i ~ • The outline for the Plan of Operation avill be based upon the applicable items in the checklist. • The Plan of Operation checklist to be completed for this task order was published by DEQ on January 10, 2006. • The following sections of the Plan of O under separate cover or are not expectdto be requ~red by pEQer documents produced • !_and Application Site (Biosolids} • Cropping Plan • Solids Handling and Processing • Store Room and Inventory • Personnel Products- Deliverable products are as follows: • Draft Ptan of Operation {electronic pdf format) • Final Plan of Operation (8 hard copies and electronic pdf). TASK b. IRRIGATION STORAGE POND SEEPAGE TESTING Objective. Obtain DEQ approval of irrigation storage pond for reclaimed water storage. Approach. Pertorm seepage testing of the Heroes Park Irrigation Storage Pond and submit results of seepage test to DEQ. Subtask 6.1. Prepare for S~page Test. Obtain equipment to psrtorm seepage test including: a precipitation gauge; temperature reorder, such as a Hobotemp weatherproof data logger, Class A evaporation pan and pan stilling well; hook gauge with Vernier sole accurate to 0.001 ft.; appropriate length of six (6} inch PVC pipe (Class 150 for stability) wi#h suitable anchor support base for use as lagoon stilling well; and boat for acxess to lagoon stilling well. Subtask 6.2. Perform Seepage Test The precipitation gauge and pan water !suet will be monitored by a single, dedicated City staff person on a daily basis at the same time each day, and the irrigation storage pond water surtace level will be measured at least every three days. Subtask 6.3. Prepare Seepage Testing Report. Consultant wi{! pertorm seepage rate calculations and submit seepage testing report to DEQ. City Responsibllitles, City responsibilities are as follows: ' if Ctty suspects seepage from the existing irrigation story e irrigation storage pond prior to execution of the g pond, the City will repair the • FII the irrigation store a Seepage test g pond immediately prior to beginning the seepage tit, pence the irrigation storage pond from inflow and outflow during the seepage testing • City will take measurements of water level at least every three days over a (15} days (0, 3, 6, 9, i2, 15) or longer until a consistent pattern is evident. penod of fifteen Page 7 0# 12 ~~'roposats ~ Cuais\Water\City of MaridanWeroes Park Retie f~~ovember 6.2007 Dast9n\Re~e Task OrderfV_Zpp7..Og_17 FlNAL4.d~ ..~ m- i l.~Gl Assumptions. Assumptions are as follows: • Seepage testing equipment may be rented, purchased, or provided by the City. • Rental of seepage testing equipment will be billed as direct costs to this task order and the Consultant will retain possession of this equipment, • Inflow and outflow to the irrigation storage pond will be blocked by the City #o avoid necessary flow measurements. • Seepage testing will be based on DEQ seepage testing guidelines. Products. Detiv®rabte products are as follows: Draft Seepage Testing Report (electronic pdf format) Fna! Seepage Testing Report (8 hard copies and electronic pdf). TASK 7. SUPPORT WATER REUSE PERMIT APPLICATION Objective. Support the Water Reclamation and Reuse Permit Application to include conceptual plan for treatment process to Class A standards. Approach. Build on the previously prepared Water Reclamation and Reuse Permit Application and focus on addressing DEQ comments on the initial application. Subtask 7.1. Review DEQ Comments, Review questions and comments from DEQ regarding the Water Reclamation and Reuse Permit Application submitted on May 8, 2007. Subtask 7.2. Revise May 4, 2007 Engineering Report. Base revisions to the engineering report on IDAPA 58.01.17 and the Bella Reve Class A reclaimed water permit and staff analysis. Subtask 7.3. Submit Revised Final Water Reclamation and Reuse Permit Application to DEQ. Prepare final report and application materials for submittal to DEQ. City Responsibilities. City responsibiltties are as follows: • Review draft permit application to DEQ and provide questions and comments. • Implement measures to treat to Class A standards at the wastewater treatment facil' to submittal of Water Reclamation and Reuse Permit ~y pnor include installation and acceptance of loth media filters alnd nostallation and acceptance of NaOCI disinfection or UV disinfection upgrades. Assumptions. Assumptions are as follows: • City will provide information to complete the reuse permit application and the preliminary technical report beyond the infom~ation covered in the reuse scoping study and the Wastewater Facility Plan, such as the Cloth Media Filter Engineering Report and treatment plant process data. Page 8 of 12 AA:Wroposats ~ QuaislwaterlC~y of MeridiantHeroes Perk Reuse DesignlReuse Task ordarll!-2007-o8-1~FINAL4.doc One individual from the City is to be responsible for all measurements and the measurements should be taken at the same hour of each test day. At a minimum, the following information will be recorded each time measurements are taken by City staff: date, time, air temperature, lagoon surface elevation (ES), pan surtace elevation (F~„), precipitation, influent flow, and effluent flow. .,~ ~ • • j ld ~ Products. Deliverable pr~ucts are as follows: • Revised Final Water Reclamation and Reuse Permit Application. Page 9 of 12 ' M:1Proposals & tlvais\Water~City of Meri~anVieroes Park Reuse November e, 2007 ~9MReuse Task OrderN 2007-OS-17_FINAL4.doc 1 L.~l PROJECT SCHEDULE API-EMENTATION OF HERPES pAR~i{ WAT~R ~, USE DEMONSTRATION The project schedule for pertorming the task order is as follows: Activity or Milestone Date Notice to Proceed ,,.,•,,,,•,,,,.•,.•.•.•.••••• November 16, 2007 . .................................. Project Management Plan ........................ ................. December 7, 2007 Progress Reports and invoices ...................... ... Monthl •••••••••••••••••• y (15'"of the month) Conceptual Plan and Revised Permit Application .,•,,,.,,•,,,,, January 4, 2008 Plan of Operation ....:........ ................ February 23, 2008 ................................... Begin Seepage Test ........................................................... November 16, 2007 Seepage Test ........................................................ ......December 7, 2007 This schedule is based upon an assumed notice to proceed. If the notice to proceed is delayed, the project schedule will shift the corresponding number of calendar days. Page 10 of 12 M: ~ Quail\Wate~'1Cay of Nt~ridianWeroes Parts Reuse member 6.2007 DesiBnlReuse Task prdedV_2pp7_08-17 FlNAL4.doc 7 m- CJ 1 lit COMPENSATION IMP"I-EMENTATION OF HERPES pA,R~K W T~R SSE DEMONSTRATI ON The estimated cost to complete this Scope of Work is presented in the table belnw Page i 1 of 12 M:\Prppa~s $ Quais\WaterlCity pf MeddtanlHeroes Park Reuss DssignlRsuse Task Orderly 2007-Og-~` 7rnFlNgL4.~ m- HDR wilt invoices Meridian for professional services describ~l in this Proposal on a time and materials basis. For the activities described in the Scope of Services, HDR estimates a professional services fee of not to exceed $87,898 without written authorization #rom the City. l l.~i AUTHORIZATION IMPLEMENTATION OF HEROES pARI{ WAR FUSE DEMONSTRATION CITY OF MERIDIAN CONSULTANT By: .s~17'~ ~~~ TAMMY a WEERD, MAYOR LARRY V. HOFFMAN, VICE PRESIDENT Attest: ,ti~y.4ii:t~pep;. ~a: .~a ~~ ~''/J: ~• i~ • r. ~. 1 ~~l + - 3.:i l t v 1 WILLIAM G. BERG, JR., CITY CLEIJ r .ss . ~ ~~: '~.., f.~ 11 „~~~~~. APPro~ by City Council _~,~t~ ~,0 , ~ ~~7 Page 12 of 12 M:\Prt~posals 8 Q~Is\Wat~lCity of MeridienUieroes Park Reuse DeslgnlReuse Task ONerIV-20Q7-08o 1~FINAL3.doc ~ m- • {_`~-- ~~~~f o ~.~ ~oo~ Memo ~l`~ ~l~r~_ ~~~~.~ To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 11 /08/2007 Re: Proposed Agenda Item for November 13, 2007 City Council Meeting The Public Works Department respectfully requests the following items be placed on the November 13 City Council agenda, under Consent Agenda, for Council's consideration: Task Order No. 4 -Heroes Park Wastewater Reuse Implementation HDR Engineering, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $87,898. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12"' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services to prepare the design of modifications to connect the Boise River Outfall pipeline to the Heroes Park irrigation storage pond, design disinfection system improvements, prepare a Plan of Operation as required under the Idaho Department of Quality reuse rules and revise the Water Reuse Permit Application as required by IDEA. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Task Order No. 4 -Heroes Park Wastewater Reuse Implementation with HDR Engineering, Inc. for $87,898 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. • Page 1 TASK ORDER N0.4 CITY OF MERIDIAN (OWNER) AND HDR ENGINEERING, INC. (CONSULTANT) This Task Order is issued by Owner and accepted by the Consultant pursuant to the mutual promises, covenants and conditions contained in the Master Services Agreement between the above named parties, dated January 24, 2007. SCOPE OF SERVICES CITY OF MERIDIAN, IDAHO IMPLEMENTATION OF HEROES PARK WATER REUSE DEMONSTRATION BACKGROUND Rapid growth in the City of Meridian has challenged City infrastructure managers to increase capacity of City public works services. Three factors are straining the services provided by the City's departments: (1) The pending effluent phosphorus limitations resulting from the Snake River Hells Canyon Total Maximum Daily Loads (TMDL) and Boise River Phosphorus Load Allocations will require a greater investment in wastewater treatment facility pertormance than under the current (expired) National Pollutant Discharge Ellimination System (NPDES) permit; (2) the City municipal water rights will become stressed as growth continues at a record pace, if alternate sources of supply are not identified; and (3) the available supply of irrigation water is limited and the grass at City parks may become strained. These issues are forcing infrastructure managers to think holistically about the City's water resources. The Idaho Department of Environmental Quality (DEQ) administers the Rules for the Reclamation and Reuse of Municipal and Industrial Wastewater (aka, Reuse Rules or IDAPA 58.01.17). These rules are established to regulate the quality of water that is reclaimed and identify the potential uses of reclaimed water. The Reuse Rules state, "It is the policy of the Department to promote the practice of reuse of both municipal and industrial reclaimed wastewater through the continued creation and implementation of rules and guidance that give permittees various opportunities for new forms of reuse " This policy enables the City of Meridian to manage its reclaimed water as a source of irrigation water to either replace or supplement the supply of irrigation water from the irrigation districts. The Heroes Park is located along Ten Mile Road between McMillan Road and Chinden Boulevard. This park is north of the City's wastewater treatment facility adjacent to the alignment of the 16 inch diameter ou#fall pipeline from the wastewater treatment facility to the Boise River. The primary outfall is to Five Mile Creek and the Boise River outtall is used infrequently. The existing irrigation water supply to Heroes Park is limited and additional water is welcomed by the City's Parks and Recreation Department. Class A reclaimed water is the highest quality of reclaimed water in Idaho. This water will undergo advanced filtration and disinfection to very stringent levels. On May 8, 2007, HDR submitted the Water Reclamation and Reuse Permit Application to DEQ for permission to irrigate Heroes Park with Class A reclaimed water from the City's wastewater treatment plant. This permit application was conducted under Task Order No. 1 of the Master Service Agreement. Page 1 Of 12 November 6, 2007 M:\Proposals & Quals\Water\City of Meridian\Heroes Park Reuse Design\Reuse Task OrdarlV-2007-08-17_FINAL4.doc • 1 1~G\ The purpose of this Task Order No. 4 is to prepare the design of minor modifications to connect the Boise River outfall pipeline to the Heroes Park irrigation storage pond, design disinfection system improvements, prepare a Plan of Operation as required under the Reuse Rules, and revise the Water Reclamation and Reuse Permit Application. PROPOSED SCOPE OF SERVICES The proposed scope of consultant services is to conduct the following tasks. Task 1. Project Management Task 2. Heroes Park Water Reuse Design Coordination Task 3. Heroes Park Water Reuse Bid Services Task 4. Heroes Park Water Reuse Construction Support Services Task 5. Plan of Operation Task 6. Irrigation Storage Pond Seepage Testing Task 7. Support Water Reuse Permit Application TASK 1. PROJECT MANAGEMENT Objective. Prepare and implement a project management plan; provide scope, schedule, and cost control services; and initiate and attend project coordination meetings. Approach. Communicate frequently to the client and the project team through progress reports, project meetings, and email communications. The following subtasks will be performed: Subtask 1.1 -Project Management Plan and Communications. Prepare a Project Management Plan for distribution to project team; monitor Consultant team progress; delegate task assignments and responsibilities by discipline through the course of the project phase; and coordinate issues of project phase with City's Project Manager. Subtask 1.2 -Reports and Invoices. Progress reports and invoices that summarize the work progress to date, the budget expenditures to date, and identify any information requirements or decisions that need to be made by the city (1 copy each month). City Responsibilities. City responsibilities are as follows: • Review Project Management Plan and provide comments, where requested by the Consultant. • Interface with Consultant on project issues. • Process invoices within 30 days of receipt. Assumptions. Assumptions are as follows: If the scope changes during the life of the project, modification to the original contract agreemen# will be required per the terms and conditions of the agreement. Invoice format will follow standard format by the Consultant. Page 2 of 12 November 6, zoo? M:1Proposals rf< Quals\wate-1City of MeridianVieroes Park Reuse Design\Reuse Task OrderN-2007-08-17_FINAL4.doc • 1 1_JL\ Products. Deliverable products are as follows: Project Management Plan (1 copy to City, 4 copies for Consultant distribution). Progress reports and invoices (1 copy each month). TASK 2. HEROES PARK WATER REUSE DESIGN COORDINATION Objective. Prepare the design for reclaimed water distribution facilities to deliver reclaimed water to the irrigation storage pond at Heroes Park. Approach. This task will be conducted by developing reclaimed water pumping based on pond level, distribution piping and valuing from the Boise River Outfall to Heroes Park, and control descriptions. The following subtasks will be performed: Subtask 2.1. NaOCI Dose-Response Analysis. Provide a protocol for a NaOCI dose- response study and determine the concentration of sodium hypochlorite (NaOCI) added to effluent from ultraviolet (UV) disinfection, resulting from the City's implementation of the dose-response study, to meet a total coliform limit of 2.2 organisms/100 mL. Subtask 2.2. Prepare Conceptual Plan. Produce conceptual plan for the construction of the reclaimed water distribution to Heroes Park from the Boise River outfall pipeline. Subtask 2.3. Prepare Process Control Descriptions. Coordinate with an instrumentation and control subconsultant by describing the process control required for the reclaimed water distribution system. Subtask 2.4. Prepare Opinion of Probable Construction Cost. Prepare an opinion of the anticipated construction cost aver the course of the project. Subtask 2.5. Submittal to DEQ. Consultant will submit conceptual plan to DEQ for review and approval. Subtask 2.6. Conduct Quality Control and Quality Assurance Review. A quality control review of task deliverables will be conducted prior to release of deliverables to the City. City Responsibilities. City responsibilities are as follows: • Provide comments on draft document submittals. • Obtain permits for construction from ACHD, City of Meridian, and all other applicable entities. • Perform dose-response study following the protocol developed by Consultant and collect data for Consultant to determine the NaOCI dose to implement for reclaimed water disinfection. Assumptions. Assumptions are as follows: • Drawings will be prepared on AutoCAD Release 2005. • Topographic survey will not be required. • The Idaho Standards for Public Works Construction (ISPWC} and Consultant's engineering and equipment standards will be utilized. Page 3 of 12 November 6, zoo? M:\Proposals & Quats\wate~lCity of Meridian\Heraes Park Reuse Design\Reuse Task Orderly-2007-08-17_FINAl.4.doc 1 L.G • General conditions and other "front end" documents will not be required. • Where ISPWC does not cover specific items, the Consultant's standard master specifications and other Contract Documents will be used. . • To save on design costs, the level of detail provided for the construction documents will be limited to conceptual plan for DEQ review and not bid documents. • DEQ review may require a greater level of detail than currently included in this scope of work and additicnal services may be required. • A formal construction contract bid will not be required. Products. Deliverable products are as follows: • Conceptual plan (electronic pdf format of all submittals). • Opinion of Probable Construction Cost. TASK 3. HEROES PARK WATER REUSE SID SERVICES Objective. Assist the City in obtaining bids for materials, equipment, and services to be performed by a contractor for the construction contract. Approach. The City anticipates bid services will not be required. Subtask 3.1. Bid Addenda. No addenda will be issued. Subtask 3.2. Bid Opening, Tabulation, and Contract Award. No bid opening, tabulation, or contract award will be required. .City Responsibilities. City responsibilities are as follows: • Solicit bids from small works contractor or current contractors performing work at the wastewater treatment plant. • Forward questions to the Consultant for preparation of responses. • Make bids available to the Consultant. • Distribute documents to City staff and Contractor. Assumptions. Assumptions are as follows: • Consultant will not conduct bid services. • Contractors will direct questions during pre-bid period to the City. • The City will record Contractor questions and issue responses to plan holders. • Conforming documents will be not be required. Products. Deliverable products are as follows: • No deliverables. Page 4 of 12 November 6, zoo? M:\Proposals & Ouals\water\City of Meridian\Fleraes Park Reuse Design~Reuse Task Orderly-2007-0&17_FINAL4.doc • t Lei TASK 4. HEROES PARK WATER REUSE CONSTRUCTION SUPPORT SERVICES Objective. Consultant will provide services during construction to answer contractor requests for information, review submittals, respond to change order requests, and support City inspection crews during construction. Approach. Establish communications with the Contractor. Subtask 4.1. Pre-Construction Conference. Attend a meeting with the selected Contractor at Heroes Park and Wastewater Treatment Plant. Subtask 4.2. Construction Engineering. Obtain products and services generally specified or shown on the drawings by performing the following activities: • Conduct periodic visits to the project site to observe the progress and quality of work. • Conduct a final inspection of the project jointly with City representatives. • Provide a declaration of construction completion in accordance with DEQ requirements. City Responsibilities. City responsibilities are as follows: • Attend the pre-construction conference. • Provide access to project site for site visit during pre-construction conference. • Provide conference room facilities for pre-construction conference. • Provide day-to-day construction inspection and forward Contractor submittals to the Consultant. • Perform final inspection and acceptance of the project. • Provide survey records resulting from project construction for preparation of record drawings. • Process final payment to Contractor. Assumptions. Assumptions are as follows: • Other Consultant team members will attend the pre-construction conference with the Consultant Project Manager and City Project Manager. • Responses to Contractor submittals will be delivered from the Consultant to the Contractor and copied to the Ciry. • Record drawings will not be required. • Contract close-out and certification will not be required. Products. Deliverable products are as follows: • Notes from site visits. • Responses contractor questions. Page 5 of 12 November 6, 2007 M:\Proposals & Quals\wate~City of MeridianU-teroes Park Reuse Design\Reuse Task Orderly-2007-0&17_FINAL4.doc C~ TASK 5. PLAN OF OPERATION Objective. Create a Plan of Operation that meets the requirements of DEQ and is acceptable to the City's Wastewater Department staff and Parks and Recreation Department staff. Approach. Develop a draft Plan of Operation and submit to the City for review and approval prior to submittal to DEQ. Subtask 5.1. Complete the Plan of Operation Checklist. Review and complete the Plan of Operation checklist from the Guidance for the Reclamation and Reuse of Municipal and Industrial Wastewater. Subtask 5.2. Prepare Outline for Plan of Operation. Develop an outline for the Plan of Operation. Subtask 5.3. Coordinate Outline for Plan of Operation with DEQ. Submit draft outline for Plan of Operation to DEQ prior to developing content. Subtask 5.4. Prepare Plan of Operation. Develop the contents for the Plan of Operation. Specific items that may be required by DEQ to be developed include: • General Plant Description • Operation and Management Responsibility • Permits and Standards • Description, Operation, and Control of Unit Operations • Hydraulic Loading Rate • Consituent Loading Rates • Compliance Activities • Seepage Rate Testing • Site Management Plan • Monitoring • Site Operations and Maintenance • Laboratory Testing • Maintenance • Records and Reports • Emergency Operating Plan City Responsibilities. City responsibilities are as follows: • If DEQ requires additional materials for the Plan of Operation, City will provide these materials to Consultant. • If DEQ requires sections of the Plan of Operation not included in this scope, City will complete these sections. Assumptions. Assumptions are as follows: • Some elements of the Plan of Operation checklist may not be required for operation of a Class A reclaimed water system. Page 6 of 12 November 6, 2007 M:\Proposals & Quals\water\City of MeridianV-ieraas Park Reuse DesignlReuse Task Orderly-2007-08-17_FINAL4.d~ ! • • The outline for the Plan of Operation will be based upon the applicable items in the checklist. • The Plan of Operation checklist to be completed for this task order was published by DEQ on January 10, 2006. • The following sections of the Plan of Operation will reference other documents produced under separate cover or are not expected to be required by DEQ: • Land Application Site (Biosolids) • Cropping Plan • Solids Handling and Processing • Store Room and Inventory • Personnel Products. Deliverable products are as follows: • Draft Plan of Operation (electronic pdf format) • Final Plan of Operation (8 hard copies and electronic pdf}. TASK 6. IRRIGATION STORAGE POND SEEPAGE TESTING Objective. Obtain DEQ approval of irrigation storage pond for reclaimed water storage. Approach. Pertorm seepage testing of the Heroes Park Irrigation Storage Pond and submit results of seepage test to DEQ. Subtask 6.1. Prepare for Seepage Test. Obtain equipment to perform seepage test including: a precipitation gauge; temperature recorder, such as a Hobotemp weatherproof data logger; Class A evaporation pan and pan stilling well; hook gauge with Vernier scale accurate to 0.001 ft.; appropriate length of six (6) inch PVC pipe (Class 150 for stability) with suitable anchor support base for use as lagoon stilling well; and boat for access to lagoon stilling well. Subtask 6.2. Pertorm Seepage Test. The precipitation gauge and pan water level will be monitored by a single, dedicated City staff person on a daily basis at the same time each day, and the irrigation storage pond water surtace level will be measured at least every three days. Subtask 6.3. Prepare Seepage Testing Report. Consultant will perform seepage rate calculations and submit seepage testing report to DEQ. City Responsibilities. City responsibilities are as follows: • If City suspects seepage from the existing irrigation storage pond, the City wiI! repair the irrigation storage pond prior to execution of the seepage test. • Fill the irrigation storage pond immediately prior to beginning the seepage test. • Isolate the irrigation storage pond from inflow and outflow during the seepage testing period. • City will take measurements of water level at least every three days over a period of fifteen (15) days {0, 3, 6, 9, 12, 15) or longer until a consistent pattern is evident. Page 7 Of 12 November 6, 2007 M:\Proposals & Quals\water\Ci1y of Meridian\Heroes Park Reuse DesignWeuse Task Orderly-2007-08-17_FINAL4.doc 1 1~G One individual from the City is to be responsible for all measurements and the measurements should be taken at the same hour of each test day. At a minimum, the following information will be recorded each time measurements are taken by City staff: date, time, air temperature, lagoon surface elevation (Eg), pan surface elevation (Epa„), precipitation, influent flow, and effluent flow. Assumptions. Assumptions are as follows: • Seepage testing equipment may be rented, purchased, or provided by the City. • Rental of seepage testing equipment will be billed as direct casts to this task order and the Consultant will retain possession of this equipment. • Inflow and outflow to the irrigation storage pond will be blocked by the City to avoid necessary flow measurements. • Seepage testing will be based on DEQ seepage testing guidelines. Products. Deliverable products are as follows: Draft Seepage Testing Report (electronic pdf format) Final Seepage Testing Report (8 hard copies and electronic pdf). TASK 7. SUPPORT WATER REUSE PERNIIT APPLICATION Objective. Support the Water Reclamation and Reuse Permit Application to include conceptual plan for treatment process to Class A standards. Approach. Build on the previously prepared Water Reclamation and Reuse Permit Application and focus on addressing DEQ comments on the initial application, Subtask 7.1. Review DEQ Comments. Review questions and comments from DEQ regarding the Water Reclamation and Reuse Permit Application submitted on May 8, 2007. Subtask 7.2. Revise May 4, 2Q07 Engineering Report. Base revisions to the engineering report on IDAPA 58.01.17 and the Bella Reve Class A reclaimed water permit and staff analysis. Subtask 7.3. Submit Revised Final Water Reclamation and Reuse Permit Application to DEQ. Prepare final report and application materials for submittal to DEQ. City Responsibilities. City responsibilities are as fellows: Review draft permit application to DEQ and provide questions and comments Implement measures to treat to Class A standards at the wastewater treatment facility prior to submittal of Water Reclamation and Reuse Permit Application to DEQ. These measures include installation and acceptance of cloth media filters and installation and acceptance of NaOCI disinfection or UV disinfection upgrades. Assumptions. Assumptions are as follows: • City will provide information to complete the reuse permit application and the preliminary technical report beyond the information covered in the reuse scoping study and the Wastewater Facility Plan, such as the Cloth Media Filter Engineering Report and treatment plant process data. Page 8 Of 12 November 6, 2007 M:~Proposals & Quals\Water\Clty of Meridian~Fferoes Park Reuse DesignUieuse Task Orderly-2007-08-17_FINAL4.doC 1 1..~L~ Products. Deliverable products are as follows: • Revised Final Water Reclamation and Reuse Permit Application. Page 9 of 12 November 6, 2007 M:lProposals & Quaffs\Water\City of Meridian\Heroes Park Reuse Design~Reuse Task Orderly-2007-08-17_FIIVAL4.doc i • PROJECT SCHEDULE CITY OF MERIDIAN, IDAHO IMPLEMENTATION OF HEROES PARK WATER REUSE DEMONSTRATION The project schedule for performing the task order is as follows: Activity or Milestone Date Notice to Proceed ............................................................... November 16, 2007 Project Management Plan ................................................... December 7, 2007 Progress Reports and Invoices ........................................... Monthly (15`h of the month) Conceptual Plan and Revised Permit Application ............... January 4, 2008 Plan of Operation ................................................................ February 23, 2008 Begin Seepage Test ........................................................... November 16, 2007 Seepage Test ..................................................................... December 7, 2007 This schedule is based upon an assumed notice to proceed. If the notice to proceed is delayed, the project schedule will shift the corresponding number of calendar days. Page 10 of 12 November s, 2007 M:\Proposals 8 Quals\waterlCity of Meridian\Heroes Park Reuse Design\Reuse Task Orderly-2007-0&17_FINAL4.doc ~ ~ 11~~ COMPENSATION CITY OF MERIDIAN, IDAHO IMPLEMENTATION OF HEROES PARK WATER REUSE DEMONSTRATION The estimated cost to complete this Scope of Work is presented in the table below. Task Labor Hours (HDR only) Budget (Includes Subconsultants) Task 1 -Project Management 84 $9,601 Task 2 -Heroes Park Water Reuse Design Coordination 318 $36,693 Task 3 -Heroes Park Water Reuse Bid Services 0 $0 Task 4 -Heroes Park Water Reuse Construction Support Services 104 $8,885 Task 5 -Plan of Operation 184 $23,051 Task 6 -Irrigation Storage Pond Seepage Testing 56 $6,332 Task 7 -Support Wa#er Reuse Permit Application 26 $3,337 Total 794 $87,898 HDR will invoice Meridian for professional services described in this Proposal on a time and materials basis. For the activities described in the Scope of Services, HDR estimates a professional services fee of not to exceed $87,898 without written authorization from the City. Page 11 of 12 Novembers, 2007 M:\Proposals & 4uals\Water\City of MeridianU-teroes Park Reuse oesign\Reuse Task orderly-2007-0&17_FINAL4.doc • AUTHORIZATION 1 1_./G\ CITY OF MERIDIAN, IDAHO IMPLEMENTATION OF HEROES PARK WATER REUSE DEMONSTRATION CITY OF MERIDIAN By: TAMMY de WEERD, MAYOR CONSULTANT LARRY V. HOFFMAN, VICE PRESIDENT Attest: WILLIAM G. BERG, JR., CITY CLERK Approved by City Council Page 12 of 12 October 23, 2007 M:\Proposals & QualslWater\City of Meridian\Heroes Park Reuse Design\Reuse Task Orderly-2007-08-17_FINAl3.doc November 16, 2007 MERIDIAN CITY COUNCIL MEETING November 20, 2~7 APPLICANT ITEM NO. S-.I REQUEST Memorandum Agreemente between the City of Meridian and the International Association of Fire Fighters Local 2311 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: See attached 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 pubUc meetings shall become properly of fhe City of Meridian. • MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into this 7th day of November, 2007, ' between the City of Meridian ("City") and the International Association of Fire Fighters Local 2311("iJnion"). WHEREAS, Meridian Fire Department ("MFD'~ has received budget approval, effective October 1, 2007, for three (3) new Drivers' and three (3) new Captains' positions (which, in turn, will create the need for three (3) additional new Drivers' positions); and WHEREAS, Meridian Fire Department Station No. 5 is in the pre-construction stage and, upon the completion of Station No. 5, six {6) additional Drivers will be needed to fully staff the new Station and to provide other Departmental manpower needs; and WHEREAS, since currently there does nat exist an eligibility list of qualified candidates for promotion to Driver, the City and the Union agree that a special test may be given, as set forth in Article 15 (Promotions) of the current Collective Labor Agreement ("CLA'~, to provide qualified candidates for promotion to the above=referenced twelve (12) new Drivers' positions; and Vt~I~REAS, currently there aze only five (5) individuals who meet the time-in grade requirement for promotion to Driver set forth in Article 15; and WHEREAS, it is imperative that MFD be able to fill the new Drivers' positions as soon as practicable after the Drivers' openings become available, NOW, THEREFORE, the City and the Union hereby agree as follows: 1. T'he City shall begin the promotional testing process for Driver on November 12, 2007 for purposes of Article 15. 2. As set forth in Article 15, the pmmotional testing process shall consist of a written examination and a practical skills test (assessment center). 3. From those candidates passing both portions of the promotional exam, two eligibility lists shall be formed. 4. The following five (5} candidates currently meet the time-in-grade requirement set forth in Article 15 of the CLA: 1. Luke Smillie 4. Darby Hill 2'. Chad Coltrin S. Marty Mc Sherry 3. Brandon Medics -1- A primary eligibility list for Driver shall be formed from all of the above-listed candidates who successfiilly pass both portions of the promotional exam. Firefighters on this list shall be ranked by passing test score results and seniority points according to Article 15 and shall be given priority for promotion to vacancies for Drivers' positions within in the Department as they occur. 5. A secondary eligibility list shall be formed from those of the following candidates who suecessfiilly pass both portions of the promotional exam: 1. Steve Hayes 7. Trevor Palmer 2. Adam Johnston 8. Glenn Wilson 3. J.D. Hendrick 4. Greg Wardeia 4. (Want Hamilton 10. Chris Verkerk 5. Brian Peterson l l . Omid Shirazi 6. Scott Warren 12. Erik Smith Firefighters on this secondary list shall be ranked by passing test score results and seniority points according to Article 15 and shall be eligible for promotion to vacancies for Drivers' positions within in the Department after all individuals on the primary eligibility list have been promoted to Driver, provided that in order to be eligible for promotion to Driver from this secondary list a firefighter must have obtained a State of Idaho Firefighter III Certificate prior to the effective date of the promotion. 6. The City and Union agree to waive the time-in-grade requirement of Article 15 for all individuals on the secondary eligibility list so that, after all individuals on the primary eligibility list have been promoted to Driver, individuals on the secondary eligibility list who hold a State of Idaho- Firefighter III Certificate shall be eligible for promotion to fill the remainder ofabove-referenced twelve (12) new Drivers' positions, as well as any additional unforeseen Drivers' position vaca~acies occurring prior to the expiration of the secondary eligibility list in the spring of 2010. 7. Individuals on the primary eligibility list, as well as individuals on the secondary eligibility list who hold a State of Idaho Firefighter III Certificate, shall also be deemed eligible to work out of classification in the position of Driver for purposes of CLA Article 22. 8.. This Memorandum of Agreement is a one-time agreement intended to resolve extenuating circumstances caused by the growth ~of the Meridian Fire Department. -2- • Ty Lountree, Vice President Date Men 'an Chapter, I.A.F.F. Loca123I 1 Ron Anderson, Fire C 'ef Date Meridian Fire Department Tammy de r ,Mayor On behalf a Mayor and City Council ATTEST: ~~~.~`~~.~ ~ '`'~.~ ~~_,~ William G. Berg, Jr., Ci , Ctgr c ~~'~I' Da[e. ~~'~'~7 -3- • November 16, 2007 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. 5-K REQUEST Water Main Easement Agreement for Teach Investments /Quick Lube AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. r ^ADA COUNTK RECORDER J. DAYARRO AMOUNT .60 .t!' ', ~ 801SE IDAN012106t07 01:36 PM + (P ' i RECORDEDanREQUEST OF !LI IIIIIIIIIIIIIIIII~~~~~~~~~~~~~~ ~~~ City o1 Meridian 107161 X80 , • ~ WA'X'EIt MAIN EASEMT~IVT °~ THIS TNDENTt1RE, mach this S'wday of ~ 20~l,ntween ~~ l ~~~~~lr ~'xhe parties of ' the first pall, and hereit:ta4~er called the Grantors, and the City o1FMeridian, Ada Court~ty, Idaho, the party of the second part, and hereinafter cal.Ied the Qrantee; WITNBSSETH: ' WHEREAS, the Grantors desire to provide a water main right-of-way across tl~a pt~emises and pmncrty hereinA$c~r particularly bounded and described; and W.HERIAS, the water main is to be provided for through an underground pipeline to be cotxstructed by others; and WTItEREAS, it will he r,ecesseuy to ,nai~~tai,~, scrvic:r, and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration oftlae benefits to be received b3'the Grantors, and other mod and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right af--way for an easement for the consiXt-ction, operation,. maintenance, repair, .replacement of a water main over and. across the following described property: (SEE ATTACHEb EXHIBIT A, and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintcrtance, additional connection thereto, repair and replacement ' at the cony®nience of'the Granto, with t}~c free rig~tt of access to such Ca~ilities at any and all times. TO HA VE A,Nb TO HOLD, the said easement and right of--way unto the said Grantee, it's successors and assigns forever. IT TS EXPRESSLY UNDERSTOOD AND AGRE)Ei~, by+ and l~tween the parties hereto, that aver constnuction, making repairs, performing other maintenance or making subsequent connection to the water line, t'.rantee shall restore the area o£the easement and adjacent property to th+a# Cxistcnt priorto undertaking such construction, repairs and maintenance. However, Grrantee shall nat ~ responsible for repairing, replacing or restoring anything placed within the area described in this easement that was ~ placed there in violation of this easement. TIDE CItANTOIt3 herelry ooven~ant ~i1 agree: tha# they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, fnr•the rnr~-r~.sFS st~eted herein. ~ THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- w•ay and easement hcrchy granted shall become part of, or lie within the boundaries af' a,ny public street, then, to such extent, such right-of.-way and easement hereby granted which lies within such boundary thereof or which is a parr rhereoF shall cease and become nuU cad void snd ofna further effect and shall be completely relixtquished. . Wator Main Easement . ~: ~` • . . EASMT WTR ~~~ • ~ • TI•iE G:RANT~}RS do hereby covenant with the Grantee that they are tawfuily seised and pasecssed of ilte at~~n~rrtentioned and described tract of land, and that they have a good and law.fvl right to convey said easement, and that ~~ey will warrant and forever defend the title acid quiet possession thereof aEAinsi' the ]awful Caa{ms• of 31I persons whonmsocvcr, iTi WITNESS WHEREOF, the said parties ofthe firstpart have hereunto sabscribe~d their signatures the day and year l"irst herein above written. GRA•NTC?R: -gresidcnt-~ b...- Secretary ~ • S'P'ATE QF IDAHO) ~• ' } ~ County of. ~'(~~} Gn this _~ day of i~t ~ 2fl~ bc~rc mc, tits unJar~i ncd, a Not~uy Public in • and far said State, rersonally appaared -_ ~f~ /•. ,`/,~r and • . known or identifctd W the to be the President and Secretary. respectively, of the corporation that executed the within ins>xument, and aetrnowiedged to me that• such corporation executed the same. • 1N W]TNESS WT~EREOF, l have hexeuttto set my hand and affixed my official seal the day and year fist above written. - (SEALS ~~Q TA qYs e e a °.. ~ "~ •a • .. .~ N07'ARY PUBLT FpR AHO Residing 8t ~pA. „~Q Commission Expires: ~~ ~, Zp~, ~2 Water Main lra9crne»t LASTVI.~!• w•~.~K g9~e~.._~~= • GRANTEE: CITY"O1;' MERTIaIAN ~`\~~ti<<i,t~uii~rrrrrr~~ • a~~ ~~~ s Tammy do Weerd, N!' . or ~~~~ Attest by William c~..Ber~;,, 'ity Lierk ',~~,~ T tg~ . ~ .~ ~~: ,,~~~',,' ~Q,````~,. A~pr~veki By City Council On: r~rrr ~~ STA'Y°E Oi~ TDAITO, . ss. County of Ada 0n this a~~ day of November , 20~, before me, the undersigned, a Notary Public in and for said State, pcrsonaliy appeared TAMIVJY de WEERA and WTGLIAM G. BERG, JR., known to me to be the lViayor and City Clerk, respectively, of the City of Meridian, Idahp, and who excc.;uted the within instrument, and acknowledged 4o tnc that the City of McriCliall exC~ul~-ri the same. TN WITNE35 W~TEREOk',1 have.hereunto set my hand and affixed my offcisl seal the day and year firet above w.ritte:n. .• 1Vi• G~,•. (SEAL) ~ ',.'~ `~; ~ N TARP Piz T.Tr Ft"tR T;nAHra ,. ~ ~ Residing at' Commission Expires: 1 -~ l -I . ; :ss~,•.,~7,gS,1G,~,t~• - .. ~.~~----i9~ .... _.,. ..,~,. . water Mehl Easement EASMT R Page • 1~~ 4 ~~. ClYdi11YDS7RUGTOBAL @VGIIV6~YGANDLAl17l ~TBPGYG .~ i, ~. PROJECT DESCRIPTION DATE: PROJECT: PARCEL NO : ' EXHIBIT ~A~' City of Meridian Water Easement' November 8, ao07 07045 -Quick Lube Parcel A, A parcel of land being a pact of Lot 2, Block 2, of Doris Snbdivisiori, as shown in Book .16 ofPlats at Page 1080, and as shown on Record of Survey 7535, Ada County Records, located m the SE 1/4 of the SE l/4 of Sectiaai 6, T. 3 • N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly descn'bed as.follows: COMMENCING at a brass cap monument, Corner Record No. 9381309, marking the southeast corner of said Section 6; ~ . Thence North 89°28'27" West coincident with the south line of said Section 6, a distance of 1153 40 fee>; . Thence North 00°20'04" East, 70.54 feet to a found 5/8" rebar marking the southwest corner of Parcel A as shown on said Record of Survey 7573, Ada County Records; Thence South 89°ZS'37~ East coincident with the south line of mid Parcel A, as shown on •said record of survey 7573, a distance of 160.77 feet td a found 5/8"" rebar/cep Pf.S 10561 marlrmg the southcest corner of said Parcel A; Thence along the East Line of said Parcel A, North 0°20'04" East, 87.57 feet; Thence North 89°39' S6" West,.7.51 feet to the POIN 1' OF .BEGD~IlV.ING; Thence North 89°39'56" West, 20.00 feet; ' Thence parallel with the East Lme of said Parcel A, North 00'04" Erik 107.65 feet; Thence South 89°39'56' East, 20.00 feet; Thence parallel with the East Line of said Parcel A Sondlt 0°20'04" West, T07.65 ~ to the POINT OF BEGllYNING. ~ ~ • The above desen'bed parcel contains 2153 square feet more or less. Together with and subject to covenants, easements and restrictions of record. P~20071071471FAIRViEW PAPAMURPHY'S1Dre~vir~L4wveyllptioaglParoel A Wat~EesementLegel (11-0ltjdoc RGHIcp •1If8l07 Pegs 1 of 1 ~' ~a~ ~ of ~~ $-v~ U • EXHIBIT »B" CITY ~~TER .~ASE~tENT • FOR QUICK LUB~ ~ pogrtox of •~ s~/s o~ ~ ssi/~ n~ ~rox e ~ro s xo~ e~ t ter, ~s.~tarresr • crr~r or a~mr~r, ~n~ • ooU~rTr, moo 2an7 ~, .~ ,~ ~, ~:• ,, ~. .,~. U I A S City ~Wate~ Easement 2153 S.F.t ao oa' 7 1 .~ r t I .~ ~`ii t~ TJ?~SURS ~AIJBY ~ lA-~ jll~ij~ 12114 8TB S9Y~ NORI?~ NAdO' ID E 9, A D 838,87 • (208) 483-0906 ~' P~ (208) 489-4391 O mail®7teasat~i+altey.8~ineerscom RIdB1Y~RS •PZIMI~S• 3T~OBS VISIT OUR 1JBB SITB• ~+:7}oaeare9alleyl~iogineer~ oom ~•. ~.f M7. tl' ~ $F CSR ~ COR ~C ~ 938f308 Pa1M OF CadIMdNQFNpYr N892827"W 115:40' 8 5 ~~5~~ City of Meridian Public Works Dept. Memo ~~q9.~ ~ ~ 2~~y To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 11/9/2007 Re: Proposed Agenda Items for 11/20/07 City Council Meeting ~~v~ ~~~ ~~~~~ pity ~l~rl~ ~4n~~ The Public Works Department respectfully requests that the following items be placed on the 11/20/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Teach Investments/Quick Lube . Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Teach InvestmentslQuick Lube and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. • Page 1 ~ i WAT)~ MA ASEM.TIVT Tt~tS INDENTURE, mode this 8'wday of ~ov , ~O~beiween %a~ l v~~'~«fs~,.,~the pazties of the first part, anal hereinafter called the C,rantors, attd the City of Meridian, Ada County, Idaho, the party of the second part, attd hereinafter ea![ed the Grantee; WITIV)~SSETFI: v~HERF.AS, the Grantors desire to provide a water main right-of-way across tits premises a>id property hereina$c~r Particularly Sounded and described; and WFLEREAS, the water main is to be provided far through an underground pipeline to be constructed by others and W~TEREAS, it will be r.+ecessary to,» siiitaui, sCrviue and. subsequently cormect to said pipeline from time to time by the Grantee; N©W, Ti~REFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, giant and convey unto the Grantee the right af--way for an casement for the construction, operation, maintenance, repair, replacement ofa Water main over and across the following described property: (SEE ATTACI~IsD EXHIBIT A, and B) The easement hereby granted is far the parpose of construction and operation of a water Iine and their allied facilities, together with theirmaintcnance, additional connection thereto, repairand replacement at the aonvenienae ofthe Grantee, with the t3~ee ri~tt afaccess to su`li facilities at any and alI times. TO HAVE AN17 TC~ HOLD, the said easement a»d right of-way unin the girl (;rantee, it's successors and assigns forever. IT TS EXI'ItF;SSLY UNDERSTOOD AND ACiREEU, by and between the parties herexo, that after' construction, rnat~ing repairs, performing other maintenance or making subsequent connection to the water line, ('rrantee she Il rsstore the area of. Ilse easement and adjacent property to that existent prior to undertaking each construction, repairs and maintenance. However, Cnarttee shall Pat be msponsible for repairing, replacing or restoring anything placed within the area described in this easement that was places there in violation of this easement. Tt TE CItANTOItS horolry wveirant anal agree that they will not place or allow W be pieced arty permanent structures, trees, brash,, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said ea~ement_ fctir the rnrrnses stated herein, TI-IJ~ CiRA1VTURS hereby covenant a»d agree with the Grantoe that should attypart of titeright-ol.= way and easement hereby granted shall became part of, or Ire within the boundaries of any public street, then, to such extent, such right of.--way and easement hereby granted which lies within such boundary thereof or which i5 a part thereof, shall cease and become null and void and of na further effect and Shall be completely relinquished. Wntor Mcitr Eaacmcset EASMT WTIi • THE GRANTOR S do hereby covenant with the Grantee that they are lawfully seized and possessed of t11c a('ore,~tnentioned anti described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against' the Iswful claims of alI peraon:~ ~vhomsocvcr. i1~T WITNESS WHEREOF, the said parties ofthe firstpart have hereunto subscrr~ed their signatures the day and year first herein above written. GRANTOR: -Rrzsid~e~t~ e,.~..b..r- Secretary STATE OF IDAHO ) ~ ss County of. •(.~~} ~3n this ~ day of __1~~~~b~s' , 20~ befarc mc, t17G uuclnrsi rrati, a lYotsry pttbflC in and for said State, personally appeared _ ~,-~f,~~ l.. ./~,rr and . known or identified to me to be the .President and Secretary, r8spectiveiy, nfthe corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS Wi-~CREOF,1 have hereemto set my trand and affixed my official seal the day and yc~tr fist above written. ~~~\~~ R • JO~~ s ~.-•- :'~vet~~ ~TgrF O p~1b PLO NOTARY PUBLi FOR AHO Residing at _ ~P~ ,~'Q Commission Ex.pt~re-s,• ~ ~~Z~ri~. Welter Main ?rascmettt EAS1Y!'1~ W'1.~K GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Wili9am G. Berg, City Clerk A~roved By City Council on: STATE pl? IIJAItO, ) ss. Caun'ty of Ada ; sin this day of _ .2004, t~efore me, the undersigned, a Notary >sublic in and for said State, personally appeared TATVTMY de WEERT7 and VVTi.LIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who exer..ute~d the within instrument, and acknowledged #p me that the ~i{y of MerW jau CxCC:ule-ti the same. IN WITNE35 WWEREOT, I have hereunto set my hand an8 affixed my official seal the dgyr and year first aIAOVe written. (SEAL} NOTARY PiJRi.TC` T~C)R T.T)AH~ Residing at: Commission Explres• Water Main Tasetnerrt EASMT WTR • v~ ~.- ".~=~-~ CIVd ANDS7RUCt URAL EIYGINF.ERINGAND /AAD SURVBY/IVG EXI~BIT "A" PROJECT DESCRIPTION DATE: PROJECT: PARCEL NO.: City of Meridian Water Easement November 8, 2007 0?045 - Quick Lube Parcel A, A parcel of land being a pact of Lot 2, Block 2, of Doris Subdivision, as shown in Book 16 of Plats at Page 10$0, and as shown on Record of Survey 7535, Ada County Records, located in the SE I/4 of the SE 1!4 of Section 6, T. 3 N., R 1 E., B.M., City of Meridian, Ada Counyy, Idaho, more particularly described as follows: COMMENCING at a brass cap monument, Comer Record No. 9381309, marking the southeast corner of said Section 6; Thence North 89°28'27" West coincident with the south line of said Section 6, a distance of 1153.40 feet; Thence North 00°20'04" East, 70.54 feet to a found 518" rebar marking the southwest corner of Parcel A as shown on said Record of Survey 7573, Ada County Records; Thence South 89°25'37" East coincident with the south line of said Parcel A, as shown on said record of survey 7573, a distance of 3 60.77 feet to a found 518"" rebar/cap PLS 10561 marking the southeast corner of sand Parcel A; Thence slang the East Line of said Parcel A, North 0°20'04" East, 87.57 feet; Thence North 89°39'56" West, 7.51 feet to the POINT OF BEGINNING; Thence North 89°39'56" West, 20.00 feet; Thence parallel with the East Line of said Parcel A, North 0°20'04" East,107.65 feet; Thence South 89°39'56" East, 20.00 feet; Thence parallel with the East Line of said Parcel A South 0°20'04" West, 107.65 fleet, to the POliNT OF BEGINNING. The above described parcel contains 2153 square feet more or less. Together with and subject to covenants, easements and restrictions of record. P:\20071071471FA1RVIEVI% PAPA Mt)RPHY'S1Dra~vingslSurveylDescriptionslParcel A Weser Easement legal (11-08).dac RGHIcp 71/8/47 Page 1 of I l/-~ Ex~IIBIT "B Cl~'Y 1-ATER EASE1i~ENT FOR QUICK LURE ~ poa~ax aF r~ sei/~ oa ~ ssi/~ o~ s~crtox e Tarxs~ s xoaT$ ~rGS 1 ~sT, ~ors~ ~rex crrr o~' ~r~v, ~.v~ ~uxTr, m~ao 2aa7 City Water Easement 2153 S.F.f A~ 0 ~ 0 ~ N O z 8 FAA AVS. (V.~ HRY 30j 20.00' 58939$6 E .W 3 ~' 4 ~ O eF O~ 1~0 ~- g o ~ PO 20.00' 8939'58'W 751. to N8939'S8'W N.T.S. C~ SEC. 8 COR REC { 9381309 POtM QF t~A(I{IENCFAIENf 6 15 7 ~" 8 VI5IT OITR ~B ST/`6• ~rmr. • November 16, 2007 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. S-L REQUEST Approval of Reimbursement Agreement between the City of Meridian and Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints 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. M~a~ 14 08 08:22a Lystr•Jensen 208 233 ~6 p.2 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT ,DD BOISE IDAHO D6/18/D8 11:26 AM DEPUTY Usa Irby ~~ ~ ~ ~ ~~'~ ~~ ~ ~ ~~'~~~ ~ I~ ~ I~ ~~') ~ ~~f ~ ~~~ RECORDED-REQUEST OF 10507118 Meridian City AGREEMENT THIS AGREEMENT made this day of ~ a , 2fl a 8' , b}~ and betv~een the CITY OF MERIDIAN, a municipal corporate n, hereinafter called CITY, and CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, hereinafter called DEVELOPER: WITNESSETH: Wl-IEREAS, DEVELOPER has constructed o~ite doYnestic water lines to their serve property as shown on Exhibit ~A" and has requested reimbursement for construction of the offsite water lines; WHEREAS, upon recommendation of the Public Works I?epartmerrt, the Council of CTIY accepted acct approved the prolmsal of DEVELOPER subject to aril conditions hereinafter provided by this Agreement. NOW THEREFORE, in consideration of the foregoing premises, it is agreed: A. Preparation of Plans. DEVELOPER has prepared plans and specifications, drawings, instructions, bid proposal and all other cor-traci documents for the construction and installation of offsite water lines, shown on Exhibit "A", includingrights-of way, grades and elevation, and materials to be used in,the wnstruction and installation of said water lines. B. Construction of Offsite Water Lines. (2) DEVELOPER has constructed the offsite water lines and appurtenances as shown on Exhibit "A'', subject to the, conditions hereinafter provided. (2) DEVELOPER has provided alt engineering, surveying, contract administration, permanent and temporary construction easements for the construction of offsite water lines described on Exhibit `~A". (3) DEVELOPER has prodded all testing, sampling and other normally conducted quality controUQuality insurance of installed systetns_ (3) CITY bas provided inspection services for the construction of the offsite water Imes described on Exhibit "A". C. Letfine Bids. DEVELOPER solicited bids and published requests for hid proposals for construction of the offsite water lines from at least three (3) properly licensed public work contractors. DEVELOPER scheduled and conducted the bid opening and notified the CITY at least two business days prior to the time, date and place of the bid opening. Page 1 of 8 May 14 08 ~8:22a Lystr~ Jensen 208 233 ~~ p.3 DEVELOPER awarded to the lowest responsible bidder after they have obtained concurrence from CITY of low bidder. D. DEVELOPER and CITY ResRonsibility for Costs. The DEVELOPER will construct offsite water lines: as shown on Exhibit "A". It shall be the responsibility of the DEVELOPER to pro«de 100°/a of the financing of the project with reimbursement &otn the CITY in accordance with Section E of this agreement `REIMBURSEMENT TO DEVELOPER". E. REIMBURSEMENT to DEVELOPER. Because the DEVELOPER shall construct the South Eagle Road Water Line Extension as shown on Exhibit "A", the CITY shall reimburse to the DEVELOPER 90% of the cost of the offsite line not fronting the DEVELOPER'S PROPERTY and 50% of the cost of the .line fronting the the DEVELOPER'S PROPERTY. Additionally, the CITY shall reimburse to the DEVELOPER I00% of the cost of PRV appurtenances installed at the CITY's request. The total reimbursement as detailed in Exhibit "B" is S37S,47Z.41. F. Term of Agreement Payment shall be made to the DEVLOPER within 30 days of City Council approval of this agreement. G. Domestic Water Lines on DEVELOPER'S PROPERTY. As a condition for CITY entering this Agreement, DEVELOPER has: Submit m inspection by either the Public Works Department or the Building Department of CITY whenever a btailditag is to !~ connected to the domestic water system constricted and installed on and within its property. H. Cost of Domestic Water Line on DEVELOPER'S PROPERTY. All costs and expenses, including the construction, engineering, advertising, clerical and legal and all licenses and permits which may be required for the construction and installation of the domestic water system upon and within DEVELOPER'S PROPERTY, shall be at DEVELOPER'S sole expense. This condition specifically excludes the CITY'S share of the domestic water system on Exhibit "A". I. Compliance with Laws. (1) In constructing and installing the domestic water s}°stem within its Property, DEVELOPER, at its sole expense, has complied with laws, orders and regulations of Federal, State and Municipal authorities and at its sole expense has obtained all licenses or perrriits v~dtich were regt~ed for the performance of this Agreement. (2) Upon connection to the domestic water system, DEVELOPER agrees to abide by all applicable City laws, riles and regulations pertaining to domestic water systems. Page2of8 May 14 08 08:22a Lystr! Jensen 208 233.56 p.4 J. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold harmless CITY from and for any and alI losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guest, and business invitees, and not caused by or arising out of tortuous conduct of CITY or its employees. K. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, tivithoux the prior written consent of the CITY, which consent shall not be unreasoru;bly withheld. L. Definition of DEVELOPER'S PROPIERTY. The term "DEVELOPEIt'~ PROPE'RTY=' in the Agreement shall mean the parcel described on Exhibit "C ,, P S Page s of 8 May 14 08 08:22a LusLr• Jensen 208 23356 p.5 1 "attached hereto. 1~I. Binding Effect An executed copy of this document shall be recorded in the office of the Ada County Recorders and is an Encumbrance which shall be binding upon all of DEVELOPER'S assigns, or successors in interest to said property. ]N WITNESS WHEREaF, the parties shall cause this Agreement to be executed by then duly authorized officers the day and year fn st above written_ DEVELOPER _~ 1~«.r ~~~L~e~y Name {printed) ~ Signature ~lT STATE OFi~Bf~I® ) County of Title 2S ?1oAy 2ya S' Date Secretary, On this °Z~ day of ~~~ .~,DD~ ,More the the undersigned, a Notary Public in and far said State, personally appeared nJ,T' ~iNand ~ known or identified to me to be the personas whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WI1TfESS WHEREOF, I have. hereunto set my hand and af~'ixed my official seal the day and year fines. above w7itten. BARSAAA A. 9UAl31Clt No Public for~ito . t~aazaa~v a'r-sra~ ~ esuw 1~T 60 tw t~OR71# 7EAePlE Residing at: ~Li7' ~-~ cOfJDtl~`~D SALT LAKE ~ eft &41 SO Commission E. ores: tar canna. ~. o3n71zo~o 'aP' {sEAL~ i Q ~BAL ~ ' ,~~ T 1'8'~ • .~ ~`~ ~, M ~ ~Q' "'~F~ Page 4 of 8 May 14 08 08: 23a Lystr~ Jensen 208 233 ~6 p. 6 P CITY CLERIC STATE OF lDAHO ) )~ County ofII lAda ) On this `~'~ day of .J (1.n,~' . .~~ ~ before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG; JR, known to me to be The Mayor and City Clerk of the City of Meridian, Idaho, who execurted the within instnsmen# and ack3nowiedged to me that the City of Meridian executed the same. IN W TTNESS ~I~~tEOF, I have hereunto set my hand and effaced my official seal ibe day and year first above~rtten~ ~~.~ ~ ~ ra ~ ~. ~~ • ~ 4 ~ 7~ ~'B ~`~' ~~ ~ Public r Idaho ~ ~ ~ Residing at: L~ ~ ° v ® COniiIllSSl~A JEXp1reS: ~-` ~ "'~ o a }9 t ~ i ~ ~ ~ ~ ~ ~ m , .~ l j~.~= ~ ~~s m ~~ ~ <~• (SEALS , ,, ..~ ~~ nyp e.p4 Page S of 8 Mai 14 08 08:23a L~sLr~Jensen 208 233 ~6 P.7 Exhibit A AMITY E A G L South Eagle Road E Waterline Extension LAKE HAZE Ctaurch t Property Page 5 of 8 t _ hta~ 14 08 08: 23a L3str•• Jensen 208 233 ~6 p. 8 t Exhibit B -Reimbursement Calculation Details South Eagle Road Watarttne Extension Relm6utsament Calculations Cal~tata Percentage of Project t and Peacerttage FroMUtg PropEriy T+~ ~~ 3615 1 DO% L.angth Fmntlng Property 480 13°i6 ~BnB~ t3~sde 3135 8743 Calculate Reimburssmeni Amounts ~1A~~.~l `. 1. -. ^~ ~ . s. ~ ~i~~VUwY.Q ~'J :.~ Construc8on S 429.250.00 Constnicsian of PRV Appurtenances (Reanburse 100°~b ~ M0~ S 21,Q67.00 S 21,067.00 5 21,067.00 CansUuction Minus PtiV finances S 408.183.00 $ 54,19f3 57 5 27.099.29 S 353,98443 S 318,'.585.98 Enginearas9 Qesign 5 34.t>d0.Q0 S 4,514.52 S 2.257.26 $ 29.485.48 S 26.538.93 Englneer~g Constriction ~st~n S 3360.00 S 446.14 S 223.07 S 913.86 S .2.82247 5 4668tD.D0 Total. b 29,579.82 Total S 368.812.39 7otat Fronting Reanbinaement ; 29,579.62 Total Otlsite ReimDursetitent S 368,812.E Reim6ursemetd Subtotal $ 398,392.01 Coy Admen Fee (596} S 19 919.f~ Reimbinsement Qtee S 378,472.4'1 e r s Page7of8 LJ Exhibit C - CPB Property Legal Description A portion of the Northeast 1/4, of the Northeast 1/4 of Section 5, Township 2 North, Range 1 East of the Boise Meridian described as follows: Commencing at the Northeast corner of Section 5, Township 2 North, Range 1 East of the Boise Meridian and running thence South 585.38 feet along the East line of said section to the POINT OF BEGINNING; thence West 908.00 feet; thence South 480.00 feet; thence East 908.00 feet to said East line; thence North 480.00 feet to the point of beginning. Parcel contains 10.00 acres and is subject to County Road right-of-way along .the East side. Page 8 of 8 C~ Memo a ~i~y (.~~ i~'1.e~c~i~N Cat b, +Gl~~~ ~t~~~ To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File Date: 11 /13/07 Re: Proposed Agenda Item for November 20, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 19 City Council agenda, under Consent Agenda, for Council's consideration: Approval of Reimbursement Agreement between the City of Meridian and Comoration of the Presiding Bishop of the Church of Jesus Christ of Latter Dav Saints Recommended Council Action: The Public Works Department recommends that City Council approves the reimbursement agreement between the City of Meridian and Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints for a total reimbursement of $378,472.41 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 • November 16, 2007 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. S-M REQUEST Budget Amendment for Public Education Materials for Fire Department AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: see arttached CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ,n~ MERIDIAN SCHOOL DISTRICT: ou ADA COUNTY HIGHWAY DISTRICT: v 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 shah become property of the City of Meridian. r i .~ . ~ ~°~.° CJ'1 ,'J ' r h r (9 d t.,~ f' ~ T ~~ L ` C ~'°} ~ _e 3 ~'e S ~ ~ ~.. ^ a ~ -~'rv .~ ~~ ~ ~ ~M .~ eb~ _ ~'~ ~:,z ~.. „~x~~~,~~ ~ ~ i `~ ~~ k M~ ~~f ~ .~ ..-A of ~ O A ~ ,: ~ ~ 1 , ::~ jj ~ ~ ~ ~ ~` ~~~ «~~ ~~~ -. ~. _{ r 1 I I I ~ G~ ~ _.~ W Ir .1 ~ J ~~ J rM 1 1' ~_ .L. i ~s } ~ { G ~ m ~ ~ ffi ~~~~ ~ ~g~ ~_ ~~~ a ~ ~~~ $ z. ~~ ~ ~~~ ~~ ~~~ m~ g ,- -- ~ ~ ~ ~ ~ ~' ~ ~ ~~~ ~~ ~ '~ ' ~ 3 ~. 3~~~~ ~' a °~~~ ~ ~~ 3~~ ~ _~= ~ >~ ~ ~~ ~~ ~~_ 3~ ~~ ~ ~~ m ~. ~ ~ ~~ ~, -., ~. m gj m eR ~~~~ ~, ~~~~o~ ~~ ~~~~~. ~~w '~_~~~ ~~ ~.~ ~ ~~~~~ g~~~ ~' ag ~ ze° _m as 3~~=~ ~~~~ ~a~.~~ ~ ~~ ~~~~. _~ ~~ ~~ ~Q E2 > €~.~ ffi w «~ E E~ November 16, 2007 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. 5-N REQUEST Line Item Reallocation Request for Water and Wastewater Treatment Plant for West First Street Main Replacement, ACRD Advanced Projects 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: See aihached 4Y 8 ~ ` ~ ~~Bi l~1' ~' OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 ao N a a m ~_ E a {LL m 0 m 7 O Z '~ G~ ~~ W E ~ m O •j V ~ e a° ~ _ E ,~° ,G ~7 ~ a ~ m m pp~ O t~ 3 W c Q~, 6 N n Of fA '- to ~ Gf f9 ~ O - .. ~ W ~ O Ol ~. p~p O v ~ ~ °$° a$ b°' ~ Q ~~~ 0 v e ~ o~Qs~a~ ~~~~~~ ~,~~ m o ~Bov~E ~ ~ ~ ~ m V Q o LLg~~~'~ c°o~d'~` '~°o~~U ~ aa~33 ~~ ~~~ ~~o~ N ~~_~ ~_ .8 ~~ ~~ {L m V U ~O ~ n c O ~ d n. 44 ~ i i November 16, 2007 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. S-~ REQUEST License Agreement with Settlers Irrigation District for the North Black Cat Trvnk Sewer AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See a#lached 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. ~, T • Utr'TY RECORDER J. DAVID NAVARRO AMOUIIT ~•BB ~ ADA CO BOISE IDARO 1y2T-07 11:~ AM ~~I ~~~t~~'~'I~~~'~~~~~~i~~~~~'~~~` ~~~ DEPUTY PatB Thompson t 1 i ` RECORDED-REQUEST OF 1071697 Moffatt Thomas RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: Moffatt, Thoryear, Barrett, Rock & Fields, Chartered 1 Dl S. Capitol Boulevard, 10th Floor Post 0,,8'ice Box 829 Boise, Idaho 83701-0829 (Space Above For Recorder's Use} LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE This License Agreement for Black Cat Sewer Trunk Line (the "Agreement") is entered into and made effective this ~ day of ~8C ZNn. (p~G /' , 2007, by and among SETTLERS IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, whose address is Post Office Box 7571, Boise, Idaho 83707; CITY OF MERIDIAN, a municipal corporation organized and existing under and by virtue of the laws of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642; BRIGHTON CORPORATION, an Idaho corporation, whose address is 12601 West Explorer Drive, Boise, Idaho 83713; PRIMELAND DEVELOPMENT COMPANY, LLP, an Idaho limited liability partnership, whose address is 3120 West Belltower Drive, Meridian, Idaho 83646; and TREEHAVEN, LLC, an Idaho linuted liability company, whose address is 4042 West Chinden Boulevard, Meridian, Idaho 83646. DEFINITIONS• In addition to the other capitalized terms defined herein, this Agreement contains certain words which shall have the following meanings: (a) "City" refers to the CITY OF MERIDIAN. (b} "Brighton" refers to the BRIGHTON CORPORATION. LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE - I 22155.45 801_MT2:fi6B46d.t :; ~ ~ • • . ~ i, and Sections 3 and 4 in Township 3 North, Range 1 West, Boise Meridian, City of Boise, Ada County, Idaho, as depicted on Exhibit A; WI~REAS, City and Developer desire to obtain a license from Settlers in order to construct, own, operate, and maintain atwenty-four inch (24") sewer line which wIlI cross the Settlers Canal along Black Cat Road and south of McMillan Road, as depicted in the plans, maps, drawings and notes listed in Exhibit B; WHEREAS, City and Developer further desire to obtain a license from Settlers in order to construct, own, operate, and maintain a twenty inch (20") sewer line which will cross the McMullen Lateral along Black Cat Road and south of Larry Lane, as depicted in the plans, maps, drawings and notes listed in Exhibit B; WHEREAS, Settlers desires to grant the licenses to City and Developer for the purposes of constructing, owning, operating, and maintaining the sewer line crossings along Black Cat Road; NOW, THEREFORE, in consideration of the mutual benefits to be received by Settlers, City and Developer, and other good and valuable consideration, which consideration is hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree with one another as follows: AGREEMENTS: 1. Grant of Licenses. Settlers hereby grants to City and Developer the following licenses: (a) A license for the purposes of constructing, owning, operating, and maintaining atwenty-four inch (24"} sewer line which will cross the Settlers Canal along Black LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE - 3 gO~ MT2.668460.1 22155.45 • of this Agreement; provided, however, that Settlers delivers to City and Developer written notice of such failure and City and/or Developer fail to cure the lack of compliance within fifteen (1 S) days of delivery of such written notice. 4. Installation and Inspection. City and Developer, following execution by the parties and recording of this Agreement, and subject to the time limitations set forth herein, may commence the construction contemplated under this Agreement and as described in the plans, maps, drawings, and notes referenced in Exhibit B. City and Developer shall notify Settlers forty-eight (48) hours prior to commencement of any construction impacting its facilities, including the Settlers Canal and the McMullen Lateral. City and Developer, or their agents or contractors, shall perform all work contemplated by the terms of this Agreement in a workmanlike manner. City and Developer agree to assume all responsibility, including general liability and costs for the construction. Unless otherwise set forth in this Agreement, any construction or other activities by City and Developer which may impede or impair the flow of water through the Settlers Canal and the McMullen Lateral may only be performed during the non-irrigation season, which is usually between November 1 and March 15. City and Developer expressly acknowledges that, notwithstanding City's and Developer's assumption of certain responsibilities and receipt of certain rights under this Agreement, Settlers does not relinquish its ownership rights in any portion of its facilities, including the Settlers Canal and the McMullen Lateral. Warranties. The plans, maps, drawings, and notes listed in Exhibit B must be approved in writing by Settlers prior to commencement of any construction which will impact Settlers' facilities, including the Settlers Canal and the McMullen Lateral. City and Developer hereby represent and warrant that the construction contemplated hereunder will be free of defects LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE - 5 BOI MT2:66g4gp.1 22155.45 - • • or Developer or their agents or contractors resulting from Settlers' operation, maintenance, repair and/or replacement of either the Settlers Canal or the McMullen Lateral. 9. iltility Crossings. Unless City and Developer have previously disclosed utility locations by providing plans fully depicting the utility locations through a utility plan or a joint trench utility plan, City and Developer shall not allow any Utilities or any private party to cross any portion of the Settlers Canal or the McMullen Lateral, or otherwise use or encroach upon Settlers' irrigation easements, without the express written consent of Settlers. Said written consent may take the form of an addendum to this existing Agreement or, Settlers, in its discretion, may require that separate license agreements be executed between Settlers and the Utility or private party seeking to cross the Settlers Canal or the McMullen Lateral. Where other Utilities or private parties will be crossing Settlers facilities and/or systems, those Utilities or private parties are required signatories of this Agreement, in addition to the City and Developer, unless this requirement is waived in writing by Settlers. In the event that City and Developer have not provided utility plans and assert that no Utility or private party will be crossing a Settlers facility and/or system, City and Developer shall present to Settlers proof of this fact in one of the following forms: (a) title report confirming that no other easements have been granted and recorded as of the date of recording of this Agreement, or (b) signed writings from the individual Utilities serving the project staring that they will not be crossing a Settlers facility and/or system. Absolutely no construction may proceed until said City, Developer or Utilities have met these siting/crossing requirements to the satisfaction of Settlers. 1Q. Operation Maintenance and Repair of Crossing Improvements of the Settlers Canal and the McMullen Lateral. It is recognized by Settlers that maintenance, repair LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE - 7 soi ~,rrz.ssaasa ~ 22IS5.45 and hold Settlers and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of City, Developer, Utility, or private party, their agents, or contractors related to or in connection with (a) their crossing of Settlers' facilities and/or systems; (b) use of the easements of Settlers; (c) any activity under this Agreement; and (d) the exercise of any privileges or performance of any obligations by City, Developer, Utility, or private party hereunder. Furthermore, City, Developer, and any Utility or private party, agrees to protect, indemnify, and hold Settlers and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of water quality violations, flooding, or any interruption or interference with the flow of water in the Settlers Canal and the McMullen Lateral caused by any act or omission of City, Developer, and any Utility, private party, or their agents. 14. No Liens. City and Developer shall allow no liens as a result of any labor performed or materials supplied in connection with the activities of City, Developer, its agents, or contractors, to attach to the Settlers Canal, the McMullen Lateral, or to any adjacent lands held by Settlers. 15. Permits. City and Developer represent that they have obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement. Additionally, City and Developer shall deliver to counsel for Settlers a copy of a Clean Water Act Section 404 Permit or non jurisdictional determination (waiver) from the United States Army Corps of Engineers prior to commencement of construction impacting LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE - 9 soi nRrz.sseaso ~ 22155.45 • claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 20. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 21. No Waiver. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. 22. Interoretation. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 23. Representations and Warranties. (a) Settlers. Settlers represents and warrants that: (i) it is an irrigation district organized and existing under and by virtue of the laws of the State of Idaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) all organizational and other actions required to authorize Settlers to enter into and perform this Agreement have been properly taken; and (iv) this Agreement has been properly executed and delivered by Settlers and is valid and binding upon Settlers in accordance with its terms. (b) Cam. City represents and warrants that: (i) it is a municipal corporation organized and existing under and by virtue of the laws of the State of Idaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) all actions required to authorize City to enter into and perform this Agreement have been properly taken; (iv) this Agreement has been properly executed and delivered by City and is valid and binding upon City LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE -11 22155.45 BOI_MT2:$68460.1 . • licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement. 24. City's Authorization of Signature. City hereby warrants that the person sigzung this Agreement has been authorized to do so by City. 25. Brighton's Authorization of Signature. Brighton hereby warrants that the person signing this Agreement has been authorized to do so by Brighton. 26. Primeland's Authorization of Si nature. Primeiand hereby warrants that the person signing this Agreement has been authorized to do so by Primeland. 27. Treehaven's Authorization of Signature. Treehaven hereby warrants that the person signing this Agreement has been authorized to do so by Treehaven. 28. Notices. A11 notices permitted or required to be given under the terms of this Agreement shall be in writing and shall be deemed effective upon receipt if sent by first class mail, postage prepaid, and addressed to the respective party hereto as follows or at such other address as a parry designates in writing. SETTLERS IRRIGATION DISTRICT Post Office Box 7571 Boise, Idaho 83707 CITY OF MERIDIAN 33 East Idaho Avenue Meridian, Idaho 83642 BRIGHTON CORPORATION 12601 West Explorer Drive Boise, Idaho 83713 PRIMELAND DEVELOPMENT COMPANY, LLP 3120 West Belltower Drive Meridian, Idaho 83646 TREEHAVEN,LLC 4042 West Chinden Boulevard Meridian, Idaho 83646 LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE -13 22155.45 BOI_MT2:668460.1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date fast set forth above. CITY OF MERIDIAN \,``,,~ti~f1lf 1{ii~i`,tj' By `~,~ ~ ~. ,. Tammy de W d, its Mayor City Clerk Attest: ~ ``~ ~ Attest: _~c,d.c.Q~c~ Vicki Keen, Secretary ~~~~ ~, ~q. CORPORATION By ~~~~/L ~lrli0 W • Z!!/G.l/!~G! (written name) Its ~i2~at~rn,tjrr PRIMELAND DEVELOPMENT COMPANY, LLP B rank Varriale, its Managing Partner TREEHAVEN,LLC~ ~ (~ _ t By. (written name) SETTLERS IRRIGATION DISTRICT By d >~ ~C1 ~~-~r~ Tom Davis, President of its Board of Directors LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE -15 22155.45 BOI MT2:888480.1 - t STATE OF IDAHO ) } ss. County of Ada ) On this. ~ + `~~day of ~~~-~O'" 2007, before me, the undersigned notary public, personally appeared FRANK VARRiAI.E, known or identified to me to be the Managing Partner of PRIMELAND DEVELOPMENT COMPANY, LLP, an Idaho- limited liability partnership, who is the person that executed the instrument or the person who executed the instrument on behalf of PRIMELAND DEVELOPMENT COMPANY, LLP, and acknowledged to me that PRIMELAND DEVELOPMENT COMPANY, LLP, executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. /~ N ~~o` G~ .....: ~' . • ~t+~;• ' •• s ~•~- ; ~; ,G .: N "t'AK~'UBLIC FCSR IDAHO esiding at V~''~'--<C,~I ~r~ My Commission Expires I 0 - ~ - 2~0 ! l STATE OF IDAHO ) ss. County of Ada } On this ~ da o y ~ 'e. ~ , 2007, before me, the undersigned notary public, personally appeared ~ L ` CI ( known or identified to me to be the ~ A of TREEHAVEN, LLC, an Idaho limited liability company, who is the person th t e ecuted the instnuent or the person who executed the instrument on behalf of TREEHAVEN, LLC, and acknowledged to me that TREEHAVEN, LLC, executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,,','•vessR s0't•,ee e ~ .• •. °•~ NOTARY PUBLI F R IDAHO ~4 ~OTAR y ~ a Residing at _.gQt~ I T~ ~hy ~•~ ~ My Commission Expires - /t) ' ~ L ~; pUBL1G e mi'l' •••hs...~•'•'~O~',~ ee~gTF ~F I~~,,,~ LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE -17 22155.45 BOI MT2:888460.1 ,~" ~ • • EXHIBIT A Vicinity Map Black Cat Sewer Trunk Line EXHIBIT A aoi_nnrrsseaso.~ ' • ~ 'E ' • EXHIBIT B Engineering Plans and Specifications Please refer to the following plans prepared by J-U-B Engineers, for Black Cat Sewer Trunk Line Project, Job No. 1005026 002: Title Sheet, Overall Vicinity Map, and Index of Sheets, Sheet 1 of 16, dated 9/7/07 General Construction Phasing Plan, Sheet 2 of 16, dated 9/7/07 General Notes and Legend, Sheet 3 of 16, dated 9/7!07 Line "A" Plan and Profile, Sheets 5 and 8 of 16, dated 9/7/07 EXHIBIT B sa_nnr2sesaso.~ • ;~, 3 ~~~ ~tl ~ r ~a ~ ~~r'' ,._ Memo To: Will Berg; Tara Green From: Clint Dolsby, Assistant City Engineer CC: Len Grady, City Engineer ~i`I ~;1~yY_ zsi~_~s Date: 11 /15/2007 Re: Proposed Agenda Item for November 20, 2007 City Council Meeting The Public Works Department respectfully requests the following items be placed on the November 20 City Council agenda, under Consent Agenda, for Council's consideration: License Agreement for the North Black Cat Trunk Sewer A request for license agreement with the Settlers Irrigation District for the two locations where the sewer will be crossing a Settlers Irrigation District facility has been received by the Public Works Department. Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement for the two locations where the waterline will be crossing a Settlers Irrigation District facility and authorize the Mayor to sign it. WWTP UV Third Bank Installation. Custom Electric, Inc has submitted a quote for the installation of the UV equipment that was procured by the City. They propose to complete the work for $7,521. This project consists of the installation of the third bank of the UV disinfection system with a control panel and rerouting the cables so that adjacent units are controlled together. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the WWTP W Third Bank Installation with Custom Electric, Inc for $7,521 and authorize the Mayor to sign it. Task Order 3.0 - Stormwater Management Third Party Inspections Brown and Caldwell has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $30,000. This is an extension of the miscellaneous • Page 1 • wastewater services agreement approved by City Council on the 12~' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services to perform third party storm water management inspections as requested on construction projects that exceed one acre of disturbed soil. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Task Order 3.0 Stonrnvater Management Third Party Inspections with Brown and Caldwell for $30,000 and authorize the Mayor to sign it. Thank you for your considerafion. Please contact me if you have any questions regarding any of these items. • Page 2 • RECORDING REQUESTED BYAND WHENRECORDED RETURN TO: Moffatt, Thomas, Barrett, Rock & Fields, Chartered 101 S. Capitol Boulevard, 10th Floor Post Office Box 829 Boise, Idaho 83701-0829 • (Space Above For Recorder's Use) LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE This License Agreement for Black Cat Sewer Trunk Line (the "Agreement") is entered into and made effective this day of 2007, by and among SETTLERS IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, whose address is Post Office Box 7571, Boise, Idaho 83707; CITY OF MERIDIAN, a municipal corporation organized and existing under and by virtue of the laws of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642; BRIGHTON CORPORATION, an Idaho corporation, whose address is 12601 West Explorer Drive, Boise, Idaho 83713; PRIMELAND DEVELOPMENT COMPANY, LLP, an Idaho limited liability partnership, whose address is 3120 West Belltower Drive, Meridian, Idaho 83646; and TREEHAVEN, LLC, an Idaho limited liability company, whose address is 4042 West Chinden Boulevard, Meridian, Idaho 83646. DEFINITIONS: In addition to the other capitalized terms defined herein, this Agreement contains certain words which shall have the following meanings: (a) "City" refers to the CITY OF MERIDIAN. (b) "Brighton" refers to the BRIGHTON CORPORATION. LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE -1 22155.45 BOI_MT2:668460.1 • i (c) "Developer" collectively refers to BRIGHTON CORPORATION, PRIMELAND DEVELOPMENT COMPANY, LLP, and TREEHAVEN, LLC. (d) "Primeland" refers to the PRIMELAND DEVELOPMENT COMPANY, LLP. (e) "Treehaven" refers to the TREEHAVEN, LLC. (f) "Settlers" refers to SETTLERS IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho. (g) "Black Cat Sewer Trunk Line" and "Property" refers to the real property depicted in Exhibit A-Vicinity Map, attached hereto and made a part hereof. (h) "Specifications" means Settlers' standard engineering drawings on file with Settlers, and the statements describing the materials, dimensions, and workmanship for the construction to which reference is made in the plans, maps, drawings, and notes listed in Exhibit B, attached hereto and made a part hereof. (i) "Utility" or "Utilities" means those services provided to the development by private or public entities, including, but not limited to, telephone, cable, electric, water, sewer, and gas, etc. WITNESSETH• WHEREAS, Settlers owns and maintains a system of canals, laterals and drains, including the Settlers Canal, also known as the Lemp Canal (hereinafter the "Settlers Canal"), and the McMullen Lateral, for purposes of delivering and removing imgation water to and from its landowners, together with easements to convey water in such canals, laterals, drains; easements for ingress and egress; and easements for the operation, inspection, maintenance, and repair of the canals, laterals, and drains; WHEREAS, City, in collaboration with Brighton, Primeland, and Treehaven, is constructing a sanitary sewer system between Moonlake Road and Chinden Boulevard along Black Cat Road, located within Sections 27, 28, 33 and 34 in Township 4 North, Range 1 West, LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE - 2 22155.45 BOI MT2:668460.1 C and Sections 3 and 4 in Township 3 North, Range 1 West, Boise Meridian, City of Boise, Ada County, Idaho, as depicted on Exhibit A; WHEREAS, City and Developer desire to obtain a license from Settlers in order to construct, own, operate, and maintain atwenty-four inch (24") sewer line which will cross the Settlers Canal along Black Cat Road and south of McMillan Road, as depicted in the plans, maps, drawings and notes listed in Exhibit B; WHEREAS, City and Developer further desire to obtain a license from Settlers in order to construct, own, operate, and maintain a twenty inch (20") sewer line which will cross the McMullen Lateral along Black Cat Road and south of Larry Lane, as depicted in the plans, maps, drawings and notes listed in Exhibit B; WHEREAS, Settlers desires to grant the licenses to City and Developer for the purposes of constructing, owning, operating, and maintaining the sewer line crossings along Black Cat Road; NOW, THEREFORE, in consideration of the mutual benefits to be received by Settlers, City and Developer, and other good and valuable consideration, which consideration is hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree with one another as follows: AGREEMENTS• Grant of Licenses. Settlers hereby grants to City and Developer the following licenses: (a) A license for the purposes of constructing, owning, operating, and maintaining atwenty-four inch (24") sewer line which will cross the Settlers Canal along Black LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE - 3 22155.45 BOI_MT2:668460.1 • Cat Road and south of McMillan Road, in accordance with the terms and conditions hereof and as depicted in the plans, maps, drawings and notes listed in Exhibit B. (b) A license for the purposes of constructing, owning, operating, and maintaining a twenty inch (20") sewer line which will cross the McMullen Lateral along Black Cat Road and south of Larry Lane, in accordance with the terms and conditions hereof and as depicted in the plans, maps, drawings and notes listed in Exhibit B. These licenses are collectively referred to hereinafter as the "Licenses." 2. Restrictions on Licenses. Unless otherwise set forth in this Agreement, the Licenses are subject to the restriction that no construction may begin on the Settlers Canal or the McMullen Lateral until November 1, 2007, and all construction involving said facilities must be completed prior to March 15, 2008. City and Developer expressly acknowledge and agree that this Agreement does not grant City and Developer the right to install any property, utilities, equipment, improvements, or other facilities, except as may be described in this Agreement, or the right to impair any rights of Settlers or others in the use of the Settlers Canal and the McMullen Lateral. This grant of the Licenses is expressly conditioned upon the prior receipt by City and Developer of any and all necessary approvals from governmental entities and private parties for its activities to be performed under the terms of this Agreement, and is further expressly conditioned upon Settlers' prior written approval of all drawings and plans concerning the activities to be conducted by City and Developer under this Agreement. 3. Term of Grant of Licenses. The term of the Licenses shall commence upon the effective date of this Agreement and shall continue for so long as City and Developer are in compliance with the terms of this Agreement. Settlers may revoke the Licenses granted hereunder should City and/or Developer at any time fail to comply with the terms and conditions LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE - 4 22155.45 BOI_MT2:668460.1 • of this Agreement; provided, however, that Settlers delivers to City and Developer written notice of such failure and City and/or Developer fail to cure the lack of compliance within fifteen (15) days of delivery of such written notice. 4. Installation and Ins eU ction. City and Developer, following execution by the parties and recording of this Agreement, and subject to the time limitations set forth herein, may commence the construction contemplated under this Agreement and as described in the plans, maps, drawings, and notes referenced in Exhibit B. City and Developer shall notify Settlers forty-eight (48) hours prior to commencement of any construction impacting its facilities, including the Settlers Canal and the McMullen Lateral. City and Developer, or their agents or contractors, shall perform all work contemplated by the terms of this Agreement in a workmanlike manner. City and Developer agree to assume all responsibility, including general liability and costs for the construction. Unless otherwise set forth in this Agreement, any construction or other activities by City and Developer which may impede or impair the flow of water through the Settlers Canal and the McMullen Lateral may only be performed during the non-irrigation season, which is usually between November 1 and March 15. City and Developer expressly acknowledges that, notwithstanding City's and Developer's assumption of certain responsibilities and receipt of certain rights under this Agreement, Settlers does not relinquish its ownership rights in any portion of its facilities, including the Settlers Canal and the McMullen Lateral. Warranties. The plans, maps, drawings, and notes listed in Exhibit B must be approved in writing by Settlers prior to commencement of any construction which will impact Settlers' facilities, including the Settlers Canal and the McMullen Lateral. City and Developer hereby represent and warrant that the construction contemplated hereunder will be free of defects LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE - 5 22155.45 BOI_MT2:668460.1 in material and workmanship. City and Developer agree to replace any portions of the improvements impacting the Settlers Canal and the McMullen Lateral which fail due to defects in material, workmanship, or improper installation, for a period of two (2) years from the date of final inspection of the construction by Settlers. 6. Recognition of Existing Easement for the Settlers Canal. Developer and City hereby recognize an existing prescriptive easement for the Settlers Canal comprising a total width of fifty feet (50'), including the canal channel (the "Settlers Canal Existing Easement"). Such Settlers Canal Existing Easement exists for the purposes of conveying water in the Settlers Canal and for ingress and egress in order to operate, repair, and maintain the Settlers Canal. 7. Recognition of Existing Easement for the McMullen Lateral. Developer and City hereby recognize an existing prescriptive easement for the McMullen Lateral comprising a total width of thirty feet (30'), including the lateral channel (the "McMullen Lateral Existing Easement" and, together with the Settlers Canal Existing Easement, the "Existing Easements"). Such McMullen Lateral Existing Easement exists for the purposes of conveying water in the McMullen Lateral and for ingress and egress in order to operate, repair, and maintain the McMullen Lateral. 8. No Landscaping and Other Imurovements. Developer and City acknowledge that Settlers will not authorize City or Developer to construct or install, or authorize others to construct or install, any improvements, such as fences, structures, statues, boulders, rocks, concrete, asphalt, pathways or monuments, or any landscaping, such as trees or shrubs, within the area of the Existing Easements. It is expressly agreed that Settlers shall not be responsible for any damage to any landscaping or improvements constructed or installed by City LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE - 6 22155.45 BOI_MT2:668460.1 • or Developer or their agents or contractors resulting from Settlers' operation, maintenance, repair and/or replacement of either the Settlers Canal or the McMullen Lateral. 9. Utility Crossings. Unless City and Developer have previously disclosed utility locations by providing plans fully depicting the utility locations through a utility plan or a joint trench utility plan, City and Developer shall not allow any Utilities or any private parry to cross any portion of the Settlers Canal or the McMullen Lateral, or otherwise use or encroach upon Settlers' irrigation easements, without the express written consent of Settlers. Said written consent may take the form of an addendum to this existing Agreement or, Settlers, in its discretion, may require that separate license agreements be executed between Settlers and the Utility or private party seeking to cross the Settlers Canal or the McMullen Lateral. Where other Utilities or private parties will be crossing Settlers facilities and/or systems, those Utilities or private parties are required signatories of this Agreement, in addition to the City and Developer, unless this requirement is waived in writing by Settlers. In the event that City and Developer have not provided utility plans and assert that no Utility or private party will be crossing a Settlers facility and/or system, City and Developer shall present to Settlers proof of this fact in one of the following forms: (a) title report confirming that no other easements have been granted and recorded as of the date of recording of this Agreement, or (b) signed writings from the individual Utilities serving the project stating that they will not be crossing a Settlers facility and/or system. Absolutely no construction may proceed until said City, Developer or Utilities have met these siting/crossing requirements to the satisfaction of Settlers. 10. Operation, Maintenance, and Repair of Crossing Improvements of the Settlers Canal and the McMullen Lateral. It is recognized by Settlers that maintenance, repair LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE - 7 22155.45 BOI MT2:668460.1 • • and/or replacement of the crossing improvements constructed by City, Developer or Utilities and which cross a Settlers facility, under the terms and conditions of this agreement and as identified in the plans, maps, drawings, or notes listed in Exhibit B, may be necessary subsequent to the execution and recording of this Agreement. In the event that City, Developer or Utilities desire to perform any maintenance, repair and/or replacement of such crossing improvements, they acknowledge and agree that the prior written consent of Settlers is required prior to commencement of any such maintenance, repair and/or replacement of the crossing improvements within the area of the Existing Easements. 11. Prohibition of Stormwater Discharge Outlets into Facilities. Notwithstanding anything to the contrary contained in this Agreement or the plans, maps, drawings, and notes listed in Exhibit B, it is hereby acknowledged and agreed by the parties hereto that Settlers does not approve, authorize, permit, allow, or accept any stormwater discharge into any facility owned, operated, and/or maintained by Settlers, whether it be a pipe, conduit, culvert, canal, lateral, drain or other ditch. Also, Developer and City agree to not construct, or allow the construction of, any facilities capable of conveying stormwater discharges into any facility owned, operated, and/or maintained by Settlers. 12. Express Waiver. In the event that any Utilities or private parties do cross Settlers facilities and/or systems, or share in the use of Settlers' facility/system perpetual easements, said Utilities or private parties waive any and all claims against Settlers, now and in the future, concerning or arising from Settlers' water distribution, operation, and maintenance activities involving Settlers' facilities and/or systems. 13. Indemni .City, Developer, and any Utility or private party that crosses a Settlers facility and/or system or uses Settlers' easements, agree to protect, defend, indemnify, LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE - 8 22155.45 BOI MT2:668460.1 and hold Settlers and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of City, Developer, Utility, or private party, their agents, or contractors related to or in connection with (a) their crossing of Settlers' facilities and/or systems; (b) use of the easements of Settlers; (c) any activity under this Agreement; and (d) the exercise of any privileges or performance of any obligations by City, Developer, Utility, or private party hereunder. Furthermore, City, Developer, and any Utility or private party, agrees to protect, indemnify, and hold Settlers and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of water quality violations, flooding, or any interruption or interference with the flow of water in the Settlers Canal and the McMullen Lateral caused by any act or omission of City, Developer, and any Utility, private party, or their agents. 14. No Liens. City and Developer shall allow no liens as a result of any labor performed or materials supplied in connection with the activities of City, Developer, its agents, or contractors, to attach to the Settlers Canal, the McMullen Lateral, or to any adjacent lands held by Settlers. 15. Permits. City and Developer represent that they have obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement. Additionally, City and Developer shall deliver to counsel for Settlers a copy of a Clean Water Act Section 404 Permit or non jurisdictional determination (waiver) from the United States Army Corps of Engineers prior to commencement of construction impacting LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE - 9 22155.45 BOI MT2:668460.1 • Settlers' facilities, including the Settlers Canal and the McMullen Lateral. The parties hereby recognize and agree that this Agreement will not be executed by Settlers and recorded until counsel for Settlers is in receipt of the appropriate Section 404 Permit or non jurisdictional determination. 16. Limitations on Liability/Attorney Fees. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. In the event of any suit or proceeding by any party herein against any other party arising out of this Agreement or in connection with the activities of City and Developer, or their agents or contractors, under this Agreement, the nonprevailing party in such suit or proceeding shall pay to the prevailing party such sum or sums as the court shall adjudge reasonable for litigation fees and costs, including paralegal fees and any such fees and costs on appeal. 17. Further Consideration. City recognizes that the improvements impacting Settlers facilities and the Licenses herein granted are for its benefit, and not for the benefit of Settlers, and, for that reason, agrees to promptly pay all engineering costs and legal expenses relating to the negotiation, preparation, and execution of this Agreement. It is expressly agreed that Settlers shall not be responsible for the payment of said costs or fees. 18. Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. Amendments to this Agreement shall be made only by written instrument executed by each of the parties hereto. 19. Binding_Effect. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE -10 22155.45 BOI_MT2:668460.1 0 claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 20. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 21. No Waiver. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. 22. Interpretation. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 23. Representations and Warranties. (a) Settlers. Settlers represents and warrants that: (i) it is an irrigation district organized and existing under and by virtue of the laws of the State of Idaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) all organizational and other actions required to authorize Settlers to enter into and perform this Agreement have been properly taken; and (iv) this Agreement has been properly executed and delivered by Settlers and is valid and binding upon Settlers in accordance with its terms. (b) Cam. City represents and warrants that: (i) it is a municipal corporation organized and existing under and by virtue of the laws of the State of Idaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) all actions required to authorize City to enter into and perform this Agreement have been properly taken; (iv) this Agreement has been properly executed and delivered by City and is valid and binding upon City LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE -11 22155.45 BOI MT2:668460.1 in accordance with its terms; and (v) it has obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement. (c) Bri ton. Brighton represents and warrants that: (i) it is a corporation duly incorporated and in good standing in the State of Idaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) all actions required to authorize Brighton to enter into and perform this Agreement have been properly taken; (iv) this Agreement has been properly executed and delivered by Brighton and is valid and binding upon Brighton in accordance with its terms; and (v) it has obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement. (d) Primeland. Primeland represents and warrants that: (i) it is a limited liability partnership duly organized and in good standing in the State of Idaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) all actions required to authorize Primeland to enter into and perform this Agreement have been properly taken; (iv) this Agreement has been properly executed and delivered by Primeland and is valid and binding upon Primeland in accordance with its terms; and (v) it has obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement. (e) Treehaven. Treehaven represents and warrants that: (i) it is a limited liability company duly organized and in good standing in the State of Idaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) all actions required to authorize Treehaven to enter into and perform this Agreement have been properly taken; (iv) this Agreement has been properly executed and delivered by Treehaven and is valid and binding upon Treehaven in accordance with its terms; and (v) it has obtained all permits, LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE -12 22155.45 BOI_MT2:668460.1 u licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement. 24. City's Authorization of Signature. City hereby warrants that the person signing this Agreement has been authorized to do so by City. 25. Brighton's Authorization of Signature. Brighton hereby warrants that the person signing this Agreement has been authorized to do so by Brighton. 26. Primeland's Authorization of Signature. Primeland hereby warrants that the person signing this Agreement has been authorized to do so by Primeland. 27. Treehaven's Authorization of Signature. Treehaven hereby warrants that the person signing this Agreement has been authorized to do so by Treehaven. 28. Notices. All notices permitted or required to be given under the terms of this Agreement shall be in writing and shall be deemed effective upon receipt if sent by first class mail, postage prepaid, and addressed to the respective party hereto as follows or at such other address as a party designates in writing. SETTLERS IRRIGATION DISTRICT Post Office Box 7571 Boise, Idaho 83707 CITY OF MERIDIAN 33 East Idaho Avenue Meridian, Idaho 83642 BRIGHTON CORPORATION 12601 West Explorer Drive Boise, Idaho 83713 PRIMELAND DEVELOPMENT COMPANY, LLP 3120 West Belltower Drive Meridian, Idaho 83646 TREEHAVEN,LLC 4042 West Chinden Boulevard Meridian, Idaho 83646 LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE -13 22155.45 BOI_MT2:668460.1 C~ • Each party may change its address for delivery by written notice in the manner provided herein. 29. Recordins?. This Agreement shall be recorded upon execution in the office of the county recorder for each county in which any portion of the land covered by the Agreement is located. [Signature Page Follows] LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE -14 22155.45 BOI MT2:668460.1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first set forth above. Attest: City Clerk Attest: Vicki Keen, Secretary CITY OF MERIDLAN By ~- Tammy de a d, its Mayor BRIGHTON CORPORATION By, (written name) Its PRIMELAND DEVELOPMENT COMPANY, LLP Frank Varriale, its Managing Partner By TREEHAVEN,LLC By (written name) Its SETTLERS IRRIGATION DISTRICT BV Tom Davis, President of its Board of Directors LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE -15 22155.45 BOI_MT2:668460.1 STATE OF IDAHO ) ss. County of Ada ) On this day of , 2007, before me, the undersigned notary public, personally appeared TAMMY DE WEERD, known or identified to me to be the Mayor of CITY OF MERIDIAN, who is the person that executed the instrument or the person who executed the instrument on behalf of CITY OF MERIDIAN, and acknowledged to me that CITY OF MERIDIAN, executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires STATE OF IDAHO ) ss. County of Ada ) On this day of , 2007, before me, the undersigned notary public, personally appeared ,known or identified to me to be the of BRIGHTON CORPORATION, an Idaho corporation, who is the person that executed the instrument or the person who executed the instrument on behalf of BRIGHTON CORPORATION, and acknowledged to me that BRIGHTON CORPORATION, executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE -16 22155.45 BOI MT2:668460.1 STATE OF IDAHO ) ss. County of Ada ) • On this day of , 2007, before me, the undersigned notary public, personally appeared FRANK vARRIALE, known or identified to me to be the Managing Partner of PRIMELAND DEVELOPMENT COMPANY, LLP, an Idaho limited liability partnership, who is the person that executed the instrument or the person who executed the instrument on behalf of PRIMELAND DEVELOPMENT COMPANY, LLP, and acknowledged to me that PRIMELAND DEVELOPMENT COMPANY, LLP, executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires STATE OF IDAHO ) ss. County of Ada ) On this day of , 2007, before me, the undersigned notary public, personally appeared .known or identified to me to be the of TREEHAVEN, LLC, an Idaho limited liability company, who is the person that executed the instrument or the person who executed the instrument on behalf of TREEHAVEN, LLC, and acknowledged to me that TREEHAVEN, LLC, executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE -17 22155.45 BOI MT2:668460.1 STATE OF IDAHO ) ss. County of Ada ) On this day of , 2007, before me, the undersigned Notary Public in and for said state, personally appeared TOM DAMS, known or identified to me to be the President of the Board of Directors of SETTLERS IRRIGATION DISTRICT, the person who executed the instrument on behalf of the SETTLERS IRRIGATION DISTRICT, and acknowledged to me that SETTLERS IRRIGATION DISTRICT executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires STATE OF IDAHO ) ss. County of Ada ) On this day of , 2007, before me, the undersigned Notary Public in and for said state, personally appeared VICKI KEEN known or identified to me to be the Secretary of SETTLERS IRRIGATION DISTRICT, the person who executed the instrument on behalf of the SETTLERS IRRIGATION DISTRICT, and acknowledged to me that SETTLERS IRRIGATION DISTRICT executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE -18 22155.45 BOI MT2:668460.1 • EXHIBIT A Vicinity Map Black Cat Sewer Trunk Line EXHIBIT A BOI MT2:668460.1 • EXHIBIT B Engineering Plans and Specifications Please refer to the following plans prepared by J-U-B Engineers, for Black Cat Sewer Trunk Line Project, Job No. 1005026_002: Title Sheet, Overall Vicinity Map, and Index of Sheets, Sheet 1 of 16, dated 9/7/07 General Construction Phasing Plan, Sheet 2 of 16, dated 9/7/07 General Notes and Legend, Sheet 3 of 16, dated 9/7/07 Line "A" Plan and Profile, Sheets 5 and 8 of 16, dated 9/7/07 EXffiBIT B BOI MT2:668460.1 • • November 16, 2007 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. 5-P REQUEST License Agreement with Nampa Meridian Irrigation District for Bienville Square Subdivision 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 Clty of Meridian. ~~ ` ADA COUNTY RECORDER J. QAUID NAVARRO AMOUNT 39.00 13 ~~~ BOISE IDAHO 11/x/07 02:17 PM DEPUTY Bonnie Oberbilgg RECORDEQ-REQUEST OP III I~II~I~I~I~IIIII~I~IIII~~III ~~ ~ ~~~ Nampa Meridian Irrigagon Dist i 137155938 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this ~ day of , 2007, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation distric organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and MASON CREEK, LLC, an Idaho limited liability company, 2076 S. Eagle Road, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITIVESSETH: WHEREAS, Licensee is the owner of real property (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" and/or deed attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the ditch or canal known as the MILKS LATERAL and FINCH LATERAL (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with fee title ownership and/ or the easement therefor to convey irrigation and drainage water, to operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to approve existing construction and engage in construction or activity affecting said ditch e7r canal or the District's easement in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect absolutely its ditch or canal and its right of way along its ditch or canal; NOW, THEREFORE, for and in consideration of the promises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the ditch or canal or encroach upon the District's easement along the ditch or canal in the manner described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of the ditch or canal by the Licensee or encroachment upon ,the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensed shall only be permitted or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. ` ~ ~- out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the j urisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney`s fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 14. Nothing herein contained shall he construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor LICENSE AGREEMENT -Page 3 • MASON CREEK, LLC, an Idaho limited liability company ~-yt,{ ~ ~r~5ti'G''~~~~I~~'6``t d f ~z'~ I~ G ~ ~ Vic ~.YY1J~Y Q-F MA.SL'~(1 ~'fccR~ t.:~..~ . STATE OF IDAHO County of Canyon ss: On this ~.3~ day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeare Henry Weick and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. ]N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. STATE OF IDAHO County of /•`' N . Ill -''O•. i mss i ~; !'UBL~G ~~ . J' J ''~/~///////////~~ Notary Public for Idaho Residing at ,Idaho My Commission Expires: Z On this X3'=.1 day of CQ.L1~ ~ 2007, before me, the undersigned, a notary public in and for said state, personally appeared bl' ~ ~ ,known to me to be the are5iclento{ ~tii;o,~ric. ~ iHcm,~ of MASON CREEK, LLC, the entit hat executed the foregoing instrument, and acknowledged to me that said entity executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. •- ~~ ~ ~ • ~ti ~ l l R A H • g , ~ ~ • , , ~~ 40~ }~T AR Y ~ °~~ G * ~:ti puBtit moo; ~•'••s,~•1 TE Og 19a e~. .~.~~ N a Public for ~cla-f'u~ Residing at 1~eri~ltG.r~ .Xc~{-1''~ My Commission Expires: 0~- ~~ v~ LICENSE AGREEMENT -Page 5 • ~ • ~~~ t~v~unty, i~~~o ~ ~r a. ,` ,~g~usx ~~~~~~ . . ~~::.. y4.; .. .. Exhibit B Y~ ~ ~• ~/ i . ' • regulations, directives or other requirements in any form regarding environmental matters, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. f. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim ,action or requirement. g. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. h. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any. groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. i. The following shall apply if the fence is now or in the future in whole or in part constructed of wood or plastic: Because of the location of the fence and the fact that the fence will be constructed wholly or partly of wood or plastic, the District shall not be responsible for weed control in the area of the fence and gates. Without affecting the foregoing exemption of the District from weed control obligations, Licensee hereby indemnifies, holds harmless and shall defend the District from any claims for damages to said fence because of weed-burning except where the District intentionally burns the fence or is guilty of gross negligence in burning the fence. j. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easements, nor perform any construction or activity within the District's easements for the Milks Lateral or Finch Lateral except as referred to in this agreement without the prior written consent of the District. k. Licensee acknowledges and confirms that the District's easement for the Milks Lateral includes a sufficient area of land to convcy irrigation and drainage water, to operate, clean, maintain and repair the Milks Lateral, and to access the Milks Lateral for said purposes and is a minimum of 50 feet, 25 feet to either side of the centerline. Licensee acknowledges and confirms that the District's easement for the Finch Lateral includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Finch Lateral, and to access the Finch Lateral for said purposes and is a minimum of 80 feet, 40 feet to either side of the centerline. LICENSE AGREEMENT -Page 7 ~_ ~ ~- NOT A PART (~~ I ~ ~!~ I l i r m ~ s ~ ~~a o- y ~e }R~! ~~ ~~ ~~~ tl ~~~~ ~~~ ~~~~8 9~ ~ pA 1 a g APPROVED FOR CONSIRUCIION ~~ ~~$~ ~ Y~tl01AN PU6l1C tlOPotB ~ BIENVILLE SQUARE SUB q ~ GRADING PLAN SHEET 1 OF S Exhibit D_1. Haas 1 ua a ew. aea w 51811~@y C011SUItd~115 we ~ ~j tnm» ~~ r~ fuel aee-asN ma todndtm e..¢.. - wdw I I ~ ~ ~~~~ ~~~~~~ I ~ i ~ ~ !! ~~Fi~Bq i~g~~6 ~'S~1 I~ i ~~~~ ~,~~~~ ~~~a~~~ ~ `~ ~ i ~ ~~ ~+ ! • I 7 1-7 ~l ~m Y i y ~ ~ ,.: ,_~~ `r 1 .: n , i ~ ::; ~ •--- -------, ------- ~ - 1 --- ® 1 1 Pi ~ ~ I ~+ -1 I b 1 I ~ _ ~I ___ _ _-~_ __ ____ 1 a ___~ ~ I _ 1 I 1 I T 1 I 3 1 1 1 I I ° 1 i _ I ~` E__._ ~ +~ 1 1 ~WY 1 ® I 1 1 ® ! ® ® • ~ p J t +b,. I S /' ./ r'./ _ ~ 1 ~~ ~~~;~~ ~ a ~~~ fff'~=P,r~ ff 0 a~~~A 1 ~ ~ '~ I ~ i~= r ~ ~ 9i ~ 6° ~~ I •, ~ ~~ ~ a~ ~~ ~~N: a .• ~~' i aFF~~~° ucnoN 9~ ~~ e ~ ~_ i 6 >o A , ~,,~ BIENVILLE SQUARE SUB row s a,mo wF w. la ~ W PRESSURE IRRIGATION PLAN Stanley COltsldtdlltS ac ,~ ~ ~~,~ 1 0 SHEET 1 OF 2~~oc~ r.~ Irwl rm-asr. mu ~ rmla. - mwa Exhibit D-1, page 3 1 ,ra~l""~~ ~ i p~®® g e~°°~~e ~ 6 II" ~ g~ ~°>w8 ~Ilp a ~q ~' ~ ~ ~ i ~ aA 9 ~ ~ ®~®. ~g®® ~~~ ~~~~ a" ~ ~ ~ p~g ~ ~' ~ a ItB q ~ a~~~ aajAB ®89'~ Y1 %y0~a,a!R la~~p' a o ~ -< ~ s ®®~®~® ~ '~~g~~~~~~~ Z :~111q~s ~ ~~ o ~ a ~~ s ® ~ gg, ;~~ ~ ~i ~ ._ ~, R ~a~g~~~~~ ~ ~~~~~~ ~~~~ ~g~~ -~ ~ a ~I ® ®~ ®0~ °~ ~~ "~~~ ~ ~ ~n ~ - ~`r~ ,~~~~ ~ a P~ f Y o ~E I~ BIENVILLE SQUARE M11 ~ q PLAN AND PROFILE N srREEr A F~rh i hi +- n_1 .,n..e 7 row s enrols ^y ac I1~t8flL4S uu (ee~me)0m~-m» - ~,,~ • 1111 ~ V ~~~ CLARK LAWYERS October 19, 2007 Stan McHutchinson Stanley Consultants 1940 South Bonito Way, Suite 140 Meridian, Idaho 83642 Laura E. Burrl Jeffrey R. Christenson David P. Cialtwme D. Blair Clark S. Bryce Farris Jon C. Gouid David Hammerqulsl Charles L. Honsinger James P. Kaufman Jennifer Reld Mahoney James G. Reid Daniei V. Sleenson William F. Rhigert, of Counsel Allyn L. Sweeney of Co~msei Samuel Kaufman (1921-1986) Re: Request for License Agreement with Nampa & Meridian Irrigation District for Bienville Square Subdivision Dear Stan: Enclosed for review and signature are there ise duplicate originals of the above-referenced License Agreement which you requested on behalf of Mason Creek, LLC. Also enclosed are duplicate originals of the License Agreement between the City of Meridian and Nampa & Meridian Irrigation District for the pathway within Bienville Square Subdivision. Both originals of the. Agreements must be signed and notarized as indicated. Do not date page one of the agreements. ff both sets of the originals are executed and returned to me by October 13, 2007, I will be able to submit the agreements to the District's Board of Directors for approval and signature at the Board's next meeting on November 6, 2007. The District will then have its originals recorded and return your originals to you with a bill for our services in preparing the agreements and the recording fees. Please contact me if you have any questions. Yours very truly, ~~ ~Y J'~J ~.F~ ~'+ S. Bryce Farris SBF:Icw Enclosures 455 South Third Street • P.O. Sax 2773 • Boise, Idaho 83701 • 208/342-4591 FAX 342~k657 ~ ~ ~ • LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this dray of , 2007, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation c Gstrict organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, here inafter refereed to as the "District", and MASON CREEK, LLC, an Idaho limited liability company, 2076 S. Eagle Road, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to a:> the "Licensee", WITNESSETH: WHEREAS, Licensee is the owner of real property (burdenec, with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" and/or deed attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the ditch or canal known as the MILKS LATERAL and FINCH LATERAL (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with fee title ownership and/ or the easement therefor to convey irrigation and drainage water, to operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to approve existing construction and engage in construction or activity affecting said ditch or canal or the District's easement in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect absolutely its ditch or canal and its right of way along its ditch or canal; NOW, THEREFORE, for and in consideration of the promises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the ditch or canal or encroach upon the District's easement along the ditch or canal in the manner described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of the ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. _. ~ • 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not alter the ditch or canal or perform any construction within or affecting the District's ditch or canal and easement in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; c. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anyway affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely LICENSE AGREEMENT -Page 2 out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the j urisdiction of any federal, state, or other agency yr official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as refetted to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the ittigation works and system of the District by this agreement, nor to grant any rights in its ittigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor LICENSE AGREEMENT -Page 3 shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT sy Its President ATTEST: Its Secretary LICENSE AGREEMENT -Page 4 • • STATE OF IDAHO ) ss: County of Canyon ) MASON CREEK, LLC, an Idaho limited liability compan ~Yl,( ~ ~i rc°s~'cl~r`~t" o f ~ I ~ o! I viz .~ N1er~'fl~r 4 f N1n5Cnn Creek, L:G._G . On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Henry Weick and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERLDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at ,Idaho My Commission Expires: STATE OF IDAHO ) )ss. County of ~ ) On this a3rJ day of ~ ~.fD 2 , 2007, before me, the undersigned, a notary ppublic in and for said state, personally appeared ~~Y ,known to me to be the 1~res~dentof ~ei~,o,~ric. ~ wt~,,„,~ of MASON CREEK, LLC, the entit that executed the foregoing instrument, and acknowledged to me that said entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ,_ •'~'~4, • ~' 't' ' ~ A N 9 ~ 9 •, ~ ~ •' {~~ AR Y ~ ~~s G * ~~~ PUBy~ ~o~ J, 9~ ~• L ~~~~ ary Public for -~cial~.c~ Residing at h1erii.lu~ ,~Gl~~.hv My Commission Expires: t) ~,~ ~~ G LICENSE AGREEMENT -Page 5 ~ i A PARCEL OF LAND BEING A PORIION OF THE NE 1/4 OF SECIION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF IHE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T .3 N., R.1 E , B M., THENCE S 00°00'00" E 677.57 FEET ALONG THE EASI LINE OF' SAID SECTION 5 TO A POINT; THENCE N 83°S4'00" W 57.36 FEEI IO A POINT ON THE WEST RIGHT OF WAY OF N. EAGLE ROAD, THE REAL POINT OF BEGINNING OF THIS SUBDIVISION; THENCE S O1°14'39" W 597,37 FEET ALONG SAID RIGHT OF WAY IO A POINT; THENCE S 00°00'00" E 385 96 FEET ALONG SAID RIGHI OF WAY TO A POINI ON IHE NORTH BOUNDARY OF CAROL'S SUBDIVISION EXTENDED; THENCE N 44°05'18" W 239 42 FEET ALONG SAID NORIH BOUNDARY TO A POINT; THENCE N 72°24'04" W 22128 FEET ALONG SAID NORIH BOUNDARY TO A POINT; THENCE S 77°26'30" W 667.38 FEET ALONG SAID NORTH BOUNDARY IO A POINT; THENCE N 72°35'42" W 233.35 FEET IO A POINT ON THE EASI BOUNDARY OP CAROL'S SUBDIVISION NO, Z; THENCE N 00°15'11" W 1129.35 FEET ALONG SAID EAST BOUNDARY TO A POINI; THENCE S 71°28'10" E 803.90 FEET TO A POINT; THENCE S 83°54'00" E 510.21 FEET IO THE REAL POINI OF BEGINNING OF THIS SUBDIVISION; THIS PARCEL CONTAINS 27.40 ACRES, MORE OR LESS, AND IS SUBJECT TO ALL EXISIING EASEMENTS AND RIGHTS OF WAY Exhibit A ~~~ V `' ~"' ~ ~- Itlaho (Au ' Exhibit B :~ EXHIBIT C Purpose of License C~I The purpose of this License Agreement is to permit Licensee to: 1. construct and install roadway ,including roadway improvements, across the Milks Lateral and within the District's easement; 2. construct and install water line within said roadway across and under the Milks Lateral and within the District's easement; 3. construct and install a fence 18 feet from the top of bank of the Finch Lateral and within the District's easement; and 4. construct and install a pathway, to be operated and maintained by the City of Meridian, on the north side of said fence and within the District's easement for the Finch Lateral, all within Licensee's property described in Exhibit A, Bienville Square Subdivision, located southwest of the intersection of Eagle Road and Ustick Road in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Milks Lateral, Finch Lateral or the District's easements. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with certain plans attached hereto as Exhibit D-1 and incorporated herein by this reference. With respect to the water line, said water line shall be a minimum of three feet below the bottom of the pipe for the Milks Lateral. With respect to the fence, said fence shall be a minimum of 18 feet from the top of bank of the Finch Lateral. With respect to the pathway, said pathway shall be on the north side of said fence and also a minimum of 18 feet from the top of bank of the Finch Lateral. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. c. The Licensee recognizes and acknowledges that the license granted in this agreement by the District may pertain in some locations only to the rights of the District as owner of an easement. Accordingly, at said locations the District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. The pathway constructed by Licensee within the District's easement; and permitted by this Agreement, shall be operated and maintained by the City of Meridian. An express condition of this Agreement, and the District permitting said pathway within its easement, is that the City of Meridian enter an Agreement with the District in which it assumes operation, control and maintenance of the pathway. If the City of Meridian declines to accept the pathway and enter into said Agreement then said pathway is no longer authorized within the District's easement. e. Licensee represents that Licensee has complied with all federal, state or other laws, rules, LICENSE AGREEMENT -Page 6 • regulations, directives or other requirements in any form regarding environmental matters, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. f. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim ,action or requirement. g. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. h. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. i. The following shall apply if the fence is now or in the future in whole or in part constructed of wood or plastic: Because of the location of the fence and the fact that the fence will be constructed wholly or partly of wood or plastic, the District shall not be responsible for weed control in the area of the fence and gates. Without affecting the foregoing exemption of the District from weed control obligations, Licensee hereby indemnifies, holds harmless and shall defend the District from any claims for damages to said fence because of weed-burning except where the District intentionally burns the fence or is guilty of gross negligence in burning the fence. j. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easements, nor perform any construction or activity within the District's easements for the Milks Lateral or Finch Lateral except as referred to in this agreement without the prior written consent of the District. k. Licensee acknowledges and confirms that the District's easement for the Milks Lateral includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Milks Lateral, and to access the Milks Lateral for said. purposes and is a minimum of 50 feet, 25 feet to either side of the centerline. Licensee acknowledges and confirms that the District's easement for the Finch Lateral includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Finch Lateral, and to access the Finch Lateral for said purposes and is a minimum of 80 feet, 40 feet to either side of the centerline. LICENSE AGREEMENT -Page 7 • I. Construction sha11 be completed within one year of the date of this Ageement. Time is of the essence. LICENSE AGREEMENT -Page 8 m RI J NOT A PART r'l I l l l l l l l r 7 ~~~~~ ~ r~~~t~ ~ ~ ~.s~~ ~ `~~~~ ~~ ~~ j ~ I~ p ~ I - I 1 ~--- ;i-`a'-~ aP~loo snzucnoN ~~~ " g i ~ ~ i '--- i ~~ ~ w ~ ~ ~ ~ j ~ -~-~ A BIENVILLE SQUARE SUB q ~ (3RADINO PLAN ,~ lea s e~ ~; sr.. la SHEET 1 OF 5 ~~ ~UI~ we ~ ~~, ® e., w -m a ~. °a. me m~uRem s~ - rnewe Exhibit D-1, page 1 ~ / a A~ -~ - ~= ~~ ~ -~ a ® ®~ ®~~ .~ ~ - ~~ a~~ ~~ ~ 9 6~ 1^~ ~~; re ~ a A~ .~ ~~~i ~I,~ ~~ p'~'~ ~~ ~ ~ i ® aA ~ R~ib~~~90p~i 6'~~ I B"~~~~w~ 9ge~ ~~sg'a r ~ ~AA~9 ~9~g~g9~9~~~8~ 1~pp ~ M1 pa~~aioa~ ~ ~~b~ ~~ ~ ~ ®®~®~~ j~~r~~~~~~~ ~ a;"~~~~~'~~ ~~~fj~~ a ~~~~E ~° ~ ~~ ~ ~~ ~(I ~ ~ ~ _ A ~~fr~ ~~ ~~ ~. ~ t f ~ ~ =~r a • ~~~e~ t x 0 ~' g 0 m Exhibit D-1, page 2 ,~ BIENVILLE SQUARE SUB N ~ ~ q PLAN AND PROFILE ° tem s smdlo saX, sus. uo ,p N STREET A ro Starll@~/ CO-ISUItazItS ~ I~ ~°,~„ ...~ eF s cm~,~ ~mc (~ ae-ro~~ ®_.4 eM cme6ocQm sears - Bamdm ~~_ --_J -=m~~ n= a -, ~~ I ~, i ; 'I~Fgp'J$p t n IaH I ~IIf. L~_ n n ~I ~ I I I I I I 1 I ~. ~-i _ _ _ _ ~\ I ~ f~r~'r gF ~ ~ i9i~ ~~ NE~RgA~ReAe jA~~ O~~B~~e@~~~~~~~~~RS~ ~ i{6 H' ~ ~ io@~ ''i9~9aBo9Qia laa ~~•A aan84wN~lopt0 'I a1 gOgYa100 G~ ~a~~ ~ cA i ii~11119ii1 1, ~;~ ~ i i i i a 8~ i i i i ,_ I, ~ 'i 0 1 '1 1 1 1 B m s' ~° ~I .[~ aP~Itoveo FoR coNSrnucnoN 9~ e~ w R 'i ~ i i i A~ t~ . R ~-~ :-.__.. maanr rumic eemcs . i e ras s e s s ~ ~ ~ ~ -..~`. I A r ' , ~,,~ BIENVILLE SQUARE SUB ~ :e Toro s. amdto N% sla iro a W PRESSURE IRRIGATION PLAN Stanley CortsUitmtts .x.~ ~~ ~ ~~ ? O SHEET 1 OF 2 _+ ~~ ~~c~q r~ (xal zee-m» ®+...wa ®._,,,,,, and tanuecUo 4edme- emNeHs Exhibit D-1, page 3 k.. • November 16, 2007 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. S-Q REQUEST Approve Contract for the WWTP UV Third Bank Installation with Custom Electric for $7,521.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aifFached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~lJ CITY PARKS DEPT: V" MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubpc meetings shall become property of the City of Meridian. • • STANDARD FO ~ ~rv;a~' 073 BETWEEN OWNE~AIITD CONTRAt~T ON THE BASIS OF A STIPULATED PItI E THIS AGREEMENT is ~~ ~ C•oNTRACTOR~~tl', Idaho ~~ called OWNER) and Custom ElecIIic, Inc. ~ ~ City of OWNER a~ CONTRACTOR, ~ c~ion of the mutual covenants hereina3ter set forth, agree as follows: Artlde 1 WORK, ~NTRAll FOR will c~nplete all Work as specified or indicted in the Agreem~t, The WORK is enemll g y T~ Project consists of the installation of the third bank of the W aad rerouting the cables so that adjacent units are disinfection system with a co~rol panel controlled together. The Project for which the Work under ~ A greement is described as follows: W WTp Uy Thhd Bank Instatlahon. ~ ~~ce~nt materials and workrnaaship w•® meet the Drawings. The Contractor Mould become familiar with the spedg~m, s~°~'d SPedBcations and Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGIlVE ~Partrnent is to act as OWIVER's ER. The City of Meridian Pablic Works authority assigned m ENG re' ass~e all duties and responsibg~~ aad have the rights and accordance with the Contr~t Dom, m connection with c:o mpletion of the Work in Article 3 CONTRACT TIME. Tlu; Work will be comp>,eted within fO1tY five (~) ~~~ days froth the date when the Contract Tim commences to run- Time is of the essence. Article 4 CONTRACT PRICE. OWNER ~ P$Y CONTRACTOR for completion of the Work in current funds as follows: $7,s21.~ Amide 5 PAYMENT PROCEDU~S, The CONTRACTOR will submit an gpplication for Pa Payment mast be submitted to the Public Works Departmc~ ~ completion of the Work. App]zcations for Payments. The O CONTRACTOR's Apphcation~Pa ogress ~ °n account of the Contract Brice ~ t>m basis of day of each momh cons>ruction for A~ I mooed by the Public Worms of that mcanth. qIl PP cations submitted to ~ on or about the ls'~ P1Ot'aress Payer will be on the basis of the ~ Public Worl~ Depaztmem prior to the 1 st day values established in Article 4. The OWNER ata ProT~ess of the work measured by the schedule of and accep ~ ~ m by this Agreem~ ~ ~~ ~ a~ oaf o ~ ~ final completion be ~~ to percentages, less authorized deducti ~ Paymern will ohs, within thirty (3p) Sys, 11/IS/zU07 Page 1 of 3 •rr rr • Article 6 iNTERF.ST. ~ moneys not paid when due will beat interest at 12% per armum or ~ m rate allowed by law at the place of Project, whichever is less. Artide 7 CONTRACTOR'S gEpRFSENI•ATZONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes tike following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local ons and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of 72 The CONTRACTOR has studied c~refnIly all drawings of physical corxiitions. 7.3 The CONTRACTOR has given Public Works that he has discovered and the written resolution t}~mof y ~~INEoER ~f a1I c°nflicts' errors or discrepancies acceptable to CONTRACTOR. Amide 8 CONTRACT DOCITIVIENTS. The Coact Documents, which comprise the entire amt keen the OWNER and the CO concerning the Work, consist of the following: NTRACTOR 8.1 This Agreement. 8.2 Exlnbits to this Agrexmrent - N/A. 8.3 Information For Bidders, 8.4 Drawings, 8.5 CONTRACTOR's Quote. 8.6 1999 Idaho Standards for Public Works Co~truction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions .~ the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). 8.10 City of Meridian Standard Specifications & Drawings _ 2t?OZ 8.11 EJCD General Conditions There are no Contract DocumEats other than those listed above in this Article 8. The Contract Docnnn;nts ~y only be amended, modified or supplemsmed by written Change Order. 11/15/2007 Page 2 of 3 „~ T • ~ Article 9 MISCELLANEOUS 9.1 NQ assignment by a P$rty hereto of any rights under or interest is the Contract D ~Iher Party hereto without the writlaen consent of the oc~~ w>Yl be binding on limitation moneys that may become due and moneys that are duedue ~y not be~~ ~ c~lly but without exc t to the ~gned without such consent ~ ep extent that the effect of this restriction may be limited by laws and unless specifically stated to the in aay written consent to an assigornertt no assignment will release or discharge the assignor from any resPonssibi7itynnder the Contract Documents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns aad legal rePresc~rtativcs to the other party hereto, its Partners, successors, assigns and legal representatives in respect of all covenants and obligations comained in the Contract Documents. Amide 10 OTHER PROVISIONS. None IN WTITdESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Correct Documents have been signer or identified by OWNER anct CONTRACTOR or by ENGIIVEER on their behalf The Agreement wilt be etTective on Owner ,, .~` ~ Name: T `~ '°' .'~''•,, Attest: ~-: /~` ~ v 2007. Cor-iractor = ~t+lS`hM ~e~: ,By r°r+~: Toad A~~e-~ W~7liam G.13erg,3r. C ~; P Approved by Ciiy Council: ~'~~' ~~,`.t`.ay.,j ~° 11/15/2007 Page 3 of 3 rr ~ ~ ~,. • _ _.. q 1.`.=.s'.+ _ ~. ~ . ~ 1. i ~~ p~.t~ ~ ~ ~ t.~~. Memo To: Will Berg; Tara Green From: Clint Dolsby, Assistant City Engineer CC: Len Grady, City Engineer Date: 11 /15/2007 Re: Proposed Agenda Item for November 20, 2007 Ciiy Council Meeting The Public Works Department respectfully requests the following items be placed on the November 20 City Council agenda, under Consent Agenda, for Council's consideration: License Agreement for the North Black Cat Trunk Sewer. A request for license agreement with the Settlers Irrigation District for the two locations where the sewer will be crossing a Settlers Irrigation District facility has been received by the Public Works Department. Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement for the two locations where the waterline will be crossing a Settlers Irrigation District facility and authorize the Mayor to sign it. WWTP UV Third Bank Installation. Custom Electric, Inc has submitted a quote for the installation of the UV equipment that was procured by the City. They propose to complete the work for $7,521. This project consists of the installation of the third bank of the UV disinfection system with a control panel and rerouting the cables so that adjacent units are controlled together. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the WWTP W Third Bank Installation with Custom Electric, Inc for $7,521 and authorize the Mayor to sign it. Task Order 3.0 - Stormwater Management Third Party Inspections Brown and Caldwell has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $30,000. This is an extension of the miscellaneous • Page 1 J wastewater services agreement approved by City Council on the 12'" of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services to perform third party storm water management inspections as requested on construction projects that exceed one acre of disturbed soil. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Task Order 3.0 Stormwater Management Third Party Inspections with Brown and Caldwell for $30,000 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. • Page 2 • STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THI5 AGREEMENT is dated the day of in the year 2007 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Custom Electric, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The Project consists of the installation of the third bank of the UV disinfection system with a control panel and rerouting the cables so that adjacent units are controlled together. The Project for which the Work under the Agreement is described as follows: WWTP UV Third Bank Installation. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Article Z ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within forty five (60) calender days from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: $7,521.00 Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15~' day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 11/15/2007 Page 1 of 3 • • Article 6 INTEREST. All moneys not paid when due will beaz interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied cazefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - N/A. 8.3 Information For Bidders. 8.4 Drawings. 8.5 CONTRACTOR's Quote. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standazd Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in pazagraph 8.2 above aze attached to this Agreement (except as expressly noted otherwise above). 8.10 City of Meridian Standard Specifications & Drawings - 2002 8.11 EJCD General Conditions There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. 11/15/2007 Page 2 of 3 • Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction maybe limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None 1N WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on Owner CITY OF MERIDIAN Contractor By: By Name: Tammy de Weerd, Mater Name: Attest: William G. Berg, Jr. City Clerk Approved by City Council: Attest: 2007. 11/15/2007 Page 3 of 3 • • November 16, 2007 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. S-R REQUEST Approve Contract for Task Order 3.0 Stormwater Management Third Party Inspections with Brown & Caldwell for $30,000 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 pubec meetings shop become properly of the City of Meridian. COMMENTS See attached ap~`~ f~H) Isaa~; I.anc, Suitt 21p • Aoisc, Idaho 8370(1 Tel: ~N3-336-134t~ 1+ac ~)8-344-p825 ~'-lxownandcaldwell.com P6~ o ~- oo~~ November 13, 2007 /~ vr~ 3,0 54.08-051364-003 Subject. Proposal for Storm Water Management Third Party Inspections Mr. Clint Dolsby City of Meridian Public Works Department 1'to j ~ Q74S 660 East Watertower, Suite 200 Meridian, Idaho 83642 llear Mr. Dolsby. Recently, Brown and Caldwell completed a Construction Storm Water Management Plan for the City of Meridian (City) that focused on helping the City achieve compliance with the Construction General Permit (CGP). As part of this plan, the City requested that Brown and Caldwell submit a proposal to perform third party storm water management inspections on construction projects that exceed one acre of disturbed soil for compliance with the CGP requirements. The following proposal presents a brief summary of out qualifications and staff available to perform the work. In addition, we have provided a detailed Scope of Work and Fee Estimate for Citq review and approval We propose this work to be completed under our Master Agreement for Engineering Services dated November 28, 2006. aua~~F~cAr~ows Regarding storm water **+~ ~~p.+t e~rience and capabilities, Brown and Caldwell is considered a national leader and specifically a leader in construction storm water management for municipalities and state Departments of Transportadon (DOTS). In Idaho, we have performed storm water work throughout the state including extensive work with the Idaho Transportation Department's (ITD) storm water program. Ia addition to understanding how to effidently execute third party storm water inspections, we bring a unique understanding of the U.S. Environmental Protection Agency's {EPA's) storm water management requirements having developed and delivered the Resident Engineer Storm Water 1~Ianagement Training and Contractor Storm Water Management training as part of the recently signed ITD Consent Decree. We are proud to suggest that this combination of inspection and training experience give us the capability to efficiently execute the many storm water support tasks required by the City. The following table provides highlights of some of our storm water inspection and management experience in the State of Idaho, with ITD, and with state DOTS and government agencies, I'~~~~'P~Pr~~)8\mume~al\051364 mc:idiaq at} o~s~ 3zd parry• mslx~:tiotu 1 ]-13-117\fn'oP"sal 11.13-()7.d<x "'7 ~ m. IVlr. Clint Dolsby • November 13, 2007 Page 2 Projea Frartldln ~ t~ctrange Third Percy Iris, ITD Reaider-t En9h~ Starm Water Nonage T~~, RD COOP Storm Narregenrent Trainh~g, Ida1w AGC N~~in t~baok Evalu~on and Sur~-, ~ ~~ IdaFro 1Wate' Pollution Preventlon plans, Central Raving t3ase WkJe Storm Wad System EVallia~pnr a HonreAir Force Base, Idaho Catstna:tion and M Comptientsi A~istanoe for Erasion Cor-trol and Stomt Water AAanagem~t, Caltrans t3eneral Storm Water Support, taltrans Storm Water l~anage~t Suppad, Nevada DOT Rmrlew acrd upclme of Storm Water Poautbn Preve~On Foods ease--- ---- - • - - PROPOSED STAFF m lidded projects ~ in the Field Insper~ons RevtewP 7rainin9 / ~ '~ / / ~ ~ ~ / ~ Steve Burgos, project Manager. Steve Burgos will serge as our Project Manager and ensure the City is receiving the type of and level of service you expect. Steve is a Client Service Manag 12 years experience success er with fully managing and completing storm water, wastewater, and water projects. Steve is currently serving as our project Manager for the Third P performed on ITD's Franklin Road Interchange project. In addition, Steve servesas the Proble'e~ct Manager and Lead Instructor for the development and delivery of ITD's Resident Engineer (RE) Construction Storm Water Management Training ~~~, Steve is also the leader of our efforts in developing and instructing the Idaho Associated General Contractors' (AGC) Contractor Storm Water 11/lanagcment Class as requircd by TTD's Conscnt Deaec. Through this class, Stove gairicd valuable insights into how Contractor's view stoma water compliance. Accordingly Steve is v familiar with storm water management programs and the requirements of the CGP~ C+n the C ms's contract, Steve wdl oversee the compilation of the storm water inspection information and make certain the monthly inspection reports submitted to the City thoroughly cover all of the required inspection information. In addition, he will be the lead in reviewing project Storm Water Pollution Prevention Plans (SWPPPs). Mike Flake, Technical Advisor. Michael Flake is the principal storm water leader within Brown and Caldwell's western region. He specializes in providing. guidance and assistance on storm water management projects throughout California and the surrounding western states including work in Idaho with TTD and the Idaho AGC on their storm water management training programs. Mike has 14 years of expericncc managing and conducting storm water efforts and environmental services. Four (4) years were spent managing the California Department of Transportation's (Caltrans) Storm Water Program as the office chief for storm water policy, planning and ermi responsible for permit negotiations, storm water management plan developrn~annualerepporting, compliance reviews, self-audit programs, public outreach, total maximum dail loads azeas of s ccial biolo 'cal s' y (IMDLs), P g1 ignificancc (ASBS), and many other issues. He developed many of the ~`,"'t'\I'~\E9U8\munidrml\U5136a meridian, otf oE\fic 3rd carte ite~i~ 11-13-07\pr°t~°sal ll-1a-Q7.doc .~. , .,- Mr. Clint llolsby . November 13, 2007 Page 3 Caltrans manuals and training programs related to Best Manage stnplementation for construction andposr-construction, He des wed, m~~ ~~~ for addressing work related to retrofit or r lacement of Ba .Are ll b~y Bps ~«fi~y wed technical advisor on any storm Water ~ y ~ Mjke will serve as a of the weekly inspections or monthl~agement questions that may arise from the City as a result y Party inspections. Todd Glindentan, Lead Inspector. T ~d Glin _ Scientist in Brown and CaldweIl's Boise office. Taoddnhas a B.S. and M~ egree in Enviroff Science and has hands-on experience with storm Water comphance work, Todd served as on~mental execution lead on the MHAFB Annual Storm Water Survey and p~y~ a key role in our Base Wide Storm Water System Evaluation. The system evaluation activities included characterization of the existing storm water BMPs and inspection and modeling of storm events to determine loa ' to the s~agement systems, performing hydrologic conveyance capacities and develop recomm~ lions to address eats dtauhc modehng to evaluate capacity for future construction on the Base. Todd's ~ defiaenetes providing and inspecting storm water facilities make him well a%~ence dealing with storm water permits Inspections. qualified to assist Steve during the Third Patty Dale Kerner, P.G., Back-Up Inspector, Dale Kamer ~ 8 ~ of and Project Manager during which he has completed numerous storm~wat~cs~ra ~ including t preparation and review of SWPPPs, storm water BMPs, and site storm water inspections. Most recently, Dale lead our efforts in completing the SWPPPs for the Central Paving Company which included site inspection for stoma water compliance and evaluation of storm water BMPs for storm water management effectiveness Date's knowledge of storm water con fiance r hands-on storm Water inspection experience making him well P egulations and his on 1TD Thud p qualified to support Todd and Steve arty Inspedions. scopE of woRr~c Task 1 -Project Management Brown and Caldwell's project Manager will coordinate directly with the project Manager for the City, as needed to identify projects n~dmg wspecttons, review the inspection reports and bu t status. Task 1 includes setting up the project budget and schedule and overall tracking of thework progress. It also includes tracking dates and times of on-site inspections for reporting Purposes. Deliv-- e*abl~ • Monthly invoice. • Monthly log of storm water inspection dates and times by project. Task 2 -Initial Review and Comment of Project SWPPP Task 2 includes an initial thorough review of project SWPPP with recommendations on how to address potential areas ofnon-compliance. Recommendations w>Yl come in the form of a comment spreadsheet that identifies specific areas that need correction or modification. The SWI'PP review and comment will be completed within 2 weeks of receipt of the SWPPP. Deltverable_s • Excel spreadsheet with specific comments on recommended changes ensure compliance with the CGP. O1 rnodificadons to p:`•Y~P'A~=alsdp08'anwecipaCrOS1384 merfJ9n. city oPsw 3rd party i~sper,5ons t t-13-07~propasy 11-13-07.dor "R" ry„ Mr. Clint Dolsby • ~ • November 13, 2007 Page 4 Task 3 -Performance of Third Party Site Inspections Brown and Caldwell will utilize the individuals desarbed in this proposal to perform unasnounced construction site storm water inspections, Prior to condo become familiar with the project location and specifications tha govern thmse~~~~o~P a for will Inspectors will conduct inspections of all construction sites in a professional manner and document all findings and recommendations within an inspection form. The inspections will be conducted using the following guidelines: • Inspections shall be at least every 30 days. • Inspections shall be unannounced. • If significant deficiencies ate four a follow- s Provide to the City and the Responsible Contractor within 4go cur ~~ 14 days. ors of each inspection written findings and recommendations. • Upon review of the project SWPPP, provide to the City written findings of nay necessary changes to the SWPPP or BMPs within 7 days. • Inspectors will utilize the already existing City Storm Water Inspection form doting third party inspections. Brown and Caldwell will provide City management a copy of the inspection report as outlined in the Inspection Program. While Brown and Caldwell can ~fi{y deficiencies and suggest solutions in the inspection report, the City is responsible for ensuring the deficienciees are addressed by the Contractor. The City will. provide the list of projects that are subject to inspection. The list of projects will be updated every 3 months by the City. Deliverable • Inspection reports to the City within 48 hours of the inspection. Schedule The following presents a schedule to complete the tasks described in the scope of work. 1- Pnsject Nierlagement - - - - 2 - SWPPP Review aral Comment Wfthtn 1 uuee~c of receipt of th Project SWPPP 3 - Perfonrmnce ~ Site Irlspectlons Once every ~ days with inspegion tirt~ngs retun~ witliin 48 Fours Pee Estimate The following table provides a stunmary fee estimate for the scope of services proposed. The fee estimate is based on the assumptions developed from our conversations with Citq staff and our experience with other Third Party Inspection programs. Thcsc assumptions are presmtcd. in the following section, Brown and Caldwell proposes conducting this work on atime-and-materials basis not to exceed $30,000 with a multiplier of 3.2 applied to our direct labor rates and a 10 percent mark-up on materials and supplies used as part of this effort P~'•y+?'Pr~selstrya$'unutid~fiQ513&0 meridan, city ohsw 3rd party ipres 11 13-OT~rOp~g111 13 Q7.dDt .~ . Mr. Clint llolsby • • November 13, 2007 Page 5 1- Pry Manageme~q 2 - SWPPP Ratiew and Commern X2,000 3 - Periormartr~ 01 S&e Irtspec6ons $7,5~ $20,50p Assumptions Total $30,000 The following assumptions were ~~ ~ preparation of the scope of work and f~ estimate: • City will provide a list of projects for which the need for inspections are needed and an updated list every 3 months during project execution; and, ~ Brown and Ca1dQ,~ will utilize ~ Ci Storm Water M ~ anagement Inspection form. • The cost presented in the fee table is on atime-and-materials basis, not to exceed $30,Q00. Should Brown and Caldwell approach the $30,000 budgeted for the project, we will notify the City for additional funds. • The inspections will be conducted once ev 30 da s and deficiencies are found ~ y agaia ~~ 14 days if significant • Each inspection and follow-on report would require 6 hours including conservative and could be less de travel. This number is For pour convenience, we have prepared thisp oosal ,in the f ~ mp~~~ of the site. Performed wader the Master Agreement dated November 28, 2006Should ou ~~ of to be work immediately, please sign both copies of this better Agr y begin this 600 East Rivetpark bane, Suite 210, Boise, Idaho 83706. Th~ eit c p~s ~~ Q~ ~ one copy to Any questions concerning this pr°posal should be directed to Mr. Steee Burgos at (208) 336-1340. Very truly yours, BROWN AND CALDWF.,I,I, ACCEPTED BY THE CITY OF MERIDIAN %~~~~~ ~~ CJ~ By: ~ ,~'~~, Mark E. Tammy de eerd, Ma or .~~•i\: lf{!!9!'JlJJtty, Gagnon, P.G. y Office Manager ~~~~; •. ~~ ' ~-Y~~" '' , A :`a ~` --~... to r• =: ttes =~'~~ '•'~ William G. Berg, jr. Cirq k ~,M, r ~ _ ^. S e Approved by City Council: ~..'~`- :`~ Proi ~~ t~; ,~, 7 Mj MEG:kw Date• ZO ~ ZAr77 '~~.. _xy.-,~ '~ .; ''~ Attachments • ,~~ . a~z~+A~oels'::ry~oat2trnic~ar~5t3sa mercfa,,. arty ism bra padv ~~as~s ~ ~-,a-orrpraaosm ~t-~3o,.~x .,,.. -,. o • '~` Specific Prt,~ect Descriptions __.._....___._.. _~ Storm Water Mara9emer~t Third Party Ins~ons APPENDIX q SPECIFIC PROJECT DESCRIPTIONS Construction Storm Water Management Ptan, City of Meridian, Idaho Brown and Caldwell developed a program for the City of Meridian to meet stoma water requirements associated with the N Pollutant Discharge Elimination System (NPDES) Construction General Permit. This Prof consists of the following components: Develop astep-by-step storm water management approach for the City to apply to each construction project ro assure compliance with the Construction General Permit (CGP) and define espectations for contractors working on City projccts. Develop a Storm Water Pollution Prevention Plan (SWPPP) review checklist for the City to use when rcviewing and approving SWPPPs on City-owned projects. Develop an inspection program for identifying and implementing review methods and procedures. Conduct third party inspections on City construction projects that fall under the jurisdiction of the CGP. Provide compliance reporting s~aries that identifies project compliance as well as proactively identify problem areas prior to potential violations. Develop an 8-hour training curriculum on the basics of storm water construction projects and deliver training a minimum of two times in th ~ nd~ der Notice to Proceed (NTP). Key Personnel: Steve Burgos (p~~ectManager), Mi,~ p ~~~~C~ TecbnicadAdvu~or), Todd Glindeman (lead Scierrtict) Third Party Storm VYater Inspections, idaho Transportation Department Brown and Caldwell is currently conducting Third Party Storm Water Inspections for ITD's Franklin Road Interchange project to meet specific Consent Decree requirements. Our Third Party Inspection tasks being performed on the project include; Unannounced monthly inspections of the entirc project site. ' Monthly review of the site SWPPP and project storm water compliance paperwork. ' Physical site inspections of site BMPs for stone water and non-storm watcr management using. the ITD Inspecdon Form 2802. ~unkapePA51361 meddrar~ ~r a'~ 3rd p8ny iRSAecdcns 11 13 oTmraposa111.13-07.doc .n. . MRendix A - Sp~fic projea Der Storm Water Third Comparison of SD~PPP site lans sho p 's'ing BMp deployment to actual field conditions. • Compilation of Action Items to address any storm water man rccommcndations for improvcments. agemeat maintenance issues and • Completion of final inspection reports and provided to TTD and the Contractor within 24 hours of the inspection. At the request of TIT), Brown and Caldwell has also budgeted time in the contract outside of monthly storm water inspections for storm water consulting services to assist ITD in address' difficult storm water management issues that develop during proje~ construction. ~ Key Personnel: Steve Burgos (Pmject,Mauage1), Todd Glindeman (Lead Inspector) Resident Engineer Storm Water Management Training, Idaho Transportation Department In June 2006, the IT'U entered into a Consent Decree with the U.S. Environmental Protection Agency (EPA) that, among many other conditions, required the training of Resident Engineers (RFs) on storm water management within 120 days. I7"D understood that Brown and Caldwell had provided similar storm water training to transportation entities in other states, thus TTD requested Brown and Caldwell develop and deliver a ttauung course that met the conditions of the Consent Decree as well as improve the overall ability of ITD staff to be in compliance with storm water regulation. r„ ,ace, .Drown and Caldwell's scope of work included the development of a training course that covered the following topics as specified in the Consent Decree: • History of the Clean Water Act and past violations; • Roles of ITD, EPA and state regulatory perso~~ ~ storm water • How construction n tmel im management of ITD projects; ~ y Pacts receiving waters and the environment; • Basic principles of erosion and sediment control, as well as non-storm water discharges and waste management; • ITD standard plans, specifications, and manuals related to storm water management; • Selection and implementation of BMPs for addressing erosion, sediment control, ran-storm water discharges, and waste management within TTD projects; • How to review and approve a SUyPPP based on both TTD and EPA requirements and guidance manuals; • How to conduct inspection and maintenance of BMPs; and, • Final examination for testing student knowledge. Based on our experience with other state DOT training programs, Brown and Caldwell delivered significant cost savings to TI'D by utilizing exist corporate knowledge of basic stone water management associated with DQTs. Not only did past experience lead to cost savings but it alloared us to focus the training on specific TID storm water management needs. Finally, Brown and CaldweIl's responsiveness resulted in the development and delivery of three 16-hour training 2 P~!~p'Al~a1s~,~irntrdapaA051364 m~idlan, c3} o'Sx 3rd ~tty ~ it-t30AArop~11 t•t3-07.dx .~ . o • ~,_ sb~, w~ ~a-,a~„~,t rnn~ sessions within 2-1/2 months from notice to rocced This Consent Decree condition of ha ' P ~OVr~ I7"D to meet the critical °~$' all ITD REs trained within 120 days. Key Personnel: Steve Burgos, Pro~ectMar~a$er, Course Develaperand Instructor Contractor Storm Water Management Training, Idaho Associated General Contractors, Bolse, Idaho Trig mquirements in the recently signed ITD Consent Decree stipulate that any "Responsible Contractor" on an TTD project shall have a properly trained Water Pollution Control Manage! (p~,C~. This WPC:M shall attend an iTD certified storm water management course that includes field training on BMP installation and maintenance. Brows and Caldwell was retained by the Idaho Associated General Contractors (AGC) to develop and deliver this 16-hour course which included a 2-hour practical exam requiring students to develop their own storm water management site plan for a highway construction site. As part of this course, Brown and Caldwell organized a 4- hour field demonstration of how to properly select, ias as reviewed whax EPA would be loo ' ford ~' and maintaui storm water BMPs as well component of the course was revi ~ unng their storm water inspections. A key This included a thro h ste b -sr ~of the water inspection procedures and expectations. ~ ' p- y eP equirements associated with T1D Inspection Form 2802. K®y Personnel: Steve Buffos, PrnjectManager, Course De~eloperand Irrstr~rctor Annual Stapp Handbook Evaluation and Survey, Mountain Home Air Force Base, Idaho Brown and Caldwell conducted an evaluation and survey of approximately 40 Mountain Home Air Force Base (MHAFB) flight-line facilities with respect to their compliance with the storm water Multi Sector General Permit (MSGP) and use of effective storm water BMPs. Part of the work included inspection of the BMPs for proper installation and maintenance. 'The project also included reviewing and updating the MHAFB Storm Water Pollution Prevention (Stapp) Handbook and trauung MHAFB personnel in storm water prevention. Key Personnel: Steve Bros (Pr jeer Manager), Todd Glindemart (Inspector) Other Relevant Storm Water Experience in Idaho Below are several Brown and Caldwell stoan water office that contain relevant storm water ro ect a management projects completed from our Boise TTD P 1 xperience for the services we are likely to provide ~:~ ~ Uy08Vnta8dp~'A513@4m~ritidn,cityof+svi3rdP~'trapeCt~r~ .1-73-Oy~rep~111 1&07.d~ •T,. ARPendix A - Project Descriptions ~_„____ Storm Watw Managemerrt Third Party Inspections Review and U __~~~ plate of Storm Water Poiiutian prevention Plans, Central Paving Corpamtian, Boise, Idaho Brown and Caldwell, lead by Dale Kerner, reviewed and updated SWI'PPs for five active s gravel operations owned by t:,en~ pay~g ~'oug'hout the Treasure gall and and required as parr of Central Paving's MSGP. The work included site in ~ The SWPPPs are RMPs and updating he facili spections of storm water t ty SWPPPs to reflect current conditions on site. Key Personnel: Dale Kerner rp, j~ age, and I,z~pector~ Review and Update of Storm Y{later Pollution Prevention Plans, Idahoan Foods Brown and Caldwell reviewed and updated SWl'PYs for two lar by Idah°~ Foods in Rupert and Glens F ~ Potato processing facilities owned MSGP. The work included site ' ~' ~1e SDiIPPPs are requited as part of Idahoan Foods vnspections of storm water BMPs and updating the facility SWPPPs to reflect current conditions on site. Key Personnel: Dale Kerner ~"r) Base Wide Storm Water System Evaluation, Mountain Home Air Force Base, Idaho Brown and Caldwell performed a detailed evaluation of includes more than 600 inlets and 88,0(?0 feet of comeyyan pipe' and ditches~Proje~ct activities included characterizing the existng systems, erfo deterYnine l to the s st P rmtng hydrologic modeling of storm events to °a~ y em, and hydraulic modeling to evaluate conveyance capacities and developed recommendations to address existing deficiencies and provided capadty for future construction on the Base. In addition, Brown and Caldwell evaluated compliance with its storm water NPDES permit and related environmental issues. Key Personnel: Todd Glindeman (1'rupector) a~~P~aP~sa~stnwticiPa~l3BAmaiaia 4 a, ~ r Srd ~Y tk~ 11•t307propo~ I7•i3p:.dx .~.. • • ~~~~d d~'i ~p ii ~~~ r ~~ d~~ Memo To: Will Berg; Tara Green From: Clint Dolsby, Assistant City Engineer CC: Len Grady, City Engineer r ~:.~ ^: a~s~ ~l~r~~ ~.ai~~.._ Date: 11 /15/2007 Re: Proposed Agenda Item for November 20, 2007 Ciiy Council Meeting The Public Works Department respectfully requests the following items be placed on the November 20 City Council agenda, under Consent Agenda, for Council's consideration: License Agreement for the North Black Cat Trunk Sewer. A request for license agreement with the Settlers Irrigation District for the two locations where the sewer will be crossing a Settlers Irrigation District facility has been received by the Public Works Department. Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement for the iwo locations where the waterline will be crossing a Settlers Irrigation District facility and authorize the Mayor to sign it. WWTP UV Third Bank Installation. Custom Electric, Inc has submitted a quote for the installation of the UV equipment that was procured by the City. They propose to complete the work for $7,521. This project consists of the installation of the third bank of the UV disinfection system with a control panel and rerouting the cables so that adjacent units are controlled together. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the WWTP W Third Bank Installation with Custom Electric, Inc for $7,521 and authorize the Mayor to sign it. Task Order 3.0 - Stormwater Management Third Party Inspections. Brown and Caldwell has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $30,000. This is an extension of the miscellaneous • Page 1 CJ C~ wastewater services agreement approved by City Council on the 12~' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services to perForm third party storm water management inspections as requested on construction projects that exceed one acre of disturbed soil. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Task Order 3.0 Stormwater Management Third Party Inspections with Brown and Caldwell for $30,000 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. • Page 2 (1H1 I:act Ri~•crp~,artc, tiuitc 210 Roicc, Idaho83711Ci 1'cl: X18-33G-73411 I~ac: 2l}8-34411825 w~~~c.bron•nandeald~ elLcom November 13, 2007 Mr. Clint Dolsby City of Meridian Public Works Department 660 East Watertower, Suite 200 Meridian, Idaho 83642 ~i 54-08-051364-003 ~K.. vr~ 3. l5 Subject: Proposal fox Storm Water Management Third Party Inspections Dear Mr. Dolsby: Recently, Brown and Caldwell completed a Construction Storm Water Management Plan for the City of Meridian (City) that focused on helping the City achieve compliance with the Construction General Permit (CGP). As part of this plan, the City requested that Brown and Caldwell submit a proposal to perform third party storm water management inspections on construction projects that exceed one acre of disturbed soil for compliance with the CGP requirements. The following proposal presents a brief summary of our qualifications and staff available to perform the work. In addition, we have provided a detailed Scope of Work and Fee Estimate for City review and approval. We propose this work to be completed under our Master Agreement for Engineering Services dated November 28, 2006. QUALIFICATIONS Regarding storm water management experience and capabilities, Brown and Caldwell is considered a national leader and specifically a leader in construction storm water management for municipalities and state Departments of Transportation (DOTs). In Idaho, we have performed storm water work throughout the state including extensive work with the Idaho Transportation Department's (ITD) storm water program. In addition to understanding how to efficiently execute third party storm water inspections, we bring a unique understanding of the U.S. Environmental Protection Agency's (EPA's) storm water management requirements having developed and delivered the Resident Engineer Storm Water Management Training and Contractor Storm Water Management training as part of the recently signed ITD Consent Decree. We are proud to suggest that this combination of inspection and training experience give us the capability to efficiently execute the many storm water support tasks required by the City. The following table provides highlights of some of our storm water inspection and management experience in the State of Idaho, with ITD, and with state DOTS and government agencies. p:~~~p\proposals\fyt18\munieihal\0513G4 meridian, city of\a'a• 3rci party in.+peetion. 11-13-t}7\projx~;il 11-13-t17.doc Mt. Clint Dolsby ~ • November 13, 2007 Page 2 .- ..- . Pro act I - Field Inspections SWPPP Review Trainin g Franklin Road Interchange Third Parly Inspections, RD / / Resident Engineer Storm Water Management Training, ITD / / / Contrector Storm Water Management Training, Idaho AGC / / / Annual Stone Water Prevention Polluton Handlwok Evaluation and Survey, Mountain Home Air Force Base, Idaho / / / Review and Update of Storm Water Poilutfon Prevention Plans, Central Paving Corporation, Boise, Idaho / / / Base Wide Storm Water System Evaluation, Mountain Home AU Force Base, Idaho / / Construction and Maintenance Compliance Assistance for Erosion Control and Storm Water Management, Galtrans ~ d general Storm Water Support, CaHrans / r ~ Storm Water Management Support, Nevada DOT ~ Review and Update of Storm Water Pollution Prevention Plans, Idahoan Foods / / riease see Appenaix A ror tletaned wme-ups on boltl~ projects listed in the table. PROPOSED STAFF Steve Burgos, Project Manager. Steve Burgos will serve as out Project Manager and ensure the City is receiving the type of and level of service you expect. Steve is a Client Service Manager with 12 years experience successfully managing and completing storm water, wastewater, and water projects. Steve is currently serving as our Project Manager for the Third Party Inspections being performed on ITD's Franklin Road Interchange project. In addition, Steve serves as the Project Manager and Lead Instructor for the development and delivery of ITD's Resident Engineer (RE) Construction Storm Water Management Training curriculum. Steve is also the leader of our efforts in developing and instructing the Idaho Associated General Contractors' (AGC) Contractor Storm Water Management Class as required by ITD's Consent Decree. Through this class, Steve gained valuable insights into how Contractor's view storm water compliance. Accordingly, Steve is very familiar with storm water management programs and the requirements of the CGP. On the City's contract, Steve will oversee the compilation of the storm water inspection information and make certain the monthly inspection reports submitted to the City thoroughly cover all of the required inspection information. In addition, he will be the lead in reviewing project Storm Water Pollution Prevention Plans (SWPPPs}. Mike Flake, Technical Advisor. Michael Flake is the principal storm water leader within Brown and Caldwell's western region. He specializes in providing guidance and assistance on storm water management projects throughout California and the surrounding western states including work in Idaho with ITD and the Idaho AGC on their storm water management training programs. Mike has 14 years of experience managing and conducting storm water efforts and environmental services. Four (4} years were spent managing the California Department of Transportation's (Caltrans} Storm Water Program as the office chief for storm water policy, planning and permitting. Mike was responsible for permit negotiations, storm water management plan development, annual reporting, compliance reviews, self-audit programs, public outreach, total maximum daigy loads CTMDI.s), areas of special biological significance (ASBS), and many other issues. He developed many of the r:\~~p\rraposals\fy0s\municipal\1151364 meridian, cite ot~se 3rd pam in..txraons 11-13-117\prolxnal 11-13(17.doc Mr. Clint Dolsby November 13, 2007 Page 3 Caltrans manuals and training programs related to Best Management Practices (BMI') implementation for construction and post-construction. He designed many BMPs specifically used for addressing work related to retrofit or replacement of Bay Area toll bridges. Mike will sere a as a technical advisor on any storm water management questions that may arise from the City as a result of the weekly inspections or monthly third party inspections. Todd Gllndeman, Lead Inspector. Todd Glindeman has over 7 years experience as a Staff Scientist in Brown and Caldwell's Boise office. Todd has a B.S. and M.S. degree in Environmental Science and has hands-on experience with storm water compliance work. Todd served as our execution lead on the MHAFB Annual Storm Water Survey and played a key role in our Base Wide Storm Water System Evaluation. The system evaluation activities included inspection and characterization of the existing storm water BMPs and management systems, performing hydrologic modeling of storm events to determine loading to the system, and hydraulic modeling to evaluate conveyance capacities and develop recommendations to address existing deficiencies providing capacity for future construction on the Base. Todd's experience dealing with storm water permits and inspecting storm water facilities make hitn well qualified to assist Steve during the Third Parry Inspections. Dale Kerner, P.G., Back-Up Inspector. Dale Kerner has 8 years of experience as a Staff Geologist and Project Manager during which he has completed numerous storm water assignments including preparation and review of SWPPPs, storm water BMPs, and site storm water inspections. Most recently, Dale lead our efforts in completing the SWPPPs for the Central Paving Company which included site inspection fox storm water compliance and evaluation of storm water BMPs fox storm water management effectiveness. Dale's knowledge of storm water compliance regulations and his hands-on storm water inspection experience making him well qualified to support Todd and Stevc on ITD Third Party Inspections. SCOPE OF WORK Task 1 -Project Management Brown and Caldwell's Project Manager will coordinate directly with the Project Manager for the City, as needed to identify projects needing inspections, review the inspection reports and budget status. Task 1 includes setting up the project budget and schedule and overall tracking of the work progress. It also includes tracking dates and times of on-site inspections for reporting purposes. Deliverables • Monthly invoice. • Monthly log of storm water inspection dates and times by project. Task 2 -Initial Review and Comment of Project SWPPP Task 2 includes an initial thorough review of project SWPPP with recommendations on how to address potential areas ofnon-compliance. Recommendations will come in the form of a comment spreadsheet that identifies specific areas that need correction or modification. The SWPPP review and comment will be completed within 2 weeks of receipt of the SWPPP. Deliverables • Excel spreadsheet with specific comments on recommended changes or modifications to ensure compliance with the CGP. p:~wplproposals•!y08'~,municipaf~051364 meridian. city ofsvr 3rd party inspections 11-1;-07.propasal N-13-07.doc Mr. Clint Dolsby ~ • November 13, 2007 Page 4 Task 3 -Performance of Third Party Site Inspections Brown and Caldwell will utilize the individuals described in this proposal to perform unannounced construction site storm water inspections. Prior to conducting any site inspection, the inspector will become familiar with the project location and specifications that govern the construction site. Inspectors will conduct inspections of all construction sites in a professional manner and document all findings and recommendations within an inspection form. The inspections will be conducted using the following guidelines: • Inspections shall be at least every 30 days. • Inspections shall be unannounced. • If significant deficiencies are found, afollow-up inspection will occur within 14 days. • Provide to the City and the Responsible Contractor within 48 hours of each inspection written findings and recommendations. • Upon review of the project SWPPP, provide to the City written findings of any necessary changes to the SWPPP or BMPs within 7 days. • Inspectors will utilize the already existing City Storm Water Inspection form during third party inspections. Brown and Caldwell will provide City management a copy of the inspection report as outlined in the Inspection Program. While Brown and Caldwell can identify deficiencies and suggest solutions in the inspection report, the City is responsible for ensuring the deficiencies are addressed by the Contractor. The City will provide the list of projects that are subject to inspection. The list of projects will be updated every 3 months by the City. Deliverables • Inspection reports to the City within 48 hours of the inspection. Schedule The following presents a schedule to complete the tasks described in the scope of work. 1-Project Management 2 - SWPPP Review and Comment Within 1 week of receipt of the project SWPPP 3 - Performance of Site Inspections ~~ every 30 days with inspection findings returned wfthin 48 hours Fee Estimate The following table provides a summary fee estimate for the scope of services proposed. The fee estimate is based on the assumptions developed from our conversations with City staff and our experience with other Third Party Inspection programs. These assumptions are presented in the following section. Brown and Caldwell proposes conducting this work on atime-and-materials basis not to exceed $30,000 with a multiplier of 3.2 applied to our direct labor rates and a 10 percent mark-up on materials and supplies used as part of this effort. p:\wp',praposais~`v08'~municipaf~A51364 mentlian. city ofsvr 3tt1 parry inspections 11-13-W+proposal u-13-a?.doc Mr. Clint Dolsby ~ • November 13, 2007 •Page 5 1-Project Management $2,000 2 - SWPPP Review and Comment $7,500 3 -Performance of Site Inspections $20,500 Total $30,000 Assumptions The following assumptions were made in preparation of the scope of work and fee estimate: • City will provide a list of projects for which the need for inspections are needed and an updated list every 3 months during project execution; and, • Brown and Caldwell will utilize the City Storm Water Management Inspection form. • The cost presented in the fee table is on atime-and-materials basis, not to exceed $30,000. Should Brown and Caldwell approach the $30,000 budgeted for the project, we will notify the City for additional funds. • The inspections will be conducted once every 30 days and again within 14 days if significant deficiencies are found. • Each inspection and follow-on report would require 6 hours including travel. This number is conservative and could be less depending on the size and complexity of the site. For your convenience, we have prepared this proposal in the form of a Letter Agreement to be performed under the Master Agreement dated November 28, 2006. Should you desire to begin this work immediately, please sign both copies of this Letter Agreement Proposal and return one copy to 600 East Riverpark Lane, Suite 210, Boise, Idaho 83706. The other copy is for your files. Any questions concerning this proposal should be directed to Mr. Steve Burgos at (208) 336-1340. Very truly yours, BROWN AND CALDWELL ACCEPTED BY THE CITY OF MERIDIAN ~~ Mark E. Gagnon, P.G. Office Manager Se e Prof anager MEG:kw Attachments By: Tammy de Weerd, Mayor Attest: William G. Berg, Jr. CitS~ Clerk Approved by City Council: Date: p:.wp''proposals•fy08'vnuMCipafti051364 meridian. city of~sw 3rd pally ~^spec~ons 11-t3-G7~propct5al 11-13-07.da s Appendix A - Specific Project Descriptions Storm Water Management Third Party Inspecfions APPENDIX A SPECIFIC PROJECT DESCRIPTIONS Construction Storm Water Management Plan, City of Meridian, Idaho Brown and Caldwell developed a program for the City of Meridian to meet storm water management requirements associated with the National Pollutant Discharge Elimination System (NPDES) Construction General Permit. This program consists of the following components: ^ Develop astep-by-step storm water management approach for the City to apply to each construction project to assure compliance with the Construction General Permit (CGP) and define expectations fox contractors working on City projects. • Develop a Storm Water Pollution Prevention Plan (SWPPP) review checklist for the City to use when reviewing and approving SWPPPs on City-owned projects. • Develop an inspection program for identifying and implementing review methods and procedures. ^ Conduct third party inspections on City construction projects that fall under the jurisdiction of the CGP. • Provide compliance reporting summaries that identifies project compliance as well as proactively identify problem areas prior to potential violations. ^ Develop an 8-hour training cumculum on the basics of storm water management for construction projects and deliver training a minimum of two times in the 12 months after Notice to Proceed (NTP). Key Personnel: Steve Burgos (Project Manager), Mike Flake (QA/QC, Tecf~nical fldviror), Todd Glindeman (Lead Scientist) Third Party Storm Water Inspections, Idaho Transportation Department Brown and Caldwell is currently conducting Third Party Storm Water Inspections for ITD's Franklin Road Interchange project to meet specific Consent Decree requirements. Our Third Party Inspection tasks being performed on the project include: ^ Unannounced monthly inspections of the entire project site. ^ Monthly review of the site SWPPP and project storm water compliance paperwork. • Physical site inspections of site BMPs for storm water and non-storm water management using the ITD Inspection Form 2802. 1 p:1wp',proposals+JyC8`•municipai~0513E 3 mendian, city of~,w 3rd pa-ry inspections 11.13-C7 proposal t 1 •?3-C7.dx Appendix A -Specific Project Descriptions Storm Water Management Third PartSr Inspections ^ Comparison of SWPPP site plans showing BMP deployment to actual field conditions. ^ Compilation of Action Items to address any storm water management maintenance issues and recommendations for improvements. ^ Completion of final inspection reports and provided to ITD and the Contractor within 24 hours of the inspection. At the request of ITD, Brown and Caldwell has also budgeted time in the contract outside of monthly storm water inspections for storm water consulting services to assist ITD in addressing difficult storm water management issues that develop during project construction. Key Personnel: Steve Burgos (Project Manager), Todd Glindeman (Lead Inspector) Resident Engineer Storm Water Management Training, Idaho Transportation Department In June 2006, the ITD entered into a Consent Decree with the U.S. Environmental Protection Agenry (EPA) that, among many other conditions, required the training of Resident Engineers (REs) on storm water management within 120 days. ITD understood that Brown and Caldwell had provided similar storm water training to transportation entities in other states, thus ITD requested Brown and Caldwell develop and deliver a training course that met the conditions of the Consent Decree as well as improve the overall ability of ITD staff to be in compliance with storm water regulations. As such, Brown and Caldwell's scope of work included the development of a training course that covered the following topics as specified in the Consent Decree: ^ History of the Clean Water Act and past violations; ^ Roles of ITD, EPA and state regulatory personnel in storm water management of ITD projects; ^ How construction negatively impacts receiving waters and the environment; ^ Basic principles of erosion and sediment control, as well as non-storm water discharges and waste management; ^ ITD standard plans, specifications, and manuals related to storm water management; ^ Selection and implementation of BMPs for addressing erosion, sediment control, non-storm water discharges, and waste management within l"TD projects; ^ How to review and approve a SWI'PP based on both ITD and EPA requirements and guidance manuals; ^ How to conduct inspection and maintenance of BMPs; and, ^ Final examination fox testing student knowledge. Based on our experience with other state DOT training programs, Brown and Caldwell delivered significant cost savings to ITD by utilizing existing corporate knowledge of basic storm water management associated with DOTs. Not only did past experience lead to cost savings but it allowed us to focus the training on specific ITD storm water management needs. Finally, Brown and Caldwell's responsiveness resulted in the development and delivery of three 16-hour training 2 p:~aNp+Frpposalslfy0b+m~nicipal`;051364 meridian, city oEsw 3rd party inspections 11-t3-C7 Frcposal 71-8•07.doC Appendix A - Specfic Project Descriptions Storm Water Management Third Party Inspections sessions within 2-1/2 months from notice to proceed. This allowed ITD to meet the critical Consent Decree condition of having all ITD REs trained within 120 days. Key Personnel: Steve Burgos, Pr ject Manager, Courre Developer arrd Inrtnrctor Contractor Storm Water Management Training, Idaho Associated General Contractors, Boise, Idaho Training requirements in the recently signed ITD Consent Decree stipulate that any "Responsible Contractor" on an ITD project shall have a properly trained Water Pollution Control Manager (WPCM). This WPCM shall attend an ITD certified storm water management course that includes field training on BMP installation and maintenance. Brown and Caldwell vas retained by the Idaho Associated General Contractors (AGC) to develop and deliver this 16-hour course which included a 2-hour practical exam requiring students to develop their own storm water management site plan for a highway construction site. As part of this course, Brown and Caldwell organized a 4- hour field demonstration of how to properly select, install, and maintain storm water BMPs as well as reviewed what EPA would be looking for during their storm water inspections. A key component of the course was reviewing ITD storm water inspection procedures and expectations. This included a through, step-by-step review of the requirements associated with ITD Inspection Form 2802. Key Personnel: Steve Burgos, Pry ject Manager, Caurre Developer and Inrtnrctor Annual SWPP Handbook Evaluation and Survey, Mountain Home Air Force Base, Idaho Brown and Caldwell conducted an evaluation and survey of approximately 40 Mountain Home Air Force Base (MHAFB) flight-line facilities with respect to their compliance with the storm water Multi-Sector General Permit (MSGP) and use of effective storm water BMPs. Part of the work included inspection of the BMPs for proper installation and maintenance. The project also included reviewing and updating the MHAFB Storm Water Pollution Prevention (SWPP) Handbook and training MHAFB personnel in storm water prevention. Key Personnel: Steve Burgos (Pr~~ ject Manager), Todd Glindeman (Inspector) Other Relevant Storm Water Experience in Idaho Below are several Brown and Caldwell storm water management projects completed from our Boise office that contain relevant storm water project experience for the services eve are likely to provide ITD. 3 p:'.v~~p~•proposalsUyO&`•rnanicipa1,,0513E4 meridian, city oPsw 3rd parry ir~spectior~ 11-t3-0Tproposal t t-'3-67.dx Appendix A - Specfic Project Descriptions Storm Water Management Third Parnr Inspections Review and Update of Storm Water Pollution Prevention Plans, Central Paving Corporation, Boise, Idaho Brown and Caldwell, lead by Dale Kerner, reviewed and updated SWPPPs for five active sand and gravel operations owned by Central Paving throughout the Treasure Valley. The SWPPPs are required as part of Central Paving's MSGP. The work included site inspections of storm water BMPs and updating the facility SWPPPs to reflect current conditions on site. Key Personnel: Dale Kerner (Project Manager and Inspector) Review and Update of Storm Water Pollution Prevention Plans, Idahoan Foods Brown and Caldwell reviewed and updated SWPPPs for hvo large potato processing facilities owned by Idahoan Foods in Rupert and Glens Ferry. The SWPPPs are required as part of Idahoan Foods MSGP. The work included site inspections of storm water BMPs and updating the facility SWPPPs to reflect current conditions on site. Key Personnel: Dale Kerner (Inspector) Base Wide Storm Water System Evaluation, Mountain Home Air Force Base, Idaho Brown and Caldwell performed a detailed evaluation of MHAFB's storm water system, which includes more than 600 inlets and 88,000 feet of conveyance pipe and ditches. Project activities included characterizing the existing systems, performing hydrologic modeling of storm events to determine loading to the system, and hydraulic modeling to evaluate conveyance capacities and developed recommendations to address existing deficiencies and provided capacity for future construction on the Base. In addition, Brown and Caldwell evaluated compliance with its storm water NPDES permit and related environmental issues. Key Personnel: Todd Glindeman (Inspector) 4 p::wp~praposals4y0$~mun cipal'~.05136~t meridian, ary of~sw 3rd pa^y inspections 11-t~-C7proposa! 11-'3 O~.doc 2800 West Idaho Bivd. Emmett, ID 83617 Phone: 208-365-2700 Fax: 208-365-2768 To: City of Meridian Date 11/13/07 RE: Installation of U.V. System Subject: Diivislon 16000 (Electrical) Prom: Custom Electric Pages 1 including this one CC. Clint Dolsby Electrical Contractor License # - C-03774 Public Works License # -12614-AA-(1600) Custom Electric, Inc. is pleased to offer the following scope letter for the City of Meridian owner furnished U.V. system. Our quotation includes the following services for Division 16000. 1) Complete Electrical System • Conduit and wire. • Installation of U.V. system in effluent channels. • New Cutler Hammer disconnect. • New 50 amp 240 volt breaker for electrical panel. • Installation of new U.V. control panel in U.V. control room. • Rerouting control cables so that adjacent units are controlled together. Custom Electric, Inc appreciates the opportunity to quote this project, and we look forward to working with you. If you have any questions regarding our scope, please contact Russell Steadman @ 208-941-6390. Thank you, Russell Steadman Base Bid- $7521.00 November 16, 2007 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. 5-S REQUEST Agreement for Professional Services for 3rd Street Study with S'a Mile Engineering, P.A. and Meridian Development Corporation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See ailtached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: _ MERIDIAN SCHOOL DISTRICT: ~I,._y~ 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: Emailed: Phone: ~rarr mma~s- Materials presented at public meetings shall become properly of the Cffy of Meridian. • AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this ~~ day of al ~~~6~ , 2007, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, Meridian Development Corporation, hereinafter referred to as "MDC", 33 East Idaho Avenue, Meridian, Idaho 83642, and Six Mile Engineering P_A ,hereinafter referred to as "CONSULTANT", whose business address is 10448 W. Garverdale Court, Ste 60b, Boise, ID 83704, . 1. Scope of Services: CONSULTANT shall perform all services, and comply in all respects, as specified in the document titled "Scope of Work, Budget and Schedule," a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on July 30, 2008_ unless earlier terminated or extended. 3. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY and MDC from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by CONSULTANT, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of MDC, CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY and MDC shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY or MDC; and if CITY or MDC become liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY and MDC from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, CONSULTANT shall maintain Workers Compensation Insurance, in the statutory limits as required bylaw. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted PROFESSIONAL SERVICES AGREEMENT -page 1 of 5 • i to the City Clerk with a copy to Meridian the City Purchasing Agent, 33 East Idaho Avenue, Meridian, Idaho 83642. 4. Independent Contractor: In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY or MDC. The selection and designation of the personnel of the CITY and MDC in the performance of this agreement shall be made by the CITY and MDC respectively. 5. Compensation: CONSULTANT shall be compensated for professional services pursuant to and specified in attached Exhibit "A." 6. Method of Payment: CONSULTANT will invoice the City of Meridian Accounting Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month or upon completion of the scope of services. The CITY will pay all invoices within thirty (30) days after receipt. 7. Notices: Any and all notices required to be given by any of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Meridian Development Corporation 33 E. Idaho Avenue Meridian, Idaho 83642 Six Mile Engineering 10448 W. Garverdale Court; Ste. 606 Boise, ID 83704 Any 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. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as PROFESSIONAL SERVICES AGREEMENT -page 2 of 5 • 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. 9. 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. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT 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 or MDC. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not discriminate against any person not limited to the following, on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the CITY or NIDC may require, there shall be furnished to the CITY or NIDC such statements, records, reports, data and information as the CITY or MDC may request pertaining to matters covered by this Agreement. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY or NIDC may deem necessary, there shall be made available to the CITY or MDC for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY or 1VIDC 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. 14. 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 and NIDC 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. 15. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. PROFESSIONAL SERVICES AGREEMENT -page 3 of 5 16. Changes: The CITY or MDC may, from tune to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY, MDC and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, CONSULTANT, 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 or MDC Board of IDirectors determines that termination of this Agreement is in the best interest of CITY or NIDC, the CITY or NIDC shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY and MDC. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY or MDC, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY or MDC for damages sustained by the CITY or NIDC by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY or MDC from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY or MDC for damages. 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. 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. PROFESSIONAL SERVICES AGREEMENT -page 4 of 5 ~ ~ 20. 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. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CONSULTANT BY: Q~ ~~~ CITY OF MERIDIAN BY: i~~'~~/!" TAMMY de ,MAYOR MERIDIAN DEVELOPMENT CORPORATION ~jJ~lr4ieejlnd+.J PROFESSIONAL SERVICES AGREEMENT -page 5 of 5 Exhibit A Scope of Work, Budget and Schedule ~ ~ SCOPE OF WORK, BUDGETAND SCHEDULE 3RD STREET EXTENSION ALIGNMENT STUDY SCOPE OF WORK PROJECT UNDERSTANDING This study will identify an alignment for the extension of 3`d Street from Carlton Avenue north to Fairview Avenue. This extension will provide internal area trips access to Franklin Road on the south and Fairview Avenue on the north. The potential alignment options to be evaluated are: ^ 2'/ Street -Extend 3`d Street from Carlton Avenue to 2 ~/z Street and then back to 3`d Street north of Badley Avenue. (As directed by the City and MDC, there is the possibility that 2'/Z Street may be closed near the shopping center at Fairview Avenue in the future so extending 3`d Street to the 2'/ Street intersection with Fairview Avenue is not being considered.) ^ 3`d Street -Extend 3`d Street north along the existing 3`~ Street bearing from Carlton Avenue to Fairview Avenue. ^ 4t" Street -Extend 3`d Street north from Carlton Avenue to 4~' Street and then north to Fairview Avenue In addition, one alignment alternative will 6e developed for an east-west connection from the 3`d Street extension to Main Street. The general study area is bounded by Fairview Avenue, Main Street, 5~" Street and Pine Avenue. This study is being conducted for the City of Meridian and the Meridian Development Corporation (MDC). These agencies will lead the public involvement effort to engage stakeholders and the public in the development of the preferred alignment. PROJECT TASKS TASK 1 -MAPPING 1.1 Project Control and RNV TASK Z -PUBLIC INVOLVEMENT 2.1 Stakeholder Involvement 2.2 Public Open House Meeting SCOPE OF WORK, BUDGETAND SCHEDULE NOVEMBER 14, 2007 3RD STREET EXTENSION ALIGNMENT STUDY PAGE') OF S ~ ~ TASK 3 -ALIGNMENT ALTERNATIVES 3.1 Typical Sections 3.2 Develop Alignment Options 3.3 Alignment Cost Estimates 3.4 Alternative Analysis and Recommendations 3.5 Alignment Study Report TASK 4 -PROJECT MANAGEMENT 4.1 Project Coordination and Meetings 4.2 Project Administration PROJECT TASK DESCRIPTIONS TASK 1 -MAPPING Preliminary alignment alternatives will be developed using GIS files provided by the City of Meridian in digital format, including right-of-way boundaries, parcel ownership information, and the most current aerial images. No survey will be performed as part of the development of the preliminary alignment alternatives. Once a recommended alignment alternative has been approved by the City and MDC, the surveying Subconsultant will perform the necessary research to establish the existing right-of--way centerline and tie the centerline to the coordinate system used for the aerial photography and GIS files (Ada County GIS Base Map Datum). Individual parcel property lines will be identified for up to 46 parcels along the recommended alignment alternative. The property lines will be based on information from deeds and plats. Initial research of the deeds for the properties within the study area will be performed to determine and confirm property lines along the right-of--way. Title reports for each of the properties will not be requested and are not included in this scope of work. 1.1 Project Control and R/W: Subconsultant will perform necessary research to locate existing section corners and establish project control and existing centerline to facilitate property ownership and future supplemental field surveys. The control will be translated, if necessary, to the Ada County coordinates used for the aerial photography and GIS files provided by the City of Meridian (Ada County GIS Base Map Datum}. Right-of--way will be identified for up to 46 parcels along the approved alignment alternative and will be based on information from deeds and plats. Property boundaries fronting the approved alignment will be surveyed. SCOPE OF WORK, BUDGETAND SCHEDULE NOVEMBER 14, 2007 3RD STREET EXTENSION ALIGNMENT STUDY PAGE 2 OF 8 Deliverables: ^ Project Control and Right-of--Way Mapping TASK 2 -PUBLIC INVOLVEMENT The City and MDC will lead the public involvement effort. The Consultant will support the City and MDC in the public involvement process by preparing exhibits and providing technical information and staff at the meetings. Project talking points will be developed by the City and MDC with technical assistance from the Consultant. The project talking points will be used by the City and MDC as communication materials such as media releases, letters, and newsletters/self mailers. 2.1 Stakeholder Involvement: The City and MDC will coordinate with stakeholders to identify project issues. The City and MDC will conduct stakeholder interviews. The stakeholder interviews will identify project issues. Interviews are likely to involve entities such as roadways, utilities, railroad, irrigation districts, developers, neighborhood associations, property owners and local and state agencies. The City and MDC will document the relevant provisions of stakeholder comprehensive plans and programs and provide overview information to the Consultant for inclusion in the alignment development. The railroad crossing on 3`~ Street is outside of the project area but the Consultant will contact the railroad and solicit input based on potential increased traffic volumes at the crossing. A summary of the coordination with the railroad will be submitted to the City and MDC documenting input provided by the railroad. Deliverables: ^ Railroad Coordination Summary 2.2 Public Open House Meeting: One open house public involvement meeting will be held for this study and will be attended by the City, MDC, and the Consultant. The purpose of the public open house meeting will be to: ^ Provide the public the opportunity to identify issues of concern. ^ View alignment options and typical roadway section. ^ Present the three 3`~ Street alignment alternatives approved by the City and MDC. ^ Obtain comments from meeting attendees. SCOPE OF WORK, BUDGETAND SCHEDULE NOVEMBER 14, 2007 3RD STREET EXTENSION ALIGNMENT STUDY PAGE 3 OF 8 The City and MDC will advertise and schedule the public open house meeting. The meeting. will be attended by the City, MDC, and two Consultant representatives. The Consultant will prepare the display boards. A draft copy of the boards will be reviewed by the City and MDC prior to the open house. It is assumed that no more than six presentation boards will be needed for the public open house meeting. A summary of comments received will be prepared by the City and MDC. Deliverables: ^ Display Boards for Public Open House Meeting TASK 3 -ALIGNMENT ALTERNATIVES The Consultant will develop three horizontal alignment options for the 3`d Street extension based on existing conditions, comprehensive plans, stakeholder interviews, and agency comments. The alignment options will be developed in close consultation with the City and MDC and based on policies from ACHD, current land uses and proposed and approved developments. The limits of each alignment alternative will start where the alignment diverges from the existing roadway and end where the alignment connects to the existing roadway. 3.1 Typical Sections: Roadway typical sections will be developed for the 3`~ Street extension. Typical sections will be based on ACHD's Policy Manual, recommendations from ACHD's Transportation and Land Use Integration Plan, and MDC's streetscape guidelines. Because 3`d Street is not functionally classified, COMPASS forecasts are not available to help determine the roadway lane configuration for the typical sections. As a result, the typical section lane configuration will be based on existing traffic demand and input from stakeholders on future traffic demand. No formal traffic report will be submitted as part of this study. Deliverables: ^ Typical Sections 3.2 Develop Alignment Options: Consultant will develop the following alignment options for the proposed 3`d Street extension: ^ 2'/i Street -Extend 3`d Street from Carlton Avenue to 2'/Z Street and then back to 3`d Street north of Badley Avenue. (As directed by the City and MDC, there is the possibility that 2'/ Street may be closed near the shopping center at Fairview Avenue in the future so extending 3`~ Street to the 2'/ Street intersection with Fairview Avenue is not being considered.) SCOPE OF WORK, BUDGETAND SCHEDULE NOVEMBER 14, 2007 3RD STREET EXTENSION ALIGNMENT STUDY PAGE 4 OF 8 • ^ 3`d Street -Extend 3`d Street north along the existing 3`d Street bearing from Carlton Avenue to Fairview Avenue. ^ 4~' Street -Extend 3`d Street north from Carlton Avenue to 4~' Street and then north to Fairview Avenue The alignment options will include horizontal alignment information and intersection geometry to the limits of improvements. Roll plots of the alignment options will be prepared and delivered to the City and MDC for review prior to the Public Open House Meeting. Deliverables: ^ Roll Plots of Alignment Alternatives 3.3 Alignment Cost Estimates: The Consultant will prepare a planning level opinion of probable project costs (engineering, right-of--way, construction) for each of the three preliminary alignment alternatives. The cost estimates will be utilized in the alignment analysis and could be used for future project programming and budgeting with appropriate unit cost updates for inflation. ACRD will provide estimates of RMI unit costs. 3.4 Alternative Analysis and Recommendations: Each alignment option will be evaluated based on the following criteria: ^ Alignment cost estimates ^ Agency, stakeholder, property owner, and public input ^ TrafFc operations ^ Consideration for adopted plans and active plans The Consultant will qualitatively evaluate traffic operations, such as potential access issues and connectivity. The alignment option analysis methodology and the recommend alignment will be presented to the City and MDC informally at a meeting for subsequent review and comment or approval. Comments will be documented and addressed as necessary to finalize the preferred altemative. The survey Subconsultant will perform survey activities described in Task 1.1 for the preferred alignment alternative approved by the City and MDC. For the preferred 3`~ Street extension alignment option, the Consultant will develop one alignment option for an east-west connection from the 3`~ Street extension to Main Street. Deliverables: ^ Preferred Alignment Alternative SCOPE OF WORK, BUDGETAND SCHEDULE NOVEMBER 14, 2007 3RD STREET EXTENSION ALIGNMENT STUDY PAGE 5 OF 8 • ~ 3.5 Alignment Study Report: The Consultant will prepare an Alignment Study Report that will document the study process, the alignment options considered, evaluation criteria, and the preferred alignment alternative approved by the City and MDC. The report will summarize existing conditions, right-of-way impacts, cost estimates, agency and stakeholder input, and outcomes from the property owner and public informational meeting. Exhibits will be included illustrating the alignment options. An electronic copy of the Draft Alignment Study Report will be submitted to the City and MDC for review and approval. The City and MDC will distribute copies of the draft report to the appropriate agencies for their review and comment. Review comments will be addressed and documented. One hard copy and one electronic copy of the Final Alignment Study Report will be submitted to the City or MDC. 11" by 17n plans sheets (hard copy, PDF and .dwg format files) of the approved alignment will be prepared and delivered to the City and MDC. Deliverables: ^ Alignment Study Report ^ 11" by 17" Plan Sheets of Recommended Alignment TASK 4 -PROJECT MANAGEMENT 4.1 Project Coordination and Meetings: The Consultant will coordinate with the City, MDC and ACHD. The Consultant will coordinate with project team members and respond to inquiries from agencies. A project kickoff meeting will be conducted that will focus on the project objectives and key success factors. Additional meetings with the City and MDC will be held on an as-needed basis to discuss project status and any outstanding issues. The Consultant will prepare meeting notes for each meeting. 4.2 Project Administration: The Consultant will prepare and submit monthly invoices and status reports and will provide general project oversight and administration. SCOPE OF WORK, BUDGET AND SCHEDULE NOVEMBER 14, 2007 3RD STREET EXTENSION ALIGNMENT STUDY PAGE 6 OF S • • BUDGET Our time and materials reimbursement, not-to-exceed budget is detailed below. LABOR HOURS PE 11 PE 1 EIT TOTAL TASK 1 Mapping 1.1 Project Control and RNV 2 2 4 TASK 1 TOTAL 0 2 2 4 TASK 2 Public Involvement 2.1 Stakeholder Involvement 6 8 14 2.2 Public Open House Meeting 6 8 24 38 TASK 2 TOTAL 12 18 24 52 TASK 3 Alignment Alternatives 3.1 Typical Sections 2 6 4 12 3.2 Develop Alignment Options 12 54 24 90 3.3 Alignment Cost Estimates 4 12 8 24 3.4 Alignment Analysis and Recommendations 12 24 36 3.5 Alignment Study Report 16 40 16 72 TASK 3 TOTAL 46 138 52 234 TASK 4 PROJECT MANAGEMENT 4:1 Project Coordination and Meetings 8 12 20 4.2 Project Administration 10 10 TASK 4 TOTAL 18 12 0 30 TOTAL LABOR HOURS 78 188 78 320 TOTAL HOURLY TOTAL LABOR HOURS RATE COST PE II 76 $ 104.00 $ 7,904 PEI 166 $ 90.00 $ 14,940 EIT 78 $ 78.00 $ 6,084 TOTAL LABOR 320 $ 28,928 DIRECT EXPENSES Copies/Mounting (Lump Sum Estimate) $ 400 Land Solutions $ 8,425 TOTAL DIRECT EXPENSES $ g,g25 TOTAL BUDGET $ 37,753 SCOPE OF WORK, BUDGETAND SCHEDULE 3RD STREET EXTENSION ALIGNMENT STUDY NOVEMBER 14, 2007 PAGE 7 OF 8 SCHEDULE The schedule is based on a Notice to proceed date of October 22. The project completion will need to be adjusted if the start date is delayed. ___._._ .~ ! ?~ I E ~~ , f~ ~~ ~ E~ ~ f~ j~ !~ j~ ~ ~ ~~ ~~ ~~ a ~e ;~'~ ~ ~~ I ~ ~ I~ ~ ~~ ~ ~ I ~~ i ~ €~ t I~ I ~~ ~~ I ~ ti , Is r~ ~~ Iti {~ ~ I ~ I ~ ~ Iti ,~ ,~ ~,,.. ,~ ti I~ iti ~~ I ! t ~ ~:~~ ~SI~~ I ti ;~ i~- ,~~~~~ ~ ~ ,mo ,~,~ . ~ v ~I~~ ~ I~~ - I--- I i~i j~~ v ~ i~;~ ~`'~+ y i~~ '- i-- j~ll~ ~ ~., ~ ~ , i ~. ~~ ~ i i ~ ' I I , r; ~~ ~ i i ~ ~ ~ I~ i i i ~ i ~ ire ~ ~ I i i~~ I i ' ,fl ~~ I ~ ! II ~ I$ I i !~ ~ ' ~ i~ I I ~ i ~!~ ~~ i ~ ~g ii j~ ~ I~' 1~ j o ~ I i~ ~ ~ I ~ ~ q ~~ ~~ il~ !~ ' ®I~ ~~ i~ ~~ i } i f ~ ; ~~ ~~'~ ~ ~ .Q~~~ f~ ! ~ ~k ~ f i ~;~~~~ ~ ~~ I~I I j~~;i~iji~'~~i'; j~l ~~~ ~ ~! 1 I I ;~ ~ f ~~ ~~ I ~ ~ ~ ~~ ~ ~ L- ~ i ~ __ F ~ i~ ~ ', ~ ~~ iN~-rfYY I I N I N i~ ~~ ~ ! ~ -~-" - ~ 1-- ~ - ~ ~ ~_ - ~~ 01 ~' ~ 1~9 Raj (7 ~~i : (j I ~a I i ~ ~ 'j i a, ~__-~__ I ~ ty: ! ~ ~ 4 I i c , { i ~ ~ i I ! f- 8 r N Pl '0' SA fD Iti ® W O r N Fl @ N tD A ® pp Ol iV l~l ~y (~ N N y'} N N ~p tV SCOPE OF WORK, BUDGETAND SCHEDULE NovEMSER 14, 2007 3RD STREET EXTENSION ALIGNMENT STUDY PAGE 8 OF 8 November 16, 2007 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. 7-T REQUEST Approve deductive change order No 6 to Ideal Demolition Contract for Demolition of the Meridian Creamery 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. r~ Cri'Y OF MERIDI/W 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • Ct9ANGE ORDER NO. 6 PROJECT NO. CH-06.001 DATE: 11/15!07 EFFECTIVE DATE: 14/91/07 CONTRACTOR: IDEAL DEMOLITION SERVICES, LLC PROJECT: ASBESTOS ABATEMENT 8 DEMOLITION The'Contractor Is hereby dlrectad to make the following changes from Nte Contrect Documergs and Plans. Desclption: Dadt~tive Change Order for damage to yell heads per Ed Squires & McLeran Well DriOing. ALL OTHER TERMS AND COND)TtON8 REMAfN THE SAME. treason tw Change Order: Demdition cr9ew dammed well heads durir~ demolition and . excavation which resultat in additional work to abandon the wells. Attachamerrts: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIAAES: Original Conirad Prime $ 390,800.00 Or(girml Contract Times: Completkm 1/12/08 Nat ctrarsges form previous (:hangs Orders Net changes form previous Change Orders No._ to _ IVo.,_ to _ (Mender days) $540,140.50 None Contrail Price Prtor to UiEs Change Ober. Contract Times prior to this Change Order. (Mender days ordate) $930.940.50 1/12/2007 Net Increase (decrease) of this Change Order. Net Increase (decrease) of Uds Change Order. extender days or date) ($10,993.50) Completion by 4/5/2007 Contract Price vrith all Approved Change Orders: Contract Thnas with all Approved Change Orders: (eatertdar days) $919,947.00 415/Z007 RECOMME E QNS• MANAGER) / / AC PT C CTOR) By: (~ / avid Ap " ' ~ ~ tote: /~ ~.S Date. )~ ~' ) ~C HA S APPRO : ( WG AGENT) ~I COUNCIL OVAL ATE ,`,ttttt r ` Gd~e"/ ``` ~~ "~''~ By: eNh Watts ~~~ ~ Date: ri!J is~a -7 Data: f /- ~ p ~ d`~ APPROVED: (CIr1r) - /' ~ TTES~ Q_ By: y Weero ~~ ay: City Clark. VYill Berg Jr. v Date: Data: ~ ~ : 'Y l~ 3 0 7 : o r nru+ru rrrr~~ ~~i ~~. ~`_ ~P ~QiI -~ ~o i~~g 13T . 1 n \`~ ,~ ~~ `~~ /'''''~~~rrr-rrr urrttitN<<~ ~t4~a • N®~9 ~ '6., ~~~~ Memo To: Will Berg, City Clerk, From: Keith Watts, Purchasing Agent CC: Tara Green Date: 11 /17/07 Re: November 20 City Council Meeting Agenda Item ~Cii~y of li~erialiar~ pity Clem ®i3ice The Purchasing Department respectfully requests that the following item be placed on the November 20 City Council Consent Agenda for Council's consideration. Approval of Chancae Order #6 to Ideal Demolitions Contract for Demolition of the Meridian Creamery. This is a Deductive Change Order for damages incurred by the demolition contractor that resulted in additional costs incurred by the City during the Well Abandonment process. Recommended Council Action: Approval of Change Order # 6 for a contract deduction of <$10,993.50> and to authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER n CHANGE ORDER NO. 6 PROJECT NO. CH-06-001 DATE; 11/15/07 EFFECTIVE DATE: 11/11/07 CONTRACTOR: IDEAL DEMOLITION SERVICES, LLC PROJECT: ASBESTOS ABATEMENT 8 DEMOLITION The Contractor Is hereby directed to make the following clmnges from fhe Contrail Documents and Plans. Desclption: Deductive Change Order fordamage to wall heads per Ed Squires & McLeran Well DriOing. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for change order: Demolition crew damaged well heads during demolkion and . exc~vafion which resulted in additional work to abandon the wells. Attachemerns: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 3~,800.00 Original Contrail Times: Completbn 1/1?J08 Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ No._ to _ (calendar days) $540,140.50 None Contrail Price Prior to this Change Onier. Contrail Times prig to this Change Order. (calendar days or dale) $930,940.50 1N2J2007 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order. (calendar days or date) ($10,993.50) Completion by 4/5/2007 Contrail Prime with all Approved Change Orders: Contrail Times w11h all Approved Grange Orders: (calendar days) $919,947.00 4/5/2007 RECOMMENDED: (CONSTRUCTION MANAGER) A PT CI CTOR) By: avid Date: Date: ,, >f' APPRO D: ( PUJtCHAS NG AGENT) _ - iL }•r / / COUNCIL AP OVAL ATE t%/ G r. G ~J By: eith Watts (~ Data: of ~s/a -7 Date: APPROVED: (Cnl() - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Wql Berg Jr. Date: Date: • November 16, 2007 Department Report MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT Parks Department ITEM NO. 6-A-~ REQUEST Proposed Name for City Park in Tuscany / Messina Meadows of Verona Park AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Date: Phone: Staff Initials: Materials presented at public meetings shell become property of the City of Meridian. • I~ ~'. ~~ Memo To: Mayor /City Council Cc: Will Berg N®V 15 ~00~ +~i~~~ Cll°l~erid_ia9~, City !(;'1~ri- ~ ~' From: Steve Siddoway, Interim Parks Director ~j~- Date: November 15, 2007 Re: Proposed Name for City Park in Tuscany/Messing Meadows: Verona Park On November 14, 2007, the Parks and Recreation Commission discussed possible names for the new city park located in Tuscany/Messing Meadows Subdivision. The recommended name is Verona Park. The Parks ~c Recreation Commission is now requesting final approval of this name by the Mayor and City Council. The Tuscany/Messing Meadows Subdivision homeowners association held a naming contest, with 21 entries submitted. The selection was narrowed down to 3 selected names and brought to the Commission for a final recommendation. All submitted names were based on an italianate theme, matching the theme of Tuscany/Messing subdivisions. The following 3 names were brought forward to the Commission, with explanations as provided by the association: • Verona Park -Verona is the setting for the Tragedy of Romeo & Juliet. Most of the street names in the subdivision are named after Romeo & Juliet. • Mantua Park -Romeo was banished to Mantua so it would seem appropriate that we could "banish" our kids to Mantua Park. • Florentine Park - in honor of the City of Florence and its culture of Art. Backup documentation is enclosed for your review. . ~ Page 1 of 1 John Nesmith From: Steven Yearsley [s.yearsley@hotmail.com] Sent: Tuesday, November 13, 2007 4:12 PM To: John Nesmith Subject: RE: Park Property Naming Policy Adoption 2007 John, We have reviewed the names that was submitted for the park in Tuscany. We had 21 entries and narrowed the selection to the following 3. Verona Park - it is the setting for the Tragedy of Romeo and Juliet. Most of the street names in the subdivision are named after Romeo and Juliet. Mantua Park -Romeo was banished to Mantua so it would seem appropriate that we could banish our kids to Mantua Park. Florentine Park - In honor of the city of Florence and its culture of Art. These are the names we have selected. Please let us know if the City decides to use one of these names or another name. Thanks for all your help and letting the neighborhood be part of the selection process. Please call if you have any questions. Thanks Steven Yearsley Interim Board President Tuscany Homeowners Assocation Windows Live Hotmail and Microsoft Office Outlook -together at last. Get it now! 11/14/2007 • November 16, 2007 RZ 07-015 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT Linda Loehr ITEM NO. 9 REQUEST Findings for Denial -Request for a Rezone of .28 of an acres from an R$ zone to an O-T zone for 6th and Broadway Properly -532 East Broadway Avenue 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 HIGWWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See gitached ~~~~~ ~a~`~` ~ ~ Qom'`' e OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridian. November 16, 2007 FP 07-034 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT M2 Land, LLC ITEM NO. 1 ~ REQUEST Tabled from October 23, 2007 -Request for Final Plat approval for 14single-family building lots and 2 common lots on 5.08 acres in an R-4 zone for Quarierhorse Subdivision - 710 North Black Cat 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 SCWOOL 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 Pr®vtous Item Packet / Mlnuies G~y~- Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clay of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF LOCHSA ENGINEERING, FOR FINAL PLAT APPROVAL OF 14 5INGLE- FAMILY RESIDENTIAL AND 2 COMMON LOTS IN AN R-4 ZONE LOCATED AT 710 N. BLACK CAT ROAD, NW 1/ OF THE SW 1/ OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST C/C November 20, 2007 CASE NO. FP-07-034 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on November 20, 2007, and the Council finding that the Administrative Review is complete from Jenny Veatch, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: November 20, 2007, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING QUARTERHORSE SUBDIVISION, LOCATED IN THE NW'/a OF THE SW'/a OF SECTION 10, T.3.N, R.1.W BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: November 13, 2007, SHEET 1 OF 2, MICHAEL R. ENGEBRITSON", M2 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR QUARTERHORSE SUBDIVISION 1(FP-07-034) Page 1 of 5 LAND, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Jenny Veatch, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: November 20, 2007, listing 15 SITE SPECIFIC REQUIREMENTS/FINALPLRT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Lochsa Engineering, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 3 pages, and by this reference incorporated herein, and the additional requirements of the Council taken at their November 20, 2007 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their November 20, 2007 meeting, and specifically pertaining to the Staff Report, under Site Specific Condition, number 4, such that it is deleted or now read as follows: SITE SPECIFIC CONDITIONS ~ ,...;«ve.. X1,0 0 ;~ti«.. ~ ~ ~.. T .. ,~~ !!..., o D.,.,.a f o 1.2 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR QUARTERHORSE SUBDIVISION / (FP-07-034) Page 2 of 5 ~ ~ must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; and that run-off is not to create a mosquito breeding problem. ; and it is suggested that the stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAI~NNGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR QUARTERHORSE SUBDIVISION / (FP-07-034) Page 3 of 5 • Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, withintwenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR QUARTERHORSE SUBDIVISION / (FP-07-034) Page 4 of 5 By action of the City Council at its regular meeting held on the of ~io i(('fYl ~ , 2007. ZL-{h day \ `~ I N 9 1111 1~~~ a ,~®``~~ ~~ ~ ~ ~6~ ~,~OR T de WEERD ATTEST: d m e ~~}~ WILLIAM G. BERG, JR., CITY ALE ~ ~~ s ~ ® `~ ~ ~ F ~~ ~, ~ Q, ,, //~PPPPllllllll111\\\\\ Copy served upon: Applicant lanning Department -~ublic Works Department V City Attorney B Dated: I ~ "~~~ City Clerk's Office ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR QUARTERHORSE SUBDIVISION / (FP-07-034) Page 5 of 5 CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Hearing Date: October 23, 2007 E IDIA1 ~1 ~ Continued to: November 20, 2007 Transmittal Date. October 18, 2007 ~I~~ TO: Mayor and City Council FROM: Jenny Veatch, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Quarterhorse Subdivision Request for Final Plat Approval of Quarterhorse Subdivision Consisting of 14 Detached Single-Family Building Lots and 2 Common Lots on 5.08 Acres in an R-4 Zoning District by Lochsa Engineering, (File# FP-07-03~. We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SiJ1VIlVIARY & LOCATION The applicant, Lochsa Engineering, has applied for final plat approval of 14 detached single-family building lots and 2 common lots on 5.08 acres of land for Quarterhorse Subdivision. The zoning district for the proposed subdivision is R-4 (Medium Low-Density Residential District). Quarterhorse Subdivision is located at 710 N. Black Cat Road, on the southeast corner of W. Pine Street and N. Black Cat Road in the NW % of SW % of T. 3N., R. 1 W., Section 10. This property has not been previously platted. The City Council approved the preliminary plat for Quarterhorse Subdivision on July 11, 2006. If the conditions of approval below are complied with, the submitted final plat will substantially comply with the approved preliminary plat. Staff recommends approval of Quarterhorse Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ-06-016), preliminary plat (PP-06- O 11) and conditional use (CUP-06-010) applications for this subdivision. 2. If the City Engineer's signature has not been obtained by 11/20/09, the Final Plat approval shall expire. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. --~------ - - r--- -~ -v ---a------~ _ ---a » FP-07-034 Quarterhorse Subdivision FP.doc PAGE 1 CITY OF MERIDIAN PLANKING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Prior to signature of the final plat by the City Engineer, all existing structures that span across proposed lot lines or do not conform to the dimensional standards of the UDC shall be removed from the site. 6. The Meridian Fire Department requires the cul de sac turnaround on W. Morganhorse Court to be 96 feet in diameter, measured top-back-of--curb to top-back-of-curb; ensure compliance.The Meridian Fire Department is not requiring the proposed 20-foot wide emergency access on the end of the cul de sac on W. Morganhorse Court. 7. Graphically depict on common Lot 5, Block 1, the Twenty (20) foot easement that is centered on the sewer main so as to have ten feet on each side of the sewer line. An additional ten foot easement will need to be graphically depicted on the face of the plat for the required secondary water connection that is in common lot number five (5). 8. Intermountain Gas requires a five (5) foot minimum utility easement along the interior lot lines and a ten (10) foot minimum utility easement along all right of ways or private drive. 9. Revise or add the following note(s) on the face of the plat prepared by Engebritson Land Surveys, Inc., stamped on 11/13/07 by Michael R. Engebritson, prior to signature of the final plat by the City Engineer: 3.) Revise, "Lot 5 is hereby reserved for ~~ public utilities, drainage and irrigation purposes. To be owned and maintained by the Quarterhorse Homeowners Association." 5.) Revise, " ." *.) Add a note stating, "The bottom elevation of house footings shall be set a minimum of 12 inches above the highest known normal ground water elevation." *.) Add a note stating, "Lot owners are responsible for maintenance of any irrigation/drainage pipe or ditch crossing their lot unless such responsibility is assumed by an irrigation/drainage entity." *.) Graphically depict and note on the face of the plat a five (5) foot minimum utility easement along the interior lot lines and a ten (10) foot minimum utility easement along all right of ways. 10. The landscape plan, prepared by New West Landscape and dated November, 2007 is approved with the following changes. a.) Revise Lot 5, Block 1, so that trees are not located in the sewer and/or water easements; provide a minimum of four trees on this lot. b.} Revise landscape plan to depict 32 trees within the landscape planter strips between the curb and the sidewalk along W. Morganhorse Place. Trees shall not be planted within ACRD storm drain storage areas. c.) All parkway trees shall be Class II trees. d.) Revise landscape plan to include at least 82 trees on the site, as shown on the preliminary plat landscape plan. e.) Revise to include a landscape strip and sidewalk along W. Quarterhorse Street, as shown on the preliminary plat landscape plan. This strip is required because 5.51 % of the site was approved for open space with the preliminary plat. Include eleven (11) trees in the landscape strip along W. Quarterhorse Street. f.) Revise landscape calculations table to include acreage dedicated for common open space - must be a minimum 5.51 %. FP-07-034 Quarterhorse Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 11. Landscaping improvements and fencing within the right of way shall require a license agreement between the property owner and the transportation authority under UDC 11-3B-7C.Sb. 12. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. Submit three copies of a revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. Said plan shall be consistent with the changes listed above. 13. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 14. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 15. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL CONDITIONS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 5. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-SC-1. FP-07-034 Quarterhorse Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 6. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 7. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 14. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. STAFF IZECOM1VlENDATION Staff recommends approval of the final plat for Quarterhorse Subdivision (FP-07-034) with the above stated comments and conditions. FP-07-034 Quarterhorse Subdivision FP.doc PAGE 4 • E IDIAN~:-~- I®AH® November 20, 2007 MEMORANDUM TO: Mayor & City Council FROM: Jenny Veatch, Assistant City Planner RE: Quarterhorse Subdivision Final Plat, FP-07-034 MayorTammy de V City Council Mem Keitl Joe B Charles Rau David Zara The Applicant is in agreement with the specific conditions/requirements for the final plat for Quarterhorse Subdivision. Note: Site Specific Condition # 4 should be removed from the record. There was an error made in the report by staff to abandon access to Locust Grove Road. That condition does not relate to this application. Planning Department .660 E. Watertower Street, Suite 202, Meridian, ID 83642 Phone 208=884-5533 . Fax 208-888-6854 . www.meridiancity.org Exhibit B • r~ ~J ,' r~ ti~~~ . ~~~ U 1. ~°~, . J~p~r~aa d'c 7~~ ncdia~ ~IZx; yraua~ 'l~u~,t~iict ~ '~;<~ . ~•,. i •. •~,. ~. 1503 FIRST STREET SOUTFI NAMPA, IDAHO 83651-439. FAX N 208.463.0092 .i,. 25 October 2007 City of Meridian City Clerk's Office William G. Berg Jr. 3. Fastldaho Avenue Meridian, ID 83642 RE: FP 07-034/Quarterhorse Subdivison Dear Will: EC E ! 1/~nE ~ Phonas: fvep Code 208 Ol.l 3 11yy7 OFFICE: Nampa 466-7861 SHOP: Nampa 466-066; ::ir; • of Meridian .~ih, clerk Office Please be advised that Nampa & Meridian Irrigation District requires a new Land Use Application be filed for the above-named project as the original application is over a year old. Enclosed please find copy of letter mailed October 10, 2007 to Ryan Larsen, Lochsa Engineering of Idaho, requesting new Land Use Change Application. The District has not received said new Land Use Change Application as of this date. Therefore the District is unable to approve Final Plat until such time as a new LUC application is filed, reviewed and approved. Si cerely, Jo/~hn"P^.'Anderson Water Superintendent Nampa & Meridian Irrigation District JPA: dbg EtiC C: Board ofDrrectors Secretary~Treasurer John Bayd. Kerri Glenn: City of Meridian Fiie -Office/Shop APPRO%IMATE IRRIGABLE ACRES RIVER FLOW RIGHTS 23000 aCHSE PROJECT RIGHTS - 40,000 Exhibit E • • V .+~°- . , ~~ v~ WESTERN REGION OFFICE Q~'~ .`. , 555 SOUTH COLE ROAD R0. BOX 7608 BOISE. ID 83707 , - (208) 3776000 FAX (208) 377-6867 .~~'. 1 J Z~fl~ To Planning and Zoning, Intermountain Gas Company has received yow letter of application. In order to best serve this development Intermountain Gas does require that a 5' minimtun utility easement along the interior lot lines and a 10' minimum utility easement along all right of ways or private drive. The private drive of the development would also be required to include a utility easement for Intermountain Gas to encroach into witlt the gas lines. Thank you for yow time and consideration in this matter. If you have any questions or concerns please contact Mishelle Singleton at 377-6863. Sincerely, Mishelle Singleton Engineering'fech cc: Roger Phillips Exhibit D • November 19, 2007 Ms. Jennifer Veatch City of Meridian Planning Department 660 E. Watertower Meridian, Id S364Z LOCHSA ENGINEERING RILEY MAI-IAFFEY, P.E. LEE IIARRISON, S.E. Subject: Quazterhorse Subdivision Final Plat Staff Report - City of Meridian Conditions of Approval dated 11/16/07 The following is a written response to comments issued by The City of Meridian. SITE SPECIFIC CONDITIONS Response #1: The applicant agrees to meet the terms of approval established for actions AZ-06- 016, PP-06-011 and CUP-06-010. Response #2: Acknowledged. Response #3: Acknowledged. The Certificate of Owners and the accompanying acknowledgement shall be signed and notarized prior to the City Engineer's signature. Response #4: There is no current access to Locust Grove Road Response #5: All previous existing structures have been removed There are currently no structures on t]te subject property. Response #6: The revised cul-de-sac diameter shall be 96 feet to the back of cwb. The previously proposed 20-foot wide all weather strip shall be removed from the plans. Response #7: The easement required for the public water and public sewer shall be graphically depicted on the revised plans and final plat. Response #8: The final plat and construction plans shall comply with this Intermountain Gas requirement. Response #9: The prescribed notes shall be added to the final plat. Response #10: a) fow trees shall be added to this portion of common lot 5 and shall be outside the utility easement. b) Morganhorse shall include 32 trees between ffie sidewalks and curb and shall be excluded from the ACRD drainage facilities. c) Class II trees shall be used in parkways. d) The landscape plan shall be updated to include 82 total trees on the project site. e) A landscape buffer shall be added north of the proposed right of way adjacent to West Quarterhorse Street. This buffer strip shall add sufficient space for the required Class II trees and shall create enough open space to faz exceed the previously proposed 5.51%. LOCHSA ENGINEERING OF IDARO 201 N. Maple Grove Rd. Suite 100, Boise, Id. 83704 • Phone (208) 342-7 ] 68 • Fax (208) 342-3079 Boise ~ Las Vegas • 2of3 f) The updated landscape plans shall include a summary of open space provided. The open space provided on the updated plans shall far exceed the previously proposed 5.51%. Response #11: Acknowledged. Should proposed landscape fencing be located within the ACHD right of way, a license agreement will be obtained Response #12: All fencing illustrated on the landscape plan shall comply with Meridian UDC standards 11-3A-6 and 11-3A-7. Three copies of the updated landscape plan shall be submitted to Meridian Planning prior to signature on the final plat. Response #13: The approval of the poslrnaster shall be achieved prior to the city engineer's signature on the final plat. Response #14: There are no proposed wet ponds used for stone water disposal. Response #15: Acknowledged. GENERAL CONDITIONS Response #1: The imgation lateral adjacent to Pine Avenue shall be piped. Approval shall be obtained through NMID. Response #2: Acknowledged Response #3: A letter of credit or cash surety for 110% of the engineer's cost estimate for any facilities listed in the conditions of approval that are not built prior to signature on the final plat. Response #4: Acknowledged Response #5: Acknowledged Response #b: A certificate of completion shall be provided by the landscape architect prior to acceptance of the completed landscape. Response #7: AI! stated fees shall be paid prior to fine] plat signature. Response #8: Acknowledged Response #9: There are no 404 pemtits required for this development. Response #10: Acknowledged All required NPDES permitting shall be obtained. Response #11: Acknowledged Response #12: There are no existing trees greater than 4 inches in diameter on the project site. Response #13: Acknowledged. Any existing wells shall be abandoned per Ordinance Section 9- 1-4 and 9-4-8. LOCHSA ENGINEERING OF IDAAO 20] N. Maple Grove Rd. Suite 100, Boise, ID 83704 • Phone (208) 342-7168 • Fax (208) 342-3079 Boise ~ Las Vegas ~.J 3 of 3 Response#14:Should a septic system be discovered, it shall be abandoned per Ordinance Sections 9-1-4 and 9-4-8. If you have any comments or questions with regard to this comment response letter, please feel free to contact our office aCyour earliest convenience, LOCHSA ENGINEERING ofldaho y .. A is ivil Engineer LOCHSA ENGINEERING OF HlAHO 201 N. Maple Grove Rd. Suite 100. Boise, ID 83704 • Phone (208) 342-7168 • Fax (208) 342-3079 Boise ~ Las Vegas Exhibit C • November 16, 2007 RZ 07-016 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT Tuscany Development, inc. REM NO. 11 REQUEST Public Hearing -Request far a Rezone of 3.66 acres from R-15 to TN-R zone for Gramercy Townhome Subdivision -south of E. Overland Road and west of S. Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See atFached P&Y Item Packet / Minufies ~` a~ `,~,'1" OTHER: See attached Revised Plats Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become propeAy of the City of Meridian. November 16, 2007 PP 07-01 b MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT Tuscany Development, Inc. REM No. 12 REQUEST Public Hearing -Request for Preliminary Plat approval of 3$ single-family attached residential lots on 2.81 acres for Gramercy Townhome Subdivision - south of East Overland Road and west of South Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached PSZ Item Packet /Minutes See attached Request for Continuance OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property o/ the City of Meridian. • • November 16, 2007 CUP 07-018 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT Tuscany Development, Inc. ITEM NO. 13 REQUEST Public Hearing -Request for a Conditional Use Permit for 32 multi-family dwelling units on 4 lots in an existing R-13 zone on 2.93 acres for Gramercy Townhome Subdivision -south of East Overland Road and west of South Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached P$Z Item Packet /Minutes See attached Request for Continuance OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridian. November 16, 2007 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. ~ 4 REQUEST Ordinance - An Ordinance to Amend the Municipal code of the City of Meridian, County of Ada, State of-Idaho Amending Title 10, Chapter 7, Exhibit A, Meridian City Code, Known as the Meridian Impact Fee Schedule; and Providing an Effective Date (1st of 3 Readings) 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 pubNc meetings shall become property of the Clay of Meridian. • r November 1 b, 2~7 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. ~ S REQUEST Executive Session per Idaho State Code 67-2345(1 J (a) 8~(~ 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 publk meetings shall become property of the City of Meridian.