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2009-03-24
E IDIAN~--- s_ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, March 24, 2009 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance led by Team Renaissance Skills USA Students: 3. Community Invocation by Randy Cook with Meridian First Baptist Church: 4. Adoption of the Agenda: 5. Proclamation for Team Renaissance Skills USA Students: 6. Consent Agenda: A. Approve Minutes of March 9, 2009 City Council Special Joint Meeting: B. Approve Minutes of March 10, 2009 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 08- 014 Request for Annexation and Zoning of 2.74 acres from RUT district in Ada County to the L-O district for Kinas Conureaation Church by King's Congregation -1201 E. Victory Road: Meridian City Council Meeting Agenda -March 24, 2009 Page 1 of 5 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. D. Approve Beer, Wine and Liquor License Renewals: Big Smoke, LLC 234 W. Franklin Beer ~ Wine Kahootz Steak 8< Alehouse 1603 N. Main Beer $ Wine White Water Saloon, Inc. 1646 N. Meridian Beer & Liquor Divine Wine, LLC. 2310 E. Overland Rd. #105 Beer ~ Wine Texas Roadhouse 3801 E. Fairview Dr. Beer & Liquor Gelato Cafe 2053 E. Fairview #101 Beer & Liquor Sakana 1718 S. Eagle Rd. Beer 8~ Wine Louie's Piua 8< Italian 2500 E. Fairview Beer 8< Liquor Winco Foods LLC 1050 S. Progress Ave. Beer 8< Wine Corona Village 21 E. Fairview Ave. Beer 8~ Liquor E. Addendum to Development Agreement: MDA 08-002 Request to Modify the recorded Development Agreement for Volterra Subdivision AND create a new Development Agreement for a mixed use /commercial employment area for Volterra Mixed Use by Primeland Development Company, LLP -west of N. Ten Mile Road and north of W. McMillan Road: F. Initial Point Gallery Acceptance Agreement: Brian Schreiner: G. Human Resources Professional Services Agreement with AMS Training Consulting: H. Change Order No. 1 with Civil Survey Consultants for 2008 Water System Flush Lines for $1,785.00: I. Task Order No. 0772a with JUB Engineers for Downtown Sewer Study and CIP Phase 2 for $29,258.00: J. Agreement for the Placement of Vending Machines in City Hall with the Idaho Commission for the Blind and Visually Impaired: K. Change Order No. 1 with CH2M Hill for WWTP Filter 1 & 2 Retrofit for $7,500.00: L. Chance Order No. 3 with ACHD for Main Street /Meridian Road Split Corridor Phase 1 for $1,825.00: M. Change Order No. 5 with ACHD for Main Street /Meridian Road Split Corridor Phase 1 for $9,500.00 with $2,550.00 Reimbursed: Meridian City Council Meeting Agenda -March 24, 2009 Page 2 of 5 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. Chance Order No. 7 with ACHD for Main Street /Meridian Road Split Corridor Phase 1 for $1,404.50 with total to be reimbursed: O. Water Easement for University of Phoenix by PHA /Boise, LLC: P. Real Estate Purchase Agreement for Lift Station Lot at Wh~testone Estates Subdivision: 7. Department Reports: A. Purchasing Department: 1. Budgeted Contract Amendment No 8 for Archiitectural Building Supply for $280.00 2. Budgeted Contract Amendment No 3 for Advanced Stun for $4,172.00 3. Budgeted Contract Amendment No 2 for Axelsen Concrete East Parking Lot for $275.00 4. Budgeted Contract Amendment No 6 for Buss Mechanical for $16,477.00 5. Budgeted Contract Amendment No 4 for Hobson Fabricating for $44,146.00 6. Budgeted Contract Amendment No 5 for Hobson Fabricating for $2,725.00 7. Budgeted Contract Amendment No 2 for KB Welding -Plaza for $4,197.00 8. Budgeted Contract Amendment No 3 for Sunshine Landscape -Plaza for $2,346.00 9. Budgeted Contract Amendment No 2 for Sunshine Landscape -East Parking Lot for $750.00 10. Budgeted Contract Amendment No 1 for Terra West -Plaza -for $61,220.00: 11. Budgeted Contract Amendment No 5 for TriState Electric for $37,514.00: 12. Deductive Contract Amendment No. 9 for Architectural Building Supply for ($365.00): Meridian City Council Meeting Agenda -March 24, 2009 Page 3 of 5 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. 13. Deductive Contract Amendment No. 7 for Buss Mechanical for ($1,026.00): 14. Budgeted Contract Amendment No 7 for Commercial Pai,_ nth for $2,412.00: 15. Deductive Contract Amendment No 5 for Simplex Grinnell for ($1,026.00): 16. Budgeted Contract Amendment No 2 with Rule Steel for $43,719.00: 17. Deductive Contract Amendment No. 1 for Rule Steel for ($15,750.00): 18. Deductive Contract Amendment No. 5 for TriState Electric for ($1,026.00): B. Planning Department: 1. Follow Up on CDBG Discussion: 8. Items Moved from Consent Agenda: 9. Tabled from January 27, 2009: FP 08-018 Request for Final Plat approval for 5 commercial building lots and 2 common lots on 19.18 acres in a C-G zoning district for Pinebridae Subdivision No 1 by Stanley Consultants, Inc. -1830 East Pine Avenue: 10. FP 09-002 Request for Final Plat approval for 21 building lots on 12.62 acres in a C-G zoning district for Una Mas by Una Mas, LLC - 3475 East Ustick Road: 11. Public Hearing: 2009 Parks & Recreation Fee Schedule: 12. Public Hearing: Substantial Amendment of the 2007 Community Development Block Grant (CDBG) Action Plan: 13. Resolution No. Substantial Amendment of the 2007 Community Development Block Grant (CDBG) Action Plan: 14. Public Hearing: CPA 09-003 Request to change the Comprehensive Plan Future Land Use Map designation on 2.051 acres of land from "medium density residential" to "commercial" for Goff by Garland Goff and Shannon Hamrick - 1665, 1705 and 1725 West Pine Avenue: Meridian City Council Meeting Agenda -March 24, 2009 Page 4 of 5 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. 15. Public Hearing: AZ 09-001 Request for Annexation and Zoning of 0.76 of an acre of land with a C-N zoning district for GofF by Garland Goff and Shannon Hamrick -1725 W. Pine Avenue: 16. Public Hearing: CPA 08-012 Request to add 54.9 acres of land to the Comprehensive Plan Future Land Use Map with designations of "Public/Quasi Public" and "Low Density Residential" for River Plannina Area by City of Meridian Planning Department: 17. Public Hearing: CPA 08-013 Request to change the text of the Comprehensive Plan revising the name of the Mixed Use WWTP designation to Mixed Use Non-Residential for the Mixed Use Non- Residential Text by City of Meridian Planning Department: 18. Public Hearing: CPA 08-014 Request to re-designate approximately 265 acres from Low Density Residential, Medium Density Residential, and Mixed Use Regional to Mixed Use Non-Residential for State Hiahwav 69 ~ Amity by City of Meridian Planning Department: 19. Amendment to Ordinance No. 05-1201A: RZ 05-018 Request for a Rezone of 71.24 acres from I-L to C-G zone for Crossroads Shopping Center, Presidential Subdivision and Reagan Subdivision by the City of Meridian -southeast comer of Eagle Road and Fairview Avenue 20. Ordinance No. RZ 08-004 Request for Rezone of 93.64 acres from L-O (Limited Office) and R-4 (Medium Low-Density Residential) to C-G (General Retail and Service Commercial) (25.10 acres), L-O (Limited Office) (10.70 acres), C-C (Community Business) (37.84 acres) and R-15 (Medium-High Density Residential) (20 acres) zones for Volterra Mixed Use by Primeland Development Company, LLP -west of North Ten Mile Road and north of West McMillan Road: 21. Executive Session pursuant to Idaho Code 67-2345(1)(fi) To communicate with legal counsel to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated: Meridian City Council Meeting Agenda -March 24, 2009 Page 5 of 5 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. (~~E IDIZ IAN~- ~J CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, March 24, 2009 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected fo be truthful and honest fo the best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance led by Team Renaissance Skills USA Students: 3. Community Invocation by Randy Cook with Meridian First Baptist Church: 4. Adoption of the Agenda: 5. Proclamation for Team Renaissance Skills USA Students: 6. Consent Agenda: A. Approve Minutes of March 9, 2009 City Council Special Joint Meeting: B. Approve Minutes of March 10, 2009 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 08- 014 Request for Annexation and Zoning of 2.74 acres from RUT district in Ada County to the L-O district for Kings Congregation Church by King's Congregation -1201 E. Victory Road: Meridian City Council Meeting Agenda -March 24, 2009 Page 1 of 5 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. D. Approve Beer, Wine and Liauor License Renewals: Big Smoke, LLC 234 W. Franklin Beer & Wine Kahootz Steak & Alehouse 1603 N. Main Beer & Wine White Water Saloon , Inc. 1646 N. Meridian Beer 8< Liquor Divine Wine, LLC. 2310 E. Overland Rd. #105 Beer & Wine Texas Roadhouse 3801 E. Fairview Dr. Beer & Liquor Gelato Cafe 2053 E. Fairview #'001 Beer & Liquor Sakana 1718 S. Eagle Rd. Beer & Wine Louie's Pizza & Italian 2500 E. Fairview Beer & Liquor Winco Foods LLC 1050 S. Progress Ave. Beer & Wine Corona Village 21 E. Fairview Ave. Beer & Liquor E. Addendum to Development Agreement: MDA 08-002 Request to Modify the recorded Development Agreement for Volterra Subdivision AND create a new Development Agreement for a mixed use /commercial employment area for Volterra Mixed Use by Primeland Development Company, LLP -west of N. Ten Mile Road and north of W. McMillan Road: F. Initial Point Gallery Acceptance Aareement: Brian Schreiner: G. Human Resources Professional Services Aareement with AMS Training Consulting: H. Chanae Order No 1 with Civil Survey Consultants for 2008 Water System Flush Lines for $1,785.00: I. Task Order No 0772a with JUB Engineers for Downtown Sewer Study and CIP Phase 2 for $29,258.00: J. Aareement for the Placement of Vending Machines in Citv Hall with the Idaho Commission for the Blind and Visually Impaired: K. Chanae Order No 1 with CH2M Hill for WWTP Filter 1 & 2 Retrofit for $7,500.00: L. Chanae Order No 3 with ACHD for Main Street /Meridian Road Split Corridor Phase 1 for $1,825.00: M. Chanae Order No 5 with ACHD for Main Street /Meridian Road Split Corridor Phase 1 for $9,500.00 with $2,550.00 Reimbursed: Meridian City Council Meeting Agenda -March 24, 2009 Page 2 of 5 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. 15. Public Hearing: AZ 09-001 Request for Annexation and Zoning of 0.76 of an acre of land with a C-N zoning district for Goff by Garland Goff and Shannon Hamrick -1725 W. Pine Avenue: 16. Public Hearing: CPA 08-012 Request to add 54.9 acres of land to the Comprehensive Plan Future Land Use Map with designations of "Public/Quasi Public" and "Low Density Residential" for River Planning Area by City of Meridian Planning Department: 17. Public Hearing: CPA 08-013 Request to change the text of the Comprehensive Plan revising the name of the Mixed Use WWTP designation to Mixed Use Non-Residential for the Mixed Use Non- Residential Text by City of Meridian Planning Department: 18. Public Hearing: CPA 08-014 Request to re-designate approximately 265 acres from Low Density Residential, Medium Density Residential, and Mixed Use Regional to Mixed Use Non-Residential for State Hic>Ihwav 69 & Amitv by City of Meridian Planning Department: 19. Amendment to Ordinance No. 05-1201A: RZ 05-018 Request for a Rezone of 71.24 acres from I-L to C-G zone for Crossroads Shopping Center, Presidential Subdivision and Reagan Subdivision by the City of Meridian -southeast comer of Eagle Road and Fairview Avenue 20. Ordinance No. RZ 08-004 Request for Rezone of 93.64 acres from L-O (Limited Office) and R-4 (Medium Low-Density Residential) to C-G (General Retail and Service Commercial) (25.10 acres), L-O (Limited Office) (10.70 acres), C-C (Community Business) (37.84 acres) and R-15 (Medium-High Density Residential) (20 acres) zones for Volterra Mixed Use by Primeland Development Company, LLP -west of North Ten Mile Road and north of West McMillan Road: 21. Executive Session pursuant to Idaho Code 67-2345(1)0 To communicate with legal counsel to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated: Meridian City Council Meeting Agenda -March 24, 2009 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting March 24.2009 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, March 24, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Brad Hoaglun, and David Zaremba. Others Present: Ted Baird, Jaycee Holman, Anna Canning, John Overton, Mark Niemeyer, Keith Watts, Tom Barry, Clint Dolsby, Steve Siddoway, Matt Ellsworth, Caleb Hood, Sonya Wafters, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. We appreciate all of you joining us here today, in particular our Skills Renaissance U.S.A. team. We appreciate your presence and I hope your -- your advisor told me you would be leading us in the pledge, so I hope you came prepared. Okay. Welcome. For the record it is Tuesday, March 24th. It's 7:00 o'clock. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance led by Team Renaissance Skills USA Students: De Weerd: Okay. Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3. Community Invocation by Randy Cook with Meridian First Baptist Church: De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Randy Cook with Meridian First Baptist Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor. Just step up to the mike, please. Cook: Let us pray. Heavenly Father, we thank you for your presence in our lives. Thank you for the bountiful supply and great blessings that you have given to us as American citizens and as citizens of this city. Thank you for the good work that has been done by our Mayor and these Council members over the recent years and thank you for the integrity that they have demonstrated and so tonight we ask, Lord, that you would guide them in their decisions and as they move through agenda items that they Meridian City Council March 24, 2009 Page 2 of 49 would be able to move quickly and well, that what is done and said here would be honoring to you, that they would, indeed, seek your direction in their lives and in the decisions that are made tonight. Thank you so much for your goodness to us and we ask your blessing upon this session tonight, in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you so much. Okay. Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the agenda there are a couple of comments to be made. Under Department Reports, Purchasing Department A, we have been -- added -- asked to add three more items. So, this would be 7-A-19, 7-A-20 and 7-A-21. Nineteen is a deductive City Hall change order for Aatronics, change order number six, in the amount of negative 1,026. That means we are getting 1,026 back? Oh, I'm glad to add these. Okay. The item 7-A-20 is a deductive City Hall change for Hobson Fabrication, change order number six, in the amount of negative 1,061 dollars. And item 7-A-21 will be a deductive City Hall change order for American Wall Cover, change order number six, for the amount of negative 1,114 dollars. Those items to be added to the Department Report under the Purchasing Department. On the regular agenda, Items 9 and 10 have both been requested to be continued. Nine to our meeting of April 28th and 10 to our meeting of April 7th. On Item 13, the resolution number is 09-654. On Item 20, the ordinance number is 09-1395. And on the final item on the agenda, Item 21, the Executive Session pursuant to Idaho Code 67-2345(1)(f). We would also like to add to that Idaho Code 67-2345(1)(c). And with that -- those changes, I move we adopt the agenda as amended. Hoaglun: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation for Team Renaissance Skills USA Students. De Weerd: Okay. No. 5 is our proclamation for Team Renaissance Skills U.S.A. students and I think before I read the proclamation and as I work my way down there, if we can get their advisor -- Mark, if you will come up and talk about what you're up to. Enger: Thank you, Mayor de Weerd and City Council. Skills U.S.A. this year our Team Renaissance we will refer to as, is building a home in the city of Boise, but we are still dealing with the issue of it's a habitat home where we are servicing community, not only Meridian City Council March 24, 2009 Page 3 of 49 the City of Meridian, but also the city of Boise, because it is still in the Meridian School District boundaries, which is a fantastic opportunity for the youth that we are having with us here today. This is one portion of our Skills Team, Team Renaissance. Also with us this evening is our state director for Skills U.S.A. and that's Mr. Harold Neville, who is also a part of, actually, Team Renaissance, as well as the Renaissance school here at Meridian. So, he is actually my direct supervisor and I'm sure I have to be very kind with words this evening, otherwise, I will be hearing it for the rest of the school year and forever. So, with that that is our team intact. Brief history of the board. I saw some people looking and we will leave that here this evening. That was last year's project, which was the Meridian build. I don't know if all of you were aware that the students competing with that last year took gold metals throughout the entire state of Idaho. We went onto national in Kansas City, Missouri, where we are competing nationwide. We scored ninth in the nation. So, the City of Meridian, with its youth, came in the top ten of the City of Meridian nationwide. So, let you be aware of that. The students did a fantastic job stepping up and really carrying the ball on that, so with that anything else, Mayor? De Weerd: I would ask you all to come forward. If you would get on either side of me. Because this is all about you guys. This is a proclamation I have the honor to read. Skills U.S.A. Team Renaissance Day. Whereas the City of Meridian is proud to recognize deserving citizens of this community, especially students who accomplish great things on behalf of their community and whereas Renaissance Magnet High School's Skills U.S.A. students have demonstrated generosity and compassion for the 2009 Special Olympics World Winter Games by constructing the judges' platform for the floor hockey venue and whereas Skills U.S.A. Team Renaissance willingly performed numerous hours in planning and constructing a home within the Joint School District No. 2 during their class time and weekends for a family in need and whereas the Mayor and City Council of the City of Meridian, acknowledging Skills U.S.A. Team Renaissance and their efforts of their classmates and Mr. Mark Enger residential construction class, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim March 24th, 2009, as Skills U.S.A. Team Renaissance Day in Meridian, Idaho, and call upon the people in the Treasure Valley to celebrate the accomplishments of Skills U.S.A. Renaissance Team. Please join me in congratulating this team and the good things they have done and will continue to do. Neville: Mayor and City Councilmen, thank you very much for this honor. April 9th and 10th is the state contest for Skills U.S.A. Those of you that are my age will remember when about the only student organization in the state was FFA. But now there is seven recognized student organizations and Skills U.S.A. is a student organization for the trades and those programs that move towards industry certification -- move the students towards those certifications. So, April 9th and 10th there will be approximately one thousand students from across the state and the Treasure Valley. We have competitions in Boise and .Meridian. In fact, the Renaissance Center in Meridian School District is -- houses masonry, residential construction, digital home technology integration and culinary arts. All of those competitions -- and we actually hold about 90 competitions in different venues around Boise and Meridian and we'd like to invite any Meridian City Council March 24, 2009 Page 4 of 49 of you that are interested -- and, of course, all of the citizens of Meridian, if you are interested in seeing students in action, tomorrow's future leaders and workers, please, come to our state contest April 9th and 10th. If you're not sure where to go, just come to Renaissance Center, the old Jabil building, you will see Mr. Enger's team in action and many other construction students and we can put you on a bus, if you need transportation, and take you around to all of the different contest sites. So, anyway, about 90 different contests, about a thousand different students from around the state. So, it's a great time and we'd really enjoy it if you could come join us. Thank you. De Weerd: And I will say that last year while we were building the habitat home I had the honor of seeing it at the different stages of construction and what a quality program and what an asset to this valley this program has been and I'm very proud to say that I am the Mayor in this Joint School District No. 2, because they do quality things. So, thank you. Item 6: Consent Agenda: A. Approve Minutes of March 9, 2009 City Council Special Joint Meeting: B. Approve Minutes of March 10, 2009 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 08- 014 Request for Annexation and Zoning of 2.74 acres from RUT district in Ada County to the L-O district for Kings Congregation Church by King's Congregation -1201 E. Victory Road: D. Approve Beer, Wine and Liquor License Renewals: Big Smoke, LLC 234 W. Franklin Beer ~ Wine Kahootz Steak & Aleh ouse 1603 N. Main Beer Sz Wine White Water Saloon, Inc. 1646 N. Meridian Beer 8z Liquor Divine Wine, LLC. 2310 E. Overland Rd. #105 Beer Sz Wine Texas Roadhouse 3801 E. Fairview Dr. Beer & Liquor Gelato Cafe 2053 E. Fairview #101 Beer & Liquor Sakana 1718 S. Eagle Rd. Beer Bz Wine Louie's Pizza ~ Italian 2500 E. Fairview Beer & Liquor Winco Foods LLC 1050 S. Progress Ave. Beer & Wine Corona Village 21 E. Fairview Ave. Beer & Liquor E. Addendum to Development Agreement: MDA 08-002 Request to Modify the recorded Development Agreement for Volterra Subdivision AND create a new Development Agreement for a mixed use /commercial employment area for Volterra Mixed Use by Primeland Development Company, LLP -west of N. Ten Mile Road and north of W. McMillan Road: Meridian City Council March 24, 2009 Page 5 of 49 F. Initial Point Gallery Acceptance Aareement• Brian Schreiner: G. Human Resources Professional Services Aareement with AMS Training Consulting: H. Chance Order No. 1 with Civil Survey Consultants for 2008 Water System Flush Lines for $1,785.00: Task Order No. 0772a with JUB Engineers for Downtown Sewer Study and CIP Phase 2 for $29,258.00: J. Agreement for the Placement of Vending Machines in City Hall with the Idaho Commission for the Blind and Visually Impaired• K. Chance Order No. 1 with CH2M Hill for WWTP Filter 1 & 2 Retrofit for $7,500.00: L. Chance Order No. 3 with ACHD for Main Street /Meridian Road Split Corridor Phase 1 for $1,825.00: M. Change Order No. 5 with ACHD for Main Street /Meridian Road Split Corridor Phase 1 for $9,500.00 with $2,550.00 Reimbursed: N. Chance Order No. 7 with ACHD for Main Street /Meridian Road Sala Corridor Phase 1 for $1,404.50 with total to be reimbursed: O. Water Easement for University of Phoenix by PHA /Boise. LLC: P. Real Estate Purchase Aareement for Lift Station Lot at Whitestone Estates Subdivision: De Weerd: Okay. Item No. 6 is the Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we adopt the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Hoaglun: Second. Meridian City Council March 24, 2009 Page 6 of 49 De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Purchasing Department: 1. Budgeted Contract Amendment No 8 for Architectural Building Supply for $280.00 2. Budgeted Contract Amendment No 3 for Advanced Sian for $4,172.00 3. Budgeted Contract Amendment No 2 for Axelsen Concrete East Parking Lot for $275.00 4. Budgeted Contract Amendment No 6 for Buss Mechanical for $16,477.00 5. Budgeted Contract Amendment No 4 for Hobson Fabricating for $44,146.00 6. Budgeted Contract Amendment No 5 for Hobson Fabricating for $2,725.00 7. Budgeted Contract Amendment No 2 for KB Welding -Plaza for $4,197.00 8. Budgeted Contract Amendment No 3 for Sunshine Landscape -Plaza for $2,346.00 9. Budgeted Contract Amendment No 2 for Sunshine Landscape -East Parking Lot for $750.00 10. Budgeted Contract Amendment No 1 for Terra West -Plaza -for $61,220.00: 11. Budgeted Contract Amendment No 5 for TriState Electric for $37,514.00: 12. Deductive Contract Amendment No. 9 for Architectural Building Supply for ($365.00): 13. Deductive Contract Amendment No. 7 for Buss Mechanical for ($1,026.00): Meridian City Council March 24, 2009 Page 7 of 49 14. Budgeted Contract Amendment No 7 for Commercial Pai, nt~na for $2,412.00: 15. Deductive Contract Amendment No 5 for Simplex Grinnell for ($1,026.00): 16. Budgeted Contract Amendment No 2 with Rule Steel for $43,719.00: 17. Deductive Contract Amendment No. 1 for Rule Steel for ($15,750.00): 18. Deductive Contract Amendment No. 5 for TriState Electric for ($1,026.00): 19. Budgeted Contract Amendment No 6 for American Wallcover for $1,114.00: Approve 20. Deductive Contract Amendment No. 6 for AATronics for $1,026.86: Approve 21. Decutive Contract Amendment No. 6 for Hobson Fabricating for $1,061.00: Approve De Weerd: Item No. 7 is our Department Reports. I will tum this over to Mr. Watts. Watts:. Thank you, Madam Mayor, Council Members. Tonight we have the final -- well, 21 final change orders for the City Hall project and would like to make a note that I have six additional deductive change orders that will be coming through in the next couple of days and I can read those numbers out, as well as those dollar amounts and I would like to do that now for the record. I have a change order number ten for ABS, phase three, for a deduction of 1,026 dollars. I have a change order number three for Western Roofing for a minus 35 dollars. I have change order number five, the Idaho Custom Wood Products, in the amount of negative 1,090 dollars. Change order number six for Precom in the amount of negative 1,026 dollars. Change order number four to Apex Security in the amount negative 415 dollars. And change order number five to Apex Security for a negative 1,026 dollars. And that will wrap up the City Hall project. We have begun to close all the contracts out and release retention. We have had contractors start to pick up their checks today and bring their lien releases in. We do have the tax commission releases, so we are on our way to closing out the project. We have two or three contracts that we still have open, as we have ongoing issues that we will be bringing those to close here after we get resolution on the items. For the items that we have on the agenda tonight I do have Tom Coglin here from Petra to answer any questions on any of the 21 changes that we are bringing forth tonight. Meridian City Council March 24, 2009 Page 8 of 49 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't know who wants to answer these, but I do have some questions. On the bathroom on room number 137, we were charged 280 dollars to add a privacy lock. Why was that not in the original bid? Coglin: I'm sorry, Councilman Bird, I didn't hear the beginning of -- Bird: On bathroom -- De Weerd: Just for the record -- Bird: -- 137. De Weerd: Mr. Bird. Just if we can get Tom for the record to state his name. Bird: Oh, I'm sorry. Okay. Coglin: T•om Coglin with Petra. De Weerd: Thank you, Tom. Coglin: Which change order, Councilman Bird? Watts: Change Order 8 for ABS. Bird: For ABS. The privacy lock in the bathroom 137. Was that -- that's -- I don't think that -- is that a public bathroom? Coglin: Yes. It was designed with. a lock on it. It should have had apush-pull from beginning, so this is paying the contractor to change it out. Bird: Why -- why were we charged, then, extra for a lock if it was designed for a lock? Coglin: It was designed for a lock. We put apush-pull on it to match the other restrooms. Bird: Well, wait a minute. We got -- the change order says a privacy lock. Coglin: To change privacy lock on lady's restroom to push-pull plate to match other restrooms. Watts: So, Mr. Coglin, do we -- do we get a credit back for the lock or did that go in -- does that get to go into our attic stock? Meridian City Council March 24, 2009 Page 9 of 49 Bennett: That would go into your attic stock. Watts: So, that will go to Eric, then? Bennett: Yes. Watts: Okay. Coglin: It was changed from a privacy lock to a push-pull. Bird: Okay. Change order two for Akleson for 275 for wire mesh in concrete for the walkway. Is not that astandard -- industry standard to put the mesh in when you lay concrete on ground? Coglin: In B that was the added feature walkway, the railway feature. When they sketched it out it didn't have any wire in it, so we added the wire. Bird: Now, acontract -- or concrete construction company would normally have that in with the concrete; am I not right? Coglin: Normally, yes, you would. It wasn't. It was an added walk that was put onto the Zamzow's -- adjoining the Zamzow's property. Bird: Okay. Also on change order six for Buss Mechanical, some of that is for glycol and wouldn't that -- wouldn't that come with the mechanical equipment? Why would we have additional glycol? Bennett: The heat system in the building didn't have a glycol system designed into it and there was concern that it would freeze up and so the engineer issued an ASI to add that glycol system, so that when the pipe run outside to the air handler, the return water system wouldn't freeze up. So, the engineer added it by ASI. Bird: So, our mechanical engineer missed that when he designed the system? Bennett: I don't know that he missed it, but he decided to add it later. De Weerd: Gene, could you state your name for the record. Bennett: Gene Bennett with Petra. De Weerd: Thank you. Bird: Change order four to -- to Hobson, I think we need to go over that before we -- there is some stuff on here that needs some real questions before we approve this. It's painting the white grills. You know, who specified as white, you know, and not matching Meridian City Council March 24, 2009 Page 10 of 49 the wall color? Twenty-two grills for smoke detector spacing. And, you know, we are paying for -- we are paying for the boiler flue, taking it -- we were told it couldn't be like the original design and we paid to have it changed, now we are paying to have it changed back to the original? I -- we need -- this change order four to Hobson, I -- I can't speak for the others, but -- De Weerd: Mr. Bird, did you not look through these with Mr. Watts and Petra and have discussion on this prior to them being put on the agenda? Watts: No. Just briefly Mr. Bird and I went over them. We did not go over them with Tom or Gene. De Weerd: Is there a problem delaying these for a week, so that these questions can be discussed? I mean I -- I don't know if this is the right venue for -- I mean we should ask the questions, but is -- Watts: We can remove this one and have some question and answers on this. That would be prudent. Bird: Yeah. Madam Mayor, there is -- we need to get the ones that we agree with, get them so the guys get paid. We have held the money long enough. But some of these I don't think the city is responsible for it, but -- De Weerd: Mr. Bird, can you kind of go through which ones that you have questions and we could remove those? Bird: Number five. I guess number four has been answered. I guess there is nothing more we can do there. Number three has been answered. KB. Where is the one for KB? Watts: Mr. Bird, I think I can answer your question for -- Bird: Go ahead. Watts: -- KB Welding. I have spoke with Steve Simmons from LCA. That was a design flaw on those panels out front. We had to have KB remake those, because the space was too large for the fire department. The wall would not fit through there. It's not up to KB to take on that cost. If they -- they built them as designed, LCA has admitted that was an error on their part. I spoke to Steve Christensen this morning and he did agree that that was an error on -- on LCA's part. So, we will address that with LCA. I assume that's going to be a deductive change order for that exact amount to LCA. Bird: Okay. And the other one that I got a question on, Keith and I did not discuss. This was with Terra West for 61,000. What was that for? Meridian City Council March 24, 2009 Page 11 of 49 Coglin: For a variety of items. The majority of it's for the redesign. It's done on the plaza. For the second bid. And adaption for the future parking lot, the east parking lot. Revisions to the south parking. The exit stairs. Walks on the west elevation of the building. The addition of those. Bird: Are these -- Tom, were these extra architectural generated or owner generated requests? Coglin: You have individual incidences of both. We'd have to sit down and go over which particular ones would be -- Watts: Can you go through that, Tom? There is only like six items on here. Correct? Coglin: Yeah. Watts: Can you -- Coglin: Councilman Bird, do you have a copy? Bird: I don't. Watts: I do have it. Would you like it, Tom? Coglin: I think it would be easier for him to follow along if he could see it. The first item RFP-1 was the base board revised drawings for the plaza redesign. Bird: Okay. Coglin: He added the curb, gutter, and paving along the east edge of the plaza. There was a sand and grease trap they added. Some of the valley gutter was changed around. This was the redesign that simplified some of the water feature stuff and led to the rebid of the water feature, but it added the approach and clarified that to allow for the future addition of the east parking lot. The next item that -- number three there, the south parking lot revision, the lot was -- the layout was revised. The catch basin relocated to -- I believe to resolve some of the problems with the irrigation line as it came from Zamzow's and some of that. Bird: Is that -- is this that one there? Coglin: I think that's that one right there. ASI 111 is the exit stairs on the west elevation at the request of the fire department, they wanted them laid out a little differently with -- an actual hard walkway before it was a -- kind of a stone path. A stepping stone. Watts: In kind of the fire riser room; correct, Tom? Meridian City Council March 24, 2009 Page 12 of 49 Coglin: No. It's on all of it. On the emergency exit and the -- 112 was some plaza civil. That had mainly to do with the ACHD comments and the right of way and moving that. Item six was for lowering the irrigation box at the south parking lot. Item eight, some motorcycle parking that was added at the city's request. Next item is 11. The -- Bird: The plaza clock? Coglin: Yeah. The rearrangement of the plaza out there to accommodate the clock in that layout. Bird: Okay. Coglin: ASI 145, the south parking lot markings. That was -- we had the LEED requirements, the markings for the low emission vehicles in the car pool, satisfied one of the LEED requirements. ASI 147, pre-cast parking bumpers to the south parking lot. RFI 210, Zamzow's drainage. That was for the -- the retaining wall along the Zamzow's property. And 15 was hauling the top soil. And 16 involved some work that was traded out between the water feature contractor and the earthwork contractor here. It was deducted from the water feature contract's scope and done by Terra West. Bird: Okay. Well, if it's agreeable with Tom, you and Gene, I would recommend that we could go ahead and -- you have answered the questions on everything, but the only one I have still got questions on is the Hobson one. I need some clarification personally. I can't speak for the other four people sitting up here, but, you know, we are not talking about four dollars, we are talking about quite a large amount and I -- to me it looks like we are paying for something that we didn't -- shouldn't have had to pay for, but that's something we need to work out. De Weerd: So, on -- Bird: Madam Mayor, Iwould -- I would -- De Weerd: -- option number five is -- Bird: Number five is the only one I would not -- and, of course, we are not going to argue at all over the deductive ones, which we have quite a few of them. De Weerd: Well, Councilman Bird, before you move on with -- Bird: I'm not moving. De Weerd: Oh. Okay. I guess, Keith, I have a question that we need to bring up with LCA on that Zamzow's drainage. You know, that should have been part of the original design and I know we talked about those at the construction meetings -- Bird: You better believe it. Meridian City Council March 24, 2009 Page 13 of 49 De Weerd: -- and, you know, that's -- that's over 9,000 dollars and that -- and that's number 14. So, that needs to be a discussion item with LCA, just like number seven does. Watts: Yeah. I will make that note and we will bring that up with them. Bird: Madam Mayor, I agree wholeheartedly, but let's get -- let's get this subcontractor -- or this contractor paid. Some of these have been held out, as you know, for a long time and these people need their money. So, Madam Mayor, with your permission, I would make a motion that we approve all purchasing order additions and deductions one through 21, excluding number five, which is amendment number four for Hobson Fabricating for 44,146. Rountree: Second. Watts: Thank you, Mr. Bird. De Weerd: Okay. I have a motion and a second. Discussion, Mr. Watts? Watts: No. Just approval to have Mayor sign and Clerk to attest and -- Bird: Oh, yeah. Watts: Thank you very much. Bird: Mayor to sign and Clerk to attest. De Weerd: Okay. Any discussion? Hearing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Gene, is there anything you would like -- this might be your last Council meeting or -- if I'm hearing right. I'm sure you're celebrating, but anything you would like to add? Bennett: Not really. I think things are cleaned up at this point construction-wise, completion of the work. Paperwork-wise, I appreciate Keith's help in pushing this through, because these companies are -- are due their money and I thank you for that. We still have retention to go on the east parking lot and you will be seeing those shortly, because we have got occupancies and all of that is done and so that will be coming to you directly as well. Those that are not being released at this point are the plumber for Meridian City Council March 24, 2009 Page 14 of 49 some chiller work that may have to be done. We will find out as the warm weather approaches. And, then, your mason, cleaning up the exterior of the building. So, those are the main two that are outstanding at this point and they know the work that they have to do there. De Weerd: Okay. Mr. Watts? Watts: There is one other and that is the -- well, the masonry on the building and, then, the masonry on the front water feature as well. That's the third. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: How about the concrete out here, those cracks in the curbing? Watts: We will be -- that is correct. That is Akleson Concrete. Tom Johnson from our inspection department has been in touch with them and they are working those details out to get that corrected. De Weerd: Okay. Anything further from Council? I can say that it's been a joy to be in the building and we have gotten a lot of positive comments from our citizens and so we thank you. Bennett: You're welcome. You will for a long time. Bird: Been nice working with you, Gene. Watts: Thanks, Gene and Tom. B. Planning Department: Follow Up on CDBG Discussion: De Weerd: Okay. Item number B is our Planning Department. Hi, Matt. Ellsworth: Madam Mayor, Members of the Council. Thank you. I am here this evening to provide a brief rundown on how things penciled out after last week's discussion of CDBG funds and use thereof and to seek Council's approval and/or any adjustments that you'd like staff to make in working things in that direction. So, if you will recall from last week, Council gave staff priorities as to how best to use CDBG funds that are currently available and last week after that direction was provided staff went back, assigned numbers, values to each of those, scored it like golf and this is what we came up with as far as low score to high. Centennial Park improvements was priority number one. Facade improvements. Number three was Five Mile Creek pathway. Number four was community center ADA upgrades. Number fve the McFadden Market. And Meridian City Council March 24, 2009 Page 15 of 49 number six was sidewalks. So, staff this evening, again, would like to give you a rundown on how we are going to try to move things in that direction and seek concurrence for that direction. If you will recall from last week, through the stimulus package that was signed on February 16th, the CDBG funds that the city had for the current program year will receive a bit of a boost and -- to the tune of 64,000 dollars, give or take. With those funds staff proposes working toward the Centennial Park improvements that we discussed last week. The tax years of that will require the preparation of an income survey in order to verify that residents within the service area of that park do meet HUD's criteria for low moderate income benefit. Staffs confident that that can come together on the survey side by mid August, which would keep those improvements on track for purchase and installation by mid to late fall of 2009. We also discussed briefly last week some leftover funds from 2007 that are the result primarily of certain projects coming in under budget for that program year. We now need to go through the process of figuring out how to spend that money for which staff proposes the following projects. Number one is Five Mile Creek pathway design, which -- which we discussed last week. The estimated design cost for that project is 40,000 dollars. The timeline for completion of that design is roughly this fall is when staff feels that could come together. Another use of that 84,000 dollars up on the screen there is for the community upgrades, which we discussed last week. Some of the folks from LCA were kind enough to walk through the site with staff a couple weeks back, they estimated in the neighborhood of ten to twenty thousand dollars for those ADA upgrades in order to complete those. Finally, Council also expressed an interest last week in pursuing, to the extent possible within the parameters set by HUD, any public services that we could to programs such as CATCH, Backpack For Kids, the Meridian Food Bank and the like. The maximum amount of expenditure within the funding cap that the city needs to operate under for those uses is 24,000 dollars, which is what staff proposes we move forward with. And to touch briefly on the 2009 program year, which staff will be drafting a plan for in the upcoming months, I wanted to give you a heads up on a couple of things. The first one relates back to the design of the Five Mile Creek pathway and as you will recall from last week, there is an expectation from HUD that if the city spends money on the design, that you move that forward within a reasonable amount of time. One possible way to do that is to consider using some of next year's program year allocation for the construction of that pathway. The construction estimates for that pathway right now are 150,000 to 350,000. It's a pretty wide range. What that difference amounts to is the service type and that's probably a conversation for another day. We can get into that while we are drafting the '09 action plan, if Council is amenable to the direction outlined by staff this evening. Another project slash program for potential inclusion in the '09 action plan is facade improvements, which came up as Council's priority number two. On somewhat of an unrelated note, the MDC board is moving forward with the use of their program year funds from 2007 for a facade improvement program in downtown. We are hopeful that's going to come together sometime this summer. That would still allow time as the 2009 program year funds become available in roughly October, to include in next year's action plan some additional funds for that purpose and to move it forward at that time. So, what all this would entail is, one, for the left over 2007 year funds, an amendment to the 2007 year action plan and that amendment would include funds of the pathway design, funds for Meridian City Council March 24, 2009 Page 16 of 49 the ADA upgrades to the community center, and also funds for the public services, the CATCH, the Backpacks, and the Food Bank. It would also include a second amendment. This one to the 2008 action plan and that would be in order to receive the funds that will be coming through the stimulus and that amendment would include the survey and the purchase and installation of the equipment for Centennial Park. And just a brief outline for how next year's action plan would come together. From April to June staff will draft the 2009 action plan, followed by moving it through the public hearing process and back to City Council for adoption in roughly July, prior to forwarding that plan to HUD for their approval in August. So, with that I would stand for any questions and, again, seek your comments and/or concurrence of the stuff outlined by staff. De Weerd: Thank you, Matt. Questions? Mr. Rountree. Rountree: Madam Mayor. Matt, you did a great job of filtering through our rambling last week and I think what you have done is right on. Ellsworth: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Matt, with these funds come the normal federal Bacon Davis and paperwork, am I not right? Ellsworth: Councilman Bird, that's correct. Bird: Okay. Thank you. De Weerd: Any further questions? I'd like reiterate what Councilman Rountree said. Great job. Anytime you can interpret us, that's quite a milestone, so -- and thank you to Dean for the turnaround in the minutes, too. Greatly appreciated. Ellsworth: Absolutely. De Weerd: Okay. Anything further from staff? Do we need Council action tonight on this? Ellsworth: Madam Mayor, Members of the Council, no formal action is necessary. Staff just wanted to seek your approval for the direction that we are going to move from here. With your approval I'd like to come back on April 7th, again, to open the public hearing and comment period for those two action plan amendments, the '07 and the '08 plan years, so unless there are any objections to that, we will be back again in a. couple weeks. De Weerd: Very good. Okay. That was our Department Report. Under Item 7-B. Meridian City Council March 24, 2009 Page 17 of 49 Item 8: Items Moved from Consent Agenda: De Weerd: There were no items moved from the Consent Agenda. Item 9: Tabled from January 27, 2009: FP 08-018 Request for Final Plat approval for 5 commercial building lots and 2 common lots on 19.18 acres in a C-G zoning district for Pinebridae Subdivision No. 1 by Stanley Consultants, Inc. -1830 East Pine Avenue: De Weerd: Item No. 9 was requested to continue to April 28th. Oh. Mr. Zaremba. Zaremba: I was going to make that motion. I move that we continue Item 9, FP 08-018, to our regularly scheduled meeting of April 28th. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to continue Item 9 to April 28th. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. Item 10: FP 09-002 Request for Final Plat approval for 21 building lots on 12.62 acres in a C-G zoning district for Una Mas by Una Mas, LLC - 3475 East Ustick Road: De Weerd: Okay. Item 10 has also been requested to continue to April 7th. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we continue Item 10, FP 09-002, to our regularly scheduled meeting of April 7, 2009. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to continue Item 10 to April 7th. All those in favor say aye. All ayes. Motion carved. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: 2009 Parks & Recreation Fee Schedule: De Weerd: Item 11 is a public hearing on the 2009 Parks and Recreation fee schedule. I will open this public hearing with staff comments, Mr. Siddoway. Meridian City Council March 24, 2009 Page 18 of 49 Siddoway: Thank you, Madam Mayor, Members of Council. Per our discussion at the February workshop we have worked with Emily Kane in the legal department and got the -- the proposed Parks and Recreation fees noticed properly for public hearing beginning tonight. Colin Moss is here to make a brief presentation on the -- the changes to the Parks and Recreation fees. I will be passing out a copy of our new register --our softball roster, where we have taken Council's direction from our February workshop and have begun requesting information about Meridian residency, anticipating future changes to nonresident fees at the end of this year. With that I'll pass these out and ask Colin if he'd come up to the podium. Thanks. De Weerd: Thank you for joining us. Moss: My pleasure. Madam Mayor and Members of the Council, I'll just be real brief about some of the changes to our fees for this year, hopefully try to head off some of the questions that you may already have. Some of the -- a lot of the fees are going to be in our adult sports leagues where we have changed around the fee structure while not really changing the amount that the teams will pay, kind of rolled all the fees into one team fee, whereas in the past they pay the team fee and a per player fee, as well as an association fee to whichever sport it might be. And so we have kind of rolled all that into one to make it easier to understand for the team and so that they just pay one fee up front, instead of having to come back and continue to pay additional fees throughout the season as they add more players. We also have some changes to the girl's fast pitch league fee. It changed -- it went up by quite a bit as well and that is not -- that did not have anything to do with rolling fees altogether, the changes for that were due to some changes to the structure of the league. We added so that there is two umpires at every game, which is -- which is quite a bit more spendy throughout the season and, then, we also added 25 dollars per team to the registration fees per Council request for -- to help offset the cost of some of the Heritage Middle School fencing improvements that we did this spring. Other than that, I just want to point out what Steve said about our roster, that we will be -- with all -- with all our sports from now on through the end of this year we will be tracking the residency of the players it's kind of on an on your honor system at this point to get a good idea of how many of our participants are Meridian residents and we will be back to report some of those numbers when we get -- when we get that data. So, I'd like to open it up for questions now. De Weerd: Okay. Council, any questions? Rountree: I have none. Bird: I have none, Mayor. Rountree: Just a comment. Thank you, Steve and Colin, for getting the general survey information on the application. I think that will be useful. Bird: Yeah. Meridian City Council March 24, 2009 Page 19 of 49 De Weerd: Okay. This is a public hearing, so I would ask if there is any members of the public who would like to provide testimony on this item? Seeing none, Steve, anything further you would like to --anything else you would like to add? Siddoway: No, Mayor. I think Colin covered the highlights just fine. Thank you. De Weerd: Colin, we appreciate you being here. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Is this an item that needs to stay open for like a 30 day comment period or can we close it and move tonight? De Weerd: Mr. Baird. Baird: Madam Mayor, Members of the Council, Council Member Zaremba, it's my recollection that we normally adopt these through resolution and so what we would be looking for tonight is for you to close the hearing, this -- we have advertised this according to state statutes, so there has been sufficient notice to the public, no one felt to show up tonight, so there is no required waiting period after tonight. So, if it's your desire to so move that we bring this back in resolution form to approve these changes, we will do that. De Weerd: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we close the public hearing on Item 11. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 11. All those in favor say aye.. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council March 24, 2009 Page 20 of 49 Zaremba: I move that we request that thi formal action on our next regular meeting right? So, that would be April 7th. s item come back to us as a resolution for agenda. We are not meeting next week; Hoaglun: Second. De Weerd: I have a motion and a second to do what he said. You don't need to hear me talk. Okay. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Thank you. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: Substantial Amendment of the 2007 Community Development Block Grant (CDBG) Action Plan: De Weerd: Item 12 is a public hearing on our CDBG action plan for 2007. I will tum this over to Matt. Thank you, Steve. Ellsworth: Thank you, Madam Mayor, Members of the Council. This is similar to the ones we were just discussing. This is to tie up an outstanding amendment to the 2007 year action plan. The draft plan amendment was originally presented to Council on February 11th of this year, at which time Council accepted that amendment and opened the public comment period. Federal standards require that the comment period remain open for at least 30 days, which we have now surpassed and in the interim we did not receive any public comments. The amendment would allow the city to spend CDBG funds from the 2007 program year on the Meridian Food Bank in the amount of 10,000 dollars and also to provide the Boys and Girls Club with some fund to construct a new fence, freeing up staff time to devote to other issues. So, like I said, we have not received any public comments. The actions before you for consideration this evening are, one, to close the public hearing and, two, to adopt the resolution that's there in front of you in your packet. So, with that I would stand for any questions. De Weerd: Thank you. Council, any questions? Rountree: I have none. De Weerd: Is there any member of the public here to testify on this item? Okay. Thank you. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council March 24, 2009 Page 21 of 49 Rountree: I move that we close the public hearing for Item No. 12. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 12. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 13: Resolution No. Substantial Amendment of the 2007 Community Development Block Grant (CDBG) Action Plan: De Weerd: Item 13 is resolution number 09-654. We don't read resolutions by title, do we? Baird: Madam Mayor, no. De Weerd: Okay. Didn't think so. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'd move that we approve resolution 09-654. Bird: Second. De Weerd: Okay. I have a motion and a second to approve resolution number 09-654. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: CPA 09-003 Request to change the Comprehensive Plan Future Land Use Map designation on 2.051 acres of land from "medium density residential" to "commercial" for Goff by Garland Goff and Shannon Hamrick -1665, 1705 and 1725 West Pine Avenue: Item 15: Public Hearing: AZ 09-001 Request for Annexation and Zoning of 0.76 of an acre of land with a C-N zoning district for Goff by Garland Goff and Shannon Hamrick -1725 W. Pine Avenue: Meridian City Council March 24, 2009 Page 22 of 49 De Weerd: Okay. Item 14 and 15 are public hearings on -- do we want to hear these together, Anna? Canning: Yes. De Weerd: I will open the public hearing on Items 14 and 15 for CPA 09-003 and AZ 09-001 with staff comments. Wafters: Thank you, Madam Mayor, Members of the Council. The first item is a Comprehensive Plan amendment to change the future land use map designation on 2.05 acres of land consisting of three tax parcels from medium density residential to commercial for the properties located at 16.65, 17.05 and 17.25 West Pine Avenue. Let me get my presentation up here. This is the vicinity map showing the subject property and the zoning -- current zoning of it. This is an aerial view. No development is proposed at this time on the properties at 1665 and 1705 West Pine Avenue. The applicant has submitted a concept plan showing how the property at 1725 West Pine, which is the parcel on the far west side here, is proposed to develop. A copy of the existing future land use map showing medium density residential for the subject properties and the proposed changes to the future use map showing commercial for these properties. The annexation and zoning application is fora 1.76 acre parcel with a C-N zoning district for the property located at 1725 West Pine Avenue, which is shown here on the vicinity map. This is a copy of the aerial view. The application has submitted a site plan showing how the existing residential property is proposed to redevelop as a swim facility. The site is proposed to house FLOW Aquatics, a corporation specializing in team to swim lessons for beginners and stroke instruction for valley triathletes and other more advanced swimmers. The existing home is proposed to remain and the applicant is proposing to construct a 70 foot by 81 foot addition. The swim facility is proposed to consist of approximately 1,300 square feet of administrative area, 6,200 square feet of instruction area, mechanical and storage areas. The facility will have three small in-ground, warm water teaching pools, changing stalls, bathroom facilities and a waiting viewing area. The facility is currently operating in Meridian and will continue to provide the community with the team to swim program for beginners and efficiencies in swim stroke instruction for valley triathletes and other more advanced swimmers as previously stated. Access to the site is proposed via one access driveway to -- from West Pine Avenue. Off street parking is shown on the site plan, which meets and exceeds the standards listed in the UDC for commercial uses. The site plan on the right has been revised to reflect the fire department turnaround further to the south. No trees will need to be removed to accommodate the turnaround in this location. On the previous original plan two trees were going to be -- needed to be removed to install that turnaround. The applicant will need to submit a final version of the plan that meets the fire department turning radiuses for inclusion in the development agreement. Cross- access is not proposed on the site plan to adjacent properties to the east and west. Staff has included a development agreement provision for the applicant to provide a cross-access to the properties east and west for future interconnectivity upon development of those properties and as an effort to reduce access points to Pine Avenue, a minor arterial street. The applicant has submitted elevations that show what Meridian City Council March 24, 2009 Page 23 of 49 the proposed addition will look like and how it will integrate with the existing structure. There were many letters of testimony -- I think 61 in support of this application that have been received. The applicant has also submitted a response to the staff report. Outstanding issues that the applicant has sited in his letter are as follows: Number one, the Commission's recommendation that future uses on the site be limited to only an aquatic fitness facility. The applicant requests this restriction be removed or instead consider prohibiting certain uses that may not be acceptable, instead of all uses but this one facility. Number two, the requirement to provide cross-access to the properties to the east and west. The applicant requests this requirement be removed. The UDC does grant Council the authority to waive this requirement if deemed appropriate. Number three. The applicant requested mitigation not be required for the two trees necessary to be removed in the original location of the fire department tumaround. This issue has been resolved with the revised site plan. No trees will need to be removed or relocated with -- excuse me -- with relocation of the tumaround. Staff is recommending approval of the subject comp plan amendment and annexation applications with the development agreement. The Commission has also recommended approval with the DA provisions stated. Staff will stand for any questions the Council may have at this time. De Weerd: Council, any questions at this time? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Sonya, do you have any idea- why the Commission and maybe the staff also wants only an aquatic facility on this property? Wafters: Councilman Bird, Mayor, Commissioners, excuse me, Councilmen, the Commission just wanted to keep low intense uses in this area is the feeling I got from the meeting. Bird: Okay. Wafters: They didn't necessarily call out certain uses that they wouldn't like to see, they just kind of did an across the board restriction on it. Bird: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Would you show the site location again and -- Wafters: The vicinity map or the site plan? Meridian City Council March 24, 2009 Page 24 of 49 Rountree: Vicinity map. Wafters: This is for the annexation. Did you also want to see the Comprehensive Plan amendment for the three properties? Rountree: So, what constitutes the two addresses? Wafters: There is three properties. This is the one for the Comprehensive Plan map amendment request. Rountree: Okay. Wafters: The Goff property is the far west property and the Goff property is the subject properly for the annexation. The other two properties are only in for a map amendment. They are not proposing development at this time. Hoaglun: Madam Mayor? De Weerd: Yes. Mr. Hoaglun. Hoaglun: Sonya, could you go to the site map now and I want to find out what -- I'm sorry, not the site, their -- the revised conceptual site plan. Thank you. Where are the trees that they talked about not being required for the two trees? Wafters: Madam Mayor, Councilman Hoaglun, Councilmen, the two trees were -- I don't know that he shows it on his site plan. He hasn't revised his site plan totally yet. This was just kind of a last minute cut and paste and slide down kind of thing, so he will be doing that. They are currently in this location here for that original turnaround that was shown on the left there. De Weerd: Okay. Any other questions at this point? Okay. Would the applicant like to comment? Good evening. If you will, please, state your name and address for the record. Goff: My name is Garland Goff. I'm at 2010 North Mumbarto Avenue in Boise, Idaho. De Weerd: Can you pull that up just a little bit more? Thank you. Goff: And just real quick while we are looking at this site map I'll show you the two trees that were in question from Councilman Hoaglun. They are -- if this were -- it's this tree and this tree would have had to have been removed had the fire department turnaround been there. I don't know if this works or not, but -- can you see -- is this doing anything? De Weerd: Yes. Meridian City Council March 24, 2009 Page 25 of 49 Goff: These two trees. But, anyway, if we could, I'd just like to give you a little bit of an overview first of what we are proposing here that's been approved. My daughter Shannon started FLOW Aquatics, which is a swim program. She started that five years ago and she's grown tremendously, starting with eight, now over 200 kids and adults. So, we found this property and we purchased this property, not knowing if we could even get it rezoned or not, but we did chat with the zoning folks and they thought that, yes, we probably could have some kind of zoning that would allow this. So, that's why we proceeded on this. This is a ten month effort to get to this point, at an expenditure of 12,000 dollars. So, we are committed to this project. Shannon has spent 60 hours a week working for the last five years to get to this point, so this is where we want to be and we feel that this small woman-based business here in Meridian is -- very much would be a continuation of something that's needed within this community, seeing that we have so many ditches, lakes, rivers around where tragedy can take place. We -- I just wanted to say, too, that we are joined in this -- the CPA by neighbors of ours. Bill Newhouse is here. He's at 1665. And, then, Launch Ministries, which is the next property over to us as well. Both of them have joined us on the west side -- on the east side. I'm sorry. What we are proposing doing here, though, is building a green building. The dome shape that you see is a monolithic dome and it's going to be a rebar reinforced with concrete walls. It's going to have three inches of polyurethane foam insulation, with three and a half inches to seven to 11 inches of concrete and what we are looking for is efficiency. When we are considering having pools, we have to keep the water warm, we have to keep the environment inside pleasant for our people and there is a lot of energy that goes into this. The dome will provide 60 percent less expenditure to maintain the kind of energy requirements we have. We are also looking at installing drain back solar and we also want to utilize the latest in dehumidification equipment, so that any heat that's drawn out of the building can also assist in heating our pools. The drain back solar will be used to augment the heating of our pools. We also are looking at wind turbine, just to see if we can augment some electricity. We are hopeful that we can get some grants from either the fed or some of the local power companies. Two more things about the structure itself and with respects to fire safety, it is the type one or two -- or type two structure -- actually, it's a type two structure, which primarily means it noncombustible. FEMA looks at this building and has developed construction criteria which makes this structure able to provide near absolute protection from hurricanes and from earthquakes. The Department of Energy maintains an energy star program that award structures built to conserve energy. With an E star rating this building also would qualify for that. So, we are looking here at a building that is a permanent structure, energy efficient, cost effective and, hopefully, disaster resistant, as well as attractive we hope. I'm just going to let Shannon say a few things about some of the community and what she's undertaking here and, then, we -- I'd like to comment on a few other things. De Weerd: Okay. If you will, please, state your name and address for the record. Hamrick: Shannon Hamrick. Can't even remember my address. 2063 West Dayton Drive, Meridian, Idaho. Meridian City Council March 24, 2009 Page 26 of 49 De Weerd: Thank you. Hamrick: Madam Mayor, Members of the Council, thanks for giving us the opportunity to come up and address you this evening and as my dad said, for the past five years we have been growing our learn to swim program again from eight children to over 200 and to date we have helped over a thousand people, children and adults, learn to swim throughout the Treasure Valley and, actually, outside of the Treasure Valley as well. We have had people coming from Caldwell and Melba and Star and Eagle and everywhere throughout the Treasure Valley. We even have people coming down from McCall and from Hailey. We have had people come from Texas and Alaska to attend some of our adult workshops and that kind of thing. So, anyway, we have got a little mishmash of everything going on. We started it in a little endless pool. I don't know if any of you are familiar with that, but it's like a little treadmill for swimmers. It's like seven by 14 feet -- seven feet long by 14 feet wide and it was just in a little location right off of Main Street in Meridian and since then we got to where we grew so big we didn't -- couldn't fit all the kids in the pool anymore, we had about 175 kids that we were going through there and so, eventually, we had to go and find bigger water and, unfortunately, in Meridian there was not any for rent. We could not find any pool space at all in Meridian, so we had to go to Boise. We had gone to the YMCA, we have been to BSU, we have been to multiple locations throughout the valley with all of our clients in tow every time we end up moving for one place to the other. And, of course, with renting you're not in control of a lot of the circumstances, so we had to overcome cold pool temperatures for the kids. We had to overcome chemical issues -- chemical stuff. Bad air quality. Scheduling conflicts. And everything else that comes with renting a facility. But, hopefully, with this new facility it will allow us not only to bring our lessons back to Meridian, but it will also allow us to enhance to some lessons we offer and also start offering other -- other services for our community, such as aquatic exercise for our seniors, as well as adaptive aquatics. We have had multiple inquiries, but we just don't have the pool space to be able to offer those services right now. We'd also wish to start a scholarship program for children who can't afford the services that we offer right now and also start a community education program on water safety. I guess it's not as big here as it is in California and Arizona where there is lots of water around, there is lots of irrigation ditches and things, so people just aren't aware of -- I mean you walk around -- Ithink in Arizona it's a law that you have to have gates around your pools. Here you walk around and there is nothing. People could fall into pools all the time. So, it's just an education that people need to learn how to prevent these things from happening, let alone know who to swim. But, anyway, if you approve our project we are really excited about what it will do to help us grow our business, what it will do for our customers, and it's going to do for our community and it will also help put Meridian, Idaho, on the map as having the first natatorium in the nation built with this dome technology. So far there hasn't been one built. Thank you. De Weerd: It's a great location across from the high school, too. Hamrick: Yeah. We have got all the elementary schools there and the preschools and everything, so -- Meridian City Council March 24, 2009 Page 27 of 49 De Weerd: Okay. Goff: Just to comment -- a couple of comments, if you bear with me, on the two issues that were -- that I raised in my letter. One of -- three issues. One has been resolved, I think, so I think we are fine with the movement of the fire department turnaround. You know, I have looked at that site plan so many times it's like a snake bit me when I -- when Isaw it, when Chief Silva looked at it and said, well, why can't we move it here and it didn't dawn on me. At the time that it was discussed we were -- we didn't have the room to put in where you see my backwards P here, parking -- would be the backwards P here. We thought that we -- since we couldn't get the correct dimensions -- the turn dimensions in there for the fire truck, that we were very limited, so we found this space, the previous space, which you saw in the -- which you saw in the left-hand drawing and we moved it here. So, I think that that issue is resolved now, particularly the cutting down of two of those trees, which are mature and very -- 45 foot spruce trees. So, I think that one's out of the way. I would like to have a comment a little bit on the future use of the parcel. I was -- I didn't understand what that was about, so I had to ask staff to explain to me what went on that evening. I had read the DA and in the DA that was proposed, there is a requirement that we do what we say we are going to do, which is build the facility. And, then, when this other thing was tacked on, which I didn't quite understand what was going on there, I just thought it was sort of a reiteration of that requirement, I found that it's a future use issue, which doesn't seem to be very equitable on my part, because if I were to sell this property -- if it came to the point that I couldn't -- or that we couldn't develop this property, if something catastrophic happened -- which could happen in these economic times and I couldn't develop and Ihad -- and I wanted to sell my property, zoned C-N, but the next owner, if I can find an owner, would also be required to build under this designation an aquatic center and I think that's completely ridiculous. Now -- I mean I should have some flexibility with respect to the development of this and I will sign the DA saying that I will develop it as per this. But -- but to take away that flexibility and my right to sell my property if I need to and, then, all of this time, the ten months, the 12,000 dollars, that I went to get this C-N designation and, then, to have it all stripped away from me, if I go to sell -- if I need to sell the property, I think is inequitable. That's why I asked that it be removed, that provision. And as I said, I think you can see that we have demonstrated that we are dedicated to putting this in, but I also think that it's inequitable that I be penalized in that regard to take 39 uses of the property that could take place under the zone, and strip it all away and say, no, nobody can use that, other than to build a swim school facility. So, that's why I -- that's my comments with respect to that. The second issue is that a cross-access issue and while I understand the -- some of the limiting of -- of access to a minor arterial, I have to point out that -- if we could go back to the aerial view on the AZ -- you will see my property is here. The property just to the east in the L-shape, that property is owned by Mr. Newhouse. I am not the owner of that property. And the property directly to the east and front of that L-shaped is owned by Launch and, again, that's another personal property. And private property there. I have no issue with cross-access if I owned those properties. However, I do not own those properties. My annexation, zoning application was for my piece of property. The highway department Meridian City Council March 24, 2009 Page 28 of 49 has approved my full access, because I'm 440 feet away from that signalized -- or will be signalized Pine and Linder intersection. They also want cross-access to another property to the east, which is the Zimmerman property. That property is in the county. It's zoned R-1. It is also further away from the Linder intersection than I am. I have been approved for full access. His property, if it were ever to be rezoned or pulled into the city and rezoned, again, it would have its rights by highway department policy to have a full access drive there. So, I don't understand, number one, to the east why there isn't full access involved. Again, these are private properties. My application was for my property. My property's conceptual development issues have all been approved and I have brought to the table everything that was necessary to get that approved and it appears that the cross-access piece is putting me in the position of mitigating access for some future thing -- De Weerd: If you can summarize, we will let you wrap it up in your closing remarks. Goff: Okay. So, basically, I'll summarize it this way. None of those properties that -- that were in the CPA are landlocked. I also have concerns with respects to safety with respect to our patrons. According to the highway department study, our facility will have 792 vehicle entries and exits. If I have access -- provide cross-access to these other properties at some future point in time, they can also have those kinds of entries and exits. If I'm the only one -- only access into those properties, I'm doubling the amount of entries and exists taking place across the property -- De Weerd: Mr. Goff, your time is up. Goff: Oh, I'm sorry. De Weerd: I would ask that you save those for your closing remarks. I think we got your point, but we can re-entertain that when you come back up. Thank you. Okay. This is a public hearing. Is there anyone who would like to provide testimony on this application? I do have one person signed up and that's a T.J. Clifford, who signed up for. If you would like to provide testimony, I'd invite you up at this time. If you will, please, state your name and address for the record. Clifford: My name is T.J. Clifford at 941 Penwood Street, Meridian, Idaho. De Weerd: Thank you. Clifford: Madam Mayor, Council, I really appreciate this opportunity. This is -- I have got two sons in the program and they have been in the program for most of the time, actually, that Shannon's been open and we have been to other swimming lessons, you know, they all have the safety aspects, but what we found with this program is not only a safety -- very strong safety teaching and method, but technique is also very extremely strong. So, both sons went from swimming and keeping afloat to having a really good technique that's going to last, you know, their lifetime. And the technique is so good and they are -- one of them is ten, one of them is eight -- technique is so good that, you Meridian City Council March 24, 2009 Page 29 of 49 know, really, you can foresee them going any direction they want with swimming, whether it be high school sports, college sports, Olympics, or the other direction, just having a lifetime sport and something to exercise for a lifetime. You heard -- I mean we started in the flow pool, a little pool, and compared to YMCA and everything, we are thinking I don't know about this, but it's a lot closer to home, easier to get to, easier to get to the lessons and we were really impressed and have continued to be really impressed. You know, 61 letters of recommendation is pretty good, but I'm sure there is a heck of a lot more out there that just didn't write. So, I guess I'll just say that I think this is a great thing for Meridian and really strong aspects of all ages, as you even said, close to the high school. I think there is a lot of opportunity and this is also a great location for everybody in Meridian. So, strong support definitely for the project and hope it goes through. Thanks a lot for your time. De Weerd: Thank you. Okay. Yes, please. Please, state your name and address for the record. Fogg: My name is Kathy Fogg and I live at 610 East Trinidad Drive here in Meridian. De Weerd: Thank you. Fogg: I brought visual aids. De Weerd: We can actually have our planning director come up and show you how to work the Elmo. Or whatever it's called. Fogg: These are children of your community. These children are mine and the rest are children of beloved friends of ours. I'm very passionate about what Shannon does. She doesn't go through the motions. It's very important for her that children understand what it is to swim and what it is to be safe in the water. She has devoted her life to both children and adults. Shannon taught me how to swim just three years ago. I had never learned how to swim. This is a picture of my kids under the water. Three years ago when I learned how to swim we took a family vacation and we were in the ocean. It was the first time that I had ever taken part of playing in the water with my children. I was always a mom that sat on the side. I was afraid of the water. I have always been terrified of the water. I was swimming with my daughter, who is here with me tonight, at the time she was seven, and we were a ways out in the water and my daughter got water in her goggles and started -- she was terrified and started to claw and grab at me. The first thing did was look to my husband and he was too far away to do anything. We were out in the middle of a lagoon in the ocean and I remembered what Shannon taught me and I also remembered what she had taught my daughter and the cues that I needed to use with her. I popped her on the head, she looked at me and I said roll to sweet spot and she went, oh, yeah. Rolled over on her back. I rolled on my back. We paddled in. The rest of the vacation was wonderful. What could have ended catastrophically was an amazing vacation and has continued to be amazing for us, because I swam with my kids. I get in the water. Our kids and the adults deserve this facility in this community. We would be remiss to not allow it. Thank you for your time. Meridian City Council March 24, 2009 Page 30 of 49 De Weerd: Thank you so much. Can you beat that? Newhouse: I can't beat that at all. De Weerd: If you will, please, state your name address for the record. Newhouse: Bill Newhouse. 1665 West Pine. I'm adjacent to Mr. Goffs property. De Weerd: If you will just repeat it one more time for our stenographer. Newhouse: Bill Newhouse. De Weerd: Thank you. Newhouse: Madam Mayor, Council. Mr. Goff and Shannon came over to my house or knocked on my door and told me what they had planned. I'm old fashioned and I believe in country. I thought Meridian grew up way too fast. I was a little upset about this. But now I'm starting to learn the process. You got a beautiful facility here and this building here that they are planning on opening up is really beautiful and our company is into green. We got a green team. And I think it's wonderful that they are doing this and I think it would be an asset to this community to have this facility next to my place. De Weerd: Thank you so much. Hi. Little: Hi. Madam Mayor, Members of Council. Christie Little. I'm representing the Ada County Highway District tonight. Address is 3775 Adams Street in Garden City. And I just want to encourage the Council and talk to you a little bit about cross-access tonight. This is a rezone application, so the highway district only provides comments back to the city. So, we did comment on the proposed driveway location in conjunction with the conceptual site plan, typically, with driveways along minor arterials we are always requesting cities to help us out in acquiring cross-access. While this particular parcel meets the requirements for a full access from Linder, a signalized intersection, the adjacent properties have minimal frontage, just like this one does, and they may not meet the offset requirements from this driveway. They may meet the offset from the intersection, but it will be too close to this proposed driveway. So, ACHD really recommends and encourages the city to require cross-access when we do -- when we do get cross-access from these properties as they develop, the owner is actually given the cross-access to the highway district, so the agreement that they enter into is with ACHD. If the property to the west were to develop with a highly intense use -- highly doubtful here, but if it were it would be up to the highway district and the city to evaluate if there was a safety concern with the amount of traffic going in and out. Quite often cross-access doesn't mean that the adjacent parcel doesn't have a driveway, in this case onto Pine, it just means that it prevents people from having to make left turns out onto Pine and back into another driveway to get to an adjacent land use. So, we would just encourage your help with that. Meridian City Council March 24, 2009 Page 31 of 49 De Weerd: Thank you. Okay. Any questions, Council? Bird: I have none. De Weerd: Okay. Thank you. Okay. Any further testimony? Yes, please. You always have the right for the last word. If you will just state your name again for the record. Goff: My name is Garland Goff. De Weerd: Thank you. Goff: And I apologize. I wasn't even looking at your light there. I'm song. De Weerd: That's not a problem. It keeps me employed, I guess. Goff: I just -- I just wanted to say I understand again the cross-access issue, but I also have safety concems. I still have to say we have safety concems with respects to even entry through -- through one area, even though they can exit out. The highway department uses a calculation that says that we are going to have 792 just for our facility. That's vehicle entries and exits. Vehicle trips. If the next property is also a similar commercial issue, then, we could also have another 790 some and if there is cross-access to the property that is Launch Ministries, there could also be some property -- some other needs for vehicle trips in there. We are not a -- we have a lot of children, we have a lot of family members that use our facility, so when you have cross- access it sort of lends the mentality to a through street. So, we have these people coming through our property, they may not exit that way if, in fact, they give them limited access out the other way, but we still have the property taking access from all of the people coming in to use all three of these facilities, whatever they may be. Now, the other aspect -- and, again, I'm not an attorney, I'm not a builder, I'm not a contractor, I'm just a dad and what I -- what I'm curious about is if we do cross-access, I put in the pavement and we have cross-access there, I'm going to negotiate with a new developer for this other property to the east of me -- potentially two properties to the east of me and -- for maintenance, because now I have got increased access through my property. And if they don't want to assist in any kind of a maintenance can I stop them from using my property? And if I can't stop them from using my property, isn't this sort of a round about way of eminent domain, that I'm giving access to the public with no compensation. So, I just don't quite understand why this is important at this point in time. My application is here, but these other applications are somewhere in here and it just appears to be that if I can't control -- I have some control over the access through my property to these potential other properties, then, I can't risk to either restrict the time and conditions of the public use of this property, then, it's sort of tantamount of me being denied my fundamental rights of property ownership, so that's why I -- I have some real questions and concems with respects to this. And primarily safety of our patrons. Thank you. Meridian City Council March 24, 2009 Page 32 of 49 De Weerd: If you will stay up there, Council might have questions for you. Council, any questions? Rountree: I have some questions for staff, but I don't for the applicant at this point in time. I have some comments. De Weerd: While the applicant is up here, do you want to talk about cross-access and maybe how that is -- is dealt with in -- if future development comes in. Canning: Madam Mayor, Members of the Council, it is a code requirement. So, any other development that comes in adjoining this we would also be looking for cross- access. It's similar to the Instant Equity issues that you heard this winter. I think Ms. Little did an excellent job in her testimony. It's the same advice I would have given Council myself. I think that, you know, it's not that those properties will be taking sole access through his property -- this property potentially, but so that folks don't have to get onto the arterial roadway to go from one business to another. This comer is developing in nonresidential uses. Staff will initiate one for the two existing properties right at the comer probably, to change the Comp Plan on those, because we have nonresidential uses there as well. So, even the neighbor to the east, although they didn't want to participate in the Comp Plan amendment, there is an auto body paint shop there currently that's in the county. So, this is a nonresidential area. The cross-access we require of all properties and it is code requirement and we support that one. Not to go against the Planning and Zoning Commission, because we are not supposed to do that, but I'm less concemed with the -- maintaining the -- only this -- this being only a swimming pool facility than I am the cross-access easements I think are very important. De Weerd: Thank you. Any other questions from Mr. Goff? No? Bird: Ana, explain why your -- on the aquatic facility why you're -- Canning: Why I'm not as concemed about that -- maintaining that? Again, the area is going nonresidential. You have a school across the street that's acquiring all those properties and, then, you have an industrial parcel to the south that's in storage. So, I'm not as concemed about intensity of the uses. This is, actually, a fairly intense use for that property. So, I think some of the others would be less intense. It would open up retail opportunities right across from the school, which sometimes is a concem. Bird: Thank you very much, Anna. Rountree: Madam Mayor. A comment. Anna, my concem there would be drive-thru facilities and -- Canning: We can look online. I think they -- Rountree: Other than that I wouldn't have any other concerns for other commercial type development that might ultimately be on the entire strip. Meridian City Council March 24, 2009 Page 33 of 49 Canning: Mrs. Wafters is looking up the zoning code. Drive-thrus may be conditional. Hold on. Hoaglun: And, Madam Mayor, while Mr. Goff is up there, I might comment on him. We are looking to the future and that's why we look at these -- these drive-thrus -- cross- access. Had drive-thrus on my mind there. Because your property -- you may in five years -- your daughter's business may expand even more and you find that you may have to move somewhere else and, then, your neighbor to the west sells and some dentist is building these uses change and we have to kind of look ahead and our crystal ball isn't real clear and try to figure out, okay, if that's a dentist office -- or even if you're still there at that facility and your neighbor sells and that becomes a dentist office, that cross-access does allow us -- they get done with -- you know, the kid's in the pool and, then, mom just drives through that little opening right there to the dentist office, instead of having to go out onto Pine Street, doing a left and another left. That's the purpose of the cross-access is to keep that -- keep that cross-traffic to a minimum and it's -- if you look around and start looking at the businesses in the area and see how much that is, they are rarely used for in and out, just exclusively to a property that's adjacent. It's not that they would use your property solely for the access to theirs, but does allow that combined use. When you want to go from Lowe's to Walgreen's, for example, you can -- you don't have to go back out onto Overland Road, for example, you can just make use of that cross-access. So, we are looking to the future on that. So, you're absolutely right and that's -- that's their purpose is to kind of minimize that interaction in a short distance to go from point A to point B. So, that's --that's what we look at, if that helps. De Weerd: Any other comments or questions, Council? Canning: Madam Mayor, may I provide the full answer to Mr. Rountree's question? De Weerd: Yes. Canning: The drive-thru facilities would be allowed as an accessory use. It would be conditional if it were within 300 feet of another drive-thru, though. Or a residential use or a district. So, actually, it would fall within the 300 feet, because you have got residential across the street and residential next door for the time being. Rountree: So, we could exclude it -- Canning: Yes. Rountree: -- in the DA. Canning: Yes. Meridian City Council March 24, 2009 Page 34 of 49 Rountree: I have a question again for Anna. Is there any other permitted use or conditional use that you don't even want to consider in that location, being that the high school is there, adjacent recreational facilities, that sort of thing? Canning: Madam Mayor, President Rountree, a drinking establishment might be one you would want to consider. There is a fuel sales facility. Gas station. De Weerd: Anna, doesn't the sight distance take care of the drinking establishment? Canning: The separation standard is to a -- is just to churches. Bird: And schools. Canning: Oh. And schools. It's measured from the front door and the front door of the school is probably a long ways away. Bird: And you're right. Canning: I forget if it's -- one of them's the properly in line and one of them is the front door and I'm not sure which way it goes. We can look that up if you want, but -- Baird: Madam Mayor, Members of the Council, because those standards can change over time, if that's a concern of yours, I'd suggest that you include it in your specific exclusions. So, in case there is a change in the state law, we have court cases on whether it is the door or the properly line. I'd hate for you to get into an argument over that down the road. If it's your desire not to allow that, then, now would be the time to put that on the record. De Weerd: Thank you. Canning: So, Madam Mayor and Council, I guess if I were recommending ones to drive-thru establishment, drinking establishment, fuel sales facility, and vehicle washing facility. Only based on the concern that President Rountree expressed regarding the drive-thrus and a lot of drive-thru traffic. De Weerd: Mr. Goff, with this conversation going on, do you agree with the direction of not limiting the use exempt for the ideas -- Goff: I do. De Weerd: -- that have been talked about? Goff: I do. I mean that's perfectly acceptable. De Weerd: Okay. Meridian City Council March 24, 2009 Page 35 of 49 Goff: I have no problems with that at all. De Weerd: Thank you. Any final comments? Goff: No. That's all. De Weerd: Thank you. Goff: Thank you. De Weerd: Okay. Council, any further information needed? Hoaglun: Madam Mayor, I just want to find out if the neighbor who is going to be living there, does he have any concerns about any of the limitations or is there anything additional you wanted to see limited? I mean if this facility does not go through and he sells, I mean we are exempting adrive-thru, a gas station, vehicle car wash, abar -- was there anything else? If you have to live next to it that you don't want to live next to if you stay there? I just want to be sure we don't miss anything that you go, hey, wait a minute, that's -- De Weerd: Now, I'll ask you to just restate your name for the record. Newhouse: Bill Newhouse. De Weerd: Thank you. Newhouse: Well, that's a lot to throw on me at one time here. What I have heard I really don't have a problem with that. I really hope their building goes up, though. I don't understand this cross road you're talking about, but if I granted like you can have access to mine if they needed a cross road that's not even needed -- Hoaglun: No. Mr. Newhouse, what that is -- if you sell your property in the future and let's say -- I use the example of a dentist office. A dentist came to you and says, hey, I want to build this dentist office and he had -- the ACHD gave him a driveway, it still would allow an opening between the swimming area and the dentist office. So, like the example I gave, that mom can take the kids from the swimming lessons over to the dentist office without having to go out on Pine Street. Goff: So, that's -- Hoaglun: Yeah. That's what the cross-access is primarily for in those -- in those instances. So, that's -- that's why we like to have them, because we don't know what you're going to do with your property in the future. Some day you will likely sell and it will probably be some sort of commercial venture or an office of some sort and that's why we do try to look at these towards the future with an eye towards the future and figure out, okay, how can we best mitigate some of the traffic concerns. So, for right Meridian City Council March 24, 2009 Page 36 of 49 now he's not going to access your property, there is just going to be -- we are going to identify that location where in the future some day there might be across-access. Newhouse: Okay. Hoaglun: I hope that helps. De Weerd: Okay. Any further comment? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think this would be an excellent addition to Meridian and a wonderful facility. I agree with the direction that President Rountree is going with not saying that it can only be an aquatic facility, but it can be a C-N, minus the things that we want to exclude. I would, however, hold the line on the cross-access. I think that's very important. Certainly in its current residential use the cross-access isn't important or necessary, but if we are going to agree to zone that to C-N district, I feel that cross-access has to be a part of that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And I don't believe across-access is going to hurt the development at all. There is locations back there and it just -- it's -- it's an advantage to all the property around there, because, as you know, Pine Street is pretty well traveled and if we have -- it would be so much nicer if you only have one access on three or four properties than if you have three or four accesses, getting in and out with the school kids and stuff and it don't hurt your property at all, in my opinion, and I'm like Councilman Zaremba, I think that's one thing we need to hold onto, because there has been a couple times we haven't and it's cost us down the road. De Weerd: Okay. Anything further from Council? Bird: I have nothing. De Weerd: Okay. Well, I would entertain a motion to close the public hearing on these two items. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we close the public hearings on Item 14 and 15. Meridian City Council March 24, 2009 Page 37 of 49 Bird: Second. De Weerd: I have a motion and a second to close the public hearings on Items 14 and 15. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have any discussion or further information needed on Item 14? If not, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Comprehensive Plan future land use map change requested under 09-003 and that would -- the DA would come with the annexation, would it not? Bird: That's i~ fight. I'm song. I second it, then. De Weerd: Okay. I have a motion and a second to approve Item 14. Any discussion? Hearing none, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Item 15. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: First a comment. I think this is a great facility and thank you for coming to Meridian. I'm not sure we can meet all of your expectations in terms of what we can and can't do, but in terms of annexation, that's one permit that you didn't have when you talked about all the permits you were having and that's a very important one for this to go forward. Annexation comes with it some responsibilities to be part of the city. Part of that is to accommodate the future. Cross-access is something that is in every commercial area in the City of Meridian and multiple uses in commercial areas is something that's in most areas. The reason there was some hesitancy I'm sure is that the city has been subject to developers that come to town and say one thing and six months later or eight months later, after everybody's forgotten what they promised, they Meridian City Council March 24, 2009 Page 38 of 49 flip the property and do something entirely different. Having said that, I move that we approve the request for annexation for AZ 09-001 and stipulate in the development agreement that we prohibit drinking establishments, fuel establishments, and drive-thru establishments, as well as vehicle washing establishments in this C-N zone and that cross-access requirement be a condition as well in the development agreement. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Thank you for being with us tonight and congratulations, it will be an asset to our community. We appreciate that. Item 16: Public Hearing: CPA 08-012 Request to add 54.9 acres of land to the Comprehensive Plan Future Land Use Map with designations of "Public/Quasi Public" and "Low Density Residential" for River Planning Area by City of Meridian Planning Department: De Weerd: Okay. The next item is Item 16, public hearing CPA 08-012. I will ask for staff comments at this time. Hood: Thank you, Madam Mayor, Members of the Council. Item No. 16 on your agenda tonight is a Comprehensive Plan map amendment for the river planning area. The area subject to the map amendment is highlighted on the overhead on your screen in front of you. It's located on the north and south sides of Duck Alley Lane approximately four-tenths of a mile west of Linder Road and it's on the south side of the south channel of the Boise River. As I mentioned, the request is to amend the Comprehensive Plan future land use map by adding approximately 55 acres of property to the map. About half of that area would be -- is proposed to be designated public/quasi-public and the other would be proposed to be low density residential. The distinguishing mark between the public/quasi-public and the low density is the FEMA floodway. You can kind of see that on this map. The lighter blue is the hundred year flood plain. The darker blue is the floodway. So, the darker blue areas on the private property we are proposing to add to the map would be public/quasi-public, open space areas, and, then, the lighter blue -- again, you could develop a low density residential. Also in our -- on our Comprehensive Plan we have some text that talks about this area being referred to as north Chinden area and it calls for lot sizes between a half to one acre to insure compatibility with existing homes in this area. So, although the designation is for low density residential, zero to three dwelling units an acre, we have further text in the Comp Plan that -- really looking for half to one acre size lots in this Meridian City Council March 24, 2009 Page 39 of 49 area. So, I just wanted to point that out. The property is currently designated in the river planning area of Eagle's comprehensive plan. The subject request is only to include this area in the city's future land use map and assign the future land use designation as I have previously mentioned. There is no annexation or development proposed at this time. I did want to point that out, too. Approval of the amendment will eliminate an area of city impact and planning area over lap with the city of Eagle. It will establish certainty for property owners regarding potential future uses of their property and provide certainty for both Eagle and Meridian in planning and providing future services. Because the Boise River is on the north and east sides of the subject property and the City of Meridian has designated future land uses to the south and west, it seems practical to add this area to Meridian's planning area. This will allow the Boise River to serve as the future boundary between Eagle and Meridian in this area and keep costs of providing future services in check. I do want to mention that we did sent a letter to the city of Eagle notifying them of this application being submitted and notifying them of that and, then, also requesting that they submit an application essentially to the same to remove this area from their area of impact. So, this is step two of three, essentially, to clean up this planning area overlap. Ada County has already approved our area of impact to go to this line to match up what's proposed on this map. Now, we are proposing to add it to our future land use map. Eagle would still need to remove it from their area of -- excuse me -- from their Comprehensive Plan. So, I do want to point that out, too. Also, in the staff report I wanted to clarify there was a statement in there -- a couple of sentences in there regarding sewer service. We do have a preliminary plan to service and asked JUB to evaluate servicing this area some day, but today there is no actual plan for servicing -- for extending services to this area. So, a portion of the staff report could have been read to read that services are regularly available or we have a plan to get services there in a relatively short time frame and that is not the case. So, I wanted to clarify that. The Planning and Zoning Commission did recommend approval of this application at their February 19th, 2009, public hearing. There was no testimony in opposition. We did have a property owner, Mr. Timmons -- I'll point out his property real quick. He has the two parcels on the far east end here. He did testify. Essentially his comments were he doesn't intend to develop anything today, but he would like to keep his options open and probably some day would be in or his family would be in to develop. Those were, essentially, his comments. We haven't received any written testimony since the Planning and Zoning Commission hearing, but Randy Wiley is a property owner of this parcel right here. It is not a part of the application, but it is adjacent across, again, the south channel of the Boise. Mr. Wiley does hunt on his property and he's also improving that for -- to continue that use on the property, so he wanted to make the city aware that he continues to use that and intends to continue to use that for recreational hunting purposes. So, it's more of a heads up for us that subdivisions right up there on the Boise River probably aren't a good idea in the future. So, we will definitely evaluate that as we get site plans in in the future and see subdivisions. So, his concerns are duly noted. With that I will stand for any questions you may have. De Weerd: Council, any questions for staff? Meridian City Council March 24, 2009 Page 40 of 49 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just to help me understand what's going on, wasn't part of this area -- or all of this area an area that the city of Eagle asked us to include in our recent endeavors with the county? Canning: Madam Mayor, Members of the Council, President Rountree, yes. That was the initial request was that the city of Eagle asked us to clean up this boundary. We -- this is the one where we actually did submit to the city of Eagle and, then, they requested a thousand dollars in fees and told us, basically, they weren't going to approve it anyway. We have not received official testimony from the city of Eagle regarding this application. De Weerd: Any other questions? This is a public hearing. Is there anyone who would like to provide testimony on this application? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no comments in the public hearing, I move that we close Item 16. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on 16. All those in favor say aye. All ayes. Motion carved. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve CPA 08-012 for the river plan area. Bird: Second. De Weerd: I have a motion and a second to approve Item 16. If there is no discussion, Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Meridian City Council March 24, 2009 Page 41 of 49 MOTION CARRIED: ALL AYES. Item 17: Public Hearing: CPA 08-013 Request to change the text of the Comprehensive Plan revising the name of the Mixed Use WWTP designation to Mixed Use Non-Residential for the Mixed Use Non- Residential Text by City of Meridian Planning Department: Item 18: Public Hearing: CPA 08-014 Request to re-designate approximately 265 acres from Low Density Residential, Medium Density Residential, and Mixed Use Regional to Mixed Use Non-Residential for State Hiahway 69 & Amity by City of Meridian Planning Department: De Weerd: Thank you. Item 17 is a public hearing on CPA 08-013. I will open this public hearing with staff comments. Hood: Madam Mayor, I would request that you also open up Item 18 simultaneously and I can give a combined presentation on the two. I would also request that that -- if you choose to do that, that it be acted on separately with CPA 08-013 being acted on first. But I have a presentation prepared combining these two into one. De Weerd: Okay. Thank you. I will open the public hearing on Item 18 as well on CPA 08-014. Hood: Thank you, Madam Mayor, Members of the Council. So, Items 17 and 18, I'm going to kind of walk through those logistically A and B style with my presentation. So, the text amendment is to rename the current mixed use wastewater treatment plant land use designation to mixed use nonresidential. In addition to that, we are proposing to add a new purpose statement to that designation. Revise the standards and provide some sample land uses that are appropriate in the designation. Regarding the map amendment, that request is to change the land use designation on approximately 211 acres of owned -- of land owned by eight separate owners. Those properties currently cant' map designations of low density residential, medium density residential -- let me get to a map here. So, they cant' designations of low, medium, and mixed use regional. The proposal would be for all of them to be designated mixed use nonresidential. Again, the reason these two are interrelated and I'm combining these two presentations is the text, if that's approved, will apply to this map amendment. The location for the text amendment, of course, is citywide and so that the city can use this designation of nonresidential where ever we deem it appropriate to not see any future residential development. The first area to cant' that designation will be around the wastewater treatment plant. The second one is the -- what's up on the screen there and associated with CPA 08-014. And they are located -- excuse me -- at or near the northeast comer and southeast -- southeast comer of Amity and State Highway 69. Highlights -- it looks like we lost some of our people that testified at the P&Z meeting. So, maybe I'll do an abbreviated version of the presentation. So, this designation would be the only one that does not allow new residential and -- but does allow for flexible land use designations for nonresidential uses in the future. The intent of the text change is to develop a Meridian City Council March 24, 2009 Page 42 of 49 versatile land use designation that can be used citywide. I mentioned that earlier as well. But where light industry, professional office, and other nonresidential uses are suitable. So, staff believes the area and the map amendment application is one of those areas suitable and it's similar to the river planning area application, no zoning or development is proposed. Staff did initiate this application. The Planning and Zoning Commission did recommend approval. At that hearing Tuck Ewing and Vic Conrad were in attendance. Both testified in favor of the application. Mr. Conrad did submit comments for both CPA 08-014 and 08-013. The Commission did make some changes as recommended by staff to CPA 08-013 and I do want to run through those real quick. When staff submitted this application we were simply proposing a change in name only. So, to change it from mixed water -- mixed use wastewater treatment plant to mixed use nonresidential. After further discussion with some of the stake holders in the area, we realized that wasn't enough, that we really needed to provide a better guide for future development in this area. So, we worked with them on coming up with, again, a purpose statement and standards for that area and that's what's on the screen now and that we propose for inclusion in the text of the Comprehensive Plan. That was a late add. Staff did send a memo to the Planning and Zoning Commission and they concurred and, again, we got a favorable testimony from the two property owners that were in attendance at that meeting. I do want to point out one other change to the map. So, that's the text change. I'm not going to read it all for you, but those are -- it's a hybrid of what we currently have in some of our other mixed use standards and what some of the other stake holders again preferred for language. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Before you leave the slide, Caleb, I have a quick question on that -- the fifth bullet says all development shall have a mix of at least two types of land uses. So, does that mean professional offices and warehouses? Is that what you mean by land uses? But even though above that we talked about there is no minimum or maximum imposed on nonretail commercial uses, but if -- if we had an area that was designated this and it went all warehouse, would that meet the criteria of two different land uses or not? Hood: Madam Mayor, Councilman Hoaglun, Council Members, if they were all warehouses that would not be considered two uses, similar to what was on the screen for the Goff comp plan, the schedule of use control lists a lot of uses and so they would have to meet at least two of those categorical definitions to qualify under bullet five for all developments having a minimum of two separate types of land uses. If there was some office component to that, we can work with folks on that, but we are looking for -- it's in the name, mixed use. We also have some smaller parcels here, too, some one acre parcels where that just may not be feasible. But for some of the larger land holdings we do want to see some mixed land uses in those. Meridian City Council March 24, 2009 Page 43 of 49 Hoaglun: Yeah. Madam Mayor and Caleb, that's what I was thinking of. If you have a smaller parcel it could be a little tougher to meet that designation of mixed. So, you guys are just going to kind of look at it and make sure it fits and works. Hood: Madam Mayor and Council Members -- and this -- you know, our Comp Plan is a guide. So, we take this and we look at it and it's not a one size fits all, it is what we use when we review development applications as our guide book, but it's not the law. They don't have to do these things. There is sample uses. They don't have to choose. There is other uses they can also develop, but it just kind of gets a flavor for what we are looking for in those areas. Hoaglun: Thank you. Hood: So, I did want to point out a couple of changes or one change, anyway, to the map application. On this slide you can see this is the original boundary that staff proposed for the text -- for the map amendment. After we submitted the Tico One ownership did contact the city and requested to also be part of the application for the map amendment and the Planning and Zoning Commission concurred with that and I think the next slide shows about five acres -- about an additional five acres that should be added. We are agreeable to this. There is a waterway that makes a good boundary between your nonresidential and, then, residential on the other side, so they have a natural barrier there and, then, if you look along the eastern boundary, it's a straight line. Again, it's a guide, so it may not be fence line right there all the way, but the idea is that there is a break point of your non -- nonresidential and, then, this is future low density residential. So, I did want to point out that change as well to the application. Canning: And, Madam Mayor, Members of the Council, I wanted to add something there that -- that Tico One ownership did request that be included, but, actually, they -- we had been talking to them in the initial thoughts about doing this and we had intended to include them. So, it was, actually, a staff error to exclude them and, then, we just -- the best way to remedy it was to ask them to testify at the P&Z to be included. So, staff is more than supportive. It was just an oversight on our part when we were drawing the map. De Weerd: Thank you. Hood: So, the end of my presentation is just a quick summary on the comments that we received. The comments that we received were from Vic Conrad with J.R. Simplot Company. Matt Ellsworth and myself actually went down to Simplot's office and sat down with Vic and kind of walked through the process and we came up with some of the text changes, played a little back and forth with some of those and came to an agreement on the -- the previous slide that we looked at there regarding the text. We haven't received the additional comments since the P&Z hearing, but I did want to -- to call those -- that written testimony out. I mentioned to Vic in a voicemail today that I would do so if he wasn't in the audience today. So, we also received written comments from ITD expressing concern about the potential commercial uses along the highway Meridian City Council March 24, 2009 Page 44 of 49 frontage and the need for a backage road and limited access points to the mile and half mile marks with future development duly noted. Again, there is no future -- there is no development proposed at this time. In the future when development comes we will look for access consistent with city and ITD code, so -- and ACRD. So, with that I will stand for any questions you may have. De Weerd: Any questions from Council? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I guess I need some assurance that the remainder of the development code has taken into account appropriate buffering for existing and future adjacent land uses for this area, primarily residential, that there is sufficient buffering that there is consideration for potential for noise coming out of this area that would be adjacent to residential areas, as well as odor or air quality issues. So, I want to make sure that those are factored into our other ordinances, so we don't -- and this -- I think this is a good use out there, but I don't want to create a future problem by allowing something by this designation that will create problems for folks that either exist there or will be there in the future. Hood: Madam Mayor, Council Members, Councilman Rountree, the UDC certainly accounts for adjacent land uses. The Comprehensive Plan does not. So, depending on if it's office or industrial will dictate what that buffer is. As far as odor and air quality, I don't think the UDC really evaluated that to a certain extent. I don't know -- I don't know how you would without doing a detailed study of some of the dust and some -- I know with the wastewater treatment we did that odor study and there is some -- some hard data there. Again, it kind of depends on the development as it comes in and with these properties, too, they will request annexation, so if it doesn't -- if you give it the smell test, pardon the pun, with the odors and stuff, but if it doesn't seem to fit, we can -- we can bump that buffer up or require a taller fence or whatever the case may be. So, these properties aren't annexed today and they will need and we will have that development agreement where we can kind of look at them, again, on a case-by-case basis. But, again, the UDC does have some 25 -- 20, 25, 35 foot buffer requirements, kind of depending on the intensity. Rountree: Thank you. That's just the assurance I wanted on the record. Canning: And, Madam Mayor, Members of the Council, the Comprehensive Plan text for this -- what we are proposing called nonresidential, does talk about noise and odor and all those things as associated with the treatment plant before, but they would still apply. Part of the reason we saw it as -- this as a potential area for this designation is because of a number of geographic features that will provide natural barriers to those. Meridian City Council March 24, 2009 Page 45 of 49 A lot of the area is already pits and so you're going to naturally have berms and banks that are -- will absorb sound and act as an additional buffer beyond what we could normally have. Part of the low density residential area is an existing pit. So, it made sense to include that in the designation. Rountree: Very good. Thank you. De Weerd: Okay. Any other questions from Council? This is a public hearing. Anyone want to provide testimony on this item? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no testimony for Items 17 and 18, I move we close the public hearing for both. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Items 17 and 18. All those in favor say aye. All ayes. Motion carved. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 17. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve CPA 08-013. Bird: Second. De Weerd: I have a motion and a second to approve Item 17. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Item 18. Rountree: Madam Mayor? Meridian City Council March 24, 2009 Page 46 of 49 De Weerd: Mr. Rountree. Rountree: I move that we approve CPA 08-014. Bird: Second. De Weerd: I have a motion and a second to approve Item 18. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 19: Amendment to Ordinance No. 05-1201A: RZ 05-018 Request for a Rezone of 71.24 acres from I-L to C-G zone for Crossroads Shopping Center, Presidential Subdivision and Reagan Subdivision by the City of Meridian -southeast comer of Eagle Road and Fairview Avenue De Weerd: Item 19 is an amendment to Ordinance No. 05-1201A on RZ 05-018. I will ask for staff comments at this time. Canning: Madam Mayor, Members of the Council, we have to confess we are not exactly sure, but we are 99 percent positive and Mr. Baird perhaps knows, but we are pretty sure it came back from the state as an error in the description and so, therefore, we are amending it to be correct. Baird: Madam Mayor, Members of the Council, that's it. There was a mismatch between the legal description and the map and this clears that up. De Weerd: Okay. Thank you. Any questions for staff by Council? Rountree: And how many years did this take to identify? Canning: Apparently four. Rountree: For the record. De Weerd: Okay. With that said -- Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council March 24, 2009 Page 47 of 49 Bird: I move that we amend ordinance number 05-1201 A, rezone of 71.24 acres from I- L to C-G zone for Crossroads Shopping Center, Presidential Subdivision, and Reagan Subdivision by the City of Meridian. Rountree: Second. De Weerd: I have a motion and a second to approve Item 19. If there is no discussion I'll take roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 20: Ordinance No. RZ 08-004 Request for Rezone of 93.64 acres from L-O (Limited Office) and R-4 (Medium Low-Density Residential) to C-G (General Retail and Service Commercial) (25.10 acres), L-O (Limited Office) (10.70 acres), C-C (Community Business) (37.84 acres) and R-15 (Medium-High Density Residential) (20 acres) zones for Volterra Mixed Use by Primeland Development Company, LLP -west of North Ten Mile Road and north of West McMillan Road: De Weerd: Item No. 20 is Ordinance No. 09-1395. I will ask Madam Clerk to, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 09-1395, an Ordinance RZ 08-004, Volterra Mixed Use, for annexation of a tract of land as described in special warranty deed instrument number 106099040, records of Ada County, Idaho, together with a portion of a tract of land as described in special warranty deed instrument number 106099041, records of Ada County, Idaho, together with a portion of a tract of land as described in special warranty deed instrument number 106041249, records of Ada County, Idaho, together with a portion of the right of way of West McMillan Road and North Ten Mile Road, situated in the southeast quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from L-O, Limited Office District, and R-4, Medium Low Density Residential District, to C-G, general retail and service commercial district. L-O, Limited Office District, C-C, Community Business District and R-15, Medium High Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Meridian City Council March 24, 2009 Page 48 of 49 De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, Council, do I have a motion to approve? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 09-1395 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 20. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 21: Executive Session pursuant to Idaho Code 67-2345(1)(c), (1)(~, To communicate with legal counsel to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated: De Weerd: Item 21 is an Executive Session pursuant Idaho State Code. I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c) and (1)(~• Hoaglun: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Will we have roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Meridian City Council March 24, 2009 Page 49 of 49 MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Bird: Madam Mayor, I move we come out of Executive Session. Zaremba: Second. De Weerd: All those in favor? Motion passed. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Bird: So moved. Hoaglun: Second. De Weerd: All those in favor? MEETING ADJOURNED AT 9:15 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~1 / ~ ~ / Z~ TAMMY de RD, MAYOR DATE APPROVED ~~M ;~ ~~ o '9.~,''% _ -. ~~ r~o ATTEST: JAYCEE OLMAN, CITY CLLR = c~U~ ~o ,. March 24, 2009 MERIDIAN CfIY COUNCIL MEETING March 24, 2009 APPLICANT ITEM NO. 5 REQUEST Proclamation for Team Renaissance Skills USA Students 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 became properly of the City of Meridian. E IDIAN I®~, Skills USA Team Renaissance Day Whereas, the City of Meridian is proud to recognize deserving citizens of this Community, especially students who accomplish great things on behalf of their community; and Whereas, Renaissance Magnet High School's Skills USA students have demonsVated generosity and compassion for the 2009 Special Olympics World Winter Games by constructing the judges' platform for the floor hockey venue; and Whereas, Skills USA Team Renaissance willingly performed numerous hours in planning and consVucting a home within the Joint School District No. 2 during their class time and weekends for a family in need; and Whereas, the Mayor and City Council of the City of Meridian acknowledge Skills USA Team Renaissance and the efforts of their classmates in Mr. Mark Enger's Residential Construction class; Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim March 24, 2009, as Sk///s USA T®am R®na/sssn~ Day in Meridian, Idaho and call upon the people in the Treasure Valley to celebrate the accomplishments of Skills USA Team Renaissance. Tammy de Weerd Mayor, City of Meridian March 24, 2009 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT ITEM NO. 6-A REQUEST Approve Minutes of March 9, 2009 City Council Special Joint 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 pubUc meeflngs shall become property of the CNy of Meridian. March 24, 2~9 MERIDIAN CffY COUNCIL MEETING March 24, 2009 APPLICANT ITEM NO. 6-B REQUEST Approve Minutes of March 10, 2009 City Council Regular Meeting AGENCY ~,.~... CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY E3UILDING DEPT: CITY WATEF' DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: RDA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MEF'.IDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POM/ER: US WEST: INTERMOUNTAIN GAS: MERIDIAN P~DST OFFICE: OTHER: Contacted: Emailed: COMMENTS Date: Phone: Staff Initials: Materials presented at public meetings shah become properly of the City of Meridian. March 2~?•, 2009 AZ 08-014 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT King's Congregation ITEM NO. 6-C REQUEST Findings for Approval -- Request for Annexation and Zoning of 2.74 acres frol~n RUT to L-O zones for Kings Congregation - 1201 East Victory Road AGENCY CITY CLERK: CITY ENGIr`IEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATEF' DEPT: CITY SEWE(' DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SI=RVICE COMPANY CENTRAL DISTRICT WEALTH: NAMPA MERIDIAN IRRfGATION: SETTLERS IRF'IGATION: IDAHO POWER: US WEST: INTERMOU~ITAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Findings Contacted;: Date: Phone: Emailed: Staff Initials: Materials presented at pubNc meetings shalt become properly of the City of Meridian. CITY OF MERIDIAN FINDI]vGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIAN` In the Matter of Annexation & Zoning of 2.74 Acres of Land from the Rl Zoning District in Ada Cownty to L-O (Limited Office) in the City of Meridian, by King's Congregation. Case No(s). AZ-08-014 For the City Cowncil Hearing Date of: March 10, 2009 (Findings on the March 24, 2008 City Cowicil agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 10, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 10, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 10, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 10, 2009, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. Thr; 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, Re;;olution No. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-014 -1- 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. 'Tr-at 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 and Development Agreement provisions of the in the attached Staff Report for the hearing date of March 10, 2009, 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. Decisi~~n and Order Pursua~.nt 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. 7'he applicant's Annexation as evidenced by having submitted the legal description and exhibit map stamped and dated December 18, 2008 by Aaron L. Ballard, PLS, is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject annexation and shall include the provisions noted in the attached Staff Report for the hearing date of n'Iarch 10, 2009, incorporated by reference. D. Attach~ad: Staff Report for the hearing date of March 10, 2009. CITY OF MEF:IDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S)..AZ-08-014 -Z- /J~ By act' n of the City Council at its regular meeting held on the % day of 2009. COjJNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BRA ~ ~ • ~,, SEAL /1 ,tti Attest: ~ `z, '~, '!'p r is~ ~ •tQ '% ~ ~p~' VOTED__~~f~~ VOTED VOTED VOTED VOTED ~.~ ~~ Mayor Ta e Weerd City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By Dated: ~ ~~ ~~' City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-014 -3- STAFF REPORT Hearing Date: March 10, 2009 (Continued from February 24, 2009) E IDIAN~.~- TO: Mayor & City Council 11? H FROM: Sonya Waters, Associate City Planner 208-884-5533 SUBJECT: AZ-08-14 -King's Congregation Church I. SUMP/IARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, King's Congregation, has applied for Annexation and Zoning (AZ) approval of 2.74 acres of land from the Rl zoning district in Ada County to the L-O (Limited Office) zoning district. This sate formerly housed the Locust Grove Grange #118. The existing building is being used by King', Congregation Church, who has entered into an option to purchase the property. The church would like to rezone the property to L-O, in which church uses are principally permitted, and eventually construct a new 42,500 square foot church building on the site. See Section 10 of the staff report for more information. II. SUMN[ARY RECOMMENDATION Staff i;~ recommending approval of the proposed annexation with the Development Agreement provisions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Stz~.ff Report. The Meridian Planning & Zoning Commission heard this item on January 15 2009. At the public hearing they moved to recommend approval of the subiect AZ request. a. Summary of Commission Public Hearing: i. In favor: Ty Morrison; Allen Burrows ii. In opuosition: None iii. Commentine• None iv. Written testimony: Ty Morrison (response to staff report) v. Staff nresentinE auulication: Sonya Wafters vi. Other staff commenting on auplication: None b. Key Issue(s) of Discussion by Commission: i. None c. Key Commission Chance(s) to Staff Recommendation: i. None d. Oi-tstandinc Issue(s) for City Council: i. None The Meridian City ounc'1 heard here items nn F hrnarv 2d_ and March 1 n _2nn4 et tHp .»,Hi... earin~ on March 10~' the Counc'1 annroved he cnhiect A7 r nnect .a, ummarv of itv o nc'1 Pub is Hea 'n L Lifavor: Tv Morrison ii. In onnosition: None iii, Commenting: None lY. Written testimony: None y, tall nresentinn ann ication: Anna a nin yl. Other staff co men 'nom on annlication: oe ilva King's Congregation Church AZ-OS-014 PAGE 1 ~, ev Issues of Discussion by Council: 1. Discussion about the need to brim the exl 'n~ system 'n the exi 'n b ail in DD t0 _ _ _ _ current IFC standards (see co ment # 9 in hibit 1 ~_ . . Kev ounc'I han ec o to / o mission Recnmm .ndatinn ~. dd a DA Drovision for the aDDLicant to b 'n~ the exiting v tem 'n the exictin uil ins uD to current IFC standards Drior to issuance of Certificate of Occunancv or the change in use of the b it ins (ee DA Drovi ion #ol. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-08- 014, a:~ presented in the staff report for the hearing date of March 10, 2009 with the following modifications: (Add any proposed modifications.) Deniall After considering all staff, applicant and public testimony, I move to deny File Number AZ-08-014, as pre:~ented during the hearing on March 10, 2009, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the pla.t.) Contviuance I move: to continue File Numbers AZ-08-014 to the hearing date of (insert continued hearing date here) ibr the following reason(s): (You should state specific reason(s) for continuance.) lv. APPLICATION AND PROPERTY FACT5 A. Si1:e Address/Location: Th~.e site is located at 1201 E. Victory Road, in the northeast''/a of Section 30, Township 3 North, Range 1 East. B. Owner(s): Locust Grove Grange #118 650 N. Armstrong Place Boise, ID 83704 C. Applicant: King's Congregation P.c~. Box 1317 Meridian, ID 83642 D. Representative: Ty Morrison, King's Congregation member (208-559-7874) E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for an annexation. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. King's Congregation Church AZ-08-014 PAGE 2 B. Newspaper notifications published on: December 29, 2008 and January 12, 2009 (Commission); February 2, and 16, 2009 (Gifu Councill C. Radius notices mailed to properties within 300 feet on: December 18, 2008 (Commission); January 30, 2009 (Gifu Councill D. Applicant posted notice on site by: January 2, 2009 (Commission); February 20, 2009 (Gifu Council VI. LANIJ~ USE A. Existing Land Use(s): There is currently a 7,000 square foot building on this site being used by King's Congregation Church. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by existing and future residential properties and a future school. (The properly to the west and south recently received preliminary plat approval for single-family residences and a school in Cavanaugh Subdivision.) 1. North: Single-family homes in Cabella Creek Subdivision, zoned R-4 2. East: Single-family homes in Tuscany Village Subdivision, zoned R-8 3. South: Approved but not yet constructed single-family homes in Cavanaugh Subdivision, zoned R-8 4. West: Approved but not yet constructed single-family homes in Cavanaugh Subdivision, zoned R-8 C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: E Pienza St. b. Location of water: E Pienza St. c. Issues or concerns: Looping of the water main during phase two from E Pienza St. to the applicants West Property line. E. Phi/sical Features: 1. Canals/Ditches Irrigation: There is a canaUditch that runs adjacent to the south and west boundaries of this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. F. Access: Access to this site is proposed via E. Pienza Street in Tuscany Village Subdivision. Duect access to Victory Road is not proposed or approved with this application. See Analysis, Section 10, below for Staff's analysis of the proposed access to the site. VII. COMIPItEHENSIVE PLAN POLICIES AND GOAL5 This site is designated as "Public/Quasi-Public" on the Comprehensive Plan Future Land Use Map. Per Chapter VII of the Comprehensive Plan, public/quasi-public areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and visitors. This category includes churches and public lands (excluding parks and schools) within the Area of Impact. King's Congregarion Church AZ-08-014 PAGE 3 Staff fords that the development request generally conforms to the stated purpose, intent, and standards of the public/quasi-public land use category within the Comprehensive Plan. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Cltapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned fo:c the provision of all public services. Tl e City of Meridian plans to provide municipal services to the lands proposed to be annexed in th~~ following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. M;inicipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater DE partment, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Cltapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Staff believes that the use of the property for a church is compatible with the future school and existing and future residential uses adjacent to the site because of the nature of the use. AG!ditionally, a 20 foot wide landscape buffer is required and will be provided adjacent to existing and future residential properties to lessen the impact on adjacent neighbors from the church use of the property. • Cltapter V, Goal III, Objective D, Action 5 -Require all commercial and industrial businesses to in:;tall and maintain landscaping. Street buffer landscaping and internal parking lot landscaping is depicted on the master concept plan for the proposed project. All landscaping shall be installed and maintained on the site in accordance with the standards listed in UDC 11-3B. • Cltapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. Access to the site is provided from E. Pienza Street (a local street) in Tuscany Village Subdivision; no access to Victory Road (an arterial street) is proposed or approved with this application. The existing access points to Victory will be required to be closed upon annexation of the site. • Cltapter VII, Goal I, Objective D, Action 7 -Permit schools, churches, and other public and quasi public uses in rural areas, that are compatible with adjacent uses. King's Congregarion Church AZ-08-014 PAGE 4 Staff believes the church would be a compatible use with the future school and existing and future residential uses that surround the site due to the hours of use and operation. • Chapter VII, Goal I - Ensure a variety and balance of land uses to support the Meridian Impact Area. Staff is unaware of any other churches within the general vicinity of this property. Therefore, staff believes the church will contributes to the variety of uses in this area of the city and provides a needed service to area residents. VIII. UNIFIED DEVELOPMENT CODE A. Schedule of Use: Unified Development Code (UDC) 11-2B-21ists the permitted, accessory, and conditional uses in the L-O zoning district. Church uses are listed as principal permitted uses in tha; L-O zoning district. B. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. C. Dimensional Standards: The subject property shall comply with the dimensional standards listed in UDC 11-2B-3 for the proposed L-O zoning district. D. Landscaping 1. Width of street buffer(s): 25 feet adjacent to E. Victory Road, a minor arterial street; and 10- feet adjacent to Mesa Way, a local street 2. Width of buffer(s) between land uses: 20 feet adjacent to residential uses 3. Percentage of site as open space: NA 4. Tree Preservation: Mitigation is required for all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. The application states that no trees are proposed to be removed from the site. E. Off Street Parking: UDC 11-3C-6 requires one off-street vehicle parking space for every 500 square feet of gross floor area in commercial districts. The existing building square footage depicted on the site plan is 7,000 square feet. Based on this amount, 14 parking stalls would be required; 41 are proposed, which complies with and exceeds this requirement. Additionally, per UI~C 11-3C-6G, one bicycle parking space is required for every 25 proposed vehicle parking sp,~ces or portion thereof. Therefore, a bicycle rack capable of holding a minimum of 2 bicycles is required. Staff recommends that the Commission and Council rely on any verbal or written testimony that mccy be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: Tree Applicant is requesting approval to annex and zone 2.74 acres of land from the Rl zoning district in Ada County to the L-O zoning district in the City. King's Congregation Church is currently operating in the existing 7,000 square foot building on the site and proposes to continue King's Congregarion Church AZ-08-014 PAGE 5 to operate at the subject site once the property is annexed. The property is currently designated on the Comprehensive Plan Future Land Use Map as Public/Quasi-Public. The church use of the property and L-O zoning district are compatible with this designation. Tlie proposed annexation area consists of one tax parcel currently owned by Locust Grove Grange #118. The applicant has entered into an option to purchase the property contingent upon the property being annexed into the City. Tree annexation legal description submitted with the application (stamped on December 18, 2008 by Aaron L. Ballard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Dimensional Standards: Development of the site is required to comply with the dimensional standards of the L-O district listed in UDC Table 11-2B-3. There is no required front, rear, or sidle setback. However, if a landscape buffer is required, buildings shall be set back the minimum width of the buffer. Conceptual Master Plan: A conceptual master plan has been submitted with this application, da~~:ed 11/18/08 that depicts the existing two-story 7,000 square foot building and a future 42,500 square foot building to be constructed in a second phase. 'The first phase of development is proposed to include removal of the existing access points to Victory Road, construction of a 41-space paved parking lot with an emergency turnaround for the Fine Department off of Pienza Street, and the installation of a landscape street buffer along Vi~~tory Road and pressurized irrigation system. The second phase of development is proposed to include at least 52 additional parking spaces, a ne~~v structure and associated landscaping. Ca~nceptual Building Elevations: The Applicant has submitted conceptual building elevations with this application that depict improvements to the existing wall surfaces and a future building to 1'oe constructed with phase 2, included as Exhibits A.3 and A.4. Improvements to the existing building to be constructed with phase 1 include stone veneer around the lower portion of the building and new paint. The elevations for the future building depict stone veneer to match the proposed improvements to the existing building and a blue metal roof, also to match. Design Standards: Future development of this site shall comply with the current design standards in effect at the time of development. Existing Landscaping: There are several existing trees over 4" caliper that exist on the site. The applicant states that they intend to retain all of the existing trees with development of the site. Sidlewalks/Pathways: The conceptual master plan depicts a new meandering sidewalk along E. Vicstory Road within the street buffer that connects with the sidewalk in Tuscany Village Subdivision. The Comprehensive Plan (page 55) requires detached sidewalks along all arterial streets within the City. Thus, the proposed sidewalk is consistent with the aforementioned comprehensive plan policy. A sidewalk is proposed through the site in alignment with the sidewalk on the north side of E. Pienza Street for pedestrian connectivity to the school site and between the existing and future resi~_dential developments to the east and west. The City's Master Pathways Plan does not depict a multi-use pathway planned for this site. Ac~vess: Currently this site has two access points to/from Victory Road; once annexed, the apf~licant shall remove all access points to Victory Road and access shall be prohibited. A stub stre-et (E. Pienza St.) exists at the east boundary of this site from Tuscany Village Subdivision from which access is proposed. An emergency vehicle turnaround is depicted on the site plan at King's Congregarion Church AZ-08-014 PAGE 6 the terminus of Pienza Street; ACRD is not requiring Pienza to be extended to Mesa Way. Drive aisles are proposed for internal access. No access is proposed to Mesa Way. ACHD and planning staff are supportive of the proposed access for the site. Fencing: The conceptual master plan depicts a new 6-foot tall wood fence along the east boundary of the site abutting Tuscany Village Subdivision. A 6-foot tall fence already exists at this boundary; the applicant is not required to construct a second fence along this boundary. Certificate of Zoning Compliance: The current church use of the property is not an existing approved use in Ada County. (Staff was told by Sid Anderson at Ada County on 1/8/09 that no permits had been approved for a change in use from the grange hall to a church for this site.) Therefore, the applicant will need to apply for a Certificate of Zoning Compliance for approval of a church use in the L-O district once the property is annexed, prior to issuance of Certificate of Occupancy once annexed. The site shall be required to comply with all current code provisions of thf; UDC. Development Agreement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the' authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. Prior to annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Said DA shall be completed within 1 year of City Council action. The DA shall incorporate the provisions noted in Exhibit B. X. EX13DI3ITS A. Drawings 1. Vicinity/Zoning & Aerial Map 2. Conceptual Master Concept Plan (dated: 11/18/08) 3. Conceptual Building Elevations -Phase 1 4. Conceptual Building Elevations -Phase 2 B. Agency Comments 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code King's Congregation Church AZ-08-014 PAGE 7 A. Drawuigs 1. Vicinity/Zoning & Aerial Map ~~ E , ~,~ r 1~~~ u ,~`~',~, Ra ~ i~; " ~ .~ ~~ f i j, - ~ F~ ~i-~ ~~~ __._.-l `... .. ~...___.. _ ^, y{ h;~ _ ~ a ~. ~,~ t ~. ~ ~` r ~ ,~. f ~ ~-- -~ I ~.__ ~ '~'~~' ,l _y _ _ E OB [RVq~~UH St ~w.~ ~' ~~ 'r ~.,1 _', ~~ ~~~~ ~,~~ r'- . _- _- t ~_ _ ,~.a...._. . ~~ ~.~-~_~ ~~ _-•--~~ .. a:a: ,.... .. I i .. _~~ .. .. v ,~ #~ ~~ Exhibit C -rage 1 Z. Conceptual Master Concept Plan (dated: 11/18/08) K1I~4GS CQNGREGATION CREC - ASTER CONCEPT PLAN rwc~ w~vaav ~it~ a~,eA:son, t~a~~~~~ ,~, ~ ~~ ae u%'. ePURasE~asmkiCAttw~Fg.uADAmwn1M~'~ se mra.~wiwaot l amuae~atr~emva* ,wnr~,~¢~aw~x~o ~ ~, QiTdflfA2~9FZ~lftS tGYA :lCd: W77k lL ZtlP$At$40• ~ ~ {~ Ri @A'A'~ It H`A.3 Otl i Ef4sTR681HiGP1Ne:7.&C fSE1NIQ1f~853 pAq@~a.SQfry'IG &S7 vaTn~tee~auA a ~ I J, e~s,~ nea ~ss-v~s s~n[WS= T,~ ~t~aEagtal ¢~rokAx&atua.ratffa~kaev¢ur.~u_er.5np5#ikt.. wY+t AiSDtag~ +9L8aaSF ~ ~ ~ ,q~F nAREq~~F~~ 4nfu~.?&s~r '.~ ?A~kSF~i'~iEE a~ q ~, N~rsf mc, ~ ~'~ 4uvrro rmas mac ~cca.aa~ceata~e~wax ~' ~ ~ y ~ ~ j4.: T .w emw~vrr-- ~ ,~q tnF: ThW~\rt~'M1CY ~~. 'f I,I.C Y.IBLEL..J61 ~N W='t ~N YW4~V~gYafM/ ~______~___ J n rt .aver o+m x'~r~~ ar+ ~ rw T a % g a W n ~~ ~ 91® Md _ _-~ _~ n . woer m~u ` 3 .-~ g s ~--~_ . Phase - Boundary 4~m1~ FLS1 ~4® e ai.~~ 1 __ ~~~~ ~.~~~ -~ ~~ --~- ~~ 8 .~~. __ . _ ~_-- „mom ~~ -a-~eeme.v omo. s -~~ .. _. _4m'i ignv+ Ymn1QxH.1K --.~ n wmax a[ .- aK.w. .._ -._- e~.aau~ue -•-~- ammaxa eea!reia ao-u~ ssc q.amii _ ----.... ,~- a~e¢mcoam ..m,;. sgnaa Exhibit C -Page 2 3. Conceptual Building Elevations -Phase 1 E ONE: - PROP05ED NEV`J COLOR SCHE~If -BLUE METAL. RQQF EXSISTING Exhibit C - Pfige 3 THE KIMG'_S~ONGREGA'flOJ~LCREC -..I~dSTEA_CSJL~LCFP_LP_LAN_ii/~_8/_08___ ___T THE KIMG'S_COMGREGATION CREC_-MASTER CQ1~ICFJ~'T PLON_~11i8[Q>~ __ PEASE ONE -PROPOSED NEW COLOR SCHEME -SLUE METAL ROOF EXSIS"PING'; . ~< ~+ANGE BUt1~,f~:LL~t1a.~.,EL.E~(1~T10N:10,0~t:0Et~1 ti .dnT:E[ELQ 1~EF~IEyIEt~ll~:"..,' Thtree of Eight THLE_kCLRLG~ CO1~lGREGATION CRECT~l1QS?EB_CO1~CFleT_.PLAN_i1L1.8/Q8_ ,SASE Ol~~E -PROPOSED NEW COLOR SCHEME -BLUE METAL ROOF E;KSISTIN ,,: ;, Four of Eight Exhibit C -Page 4 4. Conceptual Building Elevations -Phase 2 T~iE_K1N_ _G_S CONGREGAT101~LCREC~AS_T_ER_CONCEPT_P__LAN 11!18!08 THE_KIMG'S_CONGREG~4'T~01V_CREC - ASTER CQMC_EQI_PIAM _1_Li_8L08 _____ ______ P. n r iV E Six of Eight Exhibit C -Page 5 THE KI11G'S CS1NG_REGgTl01~1 CREC - MASTER_CQNCEPT PLAN 11/18/08__ P ~~ maven of Eight THIE1~1ldG'_S_COi+lGREGATIOlLCREC_-_11~ASTER ~O~CFPT PLAN 11Lt8/Q8 Exhibit C -Page 6 B. Conditions of Approval On December 29, 2008 a joint agency and departments meeting was held with service providers in this area. These agencies submitted comments on this application, which are included below. 1. Planning Department 1.1 Ar+TNEXATION COMMENTS 1.1.1 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to inntiate this process. Said DA shall be completed within 1 year of City Council action. The required DA provisions are as follows: a. The applicant shall be responsible for all costs associated with the sewer and water service extension. b. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. c. No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with UDC 11-3D. d. Construct a minimum 5-foot wide detached sidewalk along Victory Road, as proposed on the conceptual master plan, prior to issuance of certificate of occupancy for the existing church building in phase 1. e. The existing driveway accesses to Victory Road shall be removed prior to issuance of certificate of occupancy for the existing church building in phase 1. f. Direct access to Victory Road is prohibited. Access to this site shall be provided from E. Pienza Street. All other access points to/from the site are prohibited unless approved by ACHD and the City of Meridian. g. Provide a pedestrian pathway through this site for interconnectivity between Tuscany Village Subdivision and Cavanaugh Subdivision and for access to the future school site to the west, as depicted on the conceptual site plan. Said pathway shall be constructed prior to issuance of certificate of occupancy for the existing church building in phase 1. h. A minimum 25-foot wide street buffer shall be installed adjacent to Victory Road in compliance with the standards listed in UDC 11-3B-7C. Said buffer shall be installed prior to issuance of certificate of occupancy for the existing church building in phase 1. i. A minimum 10-foot wide street buffer shall be installed adjacent to Mesa Way in compliance with the standards listed in UDC 11-3B-7C. Said buffer shall be constructed with each phase of development, as depicted on the conceptual master plan in Exhibit A.2, prior to release of certificate of occupancy for each structure. j. A minimum 20-foot wide landscape buffer shall be installed along the southern end of the west property boundary, and the south and east property boundaries adjacent to residential uses, in compliance with the standards listed in UDC 11-3B-9C. Said buffer shall be constructed with each phase of development, as depicted on the conceptual master plan in Exhibit A.2, prior to release of certificate of occupancy for each structure. Exhibit C - Yage 7 k. The Applicant shall comply with the tree preservation standards listed in UDC 11-3B-10 for protection of existing trees that are proposed to be retained and existing trees 4-inch caliper and greater that are proposed to be removed. 1. Development of this site shall substantially comply with the conceptual master site plan and building elevations, including construction materials, submitted with the subject annexation application included as Exhibits A.2, A.3, and A.4. m. Development of this site shall comply with the current design standards in effect at the time of Certificate of Zoning Compliance. n. A Certificate of Zoning Compliance (CZC) that meets the requirements herein is required for approval of the existing church use, prior to release of certificate of occupancy for the structure in phase 1. Another CZC will be required for phase 2 of development. o. The applicant shall brim the exiting svstems in the existing building un to current IFC standards prior to issuance of Certificate of Occu~ancv for the change in use of the buildine. Z. Public Works Department 2.1 Water service to this site is being proposed via extension mains located in E Pienza St. The applicant shall be responsible to install the water main to the applicants West property line in a location determined by the Meridian Public Works Department before the completion of phase two. The applicant will be responsible to install water mains to and through this development, coordinate main size and routing with the Public Works department. 2.2 Sanitary sewer service to this development is being proposed via extension of mains in E Pienza St. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 1')•~e applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.4 TY~e applicant has indicated the required pressurized irrigation system in this development will be ov~med and operated by an irrigation district, therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. If it is to be maintained as a private system, plains and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on thE; last phase of this project. 2.5 Tf~e City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface w<<ter for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 Meridian Public Works specifications do not allow any large landscaping within a five foot radius Exhibit C -Page 8 of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.7 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.8 Ar-y 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 (21)8)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.9 Per UDC 11-3A-6 all imgation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch ovaners), 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 re~riewed and approved by the City Engineer. 2.10 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District ,prior to applying for building permits. 2.11 A Letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to si~,mature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that m~-y be required by the Environmental Protection Agency. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting th~it may be required by the Army Corps of Engineers. 2.16 Developer shall coordinate any new mailbox locations with the Meridian Post Office. Where m~iilboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 Tree engineer shall be required to certify that the street centerline elevations are set a minimum of 3-Peet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of building pads are at least 1-foot above. 2.19 Oiie hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public re:;idential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than Exhibit C - t'age 9 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. Fire Department 3.1 Ac:ceptance of the water supply for fire protection will be by the Meridian Fire Department and waiter quality by the Meridian Water Department for bacteria testing. 3.2 Fvial Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Ar~y roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. Provide an approved turnaround along the east property boundary. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Pr7ivate Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 Commercial and office occupancies will require, with annexation approval, afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 Maintain a separation of 5' from the building to the dumpster enclosure. 3.8 Provide a Knox box entry system for the complex prior to occupancy. 3.9 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. Code may require the budding to be br~nught into conformance with IFC. 3.10 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants an~i mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 90.3.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). Exhibit C -Page 10 b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.12 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or tlvee stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 4. Police Department 4.1 Tlrie Police Department did not submit comments on this application. 5. Parks Department 5.1 TI•~e Parks Department did not submit comments on this application. 6. Sanitary Service Company 6.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plain from SSC. 6.2 Waste enclosure access: The applicant shall provide drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 ft. frontal clearance for such containers. 6.3 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 6.4 Waste enclosure dimensions: The applicant shall provide a minimum of 12 ft. clearance inside of the enclosure gates with the gates in the open position. 7. Ada County Highway District This a~~plication is for annexation and rezone only. Listed below are some of the findings for consideration that the District may ident~ when it reviews a future development application. The District may add additional findings for consideration when it reviews a speck redevelopment application. Site Specific Conditions of Approval 7.1.1 Dedicate either 48-feex ofright-of--way from the centerline of Victory Road abutting the parcel, or 38-feet ofright-of--way from the centerline of Victory Road abutting the parcel with a 10-foot public sidewalk and utility easement. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACfID Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct a 5-foot wide detached concrete sidewalk located no closer than 41-feet from the centerline of Victory Road abutting the site, except where it shall connect with existing sidewalk improvements to the east. 7.1.3 With phase 1 (occupancy of the Grange building), dedicate 25-feet ofright-of--way along the site:'s west boundary for the future extension of Mesa Way south of Victory Road. The owner will not be compensated for this additional right-of--way. 7.1.4 With phase Z (construction of any additional buildings on the site), extend Mesa Way south of Victory Road, to include 24-feet of pavement, vertical curb, gutter, and 5-foot sidewalk on the Exhibit C -Page 11 east side, and a 3-foot gravel shoulder and drainage Swale on the west side abutting the site. Additional right-of--way will be required if phase 2 precedes Tanana Valley's extension of Mesa way. 7.1.5 Construct one T-type turnaround at the terminus of Pienza Street. Provide an easement covering the; entire turnaround and documentation of support from the Meridian Fire Department for the alternative turnaround. 7.1.6 Pave each driveway onto Pienza Street its full width at least 30-feet into the site. 7.1.7 Other than access specifically approved with this application, direct lot access to Victory Road is prohibited. 7.1.8 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Arty existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Cemply with the District's Tree Planter Width Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 Ala design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all ap~~licable ACRD Ordinances unless specifically waived herein. An engineer registered in the St<<te of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The ap~~licant at no cost to ACRD shall repair existing utilities damaged by the applicant. The ap~~licant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Of~erations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during amy phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing an~i signed by the applicant or the applicant's authorized representative and an authorized Exhibit C -Page 12 representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit C - Yage 13 C. Legal Description & Exhibit Map 7flE:l.-AN1t..AAtBtip tENG 12d, aor~ 1~. a5oc~ d ~ Aimexatiorl an Rezone 1.~~ 1)~scmiption King's Coa~regation P118t,~ 2.74 Acres itrtilcs tit: L'iAli~F/1~ N~N A trHet pf !arid 87f17$tt'A~-111 ~ N<31t1tWP,4t tine ~ ©ftbe Naitheast Qum of 5eet€on 30y Townsh€p ~ N®rth, l~snge 1 , Ff~ise Meridian, Ada ~ouiity, ids, d~critreti as follows: ' C~-m€ag art g fosmd 5,~8 31~Ji steed. pio mug tke ltlottit t7~a Quarter Comer of said `~rai~rl 30, tdience fal#owiclg the nar~erdy lI~ of di+~ Moi~hwesc 4)rle Quarter of tJ~ ~ ~ of said ~et€ori 3(JA Nardi 59°42'13" a dtsta~e of 40b9.99 feet to a dirt, vo~tich b South 59"4?'!3"'~+'eat s distance of 1,569.99 fit from a fou>~ S/8-€a~kh sseul pim:arrai>t€eg t~ Nort&c~ct Coffer of d sects 30. std being tdie PO1N7' aF' id~tiVI~AT(3. Thericc ~1lowing saaid tioithertq l€~, North 59°42' 13" Eas! a distarl~ Af 250.00 feet to s found 3,t8 inch sled gin can the wrix ling of Tusk! ViQage Subddwisioa TVo. 1 and 2 (a recotde~3 suiidivisian on ale do Haolss 59, and 92: of Plai Books at Pages 10395-10399, and 1.03593. n~ords ~fAda ~ctynty. ida6ur Thens~ followh7tg mid v-~esterdy t€ttn, South ~°tt3' d 1" ll'cst a ~'rstasrce iif S20,itE1 feet to a g~ir~ 17t llraxing s~ai westerly ~ Narth 19°5b'49" West a disinace of 2@.00 feet to a ~iim; '1`honce North 00°03' I l " laa~ a diste of 29.$9 feat to a isoirri 'tltenco South. !#9°44'37" West It ddsauroce of 214.00 €eet to a po€rl~ 171er11~ Nord! Ol®49'05" West a d€stance of~99t?.00 feet ul t#re PO1NT t)F BEGiNiVINt3. 7'hc above-dril~il trtrat cif tastd eantsuls 2.74 acros, c~ncuc or Icy, subjr~ct to eID exisdn5 e~semeni.~-and r€ghts-of-way. Prep~ect sy: rur; t.AlVO ci;oiln. iNt~. 4fu? E; 5ttt3A1 g1tlVt, SLtITd 100 hAG1:P„ ti)AktA 93616 208934-~D41 20843Q-4445 (FA3t) t.a~io~gurl~dra9~m.S:~rP6acra~g~tr~tl~.C;t~j'C~vueelr~t;,.r,r . x&21:. v"lnur lids°c.:~tc. t~U 1?u~k, Y~~~ $9b1b ~ 1! ~~.'~Te+l.d~l[ l+ :MIM.934.Ad~Ss uw~m~.~Ctet~l+sc u~;,mety. vo ii:`~3B~~i16.°~,ld4ttib11s1t.r164ii6'?,.+1ncu~teNe7tt~ 1913t3f4:dn[ Exhibit C -Page 2 3kuated 1~ ~ P~tisa +~t'~tt N1V ! °~i offfAe PdE i;4 of 3cctic~n $0. 7®wnz6ip 3 3+torth, Rax~r { , H.M Ade C'nunty. Imp ~Ekll3 5f8" StEk1 FtM 5/'A° STEfL ~N /~M t/4 Ct ~CIir~Y 30 HA35 ~' BF.+C~ P~ Cam' ~CR4N ~ ~ ta69.~° 2'3'Q,~" - ®93!9.99' ~/ -! t I YO ~ 9 {:Ol ~. Victory load eureear fax 17islec~ Ri ' ! raped Taax t?6strleli t-O _ _ 119,157 SP ~ 2:74 AC tl~cc'AN1`atde ta.11 . ~ aleulvrsn~~ ~;~, ~ t G IBU16,'1~~U~R 4L~. ^_ 3 d 4 AL ^N~$9~44'3i"E 214.LiQ` ~v S003'11"W s ®~ ~ ~ 29.89' ~...~r•.,.". ^ 'rv~v~vo~y - @I~ ~'. Ate.-.~ __ __ "' '$ ~iQi`~H~iN'1 ~* Artnex~t~rt 8rtd ~ZUnH ~~.;~ , Eichlbit t2 "t$•~3 ,Pnea 1 of 1 Exhibit C -Page 3 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all the subject property L-O; the Comprehensive Plan Future Land Use Map designation for this property is Public/Quasi-Public. The City Council finds that the proposed zoning map amendment complies with the proposed church use of the property and the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that future development of this property will comply with the purpose statement of the commercial districts and the established regulations of the L-O zoning district. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, the City Council finds that Annexation and Zoning of this property to L-O would be in the best interest of the City if a Development Agreement is required wfth the provisions noted in the staff report. Exhibit D -Page 1 March 24, 2009 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT ITEM NO. 6-D REQUEST Approve Beer, Wine and Liqvor License Renewals AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See atMched Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubNc meetings shall become propr®rfy of the City of Meridian. Beer, Wine & Liquor License Renewals for Approval by City Council on TUESDAY MARCH 24T". 2009 Big Smoke, LLC 234 W. Franklin Beer & Wine Kahootz Steak & Alehouse 1603 N. Main Beer & Wine Added to list: 3/16 White Water Saloon, Inc. Divine Wine, LLC. Texas Roadhouse of Boise Added to list: 3/19 Gelato Cafe (Rest) Sakana (Rest) Louie's Pizza & Italian (Rest) Winco Foods LLC Corona Village (Rest) 1646 N. Meridian Beer & Liquor 2310 E. Overland Rd. #105 Beer & Wine 3801 E. Fairview Dr. Beer & Liquor 2053 E. Fairview #101 Beer & Liquor 1718 S. Eagle Rd. Beer & Wine 2500 E. Fairview Beer & Liquor 1050 S. Progress Ave. Beer & Wine 21 E. Fairview Ave. Beer & Liquor March 24, 2t?09 MDA Q8-002 MERIDIAN CITY COUNCIL MEETING March 24, 2Q~9 APPLICANT Primeland Development Company, LLP ITEM NO. 6-E REQUEST Addendum to Development Agreement -- Request to modify the recorded DA and create a new DA for a mbce_d use /commercial employment area for Voi#erra Mbced Use -- west of N. Ten Mile Road & north of W. McMillan AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See aMoched Devekrpment Agreement Contacted: Date: Phwne: Emailed: Staff Initials: Materials presented at pulsltc meetings shall become properly of the Clay of Meddlan. ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 04/09/09 02:49 PM DEPUTY v-~Id Allan III 1111111 RECORDED-REQUEST OF Meridian City l p FIRST AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Primeland Development Company, LLP, Owner/Developer AMOUNT .00 ~' IIIIIIIIIIIIIIIIII 101 THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is dated this ~~ day of ~(Y1Q. ~'C.1-~ , 2009, ("AMENDMENT"), by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and Primeland Development Company, LLP ("OWNER/DEVLEOPER"), whose address is 3120 W. Belltower Drive, Suite 100, Meridian, ID 83646. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded on March 7, 2006 as Instrument # 106034786 on real property more particularly described in the Agreement. B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement by amending Section 3 "Definitions" modifying sub-section 3.4 "Property" excluding the Volterra Mixed Use properties (111 acres) of the recorded DA. C. The existing legal descriptions and exhibit map tied to the original DA should be replaced with a new legal description and exhibit map referencing the remaining acres/acreage that will remain subject to the existing Volterra DA. Said exhibits and descriptions should include the remaining R-4 zoned property north of McMillan and the Volterra South property located south of McMillan. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: Section 3 -DEFINITIONS: Modify sub-section 3.4 "Property" to remove the described properties attached in Exhibit A of the original DA and replace the new legal description and exhibit map attached as Exhibit A(1) below which identifies the remaining area/acreage that will remain subject to the existing DA (Instrument # 106034786). y FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-002 VOLTERRA MIXED USE) PAGE I OF 6 Section 5 -CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: The new DA for the 111 acres shall include, at minimum, the following: 1. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development and be generally consistent with the conceptual site plan submitted with this application, as determined by the Planning Director. 2. All future development on the site shall be subject to administrative design review. 3. This site has an existing development agreement, instrument #106034786. The entire 111.19 acres shall be subject to a new development agreement for the Volterra Mixed Use Project and will no longer be subject to the original Volterra DA. 4. The C-G zoned property shall consist of a minimum of 6 buildings with no one building exceeding 250,000 square feet. The maximum allowable non- residential square footage for this portion of the development shall be 558,000 square feet. 5. The C-C zoned property shall consist of a minimum of 11 buildings with no one building exceeding 200,000 square feet. The maximum allowable non- residential square footage for this portion of the development shall be 464,000 square feet. 6. The L-O zoned property shall consist of a minimum of 5 buildings with no one building exceeding 20,000 square feet. The maximum allowable non-residential square footage for this portion of the development shall be 120,000 square feet. 7. The R-15 zoned property shall consist of a minimum of 3 buildings and a minimum density of 8 dwellings/beds per acre and a maximum of 75 buildings provided it does not exceed the density requirements of the R-15 zoning district with no one building exceeding 130,000 square feet. 8. The applicant shall construct five central plaza. areas and associated pathway on the site as generally depicted on the conceptual site plan. 9. All buildings on the site shall be generally consistent in appearance with the attached photos (large box, health care, hotel, health club, general business, senior living, skilled nursing, retail) submitted with this application, as determined by the Planning Director. 10. The proposed non-residential and residential buildings shall be constructed with high quality materials, including but not limited to: split face block, stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not require full fagade treatment if there is screening for the loading area., highlighted main entrances, stamped decorative concrete, flat roofs, accent metal roofimg, composite or the roofing materials and variations in colors, roof planes and parapet heights. 11. A minimum 25-foot wide buffer shall be constructed along W. McMillan Road and N. Ten Mile Road with 5-foot detached sidewalk. Any future collector FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-002 VOLTERRA MIXED USE) PAGE 2 OF 6 streets shall have a minimum 20-foot wide landscape buffers on each side of the street. Any future local commercial streets shall have a minimum 10-foot wide landscape buffer. These buffers shall be designed in accordance with the standards listed in UDC 11-3B-7 and shall be constructed with platting of the property or with the issuance of the first building permit if the plat has not been recorded. 12. The applicant shall comply with all landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. 13. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to all new construction on the subject property. 14. Any future signalization installed as the result of the development of this proj ect shall be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 15. Driveway access onto Ten Mile Road just north of McMillan Road shall be designed as a right-in/right-out driveway. 16. The applicant shall coordinate with the Parks Department to facilitate the actual design and exact location of the pathways in accordance with the standards listed in UDC 11-3B-8 and 11-3B-12, and the Master Pathways Plan. Said pathway shall be constructed when the extension of the north east/west roadway is constructed on the site. 17. The applicant shall provide a method for notifying home owners of development plans for the Volterra Mixed-Use project, as determined by the Planning Director. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this amendment to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This amendment 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 amendment shall be binding on the Owner/Developer ofthe 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/Developer, to execute appropriate and recordable evidence of termination of this amendment if City, in its sole and reasonable discretion, had determined that Owner/Developerbas fully performed its obligations under this amendment. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-002 VOLTERRA MD~ED USE) PAGE 3 OF 6 4. If any provision of this amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this amendment and the invalidity thereof shall not affect any of the other provisions contained herein. 5. 'This amendment sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions orunder-standing, either oral or written, express or implied, between Owner/ Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this amendment 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 Property 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 amendment shall be effective as of the date herein above written. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-002 VOLTERRA MIXED USE) PAGE 4 OF 6 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: PRIMELAND DEVELOPMENT COMPANY, LLP By: ~, ``\``\\\,,, ~ ~ ~ ~ ~„~„~,;,,,,r ,. CITY OF MERIDIAN ~ -9 ~\ c1' oar 'L '; ~° $EI~I, = By: Mayor y de Weerd ~ ~w°~ O ~ ` ~; 94 GST 1S'~ . .~ ear Attesr.,~'`~ ~ ~p4'``~~ UIV"jY ~e '~~~~~i~rN-rn itt~~, ~~ ~°~ Jaycee .Holman, City Clerk FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-002 VOLTERRA MIXED USE) PAGE 5 OF 6 STATE OF IDAHO ) . ss: County of Ada, ) On this ~ day of ~~(,,~C,l~ , 2009 before me, the undersigned, a Notary Public in and for said State, personally a geared ~~(,~ ~, ~,~tt.~j~..l~ , known or identified to me to me to be the ~, of Primeland Development Company, LLP, and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SE ) KIMEERLY WINKLE Notary public State ®f Idaho Notary Public o Idaho Residing at: ._ ~s~~-~~ STATE OF IDAHO ) ss My Commission Expires: County of Ada ) On this ~`~ day of rYlQ.rC~ , 2009, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known 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. (SEAL) ®'4~~'M-G~',~i• ~~4~ • ~ T A~ ,~• ~ ~ ~ ~ e ~ ~ i • ^ i L 1 i s ~ A ~+ ~ • ~.~`. j"T jjtst 1tJ~ a~i ~9~ O~ ~Q~a otary Public for Idaho Residing at: ~y) Commission expires: (0-~ ~ FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-002 VOLTERRA MIXED USE) PAGE 6 OF 6 Exhibit A(1) Page 1 of 2 ®^ Quadrant Consulting, Inc. Volterra Subdivision Development Agreement Boundary A parcel of land situated in the North''/Z of the Northeast''/4 of Section 34 and the South''/z of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the Section corner common to Section 26, 27, 34 and 35 of said Township and Range, said point being the POINT OF BEGINNING; thence along the east line of the Northeast '/o of said Section 34 South 00° 52' 47" West 1315.58 feet to the Southeast corner of the North''/2 of said Northeast''/4; thence along the south line of said North 'h of the Northeast '/o North 89° 06' 30" West 2651.08 feet to the Southwest comer of said North''/2 of the Northeast''/o; thence along the West line of said North''/2 of the Northeast'/ North 00° 43' 45" East 1323.31 feet to the '/4 comer common to said Sections 27 and 34; thence along the West line of the Southeast '/4 of said Section 27 North 00° 28' 37" East 644.85 feet to the Southeast comer of Lot 7, Block 2 of Black Cat Estates No. 2 Subdivision as same is recorded in Book 32 of plats at Page 1945, records of Ada County, Idaho; thence along the East line of said Lot 7 North 00° 19' 40" East 660.00 feet to the Northeast corner of said Black Cat Estates No. 2 Subdivision; thence along the North line of said Black Cat Estates No. 2 Subdivision North 89° 18' O1" West 1261.91 feet; thence leaving said North line North 12° 47' S7" West 206.21 feet; thence North 88° 11' 16" West 896.71 feet; thence North 50° 51' 36" West 89.06 feet; thence North 34° 21' 20" West 79.64 feet; thence North 19° 35' 33" West 111.55 feet; thence North 89° 34' S6" West 291.92 feet to a point on the West line of said Section 27; thence along said line North 00° 31' 08" East 877.06 feet to the West'/4 comer of said Section 27; thence along the East-West mid-section line of said Section 27 South 89° 20' 15" East 2649.84 feet to the center of said section 27; thence continuing along said East-West mid- section line South 89° 21' 10" East 881.40 feet; thence leaving said East-West mid-section line South 00° 59' 37" West 409.35 feet; thence South 22° 14' 26" West 338.89 feet; thence South 06° 37' 30" East 612.06 feet; thence South O1° 53' S6" West 1299.71 feet to a point on the South line of said section 27; thence along said South line South 88° 56' 29" East 1861.26 feet to the POINT OF BEGINNING; Said parcel contains 201.48 acres more or less. February 26, 2009 1904 W. Overland Boise, ID 83705 • Phone (208) 342-0091 Fox (208) 342-0092 • Email: quadrant®quadrant.cc Civil Engineering • Surveying • Construction Management EXHIBIT A(1) PAGE 2 OF 2 N -M -N~ I ,6~'bb9Z 3„9l,lZ.ON aVOa 3lIW N31 'N N ~ \ r ~ N ~~7 F Z d- W ~ ~ O w cn wo ~~ ao ~ Z Z ~ g ,5£'604 .6 ~~ W O ~ F w °tpi Z a O1 d m N W 0 Z } O~' Si D~ m m F ~~ ~~ ,gOZl9 N 3 0 ~Np Z O N n m 3 3 3 M io M p 0 ~Tp ~~ 2a~0 Z Z~ N W N _ N ll~ ~ ~~ ((~~ ~ N P - ~ 90'LL8 3,80,1~ON ~ N ~ M Z LL ,oo•oss 3.04,61.ON 1 Z N( 0 N Y ~ U O p J Q7 m N n N F- OJ Z ~ ~ W W Z F- ~ Q O F U N W W ~ I- Q U Y U 3 N 8S,£S,LS .n z a ~^ IN .58'449 '" 3.L£,BZ.ON N Y ~ D Q O z a J _J f U 8S'S l£ t M.L4,t~OS 0 ~ 4~ ~ U CO ~I= ~$ n ° N L o T ~ C ~m~~ O ~ ~o9 F ~ L D r7( "/ ~ ~• - W gg O ~' N s°'S o a m ~ ~ ^^ ~~ c p _ ~- a ~~ ~~ ~o O Z 6 .-a~ O N W W ~ W O Z Z Q U O ~* ~_ z~ >_ Fmo ~ ~No m w~- ~ o_ (n '"* w z Q zac°~ W a'Q 2 ~ W,~ta ~' ° a J ..~ _ Q z to > W ~° z is - N a° U F O W N O N 3 z l£'£Z£ l 3,54,£4.ON Q m h d OV02J 1V~ N~VIB ~ ~ O O ~~ Z~f~ S89'21'12"E 1769.59 27 i 2f SO'S9'37"W N S89°38'44"E '~~, 409.34' ~ PROPOSED L-0 ZONE 185.00 ~ ° ' " S85°13'54"W 14"~N 81°11' ~ M N89 40 32 W 103 86 635.00 00 S 50 09' C3 2 . . 277.91' 22 C2 N 8 48 46 W C1 ~ 100.00 U '~ 63.92' N ~ ~~ ry ~~ ?ry M ~ U ~ PROPOSED C-C ZONE ~ o ~ ~ ~ cV rn N ~ ~ c0 CV ~ ~ W ° O ~ ~ ~ M ;~ '` S73°37'43"E v S34°09'08"E r r N ' ~ z 205.79 143.08 o 0 z C8 CURRENT 85.24' ~~ S88°57'19"E 872.89 R-4 ZONE N 56 °42' 54"E 106.55 a, U PROPOSED C-G ZONE 485.15' N89°38'46"W of ~ti N PROPOSED G i ° R-15 ZONE ° I Q o U I ~ W I J ~O -,`.~ CURRENT C-G ZONE I ~ i _ ~ :~ S21'S1'35"E o i z 100.00 1h ~ ~ I ~ '~ ~ a; M I I z _ S1'03'31"W v ~ ,o I I 27 ~ 196.00 ~ 128.68' I ~_____________ 841.25' ~ 891.3 3' 27 ~ 26 34 _ ------------ 2654.74' N88'S6'29"W W. MCMILLAN ROAD ~d , z~ CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BRG. CHORD C7 160.00 1800.00 5'05'35` 587'46'41 `W 159.95 C2 120.00 1700.00 4'02'40° S83'12'34°W 119.98 C3 80.00 500.00 9'10'02° N85'46'15°E 79.91 C4 100.00 650.00 8'48'53° N4'24'20°W 99.90 C5 425.00 1900.00 12'48'58" N6'24'22°W 424.11 C6 549.48 4500.00 6°59'46° N9"18'S8°W 549.14 CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BRG. CHORD C7 57.05 500.00 6'32'16" 530'53'00"E 57.02 C8 260.00 300.00 49'39'23° N81'32'36"E 251.94 C9 322.95 500.00 37'00'25° S9'06'40"E 317.36 C10 600.00 1100.00 31'15'08" 56'14'01 °E 592.59 C11 80.00 200.00 22'55'06` S10'24'02°E 79.47 C72 623.40 400.00 89'17'46" S45'42'22°W 562.20 V~LTERRA MIXED USE MDA PROPOSED ZONING ADA COUNTY SEC. 27, T-4N, R-1W IDAHO SCALE: PROJECT N0. DATE: PAGE: 1 "=400' 395-06 2/26/2009 SHEET 1 OF 1 ^ ^ ^~Quadrant Consulting, Inc. 1904 W OVERLAND ROAD Botsa, Idaho 83705 (208) 342-0091 PHONE (208) 342-0092 FAX pNL ENpNEER/NG-SURVE77NG-CON57RUC710N MANAGEMENT Legal Descriptions ^^ ^^ G~uadrelnfi Consulting, Inc. LEGAL DESCRIPTION O)F: Overall Rezone Boundary A parcel of land being a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106099040, records of Ada County, Idaho, together with a portion of a tract of land as described in Special Wamattty peed, Instrument Na. 106099041, records of Ada County, Idaho, together with a portion of a tract of land as described in Special Warranty Deed., Instrument No. 106041249, records of Ada County, Idaho, together with a portion of the Right- Of-Way of West McMillan Road and North Ten Mile Road, situated in the Southeast quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, City ofMeridian, Ada County, Idaho more particularly desen'bed as follows: Commencing at the Section comer common m Section 27, 26, 34 and 35 of said Township and Range; thence along the South Tme of said Section North 88°36'29" West, 891.33 feet to the POINT OF BEGII~TNING; thence continuing North 88°56'29" West, 969.93 feet; thence leaving said South line North 01°53'S6" East, 1299.71 feet; thence North 06°37'30" West, 612.06 feet; thence North 22°14'26" East, 338.89 feet; thence North 00°59'37" East, 409.34 feet to a point on North line of said Southeast quarter; thence along said north Iine South 89°21'12" East, 1769.59 feet to the East quarter corner of said Section 27; thence South 0°2I' 16" West, 1738.65 feet along the East line of said Section 27; thence leaving said East line North 89°38'46" West, 485.15 feet; thence 623.40 feet along a curve to the left, said curve having a radius of 400,00 feet, a delta angle of 89°17'46" and a long chord bearing South 45°42'22" West, for a distance of 562.20 feet; thence South 01°03'30" West, 499.73 feet to the POINT OF BEGINMNG; Said parcel captains 93.65 acres more or less. ~7 t~ a+~~»roiart puBUc warms taErr. 1484 W. Civ®rlanc~ • Boise, ID 83705 • Phone t2081342-~91 • Fax (2081342-0092 • Email: quadrant~quadrant.cc CivN Engineering • Surveying • Construction Management ~: Quadrant LEGAi. DESCRIPTION OF: C o n s u l t l n g, Inc. Proposed R-15 ZoniDg A parcel of land being a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106099040, records of Ada County, Idaho, together with a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106099041, records of Ada County, Idaho, together with a portion of the Right-Of-Way of West McMillan Road, situated in the Southeast quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, city of Meridian, .Ada County, Idaho more particularly described as follows: Gominencing at the Section comer common to Section 27, 2b, 34 and 35 of said Township and Range; thence along the South line of said Seetioa 27 North 88°56'29" West, 1020.01 feet to the POINT OF BEGINNING; thence continuing North 88° Sb' 29" West 841.25 feet; thence leaving said South line North 01 ° 53' S6" East 1117.09 feet; thence North 90° 00' 00" East ?39.71 feet; thence 40.48 feet along a curve to the right, said curve having a radius of 280.00 feet, a delta angle of 08° 17' OZ" and a long chord bearing South 03° OS' {~" East for a distance of 40.45 feet; thence South Ol° 03' 3l" West 588.00 feet; thence 140:00 feet along a curve to the left, said curve having a radius of 350.00 feet, a delta angle of 22° 55' 06" and a long chord bearing South 10° 24' 02" East for a distance of 139.07 feet; thence South 21 ° 51' 35" East 100.00 feet; thence 80.00 feet along a curve to the right, said curve having a radius of 200.00 feet, a delta angle of 22° 55' 06", and a long chord bearing South 10° 24' OZ" East for a distance of 79.47 feet; thence South O1 ° 03' 31 " West 196.00 feet to fire POINT OF BEGINNING; Said parcel containing 20.00 acres more or less. REV1E VAt. BY ~~ MERIDIAN PUBLIC WDRKS DEPT. 1904 W. Ovedond Raise, tD 83705 • Phone (208) 342-~91 • Pax (2081342-~92 • Email: quadrant®quadrant.cc Civil Engineering • SuroeYing • ConstNCtian Monagement ®® ^^ Quadrant - Consulting, Inc. LEGAL DESCRIPTION OF: Proposed C-C Zoaiag A parcel of land being a portion of a tract of land as described in Special Watramy Deed, instrument No. 106099041, records of Ada County, Idaho, together with a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106041249, records of Ada County, Idaho, situated in the Southeast quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Section corner common to Section 27, 26, 34 and 35 of said Township and Range; thence along the South line of said Section 27 North 88°56'29" West, 1861.26 feet; thence leaving said South line North 1 ° 53' S6" East 1117.09 feet to the POINT OF BEGINNING; thence continuing North 1 ° 53' S6" East 182.62 feet; thence North 06° 37' 30" West 612.06 feet; thence North 22° 14' 26" East 338.89 feet; thence North 00° 59' 37" East 56.43 feet; thence South 89° 23' 45"East 104.83 feat; thence 250.00 feet along a curve to the left, said curve having a radius of 1150.00 feet, a delta angle of 12° 27' 20" and a tong chord bearing North 84° 22' 35" East for a distance of 249.51 feet; thence 423.13 feet slang a curve to the right, said curve having a radius of 2000.00 feet, a delta angle of 12° 07' 18" and a long chard bearing North 84° 12' 34" East for a distance of 422.34 feet; thence 521.30 feet along a curve to the left, said curve having a radius of 2350.00 feet, a delta angle of 12° 42' 36" and a tang chord bearing North 83° 54' S5" East far a distance of 520.23 feet; thence South 08° 48' 46" East 100.00 feet; thence 100.00 feet along a curve to the right, said curve having a radius of 650.00 feet, a delta angle of O8° 48' S3" and a long chord bearing South 04° 24' 20" East for a distance of 99.90 feet; thence 425.00 feet along a curve to the left, said curve having a radius of 1900.00 feet, a delta angle of 12° 48' S8" and a long chord bearing South 06° 24' 22" East for a distance of 424.11 feet; thence 1904 w. Overland • Botse, ID 83705 • Phone (208j 342.0091 • Fox (2081342-0092 • ErrwA: c~adrantt~quadranf.cc Civs Engineering • Surveying • Constn~ctian iwanagement s~ 62uadranfi - Consulting, Inc. 540.53 feet along a curve to the right, said curve having a radius of 4500.00 feet, a delta angle of 06° 52' S6" and a long chord bearing South 09° 22' 23" East for a distance of 540.21 feet; thence North 8$° 56' 27" West 836.90 feet; thence 159.52 feet along a curve to the right, said curve having a radius of 280.00 feet, a delta angle of 32° 38' 30" and a long chord bearing South 23° 32' 4b" East for a distance of 157.37 feet; thence North 90° 00' 00" West 739.71 feet to the POINT OF)3EGINNIIVG; Said parcel containing 37.84 acres mare ar less. ava~ ~~~ a~ 19 ~~R~K Q~p~`G VJ 1904 W. Overland Boise. Ip 83705 • Phone (2081342-0091 Fox (208J 342-0092 • Emoil: quadrant~quodrant.cc Civil Engineering • Surveying • Construction Manag®ment ~~ ®® Quadrant Consulting, Inc. LEGAL DESCRIPTION OF: Proposed L-O Zoning A parcel of land being a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106041249, records of Ada County, Naha, together with. a portion of the Right- Of-Way of North Ten Mile Road, situated in the Southeast quarter of Bastion 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Section comer common to Section 27, 26, 34 and 35 of said Township and Range; thence along the East line of said Section 27 North 00°21'1 b" East, 2472.93 feet to the POINT OF BEGINNING; thence leaving said East line North 89° 38' 44" West 185.00 feet; thence 247.00 feet along a curve to the lest, said curve having a radius of 1000.00 feet, a delta angle of 14° 09' 07", and a long chard bearing South 83° 16' 42" West far a distance of 246.37 feet; thence 577.00 feet along a curve to the right, said curve having a radius of 2350.00 feet, a delta angle of 14° 04' OS", and a long chord beating South 83° 14' 11" West for a distance of 575.55 feet; thence 423.13 feet along a curve to the left, said curve having a radius of 2000.00 feet, a delta angle of } 2° 07' 18", and a long chord bearing South 84° 12' 34" West for a distance of 422.34 feet; thence 250.E feet along a curve to the right, said curve having a radius of 1150.00 feet, a delta angle of 12° 27' 20", and a long chard bearing South 84° 22' 35" West far a distance of 249.51 feet; thence North 89° 23' 4S" West 104.83 feet; thence North 00° 59' 37" East 35292 feet to the north line of said tract; thence along said worth lice South 89° 21' 12" East 1769.59 feet to the East quarter corner of said Bastian; thence South 00° 21' 16" West 17l .46 feet along the East line of said section to the POINT OF BEGINNING; Said parcel containing 10.7 ores more ar less. REVIE P VA6 BY Atlli 19 MHRIOIAM PUBLtC WORKS DEPT. 1904 W.Ove~anci • Boise, ID 83705 • Phone (208) 342-0041 • Fax (208) 342-~42 • Emath quadrantCa~quodront.cc Cirri Engineering • Surveying • Construction Management ~~ ®^ 6~uadrant Consulting, Inc. LEGAL DESCRIPTION OF: Proposed C-C Zoning A parcel of land being a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106099040, records of Ada County, Idaho, together with a portion of a tract of Land as described in Special Warranty Deed, Instrument No. 106099041, records of Ada County, Idaho, tagether with a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106041249, records of Ada County, Idaho, together with a portion of the Rigbt- Of-Way of West McMillan Road and North Ten Mile Road, situated in the Southeast quarter of Section 27, Township 4 North, Range 1 Wear, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Section corner cowman to Section 27, 26, 34 and 35 of said Township and Range; thence along the East line of said Section 27 North ~°21'16" East, 905.74 feet to the POINT OF BEGIIVNING; thence leaving said East line North 89° 38' 46" West 485.15 feet; thence 623.40 feet along a curve to the left, said curve having a radius of 400.00 feet, a delta angle of 89° l7' 46", and a long chord bearing South 45° 42' 22" West far a distance of 562.20 feet; thence South O1 ° 03' 30" West 499.?3 feet to the South line of said Section 27; thence along said South line North 88° Sb' 29" West 128.68 feet; thence leaving said South line North Ol ° 03' 31 "East 196.00 feet; thence 80.00 feet along a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 22° SS' 06", and a long chord bearing North 10° 24' 02" West for a distance of 79.47 feet; thence North 21° Si' 35" West 100.00 feet; thence 140.00 feet along a curve to the right, said curve having a radius of 350.00 feet, a delta angle of 22° SS' 06" and a long chard bearing North 10° 24' 02" West for a distance of 139.07 feet; thence North O1° 03' 31"East 588.00 feet; thence 200.0 feet along a curve to the left, said curve having a radius of 280.00 feet, a delta angle of 40° 55' 32" and a long chord bearing North 19° 24' I S" West for a distance of 195.78 feet; thence South 88° S6' 27" East 836.90 feet; thence 1904 W. Overland • Bode. ID 83TOS • Phone (208} 342-(~91 • Fax (208( 342-0092 • Finail: quadrant@quadrant.cc Civ& trrgine®ring • Surveying • Consinrction Manogement March 24, 2009 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT ITEM NO. 6-F REQUEST Initial Point Gallery Acceptance Agreement: Brian Schreiner -.w.~.~.-..-~.~ 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: fDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Agreement Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: TERMS AND CONDITIONS OF DISPLAY OF ARTW RK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made this ~ay of ~it~-l , 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Brian Schreiner, an individual person whose address is 1055 Wampum Drive, Boise, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on February 9, 2009, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery in or around March 27, 2009 to Apri124, 2009; WHEREAS, at its regular meeting on February 10, 2009, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery in or around March 27, 2009 to Apri124, 2009; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on March 27, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately seventeen (17) pieces of artwork, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on March 27, 2009 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from March 27, 2009 to Apri124, 2009 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Apri124, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT' INrrIAI, POINT GALLERY DISPLAY PAGE I Of 6 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display his artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any artwork on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto as Exhibit C, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and C, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 Of 6 v. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal maybe temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for about one (1) month, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, his servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 Of 6 B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL-POINT GALLERY DISPLAY PAGE 4 Of E> VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that under this Agreement Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and Assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require his artistic talent or expertise. Artist may subcontract or assign obligations that do not require his artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 Of 6 Artist: Brian Schreiner 1 Q55 Wampum Drive Boise, Idaho 83713 {2Q8) 377-2398 cbsohreiner@gmail.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (2Q$) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (2Q8) 898-55Q6 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ~ 4- ~ day of /I,~~~~K , 2009. I ~h I HEREBY CERTIFY tha this 1 day of ~,y~,, 2009, before the andersigned, a Notary Public in the State of Idaho, personally appeared~~~c~ /1 <5c ~, r.~ ~ yro v ,known to me to be the person who executed the said instrument, and acknowledged to me that she 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. _-~ J Public for daho Residing at ;Se ,Idaho t My Commission Expires: oZQ~a CITY OF MERIDIAN: BY: ~~'~~ Tammy d Attest: Jaycee ACCEPTANCE AGREEMENT INrrtAr. PozNT GALt.ERY DISPLAY Mayor Clerk o ~EAY, ,~' ~' .,ter ~ ~ t ts~ • P \~,~ ,,~~~ ~~(INTY • ~~ •~~~~` '~~~~~-rr-ni ntttttt~~~` PAGE d Of 6 Exhibit A Meridian Commission Call for Artists: 2009 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the 2009 Initial Point Gallery Series, a series of two-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space-60 feet on either side of a generous space; featured artists or organizations must be prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 20% of proceeds from works sold due to their display in Initial Point Gallery. ELIGIBILITY: The 2009 Initial Point Gallery Series is to be comprised solely of professional-quality, ready-to-hang, two-dimensional, original art that is conceived and created by artists who live or work in Idaho's Treasure Valley. Artwork on paper and/or with mats must be under glass or acrylic. No piece will be displayed which: cannot be safely hung using the gallery's system; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements; selected artists or organizations will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2009 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application Et Acknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter of intent; • Up to five digital images representational of the artist/organization's work, on a CD; and • $35 gallery maintenance fee. Details and forms are available at the City's website, http://www.meridiancity.org or by a-mail request to macC~meridiancity.org. Materials submitted for consideration cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, February 6, 2009. SELECTION PROCESS: The selection of art for the 2009 Initial Point Gallery Series will be made by MAC. MAC will notify a selected artist or organization that their work has been chosen for display in Initial Point Gallery by letter sent U.S. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork; • Track system for hanging art, using wires that are attached to hooks; • Space for artist information and/or an information board; and • Publicity of the exhibit through local media and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2009 Initial Point Gallery Series 33 East Broadway Meridian ID 83642 By a-mail: macC~meridiancity.org Exhibit 6 Meridian Commission Applic®tion ~t Acknowledgments: 2009 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONJACT INFORMATION: Check one: ,~ am submitting this form as an individual artist. ^ I am submitting this form on behalf of an or anization. Artist/Org. Name: ~~I ~~ `®~ ~ li I-~ l~~i I~ Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: APPLICATION OVERVIEW' Check one: ~J/we propose to fill one half of Initial Point Gallery with artwork. ^ I/we pro ose to fill the entire Initial Point Gallery lwith artwork. al t f Number of pieces: 5®~ Average size of pieces: S ~ '~ ~ T~ ~°L ~~ APPLICATION MATERIALS: ^ Completed, signed Application ft Acknowledgements Form ^ Biography of artist or informational statement regarding organization, no longer than one 8~/z x 11" page; ^ A letter of intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ^ Up to five digital images representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with artist last name or organization name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. Images will not be accepted via a-mail. ^ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. HANGING INFORMATION: Initial Point Gallery is equipped with a track system for hanging exhibits. Artwork displayed in the gallery will be hung from cables using hooks and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. Wires or eyehooks may not be used for hanging, and clip frames are not allowed. Picture H$nging witH 'I~ItB tables Picture Haaglrtg wl~t Grne Caere Artwork for .Proposed Display at Initial Point Gallery at Initial Point Gallery Brian Schreiner 1 • River Images 44" x 56" 3,800.00 watercolor 2. River Sounds, Grimes Creek Idaho 34 x 42 2,000. watercolor 3. Poplars In the Wind 16 x 16 print $40/framed $100 giclee computer art print 4. Trinity Basin, Idaho #2 16 x 20 600 watercolor 5. Doorknob & Wren 52 x 42 2,000 watercolor 6. Winter Game Escape 42 x 53 2,300 mixed media 7. Colorado River, Moab, Utah 34 x 42 1,500 watercolor 8. Our Constitution 18 x 18 600 collage 9. Tricycle Dreams 30 x 24 print $210/framed $500 handmade silksereen fine art print 10. Rainbows 30 x 24 print $210/framed $500 handmade silkscreen fine art print 11. Peace 18 x 16 NFS acrylic 12. An Ideal Place To Be 16 x 20 print $80/flamed $200 giclee computer art print 13. Misplaced Wheels 27 x 34 print $80/framed $350 Offset lithograph art print T 14. Liberty 8 x 8 75 watercolor 15. Dove 8 x 8 75 watercolor 16. Jumpin' Trout 14 x 11 print$40/framed $120 giclee computer art print 17. Red Rose with Flowers 16 x 20 print $80/framed $200 giclee computer art print SCHREINER FINE ART BRIAN SCHREINER Brian Schreiner was born at Sculthorpe Air Force Base, Norfolk, England, U.K. on September 11, 1955. He lived in South Creek near the coast and in Stow-on-the-Wold, a hilltop town in the Cottswolds which was started by the Romans with its two thousand year old buildings and cobblestone streets. In 1965 he moved to Mountain Home, Idaho and grew up in the west with the outdoors and wide-open spaces. Art has appealed to Brian from the earliest times of drawing and painting in school or at home. The desire to work as a professional artist prompted him to work towards a Bachelor of Fine arts and Education degrees along with some architectural design. Schreiner spent the following ten years in Los Angeles, California pursuing creative endeavors. He gained experience in commercial art, toy design, interior design and mural projects and has designed restaurants and painted murals for many interesting clients. Projects include "Executive Decision Maker" coffee cup mug, Rosie's BBQ Grillery Restaurants, a mural around a fish tank in a hospital, working on a motion picture crew "Private School," Lancaster California Museum of Fine Art watercolor show, painting an angel picture onstage for a Life Flight Festival of Trees Auction, and painting a garden hummingbird mural with a picket fence for his wife, Cindy. Brian began exhibiting formally in 1979, and since has had many shows in the western United States and is represented in many private collections. Schreiner began printmaking in 1988. He also enjoys teaching outdoor painting workshops. He thinks that creating art is like attempting alchemy: (a process of transforming various elements into gold). It is possible to make art by combining thoughts, living experiences and art materials in attempting to make good art? Some paintings are created with defmite goals and research to tell a story, some are created to cause a discussion about a given topic, and others are painted simply to capture a scene or design in which the viewer might find their own varied meanings. Schreiner's working process is improving as he,works to become a better artist. Poetic and whimsical in nature, Brian's paintings are often symbols and images of the West representing intriguing landscapes and modern Western Americana Art. Bringing back memories of your tricycle you peddled and dreamed on as a kid, now rusted in the blue sagebrush. Brian Schreiner lives in Boise, Idaho. February 4, 2009 Brian Schreiner 11055 Wampum Drive Boise, Idaho 83713 Meridian Arts Commission 2009 Initial Point Gallery Series 33 East Broadway Meridian, Idaho Dear Initial Point Selection Committee; My intent is to provide an exhibition of my art for the enjoyment of the people of the City of Meridian. As a working artist I intend to present art that is beautiful and thought provoking for the viewers of the art. The pieces that I have chosen for the enclosed CD are an indicative of the professional art that we create at our studio. All artwork meets the guidelines of your art application materials. My vision of the proposed display includes images of Idaho's landscape, old fashioned nostalgic Americana, and art from the heart. In other words, pictures of the way I see the world and what that world means to me. We propose to provide invitations for an opening the timing of which would be mutually agreed upon. Please see my art piece list for the pieces to be included in this exhibition. I want to work with the volunteers and the committee in a positive collaborative way to achieve a:~great successful display. If you have any questions regarding this application I can be contacted at 377-2398. Sin~erely~, ~I/~-/ten/ Brian Schreiner L U ~ ~, ~o J •M~ ~ W Q _• t ~~ ~ Exhibit C ACKNOWLEDGMENTS: I,p-~ ~~ ~aGl-li~'lf~if~,.hereby acknowledge the following stipulations and agree that if my/my organization's art work is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, wrri~tten Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: ~~ A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance ~"~~"`' Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. ~"~~'U If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will ' exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. ~"m Any insurance of the art work displayed in Initial Point Gallery shall be the sole responsibility of the '4L artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While art work displayed in Initial Point Gallery may be passively offered for sale by means of an ~"~~'~ informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for aone- to two-month ~"~~ period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any ~"~~'4L time, at the City's sole discretion. G. Art work submitted for display in Initial Point Gallery must be original works conceived and created ~"~~'u' by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The ~"~~ City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and art work meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge a ~ rst and all of the foregoing stipulations and do agree to these general terms and conditions. Signature:. 1 ~'' _ Print name:~l~~ e ~.aGl-f~ /~~-- Date: ~Al~ill~-)2`'( ~ I, °~®~ To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Meridian ID 83642 Thank you for your interest! March 24, 2009 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT ITEM NO. 6-G REQUEST Human Resources Pro#essional Services Agreement with AMS Training Consulting 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 pISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: 1DAH0 POWER: US WEST, INTERMOUNTAIN GAS: See aftaehsd Agreement MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public mestings shaA become properly of the Ct1y of Meridian. HUMAN RESOURCES PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MERIDIAN AND AMS TRAININGCONSULTING THIS AGREEMENT, effective the 3rd day of March , 2009, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and AMS TRAINING, 2533 N. Robie Ave., Meridian, Idaho 83646. 1. Scope of Services: AMS TRAINING shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" 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 be effective from March 3, 2009 ,and shall expire no later than September 30, 2009 unless earlier terminated or extended. 3. Indemnification and Insurance: AMS TRAINING shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by AMS TRAINING, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. AMS TRAINING will provide services to the CITY and shall be liable for all acts of their employees while upon the premises of the CITY. The CITY will further indemnify AMS TRAINING for any losses, claims, actions, or acts by the CITY, its agents or employees, taken in furtherance or related to the training received from AMS TRAINING. 4. Independent Contractor: In all matters pertaining to this agreement, AMS TRAINING shall be acting as an independent contractor, and neither AMS TRAINING nor any officer, employee or agent of AMS TRAINING will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: AMS TRAINING shall be compensated for Human Resources consulting services pursuant to and specified in attached Exhibit "A." For the purposes of contact for compliance with this Agreement AMS TRAINING may deal exclusively with: AMS TRAINING Personal Services Agreement -page 1 of 5 Human Resources Director City of Meridian 33 E. Broadway Meridian, ID 83642 6. Method of Payment: AMS TRAINING will be paid at the rate as specified in the Scope of Services as referenced in Article 1 above AMS TRAINING shall be responsible to provide an accounting of services provided. AMS TRAINING will be paid within thirty days (30) of providing the City with an invoice. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 AMS TRAINING 2533 N. Robie Ave. Meridian, Idaho 83646. Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 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 parry so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that AMS TRAINING 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. AMS T'F,AINING Personal Services Agreement -page 2 of 5 11. Discrimination Prohibited: In performing the Services required herein, AMS TRAINING shall not discriminate against any person 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 may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of AMS TRAINING's records with respect to all matters covered by this Agreement. AMS TRAINING shall permit the CITY to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement that are property of the CITY. AMS TRAINING does use material prepared and copyrighted for their use in furtherance of this Agreement and contain proprietary information that derives separate individual economic value to AMS TRAINING. Those documents may not be reproduced without the express written consent of AMS TRAINING. Documents that are restricted by this condition must be clearly marked and identified by AMS TRAINING to claim this exclusion. Said proprietary materials shall remain the property of AMS TRAINING and utilization of such proprietary materials by the CITY outside of this Agreement or ongoing beyond the term of this Agreement would require a separate licensing agreement to be entered into by the parties. 15. Compliance with Laws: In performing the scope of services required hereunder, AMS TRAINING shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of AMS TRAINING' S compensation, which are mutually agreed upon by and between the CITY and AMS TRAINING, shall be incorporated in written amendments to this Agreement. 17. Termination: For Cause: If, through any cause, AMS TRAINING, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this AMS TRAINING Personal Services Agreement -page 3 of 5 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, the CITY may immediately terminate this agreement with notice to AMS TRAINING. An accounting pursuant to this agreement can then occur to assure that proper payments or credits are accomplished. Without Cause: If the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to AMS TRAINING of such termination and specifying the effective date thereof at least sixty (60) days before the effective date of such termination. AMS TRAINING may also terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by AMS TRAINING under this Agreement shall, at the option of the CITY, become its property, and AMS TRAINING shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, AMS TRAINING shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by AMS TRAINING, and the CITY may withhold any payments to AMS TRAINING for the purposes of set-off until such time as the exact amount of damages due the CITY from AMS TRAINING is determined. This provision, shall survive the termination of this agreement and shall not relieve AMS TRAINING of its liability to the CITY 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. The parties also understand that AMS TRAINING has existing Agreements with the CITY that are not incorporated under this Agreement. The CITY may contract with AMS TRAINING to perform other functions not included in the Scope of Services of this Agreement. Any such contemporaneous agreements shall also be in writing and substantially similar to this Agreement. AMS TRAINING Personal 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. AMS TRAINING CONSULTING ®% ~~° ~J ~/// °:. \ Q SEAL = ~., '~ o P~ ~> Attest: ''%,, L'OU~ , ~® ~,.~` JAYCEI~JHOLMAN., CITY CLERK Ann Smith CITY OF MERIDIAN BY: TAMMY d ERD, MAYOR AMS TRAINING Personal Services Agreement -page 5 of 5 EXHIBIT "A" Scope of Work The City of Meridian wished to conduct training for administrative staff, public works staff, billing staff, and other City employees to prepare them to respond appropriately to customers after the utility rate increase for water is announced in March of 2009. Services Requested: The services provided by AMS Training, LLC, will include, but will not be limited to the following: o Conduct an electronic pre-assessment of some or all projected course attendees to determine specific issues they would like assistance with when responding to water customers (maximum 5 questions). This assessment would be conducted through the SurveyMonkey.com tool and used to design the customer service course materials. o Design and develop a facilitator guide, participant workbook, and slide show for the course Coping with Challenging Customers. Course will be customized for the specific use with employees who will have contact with city water customers. Course will utilize experiential learning techniques to engage learners and allow them to practice concepts introduced in the class. o Provide all course materials in Microsoft Word format. Course materials will be the property of the City of Meridian and will be able to be customized and utilized for different employee groups for training in the area of customer service. o Work with City representatives to revise documents (up to two document revisions) to meet specific needs. o Facilitate the delivery of two course sessions, each two hours in length, in March 2009. Dates will be determined by both the City of Meridian schedule and AMS Training availability. o Prepare and distribute Level 1 evaluation for course. Roles and Responsibilities of the City of Meridian • Provide information needed to adequately customize the course for your needs, including customer escalation procedures. • Provide AMS Training with a list of email contacts for all potential participants for the purpose of conducting apre-assessment. • Provide timely feedback regarding course materials regarding any revisions you wish to be made. • Provide the training venue (location), copies of course materials, and other training materials (flip chart or white board, LDS projector - if you would like a PowerPoint slide show to support the class, etc.) • Provide timely payment of services (within 45 days of final service). Timeline of Services • AMS Training can begin project on March 3, 2009. • Send electronic survey to attendees on March 4, 2009 with a request that survey be completed by March 6, 2009. • Submit rough draft of materials to the City of Meridian by March 9, 2009. • Submit revised, final draft of materials to the City of Meridian by March 13, 2009. • Conduct two training sessions (two hours in length each) on March 16 and March 23, 2009 from 9:30 am to 11:30 am. Cost: Fee Schedule Description of Work Projected Time Spent Design, send, and process responses for 2 hours course pre-assessment survey in SurveyMonkey. Design and develop course materials for 5 hours Coping with Challenging Customers. Included: facilitator guide, participant guide, slide presentation. Revise materials - up to two revisions Facilitate two course sessions (2 hours in length) 2 hours .5 hour set up each day 2 hour course each day 5 hours total Total Cost **Project deliverables, timelines, and fees are negotiable. Anticipated Hours for this Project: Fee No cost $60 per hour = $300 No cost $100 per hour = $500 $800 Approximately 14 hours March 24, 2009 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT ITEM NO. 6-H REQUEST Change Order No. 1 with Civil Survey Consultants for 2008 Water System Flush Lines for $1,785.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: COMMENTS See attached Change Order 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. CITY F MirRID 33 ST I® IERi®I , IiD 83642 CI~T CT CFI E RCER Change Order No.: ~® _e.~~ ~ Pro)e6t Number. 713 Date: 3/18/2009 Ef~ctive ~~~ 3/1 E/2009 CONTi~ACTOR: Civil Survey Consultants, inc. PROJECT: 2008 VI/a#er system F'iush lines -(Design Tito Contractor is hereby directed to rrtak® the folloving changes from the Contract Documents and Ptarrs. option: 9 } Army Corp joint application 2} IDWR stream alteration permit application 3} 4} 5) Reason for Change Order: Two additional site were found to have damaged rip rap. A 404 ~ 401 permit is required to be able to repair the rip rap. Attachments: Request for change order from Civii Survey CFIANt9E IM C®NT CT PRICE: C GE IN CONTRACT TIMES: Original Contract Price: $37,665.00 Original Contract Completion Date: Original Contract Completion Days: Net changes form previous C.O 's.: Net Days change form prevlaus C.O.°s: No. 0 to ® No. 0 to 0 $0.00 Contract Price Priar to this C.O.: Contract Completion Date before this C.O.: ~37,6s~.oa Ne4 Ina'ease (decrease) of this C.O.: Net Days increase {decrease) of this C.O.: $1,785.®® Contract Price with all Approved C.O.°s: Contract Completion Date with all Approved C.O.'s: X390450.00 REC. ENDED: {CONSTRUCTION MANAGER) ACCEPTED (CONTRACTOR) { ~ P h ~ .- ~~ ~ By: - gy: Date: Date: ~ .~' ";;~ ~" ~" ~. ~ r3"'~. APPROVED: (CITY PU USING ) COUNCIL APPROVAL liy: Keith Watts ^'~ Date: ~ ~r! . t ~ Date: 4 ;, ~ ~ ~, °FF~^`~ APPROVED: G( I ATTEST: ~~ 'one By: Mayor Tammy de W .rd 8y: City Cleric, ycee Hot an ~~ Date: Date: '~ ~~ cienn ~. ~~~, P.L.s. Civil Survey Consultants, Inc. ~S~BSS-a3t2 President 1400 E. Waterto~ver Street Fax 8884)323 Suite 100 'fiarothy A Burgess. P.E. Meridian, Idaho 83642 vice President Roxanne Holland, F.IT City of Meridian 6b0 E. Watertower, Suite 200 Meridian, ID 83642 March 16, 2009 Re: Flush Line Repairs Dear Roxanne: We are requesting a supplement to Task Order No. 0713 for the ZU08 Flush Lines, to cover additional work that was not included in the original scope of services. 1. Work effort to obtain Army Corps of Engineers 404 permit to repair the rip rap at the existing well 24 flush line. 2. Work effort to obtain Army Corps of Engineers 404 permit to repair the rip rap for the existing flush line at the WWTP entrance. 3. Work effort to obtain Idaho Department of Water Resources stream alteration permit to repair the rip rap at the existing wcll 24 flush line. 4. Work effort to obtain ldaho Department of Water Resources stream alteration permit to repair the rip rap for the existing flush line at the WWTP entrance. 5. Work effort to obtain an IDEQ water quality certification for the rip rap repairs at the two above stated sites. Our original contract was for a not to exceed amount of $37,665. We arc requesting an additional amount of $1,785.00 to cover the additional work as outlined above. If you have any questions, or require additional information, please feel free to call me. Sincerely, C1V[L SURVEY CONSULTANTS, INC. ~~- Corey Peacock, P.E. Y ~. ~,y ~ To: Jaycz3e Holman; Tara Green From: Roxanne Holland, E.I.T., Staff Engineer CCU Kyle Radek, P.E., Assistant City Engineer Dotes March 18, 2009 Ro: Proposed Agenda Item for Marcth 24, 2009 City Coundl Meetir~ The Public Works Department respectfully requests the #oltowing item be placed on the March 24 City Couna'I agenda, under Consent Agenda, for Co~Ys consideration: Change Order No. 1 for 2008 Water System Flush Lines (design}. Additional work is requin~cl for the repair of damaged dp rap at Wep 24 and the WWTP flush lines as part of the 2008 Water System Flush Lines (design). Th~ dtange order oor~ists of the folk~ing work and amounts to 4.7°!0 of the orginal contract: • Amry Corp of Engineering 404 permitting process • Idaho Department of Water n3souroes stream alteration permittiMg process • IOEQ water quality oartiflcation process Recommended Council Actlan: The Public Works Department recommends that City Council approves Change Order No. 1 for the 2008 Water' System Flush l.iUtes protect (design) with Civll Survey Consuitarrts, lnc., for 51,785.00 and authorize die Mayor to sign it Thank you for your consideration. Please contact rrie if you have any questions regardirxJ this item. • Page 1 CITY OP MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83842 CONTRACT CHANGE ORDER Change Order No.: 1 Project Number. 713 ~~~ 3/18/2009 Etf~tive Date: 3118!2009 CONTRACTOR: Civil Survey Consultants, inc. PROJECT: 2008 Water System Flush Lines -Design The Contractor is hereby direeted to make the folk-wing changes from the Contract Document and Platta. Deaciptlon: ~) Anny Corp dint applic~tian 2) IDWR stream alteration permit application 3) 4) 5) Reason for Change Order; Two additional site were found to have damaged rip rap. A 404 ~ 401 permit is required to be able to repair fife rip rap. Attachments: Request for change order from Civil Survey GRANGE IN CONTRACT PRIGE: CHANGE IN CONTRACT TIMES: Original Contrail Price: $37,665.00 Original Contteil Completion Date: Original Contrail Completion Days- Net changes form previous C.O.'s.: Net Days change form pravkros C.O.'s: No. Q to ~ No. Q to 0 $0.00 Contrail Price Prime to this C.o.: contrail Completiarr ate t~efore this c.o.: $37,665.00 Net Increase (decrease) of this C.O.: Nat Days Increase (decrease] of this C.O.: $1 785.00 Contract Price with a!1 Approved C.O.'s: Contrail Completion Date with ail Approved C.O.'s: 539,4so.ao RECOMMENDED: {CONSTRUCTIOnnN MANAGER) av:~ ~ ~ ~J! ~ ` ACCEPTED (CONTRACTOR) BI" Date: ' ~ ~ • Date: APPROVED: {CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts ate: Date: APPROVED: (CITY) ATTEST: By: Mayor Tammy de weerd By: City Clerk, Jaycee Holrr~n Data: Date: Glenn K. Bennett. P.LS President Timothy A Burgess. P.E. vice 17csiden[ Roxanne Holland, f:IT City of Meridian 6b0 C. Watertower, Suite 200 Meridian, ID 83642 Re: Flush Line Repairs Dear Roxanne: Civil Survey Consultants, Inc. 1400 E. Waterto~rer Sweet Suite I00 Meridian, ldaha 83642 i20g)888.4312 Eaii 888•x323 March 16, 2009 We are requesting a supplement to Task Order No. 0713 for the Zt}08 Flush Lines, to cover additional work that was not included in the original scope of services. Work effort to obtain Army Corps of Engineers 404 permit to repair the rip rap at the existing well 24 flush line. 2. Work effort to obtain Army Corps of Engineers 404 permit to repair the rip rap for the existing flush line at the WWTP enuance. 3. Work effort to obtain Idaho Department of Water Resources stream alteration permit to repair the rip rap at the existing wc1124 flush line. 4. Work effort to obtain [daho Department of Water Resources stream alteration permit to repair the rip rap for the existing flush line at the WWTP entrance. 5. Work effort to obtain an iDEQ water quality certification for the rip rap repairs at the two above stated situ. Our original contract was for a not to exceed amount of $37,665. We arc requesting an additional amount of $1,785.00 to cover the additional work as outlined above. If you have any questions. or require additional information, please feel free to call me. Sincerely, CIVIL SURVEY CONSC:LTATTS, INC. G~ Corey Peacock, Y.E. March 24, 2009 MERIDIAN GITY COUNCIL MEETING March 24, 2009 APPLICANT ITEM NO. b-~ REQUEST Task Order No. 0772a with JUG Engineers for Downtown Sewer Study and CIP Phase 2 for $29,258.00 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: Sep attached 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 pub(Ic meetings shalt become properly of the CHy of Meridian. CITY OF MERIDIAN TASK ORDER NO 07-72A FOR ENGINEERING SERVICES FOR WATER, WASTEWATER, AND MISCELLANEOUS PUBLIC WORKS PROJECTS DOWNTOWN SEWER STUDY AND CIP -PHASE 2 City Project No. 0772A Engineer Project No. 10.09-012 THIS TASK ORDER, entered into this day of .2009, between City of Meridian, klaho, hereinafter referred to as the °CITY°, J-U-B ENGINEERS. Ina , hereinafter referred to as the ENGINEER, is subject to the provisions of the Agreement for Engineering Service for Water, Wastewater, and Miscellaneous Public Works Projects, approved January 1, 2007, hereinafter referded to as the MASTER AGREEMENT for PROFESSIONAL SERVICES. WITNESSETH: WHEREAS, the CITY intends to comatete Phase 2 of the Downtown Sewer Study, hereinafter referred to as the PROJECT; NOW, THEREFORE, the CITY and J-U-B ENGINEERS. Ina in consideration of their mutual covenants herein agr~ in respect asset forth below. CITY INFORMATION AND RESPONSIBILITIES: The CITY will provide to ENGINEER the data and/or servk:es spedfied in the AGREEMENT. In addition, the CITY will famish to ENGINEER items fisted in Seatlon 1 of A chment °A° SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER: ENGINEER will provide those services da_scribed in Attachment °A" SCHEDULE OF WORK TO BE PERFORMED: ENGINEER wUl perform said services in a timely manner. BASIS OF FEE AND BILLING SCHEDULE: The CITY will pay ENGINEER for its seroic~s and reQrrbursabte expenses as follows: On a time and malt vials basis wBjL estimated budget as shown on Attachment °B°. File Folder Title: f itv of Meridian -Downtown Sewer Study Phan, 2 Remarks: IN WITNESS WHEREOF, the parties hereto have executed the TASK ORDER as ofthe day and year first above written. CITY: City of Meridian, Idaho 33 E. ldaho St. Meridian, ID 63642 ENGINEER: J-U-B Engineers, Inc. 250 S Beachwood Ave, Ste, 201 r ~ Boise, ID 83'~Q9 ~ ~o Name/Title: Phr7lio H Krichbaum P~ T~rolect.Mari~~(iter "9 ATTEST: ~ s!~'0~~~ PFo y '~~ By' ~t p~ ~_ 9 T iSt :/. PURCHASING DEPARTMENT APPROVAL: Approved by City Council: ~'~ r»rrrr n BY: W ,PURCHASING AGENT °°J-U-B EM~tIdEERS, Inc. Agreement to Provide Engineering Services MERIDIAN PUBLIC WORKS DEPARTMENT DOWNTOWN SEINER STUDY -PHASE 2 AttacfrtnenC `A` - PO-Q4-Qt2 Rev .3l t 61 Section 1- Items to be Provided from the City i. Most recent parcel data 2. Downtown Comprehensive plan if updated from O!d Town Dis~ictand CurrentZoning°MapRugust 2007 3. Meeting w/ planning re downtown corridor 4. Available Information for Main Street/Meridian Road couplet roadway improvements corridor 5. Review of system layer 6. Survey information of existing collection system including invert elevations of the collection system. Section 2 -Attachment °A° -Scope of Engineering Services The ENGINEER shall furnish the services specifically limited to the following: 1. Task 1-Future Condition Model Development, Analysi4,, and Phasing Plan 1. Supplemental Survey Information: As specifically requested by the City, complete field survey of manholes rim elevations to supplement the City's on-going record data collection. 2. Existing System a. Combine manhole information -use priority with input from City staff i. JUB survey ii. Cnril Survey survey iii. City depths iv. City GIS v. Supplement rim elevations w/ contours as needed vi. interpolate inverts as needed Note: track source of data b. Move GIS system to new surveyed mh's c. Review flow data and determine infiltration rates from data 3. Parcel Data a. Obtain most recent parcel data from City b. Obtain most recent downtown land use planning information from City. Generalize land use from available MDC and City zoning and develop diurnal curves for the Zoning D'PStrict: i. Old Town ii. Community Business iii. General Retail/Service Commercial iv. Umited Office v. Ught Industrial vi. Residential R 4, R-8, and R-15 c. Meet w/ planners to discuss downtown plan and any tentative/expects projeGs. Jointly develop assumptions on building heights and floor usage. d, Join planned land use service areas and system layers. 4. Review Meridian RoadJMain Street Couplet Corridor System a. Using future land use and updated parcel and system information, a model run will be made to analyze couplet corridor system for critical modifications. City of Meridtmr-Downtown Sewer Study- Phase l p„~ _ 1 J-tt-6 ~ld~df~~~RS, irsc. Atrachrnenr 18' - l0-U9-0f2 Rev 3/ t 6l2tlQ4 b. Meet with the City to review results of the analysis, and pertorm model runs based on input received at the meeting. 5. Future System Model a. Layout conceptual collection system with assumptions to eliminate existing alley sewers in a GIS compatible database format. Meet with City staff to review future collection system layouts and revise based on input reczived. b. Develop future system and model based on: c. Capacity of existing system d. Locality of sewer in ROW e. Condition and age of the system as that information is determined by the City as recommended in Task 3. Model coAection lines to analyze impact of future flows on existing system and size new collection sewers. f. Review encroachment of reserve rapacity on the existing trunk sewers which serve the study area. Flows estimated in the 2005 Sewer Master plan will be used to estimate baseline future flows in the trunk sewers. g. Prepare master planning map, and results maps showing future sizing of collection system, bottlenecks, reserve capaaty, etc. 2. Task 2 - Deliverafble~ 1. Prepare the following draft deliverables for the City's review summarizing work performed, results and recommendations. ~I'nrerables will include: a. Three (3) copies Draft Downtown Sewer Study Technical Memorandum which will include the following elements: Executive summary, existing system, flow monitoring results, future land use summary, modeling summary, future collection system and relief analysis, phasing and ®p'rral improvement plan, and summary recommendations. b. Master Plan Map c. Phasing/Capital Improvement Plan Map 2. The ENGINEER will meet with City staff to review and in~rporate the City's comments in the final deliverables which will include: a. Six (6) copies of the Downtown Sewer Study Report including all exhibits. b. Six (6) copies of the Master Plan and Capital Improvement Plan Maps. c. Electronic copies (pdf) of the report and maps. d. Electronic copies of the model with runs for existing and future conditions. Crty of `A9ertrtiava - Da~vrtfo~vn Sewer Stua!a~ -Phase 2 ~a~e ' 2 ~~ .i3 ~. a i~ R .. ~~ .J- a pl yI a3 {{N~~ OO ~~ G { ~ b ~~ ~~ ~~ Fes, $ :~ ~ ~ d +~ ;fit -~I fix: ! ~ ~ ### ~~ ~~ ~ ~ ~ ~ I ~ ' i I ~~ 1 , ~ . 6R E (~ ~ ~ ~ ~ ~ ~ f ~ f~; deg j !~ ~, v' '~ , ~` ~ ~ t i E n ~ro~~ j ~wf E ~ ~ ~ ~°a: ~ t ~ tk° ' ~ i 3 ~ ~ 1 1 ~ ~' i ~-o. ~' Qf E I ~~ f i ! i m~ ~ x, E E i ~ ~ °R ~ I ;~~ I 4 I I I ~S ~' n i I ~ ~, ~ f i P I E ' ~ I ~ $ 4 V ~ ~ t } f f i ~ ' ^a. t ~ ~ i 4 E i t ~~ a.~ ~f ani ~, ~~ t ~ ! I i+4#t Y~ ~sae~ Ems: tv t„si i:si ~cn, («a~ l 's ~ ° ' ; I I 1 I s _ n I I ~ $ ar, { ~ i 3 ~ baa E $ j ems, ~ >a f __': k t ~'+•.~ . E ! 6Ff i ~fl: 1a ! i~ .#s ~ : 8d' E.,.as i ~ ~ E i € ~ I i I ~ , E I ~ ~ t E ~ ` ~? •^• w ,Q 4 ° j~5 ; Fi iv ~ _ i t ~ 5 ~ i ~ i ~~ ~ } ~ I ~ ~ E ~ I t ~ j~ I ~ f ~ ~ I ( £ ~ E i 4 ~' ~ ~ E 4 i ~ { ( ~ 1 f f; ~ ( I E E ~ I € I 3 II E ~ ~ '`•~ P 3 ~ f E 7y ~ ' ',-` , E I i r ~ i ~ I ~' ~ N ! ~ 4+ ~ gs..w _t i M _ - I ~ t 4 E ~ fhi i t t 7 i 1 !i f ? :. ~ [ ~ .ia ~ _r F 3 s mm f i E ~ ~ _ i ~! - ,,,: ~~~ `~ ' III t~- -~ I~ :'°~ ,.F ~ h ~ ! i ! i ~ ~~ I i ~ E ~ P j 3 I i t ! ~ ', r ~ ~ i > .. .,,d~ ;~... F;,; ~~ ~ 4r From Roxanne Holland, E.I.T., Staff: Engineer CC: Clint Dolsby, P.E., Interim City Engineer Date: March 17, 2009 Re: Proposed Agenda Item for March 24, 2009 Ciiy Councl Meeting The Public Works Department respectfully requests the following items ~ placed on the March 24 C'dy Council agenda, under Consent Agenda, for Council's consideration: Task Order No. 0772a -Downtown Sewer Studv & CIP Phase 2. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for the engineering servioes. They propose to complete the work for $29,258. 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 complete the downtown sewer study including surveying, modeling of the downtown area, and recommendations of upgrades to the exisiting downtown sewer system including phasing of replacements. Recommended Council Action: The Public Works Departm®nt recommends that City Council approves the contract for Task Order No. 0772a with JUB Engineers, Inc. for $29,288 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions reganiing any of these items. • 9~age 1 CITY OF MERIDIAN TASK ORDER NO Q7-72A FOR ENGINEERING SERVICES FOR WATER, WASTEWATER, AND MISCELLANEOUS PUBLIC WORKS PROJECTS DOWNTOWN SEWER STUDY AND CIP -PHASE 2 city Project No. 077 Engineer Projed No.1 1 THIS TASK ORDER, enterer into this day of ,2009, between City of tiAeddfan, Idaho, hereinafter refened to as the °CITY°, J-U-B ENGINEERS. Inc. ,hereinafter referred to as the ENGINEER, is subject to the provisions of the Agreement for Engineering Service for Water, Wastewater, and Miscellaneous Public Works Projects, approved January 1, 2007, hereinafter referred to as the MASTER AGREEMENT for PROFESSIONAL SERVICES. WITNESSETH: WHEREAS, the CITY intends to complete Phase 2 of the Downtown Sewer Studv hereinafter referred to as the PROJECT; NOW, THEREFORE, the CITY and J-U-B ENGINEERS. Ina in cronsideration of their mutual cevenanth herein agree In respect asset forth below. CITY INFORMA'i70N ANO RESPONSIBILITIES: The CITY will provide to ENGINEER the data and/or services specified in the AGREEMENT. In addition, the CITY ranll furnish to ENGINEER (terns listed in Section 1 of Attachment °A°. SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER: ENGINEER will provide those services described in Attachment °A° SCHEDUI..E OF WORK TO BE PERFORMED: ENGINEER Mall perform said services in a timely manner. BASIS OF FEE AND BILLING SCHEDULE: The CITY wiq pay ENGINEER for its services and reimbursable expenses as follows: On a time and materials basis with an estimated budget as shown pn Attachment °B° File Folder Title: City of Meridian -Downtown Sewer Study- Phase 2 Remarks: IN WITNESS WHEREOF, the parties hereto have executed this TASK ORDER as ofthe day and year first above written. CITY: City of Meridian, Idaho ENGINEER J-U-B Engineers, Ina 33 E. Idaho St. 250 S Beachwood Ave, Ste, 201 Meridian, ID 83842 ~ Boise, ID 83 NamelTdle: Tamrrr~de Weerd. Mavor Name/Title: Phillip H Krichbaum P E Proied Manager PUB WORKS APP VAL: ; - , NameJTitie `~~ ~ ---__~~_ ..~..__~ - . __. - ATTEST: ~: NamelT'rtle: -rAy~+ Holman City Clerk PURCHASING DEPARTMENT APPROVAL: BY: KEITH WATTS, PURCHASING AGENT Agreement to Provide Engineering Services MERIDIAN PUBLIC WORKS DEPARTMENT DOWNTOWN SEWER STUDY -PHASE 2 Attachment °A' - 9409-092 Rer 3!96/2 Section i -Items to be Provided from the City 1. Mast recent parcel data 2. Downtaawn Comprehensive plan if updated from O/d Town Dr'strictand Cun~ntZoningnMap August 2007 3. Meeting w/ planning re downtown corridor 4. Available information for Main Street/Meridian Road couplet roadway improvements corridor 5. Review of system layer 6. Surrey information of existing collection system including invert elevations of the co0ection system. Secblon 2 -Attachment °A° -Scope of Engineering Services The ENGINEER shall furnish the services speciflcally limited to the following: 1. Task 1-Future Condition Model Devel men Ana i and Phasing_Plan 1. Supplemental Survey Information: As speclflcally requested by the City, ~mplete field survey of manholes rim elevations to supplement the City's on-going record data cAllection. 2. Existing System a. Combine manhole information -use priority with input from City staff i. JUB survey ii. Cnril Survey survey iii. City depths iv. City GIS v. Supplement rim elevations wJ contours as needed vi. inter late inverts as needed Note: track source of data b. Move GIS system to new surveyed mh's c. Review flow data and determine infiltration rates from data 3. Parcel Data a. Obtain most recent parcel data from City b. Obtain most recent downtown land use planning information from City. Generalize land use from available MDC and City zoning and develop diurnal curves for the Zoning District: i. Old Town ii. Community Business iii. General Retail/Service Commercial iv. Limited Office v. Light Industrial vi. Residential R-4, R-8, and R-15 c. Meet w/ planners to discuss downtown plan and any tentative/exacted projects. 3ointly develop assumptions on building heights and floor usage. d. Join planned land use service areas and system layers. 4. Review Meridian Road/Main Street Couplet Corridor System a. Using future land use and updated parcel and system information, a model run will be made to analyze couplet corridor system for critical modifications. City of Meridtax -~ Downtotim Setiver Study -Phase 1 Page -1 AttachmenC `e8' - tQ-lJ9-Qt1 Rev 3! 86/19 b. Meet with the City to review results of the analysis, and perform model runs based on input received at the meeting. 5. Future System Model a. Layout conceptual collection system with assumptions to eliminate existing alley sewers in a GIS compatible database format. Meet with City staff to review future collection system layouts and revise based on input received. b. Develop future system and model based on: c. Capaaty of existing system d. Locality of sewer in ROW e. Condition and age of the system as that information is determined by the City as recommended in Task 3. Modei collection lines to analyze impact of future flows on existing system and size new collection sewers. f. Review encroachment of reserve capacity on the existing trunk sewers which serve the study area. Flows estimated in the 2005 Sewer Master plan will be used to estimate baseline future flows in the trunk sewers, g. Prepare master planning map, and results maps showing future sizing of rnllection system, bottlenecks, reserve capacity, etc. 2. Task 2 -Deliverables Prepare the following draft deliverables for the City's review summarizing work pertarmed, results and recommendations. Deliverables will include: a. Three (3) copies Draft Downtown Sewer Study Technical Memorandum which will include the following elements: Executive summary, existing system, flow monitoring results, future land use summary, modeling summary, future collection system and relief analysis, phasing and capital improvement plan, and summary recommendations. b. Master Plan Map c. Phasing/Capital Improvement Pian Map 2. The ENGINEER will meet with City sthff to review and incorporate the City's comments in the final deliverables which will include: a. Six (6) copies of the Downtown Sewer Study Report including all exhibits. b. Six (6) copies of the Master Plan and Capital Improvement Plan Maps. c. Electronic copies (pdf) of the report and maps. d. Electronic copies of the model with runs for existing and future conditions. CdPy oJr~feridaon -l3o~vnfosvn Ss~v~r Sdaecty - Pfaase 2 Page - 2 ~~ C W ~ ~If ..Y $+ ®~ cA ~i I~ IY N G V N r0 iV ODD j ~ ;'" - ~ 3 N~ ~ a ~ ~ ~ i c . ~ 3 ~ f € ~ _ _ x~ ~ ~ t 5r'7 ~a ` ~ ~ .,Y fY' Y ~"9~ t ~k } i~[ ~ ~' ~ MTE Ev'e' p ~ ~ ~{ ~` _ t,d ~' ~ ~ ~ 1 ,~ i a ' ? ~ i ~ ~ ~ - ~ ~g° , ~, ~, t ~ ; . ^ '~~ ' ~ 5.2, 3 ~ ~ t5 tC . ~' ,may +c ~§ ~ .s , g ~ €'~ i C ~ ' 1 ro~ ?' ~' A ` ? do f:. ~ ~. j E ~• ~ m ; ~ : ~ ~ B _""i i ~ ~' ~~ ~ ~ ~ ~ d 1 £ 4 ~ ~ ~ ~ } > ~ ~ ~ Vie' } ~~ i ~ ~ ~ ~ ~ ~~ ~ ~ c ~~ ~ ~ ~ ~ 3 $ f ~~ ~ ~ ~ ~ _ m i Mt r 4~~ ~>~ . e ~ e s Y - '~' ~ $$'~ E _ 7 € < ' g _...~ ~ .ate'.>... ~ f i S$ ~ v> [[ x L I ar. ~a....„:.....~. f E ~ ` ~f ¢~ ;. {4.` i 3 < ~~ ' ( ~ ~ $ . + . S~s~ ~ pp ~ g"9 V,~ N ¢ kv ~ ~ ~; k ~" '° ' ~ t P } ~ i i ~ ~ ppp ~ ~ rot.- $ ~ ~ ,iY E ~ -~ t t ~ ' i ~ k V` [ ~ { y n - -_< ~ y I s ~ { ~ ~~ ~ ~ 3 i s ~ ~ 3 t ~ ~ '; ~ e E ~ i 2 " ~ ~~ ~ 3 1 ~ ~ ~ n: r ~ ' ~ ,~ ~ +~.cY . ~. A p F. S : v ?a ~ P' a. ~ ~^ ' ~ ~-. a"4 LAS; 3 I ._ _, ~ i I a ~ ~~ ~ E ~~ March 24, 2009 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT ITEM NO. 6-.I REQUEST Agreement for the Placement of Vending Machines in City Hall with the Idaho Commission for the Blindand Visually Impaired AGENCY COMMENTS CITY CLERK: CITY ENGfNEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See pltached 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 shag become property of the CRy of Meridian. d~etO EmP~O~ent and l~deper~ de I ~~P~ ice,, P. O. BOX 83720 341 W. WASHINGTON ST. BOISE, ID 83720-0012 www.icbvi. state.id.us March 9, 2009 Mr. Ted Baird Meridian City District Attorney 703 N. Main St. Meridian, ID X3642 Dear Mr. Baird, Angela Jones Fhone: (208) 334-3220 Administrator Fax: (208) 334-2963 Boise: (800) 542-8688 Enclosed, please find two copies of our Vending Macl~il ~P Permit Agreement. Please sign both copi~:s and return one copy to me via n~a.il at the Id:~ho Commission for the Blind and Visually Impaired ~.t the address referenced at the top of this letter. 3'he remaining copy is #or your files. Thank you so much for your. support of the Idaho Commission for the Blind's Business Enterprise Pt~ogram. Sincerely ; V~ otJ Lisa Van Ry Business Enterprise Program Supervisor Enc: 2 copies of Vending Machine Agreement STATE OF IDA~IO ~M ISSI®N F®R THE BLIND AN VISiJALLY IMPAIRED Equal Opportunity Employer State of Idaho Meridian City, City Hall Vending Machine Agreement APPLICATION AND PERMIT FOR THE ESTABLISHMENT OF A VENDING FACILITY ON Meridian City PROPERTY AS AUTHORIZED BY THE IDAHO FOOD SERVICES FACILITIES ACT, SECTIONS 67-6901 - 67-6905 IDAHO CODE, SECTION 67-5407 IDAHO CODE, AND IDAPA 15 TITLE 02, CHAPTER 30. The Idaho Commission for the Blind and Visually Impaired (hereinafter the "Commission")requests approval of Meridian City (hereinafter the "Owner") to establish a vending facility on the property located at City Hall, Meridian, Idaho, (hereinafter the "Building"). SATISFACTORY SITE: It has been determined that the Building meets the criteria of a "Public Building" as defined in Section 67-6902(1) Idaho Code and IDAPA 15, TITLE 02, CHAPTER 30 and that the Building meets the criteria of a "satisfactory site" as defined in 34 CFR 395.1(q) and adopted by IDAPA 15.02.30.001. Any exceptions are documented in Attachment A. TYPE. LOCATION AND DETAILS OF FACILITY: Type of facility: Vending Machine; Facility location: Meridian City Hall, 33 E. Broadway, Meridian, Idaho. The types of articles to be sold and services to be offered are enumerated in Attachment B. The fixtures and equipment for this facility, including the responsibility for the provision thereof, are set forth in Attachment C. Hours of operation are set forth in Attachment D. Income Distribution is described in Attachment E. OTHER TERMS AND CONDITIONS: Both parties shall comply with the provisions of the Idaho Food Services Act, Sections 67-6901- 67-6905 Idaho Code and the provisions of 34 CFR § 395.35 as adopted by IDAPA 15.02.30.001. In accordance with Section 67-6903, Idaho Code, no rent will be charged by the Owner for operation of the vending machines covered by this permit. This permit is issued for an indefmite period of time, subject to suspension or termination as described in Attachment F. Both parties shall comply with Title VI of the Civil Rights Act of 1964 and all regulations issued pursuant thereto. Any additional terms and conditions applicable to this location are included in Attachment F. APPROVED: IDAHO COMMISSION FOR THE BLIND AND VISUALLY IMPAIItED CITY OF P By: ~ v ~I Dated: 3 ~ 6 ' d~' By: ' Blind Enterprise Program Supervisor ``\`~~,,,t,,,,,,;~~tle:~ r 4° ~ '~V ~-((~' i '. ~ 8 s SEAL 9~Page -1- `~ ~° C>~ Meridian City, City Hall Idaho Commission for the Blind and Visually Impaired ATTACHMENT "A" THIS LOCATION MEETS THE CRITERIA OF A SATISFACTORY SITE The vending facility currently occupies the main staff break room. However, upon agreement of both parties to this permit, the vending facility may be moved to another suitable area of the building. Page -2- Meridian City, City Hall Idaho Commission for the Blind and Visually Impaired ATTACHMENT "B" TYPE OF ARTICLES PROVIDED: 1. COLD BEVERAGE 2. DRY SNACK 3. Other related vending items if deemed feasible in the future. Page -3- Meridian City, City Hall Idaho Commission for the Blind and Visually Impaired ATTACHMENT "C" EQUIPMENT COLD BEVERAGE MACHINE DRY SNACK MACHINE Providing adequate vending machines and securing an appropriate Blind Vendor to operate the machines is the responsibility of the Commission. OTHER EQUIPMENT Other equipment necessary for the operation of the vending machines is the property of the Commission. EQUIPMENT MAINTENANCE AND REPLACEMENT The Commission and the Blind Vendor are responsible for maintaining the equipment and keeping it in good working order. If the equipment becomes un-repairable, the Commission will replace it. EQUIPMENT PREVENTIVE MAINTENANCE Upon arrival of each piece of equipment, the Blind Vendor or his/her employee(s) will inspect the equipment and ensure that it is in working condition. A service person will be called to repair any equipment that is not in good working condition. After machine stocking and any necessary maintenance are completed, the Blind Vendor will remove any associated trash from the building or to a designated area. The Blind Vendor will keep the vending equipment neat and clean. The machines will be cleaned as required. ELECTRICAL, LIGHTS, PLUMBING The Owner will provide the space, adequate ceiling lighting and all utilities for the safe and efficient operation of the vending machines. The Owner is responsible for periodic and necessary maintenance and cleaning of the floor space, walls and other area around the vending machines. Page -4- Meridian City, City Hall Idaho Commission for the Blind and Visually Impaired ATTACHMENT "D" HOURS OF OPERATION: The vending facility will operate at all hours the Building is occupied. Page -5- Meridian City, City Hall Idaho Commission for the Blind and Visually Impaired ATTACHMENT "E" VENDING FACILITY INCOME The Blind Vendor licensed by the Commission to operate the vending machines at this Building is entitled to the receipt of all income derived from the machines. Page -6- Meridian City, City Hall Idaho Commission for the Blind and Visually Impaired ATTACHMENT "F" ADDITIONAL TERMS AND CONDITIONS: A. Liability and Insurance Each party shall be responsible to each other or to third parties for any injury or damage caused by the negligence or other wrongful conduct of its own employees and agents. The Commission shall be responsible for ensuring that the Blind Vendor obtains any necessary liability, product liability and worker's compensation insurance required by IDAPA 15.02.30.070.04. Upon written request of the Owner, the Commission will provide evidence of proof of insurance by the Blind Vendor. B. Grounds for Termination and Notice 1. In the event the Owner or the Commission decides to no longer offer food or beverages through vending machines at the Building, that party may terminate this Agreement upon thirty (30) days written notice to the other party. 2. Otherwise, either party may terminate this Agreement only for cause. Cause shall be defined as either a material breach of the Agreement by the other party or a substantial and continuing failure of the Blind Vendor to stock and service the vending machines after being notified by the Owner of the failure. 3. Upon cause, the complaining party shall notify the other party in writing specifying the nature of the problem. Unless an emergency exists, after actual receipt of the notice, the party upon which notice is served shall be given one-week to cure the deficiency. If the cause is not cured within one-week, the complaining party may terminate this Agreement upon one (1) additional week's written notice to the other party. C. Commission Obligations at Termination Upon the termination of this Agreement, Commission hereby warrants that it will faithfully and promptly, without holding over, remove all its equipment and other personal property from the Building no later than One Hundred Twenty (120) hours after termination of this Agreement. The Commission, at its expense, shall immediately repair, or make arrangements for the repair of, Page -7- any damage occasioned to the Building by reason of the installation, rearranging and/or removal of said vending machines, inventory and other personal property and upon the expiration of this Agreement, shall leave the Building in a neat and clean condition, free of debris. D. Comuliance with Health Codes T'he Commission will ensure that the vending applicable health, sanitation and building codes. machines are operated in compliance with any Page -8- March 24, 2009 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT ITEM NO. 6-K REQUEST Change Order No, 1 with GH2M Hill for WWTP Filter 1 & 2 Retrofit for $7,x.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: Sae attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CIiY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted; Emailed: Date: Phone: Staff Initials: Materials presented at pubitc meetings shall become ptoperty of the City of Meridian. Charter f3rtier .: y Projt~t Nurts~r. ~~~ Cate: ~~t) Efis~i3v® tote: ~ ~ The Contractor ~ hereby directed to make the toilowing changes from the Contract Documents and Plana Desclptlon: 1 } Pro)ect management 2) Prepare plan and speciRcattons 3} IDEt] submittal Reason far Mtge t7n~r: Addltlon of bulk storage of ferric chloride. Request for change order from CH2MHILL Ori~nal Contract Prime: $147,507.00 Original Canb~act Completion Date: ktel COntrflct et~n D . Net ~nges Conn previous C.O.'s.: Net t)ays change form previous C.O.'s: No. 0_ to Q No, 4 ~ Q $0.00 Caniraat Price Prior to the C.O.: Contract Cornptetion Date before this C.O.: $147,507.00 Net increase (decrease) of this C.O.: Net pays Increase (decrease) of this C.Q.: $7.500.00 Contract Price watt ap Approved C.O.'s: Contrao# Completbn Date with all Approved C.O.'s: Memo To: Jaycee Holman; Tara Green From: Clint Worthington, P.E., Staff Engineer CC: Clint Dolsby, P.E., Interim City Engineer Date: March 19, 2009 Re: Proposed Agenda Item for March 24, 2009 City Council Meeting The Public Works Department respectfully requests the fallowing item be placed on the March 24 Ciiy Council agenda, under Consent Agenda, for Council's consideration: Chanc,~e Order No 1 for WWTP Filter 1 ~ 2 Retrofit and Piping Upgrade Design. Additional work is required for the design of bulk storage for ferric chlonde. This change order consists of the following work and amounts to 5.1 % of the original contracfi • Project Management • Prepare Plans and Specifications • IDEA submittal Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No.1 for the WWTP Filter 1 & 2 Retrofit and Piping Upgrades Design with CH2MHILL, for $7,500.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. ~ Page 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Change Order No.: 1 Project Number. 747 Date: 3!1912009 Effective Oate: 31191200$ CONSULTANT: CH2M HILL PROJECT: 4VWTP Filter 1 ~ 2 Retrofit and Piping Upgrades Design The Contractor is hereby directed to make the following changes from the Contract Documents and Plana. Desclptlon: 1} Project management 2) Prepare plan and specifications 3} IDEA submittal 4) 5) Reason for Change Order: Addition of bulk storage of ferric chloride. Attachments: Request for change order from CH2MHILL CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Orlginal Contract Price: $147,507.00 Original Contract Gompletlon Date: Original Contract Completlon Da Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to 0 No. ¢ to ¢ $0.00 ConVact Price Prior to this C.O.: Contract Completion Date before this C.O.: $147,507.00 Net Increase (decrease) of thls C.O.: Net Days Increase (decrease) of this C.O.: $7,500.00 ConVact Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O's: $155,007.00 RECOMMENDED: {CONSTRUCTION MANAGER) ACCEPTED {CONTRACTOR) By: By: Date: Date: APPROVED: {CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: {CITI~ ATTEST: sy: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: Attachment A Scope of Services Project Understanding Ferric chloride is being used to control struvite in the new digesters and centrate return system. The City would like to use bulk storage instead of the current totes. Construction drawings will be developed from the existing CEPT feed drawings to reduce engineering costs. The project will be constructed as a change order to an existing construction contract. Deliverables will be a change order package and not public bid documents. Scope of Work CH2M HILL will perform the tasks for design of the Ferric Chloride feed facilities as outlined below. Task 1-Project Management Project management includes project scoping, staff management, task coordination, monitoring project progress, preparing invoices, and ensuring project quality control.. Task 2-Design 2.1 Prepare Plans and Specifications Plans will be produced to allow the Contractor to price the work. Equipment specifications will be noted on the drawings. The following is the anticipated list of drawings: • Site Plan/Yard Piping • Section and Details • Structural Notes, and Details • Electrical Schedules & Diagrams 2.2 IDi±Q Submittal Two copies of plans and specifications will be submitted to IDEQ for approval to construct. Attachment B Compensation Leve! of Effort The task level of effort estimate is $7500. CH2M HILL has developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. The bl~? fees will be billed as time and material, and will not exceed the total amount below without prior approval by the City. SchedWe We can proceed without a contract when a letter or e-mail notice to proceed is received. The IDEA submittal can be done in two weeks. March 24, 2009 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT ITEM NO. 6-L REQUEST Change Order No. 3 with ACHD for Main Street /Meridian Road Split Corridor Phase 1 for $1,825.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CfTY 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 beGOme property of the City of Meridian. Change Order Request #3 -Exhibit A 444 Rr Karcher Rd. Nampa, ID 83687 ~~~ ~ ~~ Phone (208) 466-4051 IDPW 12270-AAA-1-2 Fax (208) 466-4071 PxoPOSAL soBivnTrED To: - P e 1 Of 1 PHONE DATE ACRD 387-6283 srxEET February 10, 2009 JOB NAME 3775 Adams Street Meridian S lit Corridor -Phase One CT1Y STATE AND ZR~ CODE TOB LOCATION Garden Ci , ID 83714 Meridian & Main ~ DATE OF PLANS EMAII, JOB PHONE N[JMBER 'bledso chd.ada.id.us The following proposal represents all additional costs that have been incurred by Nampa Paving & Asphalt Co. as a result of the new sewer manhole proposed by Superior Constraction to be set in the intersection of Franklin & Main. This manhole reduces the storm drain conflict as described in the attached letter from Superior. ITEM DESCRIPTION ~ QTIf UNIT UNIT COST TOTAL COST 502.4.1.A.1 Set new manhole at Franklin ~ Main 1 EA 1,825.00 $ 1,825.00 TOTAL OF CHANGE ORDER REQUEST #3 $ 1,826.00 I Payment to be made as follows: l~% upon completion and/or by moatlily gaymeat requests. Progress estimates submitted by the of each month are due by the 1t~ of the following moath. All unpaid balances may acanre iaterest at hi est legal mte u~pn~ salsal does sot guarantee work can be completed as scheduled. Acceptance of ProposeL• Si true: The above prices, speciSoatioas and conditions are satisfactory and are hereb tad. Pa will be made as outlined above. g re wt t_.otrt,c(r~ e A~P~ bY: I Brent Lotridge, Estimator I Date: Meridian Split Corridor Change Order Request Nampa Paving 444 W. Karcher Rd. Nampa, Idaho 83687 Date: 2/10/09 Superior Construction is requesting a change order for installing a new sewer manhole at the intersection of Franklin Rd. 8 Main St. East of the existing manhole instead of connecting to the existing manhole. The reasons are as follows: 1) The existing storm drain pipe shown on both the sewer 8 street plans indicate the pipe ends in the middle of the intersection. Further investigation by ACHD (Dave Longnecker) have revealed that the pipe connects to a drain farther North. The storm drain pipe is RCP and will ~ exposed approximately 201f across the new sewer main thus making the situation extremely dangerous considering the elevations between the two pipes. ACHD has expressed that cutting out the storm drain pipe to lay thru is not in the best interest of anyone. 2) The time restrictions in this busy intersection as well as the opportunities for accessing it are quite limited. A new manhole would be faster ~ eliminate the possibilities of future problems with the storm drain caused by the construction of the new sewer. In conclusion, a new manhole would be the safest, most timely manner 8 cost effective for ACHD in the future. Superior Construction PO Box 455 Meridian, Idaho 83680 Jerry Lee Office: 884-4011 Fax: 884-5060 Cell: 871-7691 Email: jerry@superiorconstruction.cc 444 W. Karcher Rd. Nampa, ID 83687 208.466.4051 P 208.466.4071 F CHANGE ORDER REQUEST PROJECT Meridian Split Corridor -Phase One COR NUMBER: THREE DATE: February 1Q 2009 CONTRACTOR: Nampa Paving & Asphalt Co. THE PROPOSED CONTRACT CHANGES ARE A S FOLLOWS: As defined in attached Eshiubit A The original Contract Sum was The net change by previously authorized Change Orders ~ 3,174,624.03 The Contract Sum prior to this Change Order was $ 3,673.92 The Contract Sum would be increased b this y Change Order ~ 3,178,297.95 in the amount of The new Contract Sum indu this Change Order will be $ 1,875.00 The Contract Time will be increased by 0 Days ~ 3,180,172.95 The date of Substantial Completion as of the date of this Change Order is 27 Jul-09 Nampa Paving Representative (Signature) Its Page 1 of 1 Date Memo To: Jaycee Holman; Tara Green From: John Boyd, Engineering Tech II jboyd@meridiancity.org Meridian Public Works Department 33 E. Broadway, Suite 200 Phone: 898-5500 x 364 Fax: 898-9551 CC: Tom Bany, Clint Dolsby, P.E., Kyle Radek, P.E., Scott Steckline Date: 3/18/2009 Re: Proposed Agenda Item for March 24~' City Council Meeting The Public Works Department respectfully requests the following items be placed on the March 24"', 2009 City Council agenda, under Consent Agenda, for Council's consideration: Change Orders 3, 5 and 7 for the Main Street/Meridian Road -Split Corridor Phase 1 Chance Order No. 3 -Total Price $1 825 00 • There was an unanticipated live Reinforced Concrete Pipe (RCP) Storm Drain within the area of the sewerconnection/tie in point. This would have necessitated the intersection to remain closed longer than scheduled to address a safety problem with the construction. The sewer tie-in point was revised and a manhole was added at the intersection of Franklin and Main Street to enable the contractor to complete that work within the specked closure time. The additional cost is at the contract unit price of $1,825 for a manhole with no General Contractor markup. Chans~e Order No. 5 -Total Price $9 500 00 with $2 550 00 Reimbursed • The following Items were added to the contract at the request of the Meridian Development Corp and will be reimbursed to the City (Total $2,550). o One water service at the contract unit price of $950.00. o One sewer service (30 LF) at a unit price of $30 LF for a total of $900.00. o One sewer service connection at a unit price of $700. • The following item was added for public safety and will be paid by the City of Meridian. o One Fire Hydrant at a total installed price of $6,450. • ACHD General Contractor Markup at $500. • Page 1 Proposed Agenda Item for March 24~' City Council Meeting (Continued) Chance Order No. 7 -Total Price $1404 50 with the total to be reimbursed • The following Item was added to the contract at the request of Mr. Kurt Redlin and will be reimbursed by Redlin Studios (Total $1,404.50). • One sewer service (30 LF) at a unit price of $30 LF for a total of $900.00. • One sewer service connection at a unit price of $390. • ACHD General Contractor Markup at $114.50 Recommended Council Action: The Public Works Department recommends that City Council approve Change Orders No. 3, 5 and 7 for the Main Street/Meridian Road -Split Corridor Phase 1 Project with ACRD, for $12,729.50 with $3,954.50 reimbursed to the City of Meridian for a total combined price to the Ciiy of $8,775.00. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 2 Change Order Request #3 -Exhibit A 444 W. Karcher Rd. Nampa, ID 83687 e~mg As~l~lt ~'p, Fhone (208) 466-4051 IDPW 12270-AAA-1-2 aX ( ) 6-4071 PROPOSAL SUBMITTED TO: PHONE Page 1 of 1 DATE ACRD 387-6283 Februa 10 2009 ~ ~ STREET JOB NAME 3775 Adams Street Meridian S lit Corridor -Phase One CITY STATE AND ZIP CODE JOB LOCATION Garden Ci , ID 83714 Meridian & Main ARCHITECT' DATE OF PLANS EMAIL JOB PHONE NUMBER 'bledsoe achd.ada.id.us The following proposal represents all additional costs that have been incurred by Nampa Paving & Asphalt Co. as a result of the new sewer manhole proposed by Superior Construction to be set in the intersection of Franklin & Main. This manhole reduces the storm drain conflict as described in the attached letter from Superior. ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL COST 502.4.1.A.1 Set new manhole at Franklin & Main 1 EA $ 1,825.00 $ 1,825.00 TOTAL OF CHANGE ORDER REQUEST #3 $ 1,825.00 Payment to be made as follows: 100% upon completion and/or by monthly payment requests. Progress estimates submitted by the 25°i of each month _aze due by the 10 of the following month. All unpaid balances may accrue interest at highest legal rate Thls proposal does not guazantee work can be completed as scheduled. Acceptance of Proposal: Authorized The above prices, specifications and conditions aze satisfacto and aze Si afore: h b d ry gi-ewt ~ot~-~d~ e ere acce to .Payment will be made as outlined above. Accepted by: Brent Lotridge, Estimator Date: Meridian Split Corridor Change Order Request Nampa Paving 444 W. Karcher Rd. Nampa, Idaho 83687 Date: 2/10/09 Superior Construction is requesting a change order for installing a new sewer manhole at the intersection of Franklin Rd. 8 Main St. East of the existing manhole instead of connecting to the existing manhole. The reasons are as follows: 1) The existing storm drain pipe shown on both the sewer 8 street plans indicate the pipe ends in the middle of the intersection. Further investigation by ACHD (Dave Longnecker) have revealed that the pipe connects to a drain farther North. The storm drain pipe is RCP and will be exposed approximately 201f across the new sewer main thus making the situation extremely dangerous considering the elevations between the two pipes. ACHD has expressed that cutting out the storm drain pipe to lay thru is not in the best interest of anyone. 2) The time restrictions in this busy intersection as well as the opportunities for accessing it are quite limited. A new manhole would be faster 8~ eliminate the possibilities of future problems with the storm drain caused by the construction of the new sewer. In conclusion, a new manhole would be the safest, most timely manner ~ cost effective for ACHD in the future. Superior Construction PO Box 455 Meridian, Idaho 83680 Jerry Lee Office: 884-4011 Fax: 884-5060 Cell: 871-7691 Email: jerry@superiorconstruction.cc March 24, 2009 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT ITEM NO. 6-M REQUEST Change Order No. 5 wi#h ACRD for Main Street /Meridian Road Split Corridor Phase 1 for $9,500.00 with $2,550.00 Reimbursed AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See a~Fached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubec meetings shad become property of the City of Meridian. Change Order Request #5 -REVISED 444 W. Karcher Rd. Nampa, ID 83687 Phone (208) 466-4051 IDPW 12270-AAA-1-Z ~ Fax (208) 466-4071 1 of 1 ACRD .""." DATE 387-6283 Mazch 16, 2009 3775 Adams Street JoBNAME Meridian S lit Corridor -Phase One C1TY STATE AND ZIP CODE JOB LOCATION Gazden Ci , ID 83714 Meridian & Main soncm~c~ The following proposal represents aIl additional costs that will be incurred by Nampa Paving & Asphalt Co. as a result of the City of Meridian's RE=ED request for quotation given to Superior Construction. ~~ 0404.4 1 A 1 DESCRIPTION Water Service C i ° QTY UNIT UNIT COST TOTAL COST . . . SP-10 0402.4.1 A.1 0403.4.1.A.1 0501.4.1 Al 0504.4.1.D.1 onnect on -1 Hot Tap Water Main 6° MJxFI Gate Valve Meridian Flre Hydrant Sewer Pipe - 4" SDR35 8"x4" Sewer Service 1 1 1 1 g0 1 ea ~ ~ ea ff ~ $ la50.00 $ 1 ~5D0 ~ $ 950 ~ $ 4,000 00 $ ~ ~ $ 700.00 ~$ g50,~ $ 1.500 ~ $ S~iO ~ $ 4,000 ~ $ ~0 ~ $ 700.E Subtotal S 8,000.00 General Contrat~ markup on first $1000 1 LS $ 100.00 $ 100.00 General Contractor markup on $1001 - $9,000 TOTAL of REVISED COR #5 5 °k $ 400.00 $ 400.00 $ 9,500.00 Be advised: This proposal does not include any allowances for surface repair. At this time, Nampa Paving has not received any drawings to indicate the extent of repairs required. Payment to be made as follows: I ~% upon completion and/or by monthly payment requests. Progress estimates submitted by the 2 of each month are due by the 10~' of the following month. All unpaid balances may aoonue interest at highest legal isle Authonzed does not guarantee work can be completed as sohednled. Acceptance of Proposal: The above prices, speaifioations and conditions arse satisfactory and are Si h a led. Pa will be made as outlined above. grewt Latr~olge ~P=~~: Brent Lotridge, Estimator ~,tP. Change Order Request #5 -REVISED 444 W. Karcher Rd. Nampa, ID 83687 ~ ~~ Gil Phone (208) 466-4051 Fax (208) 466-4071 IDPW 12270-AAA-1-2 pang i ,.f i PROPOSAL SUBMITTED TO: PHONE i ubv i vi 1 DATE ACRD STRE)r r 387-6283 JOB NAME March 16, 2009 3775 Adams Street Meridian Split Corridor - Phase One CITY STATE AND ZIP CODE JOB LOCATION Garden City, ID 83714 Meridian & Main ARCHITECT DATE OF PLANS EMAIL JOB PHONE NUMBER jbledsoe achd.ada.id.us The following proposal represents all additional costs that will be incurred by Nampa Paving & Asphalt Co. as a result of the City of Meridian's REVISED request for quotation given to Superior Construction. ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL COST 0404.4.1.A.1 Water Service Connection - 1" 1 ea $ 950.00 $ 950.00 SP-10 Hot Tap Water Main 1 ea $ 1,500.00 $ 1,500.00 0402.4.1.A.1 6" MJxFL Gate Valve 1 ea $ 950.00 $ 950.00 0403.4.1.A.1 Meridian Fire Hydrant 1 ea $ 4,000.00 $ 4,000.00 0501.4.1.A.1 Sewer Pipe - 4" SDR35 30 If $ 30.00 $ 900.00 0504.4.1.D.1 S"x4" Sewer Service 1 ea $ 700.00 $ 700.00 Subtotal $ 9,000.00 General Contractor markup on first $1000 1 LS $ 100.00 $ 100.00 General Contractor markup on $1001 - $9,000 5 % $ 400.00 $ 400.00 TOTAL of REVISED COR #5 $ 9,500.00 Be advised: This proposal does not include any allowances for surface repair. At this time, Nampa Paving has not received any drawings to indicate the extent of repairs required. L Payment to be made as follows: 100% upon completion and/or by monthly payment requests. Progress estimates submitted by the 25 of each month are due by the 10t° of the following month. All unpaid balances may accrue interest at highest legal rate Thrs proposal does not guarantee work can be completed as scheduled. Acceptance of Proposal: Authorized The above prices, specifications and conditions aze satisfactory and aze Signature: tiPrPr,., P.,r.,.~ nom, o.,....:u we.....a.... ..,:__' - g ~-e wt Lotr~d ~ e °-•-~ •-~~ i~auc m uuuu~cu auVVe. Accepted by: Brent Lotridge, Estimator Date: CHANGE ORDER REQUEST PROJECT Meridian Split Corridor -Phase One CONTRACTOR: Nampa Paving & 1lsphalt Co. 444 W. Karcher Rd. Nampa, ID 83687 208.466.4051 P 208.466.4071 F COR NUMBER: THREE DATE: February 10, 2009 THE PROPOSED CONTRACT CHANGES ARE AS FOLLOWS: r1s defined in attached Exhiubit ~ The original Contract Sum was $ 3,174,624.03 The net change by previously authorized Change Orders $ 3,673.92 The Contract Sum prior to this Change Order was $ 3,178,297.95 The Contract Sum would be increased by this Change Order in the amount of $ 1,875.00 The new Contract Sum including this Change Order will be $ 3,180,172.95 The Contract Time will be increased by 0 Days The date of Substantial Completion as of the date of this Change Order is 27 ]u1-09 Nampa Paving Representative (Signature) Its Date Page 1 of 1 March 24, 2009 MERIDIAN CITY COUNCIL MEETING March 24 2009 APPLICANT ' ITEM NO. 6-N REQUEST Change Order No. 7 with ACRD for Main Street /Meridian Road Split Condor Phase 1 for $1,404.50 with total to be Reimbursed AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See af~ached 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 shalt become property of the Clay eMa n~~- IDPW 12270-AAA-1-2 Change Order Request #7 ~ 444 ~V. Karcher Rd. Nampa, ID 83687 Phone (208) 466-4051 Fax (208) 466-4071 ~~ ~ DESCRIPTION 0501.4.1.A.1 Sewer Pipe - 4° SDR35 c~neral Gantractor C~neral C®ntractor rayment to be made ae follows: l00% upon crn are due by the l00` of the following month. All Tb~ Proposal does not guatant~ work cen be ° Authorized Sienature~ grev-,t Lots~olge sr~t on first $1000 ai $1001- $1290 rorAL of coE QTY UNIT ~ UNIT COST 30 LF $ 30.00 $ 1 EA $ 390.00 $ 1 LS $ 100.00 $ ~ °~ $ 14.50 $ TOTAL COST 900.00 390.00 100.00 14.50 1 ~d/or by mthly payment requests, progress estimates submitted by the 25 of each mono ~Iances may accrue interest at highest least rate t as sohedaled Acceptance of Proposal. The above prig, specifications and conditions are satisfactory and are hereb acxepted, Payment will be made as outlinest ~>,..~e Estimator The following proposal represents aIl additional costs that will be incurred by Nampa Paving & Asphalt Co, as a result of the City of Meridian's request for an additional sewer service at Meridian Road, near Redlin photography. Change Order Request #7 444 W. Karcher Rd. ~~ Nampa, ID 83687 ~~~~ ~$~~t CO. Phone (208) 466-4051 Fax (208) 466-4071 IDPW 12270-AAA-1-2 Paaa 1 of 1 PROPOSAL SUBMITTED TO: PHONE - -a- - DATE ACHD 387-6283 March 18, 2009 STREET JOB NAME 3775 Adams Street Meridian Split Corridor - Phase One CTl'Y STATE AND ZIP CODE JOB LOCATION Garden City, ID 83714 Meridian & Main ARCHITECT DATE OF PLANS EMAII, JOB PHONE NUMBER jbledsoe achd.ada.id.us The following proposal represents all additional costs that will be incurred by Nampa Paving & Asphalt Co. as a result of the City of Meridian's request for an additional sewer service at Meridian Road, near Redlin photography. ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL COST 0501.4.1.A.1 Sewer Pipe - 4" SDR35 30 LF $ 30.00 $ 900.00 Connection 1 EA $ 390.00 $ 390.00 Subtotal $ 1,290.00 General Contractor markup on first $1000 1 LS $ 100.00 $ 100.00 General Contractor markup on $1001- $1290 5 % $ 14.50 $ 14.50 TOTAL of COR #7 $ 1,404.50 Payment to be made as follows: 100% upon completion and/or by monthly payment requests. Progress estimates submitted by the 25 of each month aze due by the 10'~ of the fonowing month. All unpaid balances may accrue interest at highest legal rate This proposal does not guazantee work can be completed as scheduled. Acceptance of Proposal: Authorized The above prices, specifications and conditions are satisfactnrv and are Si afore: hereb acce fed. Pa ent will be made as outlined above. g ~e v~,t Lots-col r~ e Accepted by: Brent Lotridge, Estimator Date: March 24, 2009 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT ITEM NO. 6-O REQUEST Water Easement Agreement for University of Phoenix by PHA /Boise, LLC AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See aitached OTHER: Contacted: Date: Phone: Emaited: Staff Initials: Materials presented at public meetings shad become property of the City of Meridian. ADA COUNTI' RECORDER J. DAViQ NA'BARRO AIdOUNT .00 f BOISE IDAHO Bd121t69 10:46 Ald DEPUTY Randy Jennings RECORDED-REQUEST Of ~II ~~8~~~~~~~~11111~I~~~~~IN~~II III ~eddian Ciiy I ~'~~~~~~~' WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of_ J~_~ , 20~between ~~ ~t~e. LI,G, p,~ ~r~n _ U,.~ ,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 water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water 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, 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 water main at the convenience of the Grantee 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 waxer main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of water mains at the convenience of the Grantee, with the free right of access to such facilities ax 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. Tf IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent connection to the water main, 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. City of meridian, Idaho Water Main Easement 29-09.doc EASMT.WTR 1-29-09 1- 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 biome 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 seiz~l and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. ~~•~~) ss County of ~ ) On this CEO ~ day of 1 e tls~t'C~1 , 2A D°9 . More me, the ed, aNotary Public in and for said State rsonally a ~s ~,.,y_ ~. ~,~u~~ ~ and lrnown or identified to me to be the President and Secretary, res 'vely, of the rporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN ~V~ITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. C A 1/aft Paibul Noqu!- PW~6.-A ~~ City of meridian, Idaho Water Main Easement a9-a~.a~ NOTARY PUBLIC FOR j4~'~ z~~~ „ Residing at• ~6,~ ~ S'ouid,~~ V4Je ~?~ric>nU !~Z Commission Expires: ~~ac.~ I ~tp ~ ~ EASMT.WTR 1-a9-o9 i- ~'~'~o`+.ol STATE OF ) GRANTEE: CITY OF MERIDIAN Tammy de W ayor .~~ t ~ ~'~• Fo ? ~ , - ~+ - Attest by ~'~ycee L. Holman, City Approved By City Council STATE OF IDAHO ) ss County of Ada ) y~ r ts~ ,'~~ ~o ~ this --~_ day of :~ , 20,~, More me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. f J' ~'-e~o NOTARY P ' LIC FOR IDAHO (S~-) Residing at: ~-~--M_,~.~+_.~ Cr, . o~A~_ Commission Expires. - ~{- /Z ~~ ~ s ®® i G~`/ ~ ~ City of meridian, Idaho Water Main Easement EASMT.wTR I-29-i391- 29-09.doc Project No: 08068 Date: February 18, 2009 Page: 1 of 2 °~'-® ENGINEERS EXHIBIT "A" Water Easement -Description Lot 12, Block 1 of Kennedy Commercial Center Subdivision A strip of land being a portion of Lot 12, Block 1 of KENNEDY COMMERCIAL CENTER SUBDIVISION, as filed in Book 101 of Plats at Pages 13409 through 13412, Records of Ada County, Idaho, located in the SE %4 of the SW 1/a of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Southwest corner of said Lot 12; thence, along the southerly line of said Lot 12, A) 5.89°40'S7"E., S7.S3 feet to the POINT OF BEGINNING; thence, leaving said southerly line, 1) N.00°00'11"W., 42.19 feet; thence, 2) N.00°00'02"E., 194.76 feet; thence, 3) 5.89°S9'43"W., SS.77 feet to the westerly line of said Lot 12; thence, along said westerly line, 4) N.00°2S'31"E., 20.00 feet; thence, leaving said westerly line, S} N.89°S9'43"E., SS.62 feet; thence, 6) N.00°00'02"E., 15.68 feet; thence, 7) .N.4S°00'00"E., 44.78 feet; thence, 8) N.90°00'00"E., 160.07 feet; thence, 9) N.00°30' 1 S"W., 10.41 feet; thence, 10) N.89°29'4S"E., 18.34 feet; thence, 11)N.00°00'23"W., 80.78 feet; thence, 12)N.90°00'00"W., 8.37 feet; thence, 13) N.00°00' 17"E., 6.08 feet; thence, 14)N.90°00'00"W., 5.00 feet; thence, H:1080681WP6les\WATER ESM11Ex6A-Water Esmt.d°c 9777 Chinden Boulevard Bois®, ID 83714 Phone (208} 323-2288 Fax (208) 323-2399 infoCg?to-engineers.com to-engineers.com Aviation I Transportation I Land Development I Landscape Architecture I Municipal I Water Resources I Surveying Project No: 08068 Date: February 18, 2009 Page: 2 of 2 15) N.00°00' 17"E., 14.42 feet; thence, 16)N.90°00'00"E., 33.37 feet; thence, 17) 5.00°00'23"E., 131.85 feet; thence, 18)N.90°00'00"W., 190.04 feet; thence, 19) 5.45°00'00"W., 28.21 feet; thence, 20) 5.00°00' 02"W., 212.16 feet; thence, 21) 5.89°59'59"E., 164.89 feet; thence, 22)N.00°00'00"E., 6.59 feet; thence, 23) N.90°00'00"E., 20.00 feet; thence, 24) 5.00°00'00"E., 26.59 feet; thence, 25)N.$9°59'59"W., 184.89 feet; thence, 26) S.00°00' 11"E., 32.30 feet to the southerly line of said Lot 12; thence, along said southerly line, 27) N.89°44'57"W., 20.00 feet to the POINT OF BEGINNING. The above-described strip CONTAINS: 0.404 acres, more or less. H:1080681WPfiles\WATER ESM11ExhA-Water Esmt.doc 2 INTERSTATE 84 EXHIBIT "nB'~~ ane lit 1 , »~ , - WATER EASEMENT A PORTION OF LOT 12. BLOCK 1 OF KENNEDY COMMERCIAL CENTER SUBDMSION LOCATED IN THE SE 1 /4 OF THE SW 1 /4 of SECTION 13 TOWNSHIP 3 NORTH. RANGE 1 WEST. BOISE MERIDUW CITY OF MERIDUW, ADA COUNTY. IDAHO ~. V i m UY O °f 0 a N90'00'00 E 160 0 .. ~ N Y TA'!'~B 1' L13 N ~ L11 L10 20' cOV L4 ~ ~' ~ ~~ UNE TABLE ~. r3 ~ UNE BEARING 1ST ~ L1 NO'00'11'W 42.19' L2 S89'58'43°W 55.T7' L3 NO'25'31 °E 20.00' m L4 N89'59'43°E 55.62' _ ~ L5 NO'00'02°E 15.88' N ~ L6 N45'00'00'°E 44.78' ~- ~ N .o° L7 NO'30'15°W 10.41' g ~ L8 N89'29'45"E 18.34' I b z L9 N90'00'00"W 8.37` N ~ ~ L70 NO'00'17°E 8.08' L11 N90'00'00°W 5.00' ~. L12 NO 00'17°E 14.42' L16 5 88'59 8 16 4. Li ~ ~ 1-ATER 1T ~ ~ N89'59'S8"W 184.89' ~ -~ i i` a'~ M N~ N b~ O ~ z 2a' ~I m of .- ~~ cl n r~ U 0 m ai .- 0 J S89'40 57°E southernr Tine L.4t 12. Block 1 ~ ~ t~ M C r- 57.53 Li 9 - SW Comer "POINT OF BEGINNING' Lot 12. Block 1 LOT 13, BLOCK 1 ~ T` O E IV G I N E E R 5 0 30 60 120 180 9777 ~TDIN BOII~VARD B075E, IDAHO 83714-20®8 PHONE (2081323-2288 FA7~G (2081323-2399 E-~:1~~~wzs-1~a marollc ~: o~/~e/a ~ mss-es-~o Li 3 N80'00'00°E 33.37' Li 4 S45.OO'oo°W 28.21' L15 NO'00'00°E 6.59' L16 N90'00'00°E 20.00' L17 SO'00'00°E 26.59' L18 SO'00'11 "E 32.30' L7 9 N89'40'57°W 20.00' City of Meridian Public Works Dept. Memo To: Mayor De Weerd 8~ City Council From: itarie Gienn CC: File Date: 3/19/2009 Re: Proposed Agenda Items for 3-2409 City Council Meeting The Public Works Departrnent respectfully requests that the following items be placed on the 3-2409 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for University of Phoenix by PHA/Boise LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for University of Phoenix by PHAlBoise LLC and authorize the Mayor to sign and City Cierk to attest. Thank you for your consideration. • Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20 between C~i}A t.itc LLG~ &n Dkrtx^ncti lt..c.. ,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 water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water 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, 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 water main at the convenience of the Grantee over and across the following described property: (SEE ATTACHED EXHIBIT A and B} The easement hereby granted is far the purpose of construction and operation of a water main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of water mains at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. 1T IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent connection to the water main, 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. City of meridian, Idaho Water Main Easement EASMT.WTR 1-29-{}9 1- 29-(?9.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, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. h ~; i On this . ~ ~ day of f jGz"i: ~~ , 2d ~- ~ i ,before me, the undersjgped, a Notary Public in and for said State, ersonail~peazed ~'Qfi,`~ rt ~ .~l~Gt~f-F and known or identified to me to be the President and Secretary, respectively, of the c rporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year f st above written. --~~~~ ~ry~`'~01i NOTARY PUBLIC FOR I~4I-IO J-I.. tc:; x:_. t~sr6eopit ~ Residing at: !~ ti ~ x .i-~•, ; , r a :~ ~ ~ i r .. • ~! ~ ~a aa~a Conunission Expires: :~K ; t.. t - • ~ ~ t: City of meridian, Idaho Water Main Easement EASMT.WTR 1-29-(}9 t- 29-09.doe art' ~oK.o~ STATE of ) ^,~,.,.~~) ss County of Ada ) GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) ss County of Ada ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed Lhe same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO tSF~-) Residing at: Commission Expires: City of meridian, Idaho WatcrMainEasement EASMT.WTR 1-29-091- 29-09.doc Project No: 08068 Date: February 18, 2009 Page: 1 of 2 T-Q ENGINEERS EXHIBIT "A" Water Easement -Description Lat 12, Block 1 of Kennedy Commercial Center Subdivision A strip of land being a portion of Lot 12, Block 1 of KENNEDY COMMERCIAI, CENTER SUBDIVISION, as filed in Book 101 of Plats at Pages 13409 through 13412, Records of Ada County, Idaho, located in the SE'/4 of the SW 1a of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Southwest corner of said Lot 12; thence, along the southerly line of said Lot 12, A} S.89°40'57"E., 57.53 feet to the POINT OF BEGINNING; thence, leaving said southerly line, l) N.00°00' 11 "W., 42.19 feet; thence, 2) N.00°00'02"E., 194.76 feet; thence, 3) 5.89°59'43"W., 55.77 feet to the westerly line of said Lot 12; thence, along said westerly line, 4) N.00°25'31"E., 20.00 feet; thence, leaving said westerly line, 5) N.89°59'43"E., 55.62 feet; thence, 6} N.00°00'02"E., 15.68 feet; thence, 7) N.45°00'00"E., 44.78 feet; thence, $} N.90°00'00"E., 160.07 feet; thence, 9) N.00°30' 15"W., 10.41 feet; thence, 10) N.89°29'45"E., 18.34 feet; thence, 11}N.00°00'23"W., 80.78 feet; thence, 12) N.90°00'00"W., 8.37 feet; thence, 13} N.00°00' 17"E., 6.08 feet; thence, 14)N.90°00'00"W., 5.00 feet; thence, H:1080bRIWPt'ilesiWATER ESMT1ExhA-Water Esmt.doc 9777 Chinc~e:n QciulNVrrr;f Raise. IrJ 8371q Phcnu~ 520?} :3?3-2288 Fex (?Uf3F .4>3-2399 infcxa'tc~ ixrclineers rcrn~ to-erx~ineers.corn Aviation ! Transportation I Land bevelopment I Landscape Architecture I Municipal I Water Resources 1 Surveying Project No: 08068 Date: February 18, 2009 Page: 2 of 2 15) N.00°00' 17"E., 14.42 feet; thence, 16)N.90°00'00"E., 33.37 feet; thence, 17} 5.00°00'23"E., 131.85 feet; thence, 18) N.90°00'00"W., 190.04 feet; thence, 19) 5.45°00'00"W., 28.21 feet; thence, 20} 5.00°00'02"W., 212.16 feet; thence, 2I) 5.89°59'59"E., 164.89 feet; thence, 22)N.00°00'00"E., 6.59 feet; thence, 23)N.90°00'00"E., 20.00 feet; thence, 24) 5.00°00'0(}"E., 26.59 feet; thence, 25} N.89°59' S9"W., 1$4.89 feet; thence, 26} 5.00°00' 11 "E., 32.30 feet to the southerly line of said Lot 12; thence, along said southerly line, 27} N.89°40'57"W., 20.00 feet to the POINT OF BEGINNING. The above-described strip CONTAINS: 0.404 acres, more or less. H:\08068\WPfiles\WATER CSM'IlhxhA-Water Fsmt.doc 2 INTERSTATE 84 EXHIBIT "nB~erly ~Ine CATER 1 EASEMENT A PORTION OF LOT 12. BLOCK 1 OF KENNEDY COMMERCUIL CENTER SUBDMSiON LOCATED IN THE SE 1/4 OF THE SW 1/4 of SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO ~. Z i Y a off.. ro N .~ Y O J m ai O J ~ L4 ~ 20' ~ ~ L2 t0 N ~ _ n N ~ ~ ~ N O ~ a _ O N Y O ~ I Z ^ ~+ ~ = 20' L13 N90'00'00"E 33.37' L14 S45'00'00"W 28.21' L15 NO'00'00"E 6.59' L16 N90'00'00"E 20.00' L17 SO'00'00"E 26.59' L78 SO'00'il"E 32.30' L79 N89'40'S7"W 20.00' IVJV uV Vu t 160.07 N ws~ sss>~rir EASEMENT LINE TABLE UNE BEARING ISTANC L1 NO'00'11 "W 42.19' L2 S89'S9'43"W 55.77' L3 NO'25'31 "E 20.00' L4 N89'59'43"E 55.62' L5 N~00'02'E 15.68' L6 N45'04'00"E 44.78' L7 NO'30'15"W 10.41' L8 N89'29'45"E 18.34' L9 N90'00'00"W 8.37' L70 NO'00'17"E 6.08' L11 N90'00`00"W 5.00' L7 2 NO'00' 17"E 14.42' .8 S89' 9 59 E 164.89 3 N lIATBR BA.4,BI~A1T J ~ N89'S9'S9"W 184.89' , " J L15 .._ L16 N h P S89 40 57 E southerly line Lot 12, Bioek 1 ! - rl, 1~fCr- 57.53' L19 ~-J SW Corner "POINT OF BEGINNING' Lot 12, Block 1 LOT 13, BLOCK 1 ~ T- O E I'V G I N E E R S 0 30 60 120 180 9777 CHINI}EN 80ULEVARD Bors~, rnAxo s3714-coos PHONE: 12.08) 323-22A8 TAX: 12081 323-2399 E-flLE H:\UBQ68\V-KB-WAtER ESYT.OW6 DATE: Q2/18j09 JOB: Q~68-85-2UQ L13 ~~L11 Li0 20' L9 ^ 0 ~ I ao ~ N I O N .id b - °o z LB N 20' a N •-- x m M r O U J m N I 0 J o~ N90'00'00"1Af 190.04' WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20~,_between ~'~~ Q ~ ~>i•,c i~t,c: ,~ ~~; - Lt-c, ,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 water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water 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, 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 water main at the convenience of the Grantee over and across the following described property: {SEE ATTACHED EXHIBIT A and S) The easement hereby granted is for the purpose of construction and operation of a water main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of water mains at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. TT iS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent connection to the water main, 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. City of meridian, Idaho Water Main Easement EASMT.WTR 1-29-09 1- 29-09.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 bereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever, IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. On this 'z ~ ~ ~ day of ~ `' ~ :~ = :: • , 20 ~~ ` ~ , before me, the undersj ed, a Notary Public in and for said State, ersonally~peared ~~, firi •~ ~. ~ ~>~tav L' and + known ar identified to me to be the President and Secretary, respectively, of the rporation that executed the within instrument, and acknowledged to me that such corporation executed the same. 1N W ITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. G. A. V~ FaRarl ~~ ~+a' Eames ,I~NH1y 16, aII10 , Gity of meridian, Idaho Water Main Easement 29-o9.doc ff :_~ 1 ,; ii ~~`~~ NOTARY PUBLIC FOR 1D~I0 / -! • - 4c.. -<: Residing at: ~' ,.rr, _ ~r ~. Commission Expires: ~_ ,~,<, _ ; c: ~ .~, ; EASMT.WTR 1-29-09 1- STATE OF } Msr•,•co~) ss County of Apia ) GRANTEE: CITY OF MERIDIAN t,,, ~ ~, ~„~ r,,,,r~ Tammy de We d ayor ~~ ~'~~TFo SEAL - ,~ Attest b cee L. Holman, Cit Clerk% ~ "' y y % 9~ r YS't ~, 5~,~ ~~~ ,,,,,, ~o ~ ,,,. Approved By City Council On: l1 ~L1~;1 C~~~~~r~- ^ 1T"`~.'~~~~~t STATE OF IDAHO ) ss County of Ada ) On this ~ day of , 20,x_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PU~LIC FOR IDAHO (SEAL) Residing at: ~' -:~ 1-~•..,Cn . ~c~~.v, Commission Expires. ~f :z~l- ~Z ~sr~.~~ r~~Q~~~~~l~~i • ~ i r ~~ • ~ ~ ~ ~ i i i ~ A ~ ~ ~ ~ ~ ~ ~ y ~ ~ • 1 I ~ ~ e~ ~ i ~ • C • V ~ S `• , City of meridian, Idaho Water Main Easement EASMT.WTR 1-29-Q9 1- 29~09.doc T-O ENGINEER51 Project No: 08068 Date: February 18, 2009 Page: 1 of 2 EXHIBIT "A" Water Easement -Description Lot 12, Block 1 of Kennedy Commercial Center Subdivision A strip of land being a portion of Lot 12, Block 1 of KENNEDY COMMERCIAL CENTER SUBDIVISION, as filed in Book 101 of Plats at Pages 13409 through 13412, Records of Ada County, Idaho, located in the SE'/4 of the SW'/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Southwest corner of said Lot 12; thence, slang the southerly line of said Lot 12, A) 5.89°40'57"E., 57.53 feet to the POINT OF BEGINNING; thence, leaving said southerly line, I) N.00°00' 11 "W., 42.19 feet; thence, 2) N.00°00'02"E., 194.76 feet; thence, 3) 5.89°S9'43"W., 55.77 feet to the westerly line of said Lot 12; thence, along said westerly line, 4} N.00°25'31"E., 20.00 feet; thence, leaving said westerly line, 5) N.89°59'43"E., 55.62 feet; thence, 6) N.00°00'02"E., 15.68 feet; thence, 7) N.45°00'00"E., 44.78 feet; thence, 8) N.90°00'00"E., 160.07 feet; thence, 9) N.00°30' I5"W., 10.41 feet; thence, 10}N.89°29'45"E., 18.34 feet; thence, 11}N.00°00'23"W., 80.78 feet; thence, 12)N.90°00'00"W., 8.37 feet; thence, 13} N.00°00' 17"E., 6.08 feet; thence, I4) N.90°00'00"W., 5.00 feet; thence, H:108(!68\WPtiles\WATER ESMT1ExhA-Water Esmt.doc 9777 (.Inn<tr:n F:ve.rlc,vtrre.l Boise, ID 83714 Phone (2U8) 87.3=:2t3Fi ITerx (2081 37_3-239tJ inft~@to-engineers corn tb~nc,3inc.~rrs.acxn Aviation I Transportation I Land Development I Landscape Architecture I Municipal I Water Resources I Surveying Project No: 08068 Date: l~ebruary 18, 2009 Page: 2 of 2 15} N.00°00' 17"E., 14.42 feet; thence, 16)N.90°00'00"E., 33.37 feet; thence, 17) 5.00°00'23"E., 131.85 feet; thence, 18) N.90°00'00"W., 190.04 feet; thence, l9) 5.45°00'00"W., 28.21 feet; thence, 20) 5.00°00'02"W., 212.16 feet; thence, 21) 5.89°59'S9"E., 164.89 feet; thence, 22} N.00°00'00"E., 6.59 feet; thence, 23) N.90°00'00"E., 20.00 feet; thence, 24) 5.00°00'00"E., 26.59 feet; thence, 25}N.89°59'59"W., 184.89 feet; thence, 26} 5.00°00' 11 "E., 32.30 feet to the southerly line of said I.ot 12; thence, along said southerly line, 27}N.89°40'57"W., 20.00 feet to the POINT QF BEGINNING. The above-described strip CONTAINS: 0.404 acres, more or less. 1 [;1080681W('files~WATER FSMI\hxhA-Water Esmt.dc~c 2 INTERSTATE 84 ~~nor~arly Ilna Lot 12. Block 1 EXHIBIT B - ~V'ATER EASEMENT A PORTION OF LOT 12, BLOCK 1 OF KENNEDY COMMERCIAL CENTER SUBDMSION LOCATED IN THE SE 1 /4 OF THE SW 1 /4 of SECTION 13 TOWNSHIP 3 NORTH. RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN. ADA COUNTY. IDAHO Y U O O] ai 0 J ~~ L4 "~ ~' 20' J N L2 co c V ~ _ N .- N 0 w g O Y ~ ~ g I '~ N .. ~ ~s a 2a• L13 N90'00'00°E 33.37' L14 545'00'00"W 28.21' L15 NO'00'00'E 6.59' L16 N9ff00'00"E 20.00' L17 SO'00'00"E 26.59' L18 SO'00'11 "E 32.30' L19 N89'40'S7'W 20,00' N90'00'00"E 160.07' N AAT~ L13 N ~ L11 L10--°' 20' ~ ~ ~ o aD- ~ M_ ~ W N pg jr~ I Q ~.+ N ~ L8 2 5 ~, ~ O N r U 0 m 17 ~ Jo ~ m ~- I N90'00'00'W 19a.o4' EASEMENT LINE TABLE LINE BEARING ISTANC L1 NO'00'11 °W 42.19' L2 S69'S9'43"W 55.77' L3 NO'25'31 "E 20.00' L4 N89'59'43"E 55.62' L5 NO'00'02°E 15.68' L6 N45'00'00"E 44.78' L7 NO'30'15"W 10.41' L8 N89'29'45'E 18.34' L9 N90'00'00"W 8.37' L10 N~00'17"E fi.08' L71 N90'00'00"W 5.00' L12 NO'00'17'E 14.42' 589'59 59 164.89 ~ N 1lA~ J ~ N89'S9'59'W 184.89' , " J CI L1 L16 I `~~*4 LA NO S ~~S`° ~~GI STERN Gay n 73 ~ 6 ~ ~'f'Fy ~ ~~pti~ N S89 40 57 E southerly Rna Lot 12. Block 1 57.53 L1 g SW Corner "POINT OF BEGINNENG' Lot 12. Block 1 LOT 13, BLOCK 1 0 30 60 120 190 TAO ENGINEERS 9777 CHINDEN BOULEVARD BOI5E, IDAHO 83714-2008 p1~ONE: X2081323-2288 FAX: {208) 323-2399 E-FSF: ~:~oease~v-xe-wnhx Esurowc aa1F: az/~e/os ~e: oaase-e~-soo March 24, 2009 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT ITEM NO. 6-P REQUEST Real Estate Purchase Agreement for Liff Station Lot at Whitestone Estates Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Agreement 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: Ma#®rials presented at publk meetings shop become properly of fhe City of Meridian. AOA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ' BOISE IDAHO 04109109 03:07 PM DEPUTY ICcld Allen III IIII~I~III~IIIlIiII~III~IIIIII ~ fII RECOROEO-REQUEST OF Mer(dian Clty i k19O4E1~76 REAL ESTATE PURCHASE AND SALE AGREEMENT r- This Agreement is made effective as of the day of ~OUrC~2OO9, between The City of Meridian ("Buyer"), and the Whitestone Homeowners Association, Inc. ("Seller"). The parties agree as follows: 1. Purchase and Sale of Property. 1.1 Property. Subject to the terms and conditions of this Agreement, the Seller shall sell to the Buyer and the Buyer shall receive from the Seller the following real property and other assets (the "Property"): 1.1.1 Real Property. The real property described as Lot 21, Block 1 of the Whitestone Estates Subdivision, together with all buildings, fixtures (including but not limited to the sanitary sewer lift station and associated improvements) and other improvements located on such real property (the "Real Property"). 1.1.2 Tangible Personal Property. All tangible personal property located on or used exclusively in connection with the operation or maintenance of the Real Property ("Tangible Personal Properly"), including, without limitation, all trade fixtures, equipment, supplies and tools. 1.2 Purchase Consideration. Seller agrees to convey the Real Property to Buyer without the exchange of monetary consideration. The consideration for this transaction consists of Buyer's agreement to assume responsibility for the operation and maintenance of the sanitary sewer lift station located on the Real Property in exchange for Seller's conveyance of title to the Real Property. and Seller's agreement to maintain the landscaping on the Real Property in perpetuity as set forth in the Memorandum of Understanding executed by the parties on September 11, 2008, Ada County instrument number 108108424. 1.3 Conveyance of Title. Title to the Real Property shall be conveyed by a Warranty Deed. Title to the Real Property shall be marketable and insurable and shall be free and clear of all liens, encumbrances, and restrictions, exclusive of (i) real property taxes for the current year which are not due and payable on or before Closing, and (ii) liens, encumbrances, and conditions accepted in writing by the Buyer on or before Closing. PURCHASE AND SALE AGREEMENT - 1 1.4 Title Insurance. 1.4.1 Commitment. Upon the acceptance of this Agreement by the Seller, the Buyer, at Buyer's own expense, may order a Commitment for Title Insurance ("Commitment") issued by First American Title Company ("Title Company"), covering the Real Property. 1.4.2 Unapproved Exceptions. If ariy exceptions shown on the Commitment are not approved in writing by the Buyer prior to Closing and cannot be removed by the Seller by Closing, then the Buyer shall have the right to terminate this Agreement, in which event all earnest money deposited shall be refunded to the Buyer and each party shall be fully released and discharged from any further obligations under this Agreement. 1.4.3 Policy. At Closing or soon thereafter, Buyer may purchase an ALTA Owner's Policy title insurance policy (current revision) ("Policy") satisfying the following specifications: The Policy shall insure the Buyer as the owner of the Real Property, subject only to the following special exceptions: (i) real property taxes for the current year which are not due and payable on or before Closing, and (ii) liens, encumbrances, and conditions accepted in writing by the Buyer on or before Closing. 2. Representations, Warranties, and Covenants of the Seller. The Seller represents and warrants to, and covenants with, the Buyer as follows: 2.1 Authority of the Seller. The execution, delivery, and consummation of this Agreement by the Seller has been duly approved in accordance with applicable law and any documents or instruments governing the Seller. 2.2 Property Ownership. The Seller owns and possesses all right, title, and interest in and to the Property free and clear of all covenants, conditions, easements, liens, and encumbrances. 2.3 Material Misstatement or Omissions. No representation or warranty made by the Seller in this Agreement or in any document or agreement furnished in connection with this Agreement contains or will contain any untrue statement of material fact, or omits or will omit to state a material fact necessary to make the statements not misleading. 2.4 No Default. The Seller is not in default under the terms of any contract, agreement, lease or license, and no condition or event has occurred which, after notice, the passage of time, or otherwise, would constitute a default under or breach of any such terms. The Seller is not aware of any condition that will result in a default under any such terms. 2.5 Compliance with Laws. The Seller has complied in all material respects with all laws, regulations, and orders affecting the Property and the operation of the sanitary sewer lift station and is not in default under or in violation of any provision of any federal, state, local or provincial order, rule, regulation or law. PURCHASE AND SALE AGREEMENT - 2 2.6 No Litigation. There is no equitable, legal, or administrative suit, action, arbitration, or other proceedings pending or threatened against or affecting the Seller or the Property. 2.7 Broker Fees. Except as disclosed in writing to the Buyer prior to Closing, the Seller is not obligated to pay any fee or commission to any broker, finder, or intermediary for or on account of the transaction contemplated by this Agreement. 3. Hazardous Substances. 3.1 Definitions. The terms "hazardous substance," "release," and "removal" shall have the definition and meaning as set forth. in Title 42 U.S.C. 9601 (or the corresponding provision of any future law); provided, however that the term "hazardous substance" shall include "hazardous waste" as defined in Title 42 U.S.C. 6903 (or the corresponding provision of any future law) and "petroleum" as defined in Title 42 U.S.C. 6991 (or the corresponding provision of any future law). The term "superfund" shall mean the Comprehensive Environmental Response, Compensation and Liability Act, Title 42 U.S.C. 9601, et seq. (or the corresponding provision of any future law) and any similar statute, ordinance, rule or regulation of any state or local legislature, agency or body. The term "underground storage tank" shall have the definition and meaning as set forth in Title 42 U.S.C. 6991 (or the corresponding provision of any future law). 3.2 Representations and Warranties. The Seller represents and warrants to, and covenants with, the Buyer that: 3.2.1 the Real Property is not contaminated with any hazardous substance, 3.2.2 the Seller has not caused and will not cause the release of any hazardous substances on the Real Property, 3.2.3 the Seller has conducted a diligent investigation and inquiry, and to the best of the Seller's knowledge, there has never occurred a release of hazardous substances on the Real Property, 3.2.4 the Real Property is not subject to any pending, threatened, or likely federal, state, or local "superfund" lien, proceedings, claim, liability, or action for the cleanup, removal, or remediation of any hazardous substance from the Real Property, 3.2.5 no other real property owned or controlled by the Seller or in which the Seller has any legal, equitable, or other interest is subject to any pending, threatened, or likely federal, state, or local "superfund" lien, proceedings, claim, liability, or action for the cleanup, removal, or remediation of any hazardous substance from such property, 3.2.6 there is no asbestos on the Real Property, PURCHASE AND SALE AGREEMENT - 3 3.2.7 there is no underground storage tank on the Real Property, 3.2.8 by acquiring the Real Property, the Buyer will not incur or be subject to any "superfund" liability for the cleanup, removal, or remediation of any hazardous substance from the Real Property, 3.2.9 by acquiring the Real Property, the Buyer will not incur or be subject to any liability, cost, or expense for the removal of any asbestos or underground storage tank from the Real Property, and 3.2.10 the Real Property and the uses conducted on the Real Property are in compliance with all applicable environmental laws, codes, and regulations, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. 4. Conditions Precedent to Closing. 4.1 Representations and Warranties True. The representations and warranties of the Seller are true, complete, and accurate as of the date of this Agreement and as of the date of Closing as if made as of such date. 4.2 Covenants Performed. The Seller has performed all obligations, covenants and agreements to be performed prior to Closing as set forth in this Agreement. 4.3 Title Policy. The Title Company is prepared to issue a policy in accordance with the provisions of Section 1.7. 5. General Provisions. 5.1 Indemnifications and Offsets. Seller agrees to defend, indemnify, and hold Buyer harmless from any and all damages, liabilities, or expense sustained directly or indirectly by Buyer (including, without limitation, attorney fees and costs) resulting from the breach of, or misstatement in, any representation, warranty, or covenant of the Seller, including without limitation, the representations, warranties and covenants set forth in Section 3 relating to hazardous substances. The Seller's obligation to indemnify, defend, and hold the Buyer harmless is not limited in any manner by the cash or other consideration received by the Seller under this Agreement. 5.2 Notices. All notices, claims, requests and other communications ("Notices") under this Agreement (i) shall be in writing, and (ii) shall be addressed or delivered to the relevant address set forth in Section 6 below or at such other address as shall be given in writing by a party to the other. Notices complying with the provisions of this Section shall be deemed to have been delivered (i) upon the date of delivery if delivered in person, or (ii) on the date of the postmark on the return receipt if deposited in the United States Mail, with postage prepaid for certified or registered mail, return receipt requested. PURCHASE AND SALE AGREEMENT - 4 5.3 Attorney Fees and Costs. The Parties agree that if a party is in default under this Agreement, then such party shall pay to the other party (a) reasonable attorney fees and other costs and expenses incurred by the other party after default and referral to an attorney, (b) reasonable attorney fees and other costs and expenses incurred by the other party in any settlement negotiations, and (c) reasonable attorney fees and other costs and expenses incurred by the other party in preparing for and prosecuting any suit or action ("Collection Costs"). Collection Costs shall be immediately due and payable. 5.4 Governing Law, Jurisdiction, and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 5.5 Time of the Essence. Time is of the essence with respect to the obligations to be performed under this Agreement. 5.6 Rights Cumulative. Except as expressly provided in this Agreement, and to the extent permitted by law, any remedies described in this Agreement are cumulative and not alternative to any other remedies available at law or in equity. 5.7 Nonwaiver of Remedies. The failure or neglect of a parry to enforce any remedy available by reason of the failure of the other party to observe or perform a term or condition set forth in this Agreement shall not constitute a waiver of such term or condition. A waiver by a party (i) shall not affect any term or condition other than the one specified in such waiver, and (ii) shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. 5.8 Successors and Assigns. Subject to any express provisions in this Agreement regarding restrictions on transfers or assignments, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, and personal representatives. 5.9 Entire Agreement. All Schedules and Exhibits to this Agreement constitute a part of this Agreement. This Agreement, together with the accompanying Schedules and Exhibits, constitutes the entire agreement among the parties and supersedes all prior memoranda, correspondence, conversations and negotiations. 5.10 Severability. The invalidity of any portion of this Agreement, as determined by a court of competent jurisdiction, shall not affect the validity of any other portion of this Agreement. 5.11 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instruments. PURCHASE AND SALE AGREEMENT - 5 5.12 Survival of Representations, Warranties, and Covenants. All representations, warranties, and covenants of the Seller set forth in this Agreement shall survive the Closing and shall survive the recording of the Warranty Deed. 6. Signatures. Dated: ~ _, 20 ~ / BUYER, CITY OF MERIDIAN ATTEST: Jaycee UlHolman, City Clerk ~~f~z~~ Mayor Tamm eerd 33 East Broadway, Meridian ID 83642 `\`\~Itt1111111111r~~~~/' .. 2tc,~° rFa ; ~' '~~~~ 4 '~, y Q. ~` ,,~~~ ~ov~ k va~,,.,~. Dated: ~q~' ~ ~ ~ `~ ~ , 20 SELLER, WHITESTONE HOA, INC ~~ Albert Siron, President P.O. Box 1090, Meridian ID 83680 PURCHASE AND SALE AGREEMENT - 6 STATE OF IDAHO ) ss County of Ada ) On this o~'J~ day of ~Q~(~, 2009, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written. s•®ae®~ ~' ~~®®. (SEAL) ® ~ T~'~'„t:~`~; . • ® +~ s e ~ . 7•~ ,'BLS, ~.~~~ Notary Public ~or Idaho Residing at: (~ ~ 1,U~~,(, ~~ Commission expires: I U-1 I ~~ I STATE OF IDAHO ) ss County of Ada ) On this~~ day of 2009, before me, a Notary Public, personally appeared Albert Siron, know or identified to me to be the President of the Whitestone Homeowner's Association, Inc who executed the instrument of behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written. (SEAL) • 9 ~®TAR~~ --- . <, AvB LOG ~'s 'o __~3F1O• ~"i': ~ . PURCHASE AND SALE AGREEMENT - 7 N ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 ; BOISE IDAHO 04/09/09 03:07 PM DEPUTY IOcld Allen II I I I ~I II I II I II I I ~I ~I I ~ I~III' I ~~II'II RECORDED-REQUEST OF Meridian Clay 109040275 RECORDING REQUESTED BY AND WFIENRECORDED RETURNTO: (Space Above For Recorder's Use) WA-IZRANTY DEED For good and valuable consideration, the receipt of which is hereby acknowledged, Whitestone Homeowners Association, Inc ("Grantor"), conveys, grants and warrants to The City of Meridian, an Idaho Municipal Corporation ("Grantee"), whose address is 33 East Broadway Avenue, Meridian, Idaho 83642 and its successors and assigns forever, the following described real property: LOT 21, IN BLOCK 1 OF WHITESTONE ESTATES SUBDMSION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 72 OF PLATS AT PAGE 7411 AND 7412, RECORDS OF ADA COUNTY, IDAHO. SUBJECT TO taxes and assessments for the yeaz 2009 and all subsequent years, together with any and all existing easements, rights-of--way, reservations, restrictions and encumbrances of record, to any existing tenancies, to all zoning laws and ordinances, and to any state of facts an accurate survey or inspection of the premises would show. This conveyance shall include any and all estate, right, title, interest, appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues, profits, rights-of--way and water rights in anywise appertaining to the property herein described as well in law as in equity. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said premises; that the premises are free from all encumbrances, excepting those as may be herein set forth, and excepting those of record, and that Grantor will warrant and defend the same from all lawful claims. WARRANTY DEED -1 IN WITNESS WHEREOF, the Grantor has executed this instrument on this ,~S~day of March, 2009 GRANTOR WHITESTONE HOMEOWNERS ASSOCIATION, INC STATE OF IDAHO ) ss. County of Ada ) On this ~ 5~day of ~,~. ' , 2009, before me ~~~ ~ l ~ (,~ ~~~ , personally appeared Albert Siron, known or identified to me to be the President of the Whitestone Homeowners Association, Inc, the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .~~~~'ARy•, -.® rqr~,^,-.tDP~p Expires i ~~ -- ~ 1 -- I '~ WARRANTY DEED - 2 Albert Siron, President Whitestone Estates Subdivision Homeowners Association Board March 20, 2009 Deputy City Attorney Ted Baird City of Meridian (208) 489-0483 RECEYVE~ SAAR 2 32009 ~~T~ oFCf~! CITY CLERbCS OFF6CE Ted, This letter is to serve as guidance from the Board Members of Whitestone Estates Homeowners Association Inc. regarding the transfer of a parcel of property to the City of Meridian. The board has unanimously agreed to tum over the parcel of property described as Lot 21, Block 7 of the Whitestone Estates Subdivision, together with all building, frxtures (including but not limited to the sanitary sewer I~ft station and associated improvement) and other improvement located on such real property (the "Real Property") to the City of Meridian. It is the understanding of the Board that pursuant to the transfer of this property, the City of Meridian will be responsible for the maintenance, upkeep and repairs of the lift station that is currently located on this property. The Board also understands that the subdivision will continue to retain responsibility for maintaining the grounds and landscaping outside the fenced area that encloses the lift station. We further authorize Albert Siron, President of the Whitestone Estates Homeowners Association Inc. to sign the Real Estate Purchase and Sale Agreement with the City of Meridian on our behalf. We appreciate the help given to us by the City of Meridian in completing this process. Sincerely, ,- Albert Siron, President J ff S , ice President March 24, 2t~9 Department Reports MERIDIAN CITY COUNCIL MEETING March 24, 2Q09 APPLICANT Purchasing Department ITEM NO. 7-A-1 REGtUEST Budgeted Contract Amendment No. 8 for Architectural Building Suppiv for $28Q.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CI?Y 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 a4tath8d ~Q'f' Date: Phone: Staff Initials: Materiafa presented at pubpc meetinss shag become properly of the CHy of Meridbn. CITY OF MERIDIAN 33 EAST IDAHO MERIDU4N, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.08 PROJECT NO. CH-06-001 DATE: 1/19109 EFFECTIVE DATE: CONTRACTOR: ABS PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Pians. Description: Incorporate rev(stons per door schedule changes ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI $ Add of lockset Attachments: Change Items description, dated 1/16/09, with cantrector quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $277,230.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 07 $2s ~ ~a oo No. to _ (calendar days) $ , . Na„ Contract Price Prior to this Budgeted Contract Amendment: Contrect Times prior to this Budgeted Contract Amendment: $306 340 00 (calendar dm or date) , . 8/28/2008 Net Increase (rlespeese) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: $280 00 (calendar days or date) . None Contract Price with all Approved Budgeted Contract Amendment: Contract Tunes with all Approved Budgeted Contract Amendmerrt: $306,620.00 (calendar days) Substantial Completion 8/28/2008 RECOMMENDED: (coNSTRUCnoN MANAGER) ACCEPTED: (coNTRACTOR) Petra Inc. ~~- ~~v~ ~~~'~,~ Architectural Building y By: Thomas R. Cou^<hlin By: Stewart Jensen Date: . "~~ Date: ~..- ~, .. APPROVED: (Crrr PURCFt=?EKING AGEN~~ ~ COUNCIL APPROVAL By: Keith Watts ,~s " ``~ ~3 f ~~ ~I ~iu,.,i.,., r,, ~ Date: ~. ';_.. ~R ~ ~ ,,. .~. ~ ~ \~~`'~Of ~~'~i Date: ° APPROVED: ATTEST: # ~. .~ ~ i By: Mayor ammy de Weer ~ ~` By: City Clerk, Jaycee H~1man S~ j AL Date: ~ j Date: ~' ir~','O9 r 18T ' 1 ~~ .\' r~~'i'',,'r'~ . . ~ ~P Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann, Gene Bennett Date: March 19, 2009 Re: March 24 City Council Meeting Agenda Items The Purchasing Department respectfully requests that the following item be placed on the March 24, 2009 City Council Agenda Department Reports for Council's consideration. Multiple Budgeted Contract Amendments for the New City Hall Building Architectural Building Supply -Budgeted Contract Amendment No. 8 - $280.00 Advanced Sign -Budgeted Contract Amendment No. 3 - $4,172.00 Axelsen Concrete -East Parking Lot -Budgeted Contract Amendment No 2 - $275.00 Buss Mechanical -Budgeted Contract Amendment No 6 - $16,477.00 Hobson Fabricating -Budgeted Contract Amendment No 4 - $44,146.00 Hobson Fabricating -Budgeted Contract Amendment No 5 - $2,725.00 KB Welding -Plaza -Budgeted Contract Amendment No 2 - $4,197.00 Sunshine Landscape -Plaza -Budgeted Contract Amendment No 3 - $2,346.00 Sunshine Landscape -East Parking Lot -Budgeted Contract Amendment No 2 - $750.00 Terra West -Plaza -Budgeted Contract Amendment No 1 - $61,220.00 TriState Electric -Budgeted Contract Amendment No 5 - $37,514.00 Recommended Council Action: Approve Multiple Change Orders for additional work for a Not To-Exceed amounts listed above for a total amount of $174,102.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. ~ ~~ `~'~1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.08 PROJECT NO. CH-06-"001 DATE: 1!19/09 EFFECTIVE DATE: CONTRACTOR: ABS PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per door schedule changes ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI 8 Add of lockset Attachments: Change Items description, dated 1/16/09, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $277,230.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 07 No. to _ (calendar days) $29,110.00 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: $306 340 00 (calendar days or date) , . 8/28/2008 Net Increase (desr:esse) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: $280 00 (calendar days or date) . None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: $306,620.00 (calendar days) Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED: (CONTRACTOR) Petra Inc. ~ Architectural Building Su y ` By: Thomas R Cou hlin . By: Stewart Jensen Date: ~ ~..~ Date: ~.~ ~ ,. APPROVED: (CnY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: Door Schedule Change PRO]ECT: Meridian City Hall TO: Attn: Stewart Jensen Architectural Building Supply 960 E. Franklin Rd. Meridian, ID 83642 Phone: 208-884-8917 Fax:208-884-5641 RE: CO To: ABS DATE: 1/19/2009 ]OB: 060675 CONTRACT NO: 22 From: CIlYMER Number: 00007 t`~EiS~~PTION OF CHANGE - **All taxes are included in rnsts** I#em: L~esciciption 00001 Change out Privacy Lock on Ladies Restrooom 137 to push-pull and push plate to match other restroom. This door was scheduled different. ABS quote 1/13/09, Items #3 & #4 wiifi Sales Tax. Item #3 -Push-Pull = $225.00 Item #4 -Push Plate = $39.00 Sales Tax = $15.84 Tic.... Tax _:Net; - .. Qua~ttrty Units Unit F~ice Rata '~Amourit° Amount: 1.000 LS $280.00 0.00% $0.00 $280.00 Unit Cost: $280.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $280.00 The Original Contract Sum was ................................................................................................. $277,230.00 Net Change by Previously Authorized Requests and Changes ................................................ $29,110.00 The Contract Sum Prior to This Change Order was ...................................................... $306,340.00 The Contract Sum Will be Increased ................................................................................... $280.00 The New Contract Sum Including This Change Order ...................................................... Th t C i $306,620.00 e ontrac T me Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Architec a 'ding L,CA Ar hitects A ~ . sy: ~ By' =~ Ste ensen Steve Christensen Date: ~_ ~_ ~' D~ ~ Date: .~ ~,L~ t 0 e,~amon ® ~~- MERIDIAN CITY HALL PROJECT NO: CH-06-001 ARCHITECTURAL BUILDING SUPPLY -Phase 3 (22) 01/16/09 CHANGE ORDER NO 8 CHANGE ORDER ITEMS Change out Privacy lock on Ladies Restroom 137 to 280.00 push-pull & push plate to match other restrooms This door was scheduled different ABS quote 1/13/09,Items #3 ~ 4. with Sales Tax Item #3 -Push-Pull $225.00 Item#4 Rush Plate $39.00 Sales Tax $15.84 $279.84 280.00 j f ~. ( . .,,~ i/ ;~, . Page 1 of 1 March 24, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING March 24, 2049 APPLICANT Purchasing Department ITEM NO. 7-A-Z REQUEST Budgeted Contract Amendment No. 3 for Advanced Sign for $4,172.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeMngs shall become property of the City of Meridian. ~1 ®~ MET 33 ST 1®AHt~ MERIIAN,1® s33 2 DATE: BUDGETED CONTRACT AtiRENDMEt+tT N~. a3 PtzOJECT NO. CH ~aa7 DATE: 2!2512009 IJGT' ~ CT GT A EST COM"RACTflR: A~van~~d Sign PROJECT: AAERIDIAIV CITY HALL -Phase 3 Tenant Improvements Contractor 's5 hereby directed to matt® the following changes from ~e Contract t)ocum®nts and Z'larts. mrip#ion: Signaga revisions regaagstrad by the City of Meridian. Additional and revised signage for various City artments, Congrr~Passsmen's offtce and the LEEf~ r®qulred recycling sign. Ai.t_ OTHER TER AND CONDtTtONS REMAIN THE SAME. Reason for Budgeted Contract Amendmerst: City of Meridian request ~: Change items description, dated 214tf3rJ, with contractor quotes COiAN~E tN C®IVTf~ACT FRI~E: t;HAN~E IN CONTt~ACT TIMES: Ofi~InBl C®ntract PfIt;B X2,954.29 ~"m Original Contract Trmes: Substantial Completian 8128/08 Net changes form previous Budgeted Contract Ame nt: Net changes farm previous Budgeted Contract Amendment: No. 00 to 01 No., to ^ (calendar days} $9,569.®0 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date} $52,623.29 so2t3/~oos By: 4Ceith Watts Date: ~°° ~ ~„ ~~ ,a, ~`~ till tl dPl9Jerr`!,B ~~ ~q Date: ``'~r`~ _.A a , APPRO\lED: (Ci [ f ,4TTEST: ~ 1~ ' ___~~ r ,~ ~C o s By: Mayor Tamp ®my de t3y: City Clerk, Jaycee H~rrtan m Date: ~1 '~~ '° Da4a+• ~,~ ~ ~ ~ ~~~ = "~_ e°. ~' mdf'l,1t i'4i`7~a CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.03 PROJECT NO. CH-06-001 DATE: 2/25/2009 EFFECTIVE DATE: CONTRACTOR: Advanced Sign PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Signage revisions requested by the City of Meridian. Additional and revised signage for various City Departments, Congressmen's office and the LEED required recycling sign. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: City of Meridian request Attachments: Chan e Items descri tion da 2/4/09 ith t g p , , w con ractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $42,954.29 A ~ Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Am ` ent: Net changes form previous Budgeted Contract Amendment: No. 00 to 01 ~ ~ No._ to _ (calendar days) $9,669.00 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $52,623.29 s/2s/2oos Net Increase of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $4,172.00 None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: (calendar days) $56,795.29 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MA ~ ER) ACCEPTED: (CONTRACTOR) Petra Inc. ~ Advanced Sig By: Thomas R. Coughli - ~~'~ ~ ~ By: Jim Nemeth Date: ~ ~ ~ ~ Date: ~ s E APPROVE (CITY URCHASING AGENT) COUNCIL APP OVA By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: f~ 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: Added sign corrections/additions DATE: 2/25/2009 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Jim Nemeth CONTRACT NO: Advanced Sign 511 W Highland Boise, ID 83706 Phone:208-345-8682 Fax:208-345-0015 RE: CO To: ADVSIGN From: CITYMER DESCRIPTION OF CHANGE **All taxes are included in costs** 55 Number: 00002 Tax item Description Quae-tity Units Unit Rrice Rate Additional sign carrectlons and additions per City request to indude department 1.000 LS $4,172.00 0.00% office revisions. Congreaman Minnidcs Office, LEED recyde. Advanced Sign quote dated 2/24/09. LEED recyling sign - 1 each $103.75 + tax = $110.00 Qty Department Revisions - Z4 each = $3,152.12 + tax = $3,341.00 Congressman Office - 3 each = $680+ tax = $721.00 Tax Net Amount Amoa $0.00 $4,172.00 Unit Cost: $4,172.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Toil: $4,172.00 The Original Contract Sum was ................................................................................................. $42,954.29 Net Change by Previously Authorized Requests and Changes ................................................ $9,669.00 The Contract Sum Prior to This Change Order was ...................................................... $52,623.29 The Contract Sum Will be Increased ................................................................................... $4,172.00 The New Contract Sum Including This Change Order ...................................................... $56,795.29 The Contract Time Will Not Be Changed ..... ............................... .... ........................ ... .. . . .... ..... The Date of Substantial Completion as of this Change Order Therefore is ~ .......................... ACCE ~ ' Advance ign Petra Incorporated 3.CA A hiteCffi, ' N eth Co ~ Steve Christensen Date: ~ ~ ~ ~ Date: ~ ~ ~ Date: 3 • Z• o g Fxpeam°n ®~ MERIDIAN CITY HALL PROJECT NO: CH-06-001 ADVANCED SIGN -Phase 3 (55) 02/24/09 CHANGE ORDER NO 3 CHANGE ORDER ITEMS 1 Additional Interior Sign Revisions Additional sign corrections and additions per City request to include department office revisions, Congressman Minnicks Office, LEED recycle Advanced Sign quote 2/24/04 - LEED Recylcing Sign -1 Ea $103.75 + tax 110.00 - City Department Revisions - 24 Ea - $3,152.12 + tax 3,341.00 - Congressman Office - 3 Ea $680.00 + tax 721.00 4,172.00 March 24, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT Purchasing Department ITEM NO. 7-A-3 REQUEST Budgeted Contract Amendment No. 2 for Axelsen Concrete East Parking Lot for $275.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clay of Meridian. ~. _ .. ~ CITY OF MERIDIAN 33 EAST IDAHO MERIDWN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 02 PROJECT NO. CH-06-001 DATE: 1/22/09 EFFECTIVE DATE: CONTRACTOR: AXELSEN CONCRETE CONSTRUCTION PROJECT: MERIDIAN CITY HALL - Phase V East Parking Lot The Contractor is hereby directed to make the following changes from the Contract Documents arM Plans. Description: Incorporate revisions for ASI #155 ALL OTHER TERMS AND CONDITIONS REAAAIN THE SAME. Reason for Change Order: Additional scope of revisions per listed ASI #'155 Attachmerrts: Change Order Items Descriptlon, dated 1/22/09, with contractor quote CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 28,720.00 Original Contrail Times: Substantial Completion 12/5108 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 0 $6 880 00 No. to - - (calendar days) , . Norte Contrail Price Prior to this Change Order. Contrail Times prior to this Change Order. $35 600 00 (calendar days or date) , . 1y~~ Net Increase ( of this Change Order: Net Increase (decrease) of this Change Order. $275 00 (calendar days or date) . None Contract Price with afl Approved Change Orders: Contract Times with all Approved Change Orders: $35,875.00 (calendar days) Substantial Completion 12/5/2008 RECOMMENDED: (CONSTRUCTION GER) ACCEPTED: (CONTRACTOR) Petra Inc. ~-_ =_..~. Axelsen Concrete Constru o By. Ttlomas. By: Paul AxelserF~~.,~;-,,,, Date: Z,~ ~,,;, ~ Date: ~ ~~;'°~g APPROVED: {CITYPUR~.-€A NGA=~~~r COUNCILAPPROVAL By: Keith Watts ~ "~,~ - ~ °~~"~~`~~~~~~~~ ~ ._ ~~ ~, .~ Date: .~ ~~,,,, Date: `~\~~~~~ O~ .,~~~ APPROVED: (Cnlr) - _ ' ATTEST: O~~ y ~~ ~, ' F , ~ By: Mayor Tammy de Wear By: City Clerk, Jayt~e t,~,tilma ` Date: ~ r ~ Data: ~.~ °°9,,, 3~AI, %~-9~4 uST ~g1 , P~Q`~`, 44`, _5 ~ ,o ~,. t.rs~/tet4A s v e .... CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER /~l1 AITL1A nT/'1t~_ wvr~ n CHANGE ORDER NO. 02 PROJECT NO. CH-06-001 DATE: 1/22/09 EFFECTIVE DATE: .~~. ~ ~..w ~ vn. r~nCLJCIV I.IJIVI,t<t I t C:VNS I hZUCTION PROJECT: MERIDIAN CITY HALL - Phase V East Parking Lot The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions for ASI #155 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope of revisions per listed ASI #155 Attachments: Change Order Items Description, dated 1/22/09, with contractor quote CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 28,720.00 Original Contract Times: Substantial Completion 12/5/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 0 $6 $80.00 ~ No._ to _ (calendar days) , None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: $35 600.00 (calendar days or date) , 12/5/2008 Net Increase ( of this Change Order: Net Increase (decrease) of this Change Order: $275 00 (calendar days or date) . None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: $35,875.00 (calendar days) Substantial Completion 12/5/2008 RECOMMENDED: (CONSTRUCTION NAGER) ACCEPTED: (CONTRACTOR) Petra Inc. _ _ - Axelsen Concrete Constru~t o~ By: Tk~acnas F~, ~ By: Paul Axelse j~iXi~' Date: ~~,y~ Date: .- / 30- e 4 APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (Cn'Y) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: CHANGE ORDER No. 00002 323-4500 BOISE, IDAHO RCE-1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI #155 -Phase V PROJECT: Meridian City Hall TO: Attn: Paul Axelsen Axelsen Concrete Construction, LLC 4640 Hemlock Way Nampa, ID 83687 Phone: 208-466-5620 Fax: 208-466-7895 RE: CO To: AXECON DESCRIPTION OF CHANGE **All taxes are included in costs** :Item Descripiaon 00001 ASI #155 -Railroad Track Paver Walkway (VCOR #07). Provide wire mesh reinfordng in the concrete sub-slab, 5 sheets 6x6 wire mesh. Wire mesh added to provide minimal reinfordng to help with vehicle loads on walk. Add to previous cost, in COR #1. Axelsen Quote 1/9/09. Unit Cost: $275.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: _ 0 00 Tn#~1. d.~f~r n~ ~ ne ~r,gma~ contract Sum was ......................................................................... ............ $28,720.00 ............ et Change by Previously Authorized Requests and Changes ................................................ $6,880.00 The Contract Sum Prior to This Change Order was ...................................................... $35,600.00 The Contract Sum Will be increased ................................................................................... $275.00 The New Contract Sum Including This Change Order ...................................................... $35,875.00 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Axelsen Concrete Coi tr tion, LLC Petra Incorporated LCA Ai`chitects By: r 1 By: B),: Paul Axelsen T'su:rlin Steve Christensen Date: ~-3D-~8 Date: ~;~_~ Date: ~ i •Z'~ ~ 0~ Expedition DATE: 1/22/2009 ]OB: 060675 CONTRACT NO: 54 From: PETRA Number: 00001 Taz Tax Net Quantity Units Unit Price Rate Amount Amount 1.000 LS $275.00 0.00% $0.00 $275.00 March 24, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING March 24, 2009 _ _ APPLICANT Purchasing Department ITEM NO. 7-A-~ REQUEST Budgeted Contract Amendment No. 6 for Buss Mechanical for $16,477.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff initials: Phone: COMMENTS See a#Mched Materials presented at pubpc meeting shall become property of the City of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.06 PROJECT NO. CH-06-001 DATE: 1/19109 EFFECTIVE DATE: vv,v ~ r~n~, ~ vrc: Du.7.7 IYICGI'tANIGAL PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's #'121, #188, #188R 8 Backcharge for damage ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Addltlonal scope or revisions per listed ASI's Attachments: Change Items descrlptlon, dated 1/14/09, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Origins! CORtraCt Price $953,385.00 Original Contract Times: substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendrr~nt: No. 01 to 04 $38 444 00 No.` to ~ (calendar days) , . None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment $991 829 00 tcaeendar days or date) , . 8/28!2008 Net Increase (desreesej of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: $16 477.00 (calendar days or date) , None Contrail Price with all Approved Budgeted Contract Amendment: Contract Times with all Approved Budgeted Contract Amendment: $1,008,308.00 (calendar days) Substantial Completion 8/28!2008 RECOMMENDED: CONSTRUCTION MANAGER) ACCEPTED: (CONTRALTO Petra Inc. _ Buss Mechanical ~- By: Thomas R. Coughlin ey: John Buss Date: \"'Z.4 -ct Date: ~,¢ G r -~ APPROVED: (CITY PURCFi~~:ING A COUNCIL APPROVA ~£ o °°G `````t~ttUnUH~~ri By: Keith Watts z= ~ r ` .~ _ m ~~ ~~ ~i4i ~ .-- °` -~ 'g`; Date: =-~ ...w ~~w. ~. { .4~_y `` `~~ I, '~ ~~~~ Date: ~` V- T . ~' APPROVED: (Cn1r) - ~ ~. ATTEST: o,., .,..,..-~- By: Mayor Tamm de W y e Date: ~ `~ ~ ~~ By: City Clerk, Jaycee Holman M = ~ Date: ~' -~ ~ ~ ~ 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.06 PROJECT NO. CH-06-901 DATE: 1 /19/09 EFFECTIVE DATE: ~.vw ~ rw~. i vrc: auaa IVICGI'IANIGAL PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's #121, #166, #166R $ Backcharge for damage ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI's Attachments: Change Items description, dated 1/14109, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $953,385.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 04 $38 444 00 No._ to _ (calendar days) , . None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: $991 829.00 (calendar days or date) , a/28/loos Net Increase (dssceesej of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: $16 477.00 (calendar days or date) , None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: $1,008,306.00 (plendar days) Substantial Completion 8/28/2008 RECOMMENDED: CONSTRUCTION MANAGER) ACCEPTED: (CONTRALTO Petra Inc. ~" B Th Buss Mechanical y: omas R. Coughlin By: John Buss Date: \~~„~ _c, Date: ~_~~ APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVA By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: CHANGE ORDER 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI 121, 166, 166R & Damage PRO]ECT: Meridian C'Ity Hall TO: Attn: John Buss Buss Mechanical PO BOX 190476 phys: 4471 S. Henry Boise, ID 83719 DATE: 1/19/2009 ]OB: 060675 CONTRACT NO: 32 Phone:208-562-0600 Fax:208-562-0555 RE: CO To: BUSS DESCRIPTION OF CHANGE **All taxes are included in costs** Item Description 00001 ASI #121: Boiler Control Modifications (COR#39). Install connection saddle for additional flow meter and two sound boxes on hot water pumps. Buss invoice #12-8482, dated 12/1/08. 00002 ASI#166 -Glycol for Heating Hydronic Loop (COR#43). Provide 30% glycol solution in the heating hydronic loop per engineers direction. Buss invoice #12-8493, dated 12/23/08. 00003 ASI#166R -Glycol Feed Pump Connection (COR#44). Connection heating hydronic system to glycol feed pump. Connect existing glycol low fluid alarm contact to DDC system alarm. Buss quote dated 12/29/08. 00004 Backcharge for damage to paint finishes and repair at added access doors. Commeraal Paint invoice #290254, dated 9/13/08 = $52.50 Commeraai Paint Invoice #290261 dated 9/27/08 = $115.00 Commerdal Paint Invoice #290266 dated 9/2008 = $35.00 Commerdal Paint Invoice #290274 dated 10/2/08 = $105.00 From: PETRA Number: 00001 -Tax Tax Net Quantity Units Unit,Price Rate, .Amount.. Amount 1.000 LS $637.00 0.00% $0.00 $637.00 1.000 LS $13,725.00 0.00% $0.00 $13,725.00 1.000 LS $2,423.00 0.00% $0.00 $2,423.00 1.000 LS ($308.00) 0.00% $0.00 ($308.00) Unit Cost: $16,477.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $16,477.00 The Original Contract Sum was ................................................................................................. $953,385.00 Net Change by Previously Authorized Requests and Changes ................................................ $38,444.00 The Contract Sum Prior to This Change Order was ...................................................... $991,829.00 The Contract Sum Will be Increased ................................................................................... $16,477.00 The New Contract Sum Including This Change Order ...................................................... $1,008,306.00 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Buss Mecha c I Petra Inc porated LCA A chitects By: By: ~° BY. .~~.. dom. John Buss Steve Christensen Date: ~_ ~ ~_~ ~ Date: Z ~ _~~` Date: ~ 121 ~ 4~ Expedition MERIDIAN CITY HALL PROJECT NO: CH-06-001 BUSS MECHANICAL -Phase 3 (32) CHANGE ORDER NO 6 01 /14/09 CHANGE ORDER ITEMS ASI ~ RFI Changes 1 ASI 121 Boiler Control Modifications (COR#39) Install connection saddle for additional flow meter & two sound boxes on hot water pumps. Buss invoice #12-8482, dated 12/1/08 2 ASI 166 Glycol For Heating Hydronic Loop (COR#43) Provide 30% glycol solution in the heating hydronic loop per engineers direction Buss invoice 12-8493, dated 12/23/08 3 ASI 166R Glycol Feed Pump Connection (COR# 44) Connection heating hydronic system to glycol feed pump. Connect existing glycol low fluid alarm contact to DDC system alarm Buss quote 12/29/08 4 Backcharge for damage to paint finishes and repair at added access doors. Commercial Paint invoice #290254, 9/13/08 Commercial Paint invoice #290261, 9/27/08 Commercial Paint invoice #290266, 9/08 Commercial Paint invoice #290274, 10/2/08 $ 637 $ 13,725 $ 2,423 $ (308) $ 52.50 $ 115.00 $ 35.00 $ 105.00 $ 307.50 $ 16,477 Page 1 of 1 March 24, 2009 Department i2eports MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT Purchasing Department ITEM NO. 7-A-5 REQUEST Budgeted Contract Amendment No. 4 for Hobson Fabricating fpr X44,146.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY 6UILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: COMMENTS See attached Nor ~''a'-ham'' ~~s"` 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: Mat®rials presented at public meetings shall become properly of the CHy of Merfdiarr. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, fD 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 04 PROJECT NO. CH-06-001 DATE: 12/8/08 EFFECTIVE DATE: CONTRACTOR: HOBSON FABRICATING PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per RFI#91, #101, #104, #106, #107, #138, #147,149,154 $155; ASI#5081, #86 #87 , , #93, #107, 10781, 1108,116,121 8 163 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI's and RFI's Attachments: Change order items description, dated 5/16/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $2,060,000.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 01 to 03 No._ to (calendar days) $51,775.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: $2 111 775 00 (calendar days or date) , , . 8/28/2008 Net Increase jt7~ra?as€) of this Change Order: Net Increase (decrease) of this Change Order: $44 146 00 (calendar days or date) , . None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: $2,155,921.00 (calendar days) Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION ER ACCEPTED: (CONTRACTOR) Petra Inc. Hobson Fabricating By: Thomas R. Coughlin By: Ted F 'sbee, Jr. Date: ~ ~~a ®~ Date: APPROVED: (CITY PURCHASING AGENT) COU IL APPROVA By: Keith Watts Date: Date: APPROVED: (CrfY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: CHANGE ORDER ~ ~ ~ ~ o. 00004 323-4500 JAN ~: 6 2009 BOISE, IDAHO RCE-1875 ,~. ~I ~ _ 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE• (208) 323-4500 • FAX• (208) 323-4507 TITLE: RFI &ASI Pricing- Phase III DATE: 12/8/2008 PRO]ECT: Meridian City Hall JOB: 060675 TO: Attn: Pat Clover Hobson Fabricating Corp. 6428 Business Way Boise, ID 83716 Phone: 343-5423 Fax: 343-5446 RE: CO To: HOBSN DESCRIPTION OF CHANGE CONTRACT NO: 33 From: CITYMER term D.e.scri~ttian 00001 RFI#91 -Power Shutdown in Room #311 (COR#24). 00002 RFI#101 -Wall Louver at Penthouse (COR#25) Hobson Quote dated 5/21/08. Design issue 00003 RFI#104 -Beam Framing (COR#28). 00004 ASI#50R1 Duct Transition at Plan Vault (COR#29) Hobson quote dated 5/21/08. Design Issue. 00005 RFI#106 -Fire Riser Room#130 Enlargement (COR#30). Relocate underfloor fan power box. Hobson quote dated 5/21/08. Design Issue. 00006 RFI#107 -Basement RR 019 Ceiling Aces (COR#31) New grilles for lay-in ceiling. Hobson quote 5/21/08. Design issue. 00007 ASI#86 -Fume Hood Braces (COR#32) Fabricate and install barces/legs for fume hood in mailroom. Hobson quote dated 5/21/08. Construction issue. 00008 ASI#87 -Duct Revision at Lobby#111. (COR#33). Rework duct at lobby to clear beams and ceiling. Hobson quote 8/1/08. Design issue. 00009 ASI#93 -Add wall at Room#257 (COR#34) 00010 ASI#107 -Wall relocation at Rooms 244245 (COR#35) 00011 RFI#138 - Restroom Air Supply (COR#36). Add duct thru under floor partitions for air supply. Hobson quote 11/25/08. Design issue. 00012 RFI#147 -Relocate VAV#215 (COR#37). Relocate VAV, revise duct and add FSD. Hobson quote dated 8/1/08. Design issue. Number: 00003 Tax Tax Net Quantity Units Unit Price .!fate Amount Amounf 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $1,043.00 0.00% $0.00 $1,043.00 - 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $1,893.00 0.00% $0.00 $1,893.00 1.000 LS $289.00 0.00% $0.00 $289.00 1.000 LS $190.00 0.00% $0.00 $190.00 1.000 LS $661.00 0.00% $0.00 $661.00 1.000 LS $1,234.00 0.00% $0.00 $1,234.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $3,137.00 0.00% $0.00 $3,137.00 1.000 LS $2,215.00 0.00% $0.00 $2,215.00 Unit Cost: $44,146.00 Unit Tax: $0.00 Lump Sum: $0,00 Lump Tax: $0.00 0.0% GC markup: $0 00 Total: $44,146.00 The Original Contract Sum was ................................................................................................. $2,060,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $51,775.00 The Contract Sum Prior to This Change Order was ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, $2,111,775.00 The Contract Sum Will be Increased ................................................................................... $44,146.00 The New Contract Sum including This Change Order ...................................................... $2,155,921.00 The Contract Time Will Not Be Changed ................................................................................. The Date of~Substantial Completion as of this Change Order Therefore is ,~ ............................ Hobs n F •icati;t Cor Petra Incorporated ~ ~ LCA Ar bitects lay: isy: By: To ougt~ Steve Christensen Date: ~ ~ Date: G' ~ ~'° l0~ Date: 1 ~ 9 `~ ~~ Expedition 9 .`, CHANGE ORDER ~~~[ ~ No. 00004 323-4540 BOISE, IDAHO RCE-1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: RFI &ASI Pricing- Phase III PRO]ECT: Meridian City Hall TO: Attn: Pat Clover Hobson Fabricating Corp. 6428 Business Way Boise, ID 83716 Phone: 343-5423 Fax: 343-5446 RE: CO To: HOBSN DATE: 12/8/2008 ]OB: 060675 CONTRACT NO: 33 From: CITYMER DESCRIPTION OF CHANGE Item Deslcription 00013 RFI#149 -Duct conflict in Room#346 (COR#38). Revise dud to avoid lights. Hobson quote dated 8/1/08. Design issue. 00014 RFI#154 - HVAC at Electrical and Comm. Rooms (COR#39). 00015 RFI#155 -Mayors suite RA Plenum (COR#40). Add sound insulation to return dud above mayor's suite. Hobson quote dated 11/25/08. Design issue. 00016 ASI#107R1 -Wall relocatlon at Rooms 244-245 (COR#41). 00017 ASI#110 -Exhaust fan EF2 Revisions (COR#42). See ASI#110R -VOID. 00017 ASI#110R -Exhaust fan EF-2 revisions (COR#43). Add dud to relocate EF-2 discharge away from RTAHU intake. Hobson quote dated 11/25/08. Design issue. 00019 ASI#116 -Emergency generator height revision. Relocate muffler, fab & install muffler support on wall. Hobson Invoice#0005576 dated 9/18/08. City request. 00020 ASI#121-Boiler controls modifigtions (COR#44). Add flow meter to control valve piping in order to optimize boiler control. Hobson quote dated 11/6/08. Design issue. 00021 ASI#163 - C02 Sensors (COR#46). Add two additional C02 sensors to AHU return air plenums to adjust design requimtents to maximize Idaho Power Energy Conservation Credit. Hobson quote dated 11/12/08. City request. Number: 00003 Tax Tax Net Quantity Units Unit'Price Rate Amariunt Amount.... 1.000 LS $289.00 0.00% $0.00 $289.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $541.00 0.00% $0.00 $541.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 L.S $0.00 0.00% $0.00 $0.00 1.000 LS $6,157.00 0.00% $0.00 $6,157.00 1.000 LS $1,871.00 0.00% $0.00 $1,871.00 1.000 LS $4,928.00 0.00% $0.00 $4,928.00 ' 1.000 LS $5,045.00 0.00% $0.00 $5,045.00 Unit Cost: $44,146.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: X0.00 Total: $44,146.00 The Original Contract Sum was ................................................................................................. $2,060,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $51,775.00 The Contract Sum Prior to This Change Order was ...................................................... $2,111,775.00 The Contract Sum Will be Increased ................................................................................... $44,146.00 The New Contract Sum Including This Change Order ...................................................... $2,155,921.00 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore is ~ ............................. ACCEPTED: Hobson Fabricating Co~ Petra Incorporate ~I,CA Ar hitec sy: ~- ~~ °°® sy: By: ~~~ To ~i Co Steve Christensen Date: ®~~j~ ~d/~ Date: ~ ~a~ ~ ~ Date: 4 ~. ~ ~ ~ 6 ®~. Expedition ® Page 2 of 3 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: RFI & ASI Pricing- Phase III PROJECT: Meridian City Hall TO: Attn: Pat Clover Hobson Fabricating Corp. 6428 Business Way Boise, ID 83716 Phone: 343-5423 Fax: 343-5446 RE: CO To: HOBSN DATE: 12/8/2008 70B: 060675 CONTRACT NO: 33 From: CITYMER DESCRIPTION OF CHANGE .Item Descrpfian 00022 RFI#113 -Boiler Flue Configuration -Revised. Revise from boiler flues manifolded together to individual flues for each boiler. This reverses the initial response to RFI#113. Existing manifold system to be removed and replaced by seperating flues for each of the four boilers. Hobson quote dated 11/3/08. Design issue~/ly ~' j'~1GZ1 of l~l"G `~, 00023 Builder's Risk Claim -Replace two stolen unit heaters. Hobson invoice dated 6/30/08 quote. Construction issue. 00024 Add 4 return air grilles with sound boots. Hobson quote dated 11/25/08. Design issue. 00025 Remove and reinstall 12 grilles in the lobby area for painting. Hobson quote dated 11/25/08. Owner request. 00026 Relocate 22 grilles for smoke detector spacing. Hobson quote dated 11/25/08. Number: 00003 Tax Tax Net-- Qyantity Units Unit Price. Rate Amount An><ount 1.000 LS $10,772.00 0.00% $0.00 $10,772.00 1.000 LS $1,800.00 0.00% $0.00 $1,800.00 1.000 LS $839.00 0.00% $0.00 $839.00 1.000 LS $467.00 0.00% $0.00 $467.00 1.000 LS $775.00 0.00% $0.00 $775.00 Unit Cost: $44,146.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $44,146.00 The Original Contract Sum was ................................................................................................. $2,060,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $51,775.00. The Contract Sum Prior to This Change Order was ...................................................... $2,111,775.00 The Contract Sum Will be Increased ................................................................................... $44,146.00 The New Contract Sum Including This Change Order ...................................................... $2,155,921.00 The Contract Time Will Not iBe Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Hobson Fabricating orp. ~ Petra Incorporated LCA Ar hitects P BY~ ~~ ~' G ~r~l " By: By: fl ~~.. . ,~ To Co Steve Christensen Date: ~ .~ Date: ~ ~ ® Date: ~~ I ~,~ e ~ Expedition ® 6 Page 3 of 3 MERIDIAN CITY HALL PROJECT NO: CH-06-001 HOBSON FABRICATING -Phase 3 (33) CHANGE ORDER NO 4 12/05/08 CHANGE ORDER ITEMS 1 RFI 91 Power Shutdown in Rm 311 (COR#24) 0.00 2 RFI 101 Wall Louver @ Penthouse(COR#25) 1,043.00 Hobson quote 5/21/08. Design Issue 3 RFI 104 Beam Framing (COR#28) 0.00 4 ASI 50R1 Duct Transition @ Plan Vault(COR#29) 1 893.00 Hobson quote 5/21/08. Design Issue 5 RFI 106 Fire Riser Rm 130 Enlargement (COR#30) 289.00 Relocate underFloor fan power box. Hobson quote 5/21/08 Design Issue 6 RFI 107 Bsmt RR 019 Ceiling Access (COR#31). New grilles 190.00 for lay-in ceiling. Hobson quote 5/21/08. Design Issue 7 ASI 86 Fume Hood Braces (COR#32) Fabricate and install braces/ 661.00 legs for fume hood in mailroom. Hobson quote 5/21/08. Construction Issue 8 ASI 87 Duct Revision @ Lobby 111 (COR#33) 1,234.00 Rework duct at lobby to clear beams & ceiling Hobson quote 8/1/08. Design Issue. 9 ASI 93 Add Wall @ Rm 257 (COR#34) 0.00 10 ASI 107 Wall Relocation @Rms 244 & 245 (COR#35) 0.00 11 RFI 138 Restroom Air Supply (COR#36) 3,137.00 Add duct thru under floor partitions for air supply Hobson quote 11/25/08. Design Issue 12 RFI 147 Relocate VAV #215 (COR#37) 2,215.00 Relocate VAV, revise duct & add FSD. Hobson quote 8/1/08. Design Issue 13 RFI 149 Duct Conflict Rm 346 (COR#38) 289.00 Revise duct to avoid lights Hobson quote 8/1/08. Design Issue 14 RFI 154 HVAC @ Elec & Comm Rms (COR#39) 0.00 15 RFI 155 Mayors Suite RA Plenum (COR#40) 541.00 Add sound insulation to return duct above mayors suite Hobson quote 11/25/08. Design issue 16 ASI 107R1 Wall Relocation @Rms 244 & 245 (COR#41) 0.00 17 ASI 110 Exhaust Fan EF-2 Revisions (COR#42) -Void - See ASI 110R 18 ASI 110R Exhaust Fan EF-2 Revisions (COR#43) 6,157.00 Add duct to relocate EF-2 discharge away from RTAHU intake. Hobson quote 11/25/08. Design Issue 19 ASI 116 Emergency Generator Hgt Rev. 1,871.00 Relocate muffler, fab & install muffler support on wall. Hobson invoice 0005576, date 9/18/08. City request 20 ASI 121 Boiler Controls Modifications (COR#44) 4,928.00 Add flow meter to control valve piping inorder optimize boiler control. Hobson quote 11/6/08 . Design issue Page 1 of 2 CHANGE ORDER ITEMS 21 ASI 163 CO2 Sensors (COR#46) 5,045.00 Add two additional CO2 sensors to AHU return air plenums to adjust design requirements to maximize Idaho Power enrgy conservation credit. Hobson quote 11/12/08. City Request 22 RFI 113 Boiler Flue Configuration -Revised 10,772.00 Revise from boiler flues manifolded together to individual flues for each boiler. This reverses the initial response top RFI 113. Existing manifold system to be removed and replaced by separate flues for each of the four boilers. Hobson quote 11/3/08 . Design issue 23 -- -- Builders Risk Claim -Replace two stolen unit heaters 1,800.00 Hobson invoice 6/30/08 quote . Construction Issue 24 Add 4 return air grilles with sound boots 839.00 Hobson quote 11/25/08. Design issue 25 Remove and reinstall 12 grilles in the lobby area for painting 467.00 Hobson quote 11/25/08. Owner request 26 Relocate 22 grilles for smoke detector spacing 775.00 Hobson quote 11/25/08. 44,146.00 Page 2 of 2 March 24, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT Purchasing Department ITEM NO. _ 7-A-6 REQUEST Budgeted Contract Amendment No. 5 for Hobson Fabricating for $2,725.00 AGENCY COMMENTS CITY CLERK: See aMached 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 Ctiy of Meridian. ~~ !o •O~j CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER HOBSON FABRICATING RIDIAN CITY HALL -Phase 3 Tenant Improvements CHANGE ORDER NO. 05 PROJECT NO. CH-08-001 DATE: 1120109 EFFECTIVE DATE: Contractor is hereby directed to make the following changes from the Contract DocumerKS and Plans. DescNption: Incorporate revisions for Misc. ASI's & backcharge ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI's and RFt's Change order items description, dated 1/20/09, with contractor quotes GttANGE IN CONTRACT PRI Original Contract Price $2,060,000.00 Net changes rm previous Change Orders No. 01 to 0 $95,921.0 Contract Price Prior to this Change Order. $2,155, 921.00 Net Increase (deeraese) of this Change Order. $2,725.00 Contract Price with all Approved Change Orders: 158,648.00 KtGUMMENDED: {CONSTRUCTION MANAGER) Petra Inc ~~~ ~- `:per fs~- By: Thomas R. Cough,in Date: (cmr Keith Watts ArrKUVtD: (CITY) ..~'~°~ By: Mayor Tarrimy de W Date: c~, ~ - i) ~ cNANGE IN CONTRACT TIMES: Original Contrail Times: Sut~tantiai Completion 8/28108 Net changes form previous Change Orders No., to _ (calendar days) Times prior to this Change Order. days or date) Net Increase {decrease) of this Change Order. (calendarday8 or date) None ltrail Times with all Approved Change Orders: :oiler days) bstantial Completion 8/28/2008 ~EPTED: (CONTRACTOR) bson Fatxicating ' ~,~ Ted Frishee, Jr. c ~' , < ,3- a y -ao o,~,„~,,,,,,,,, Date: ``~~~~ O~ M~O ATTEST: `~ rF0 ~` ~ By: City Cleric, Jaycee H$lman T Date: (.~.. ~. nth $~lsa.rf r rJ / 'yp v~r tst • 1~ ' ~~rrrrrrl'r r t~',`````~. C` ~ 1.' u~~ - +bJ `~ ~~~'®~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CONTRACTOR: HOBSON FABRICATING PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements ORDER NO. 05 No. CH-06-001 DATE: 1 Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions for Misc. ASI's S backcharge OTHER TERMS AND CONDITIONS REMAIN THE SAME. for Change Order: Additional scope or revisions per listed ASI's and RFI's Attachments: Change order items description, dated 1/20/09, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $2,060,000.00 Original Contract Times: Substantial Completion 8/28/08 Net changes orm previous Change Orders Net changes form previous Change Orders No. 01 to 0 No._ to _ (calendar days) $95,921.0 None Price Prior to this Change Order: $2,155,921.00 Net Increase (deePesse) of this Change Order: $2,725.00 Contract Price with all Approved Change Orders: $2,158,646.00 RECOMMENDED: (CONSTRUCT~MANAGER) Petra Inc. _ By: Thomas R. Cough in`~ Date: (CITY PURCHASING AGENT) By: Keith Watts Date: (cIT~ By: Mayor Tammy de Weerd Date: Contract Times prior to this Change Order: (calendar days or date) 8/28/2008 Net Increase (decrease) of this Change Order: (calendar days or date) None Contract Times with all Approved Change Orders: (calendar days) Substantial Completion 8/28/2008 HI;GEF' I ED: (CONTRACTOR) Hobson Fabricatingr " ~ ~,.~ By: Ted Frisbee, Jr. ~d COUNC Date: TTEST: By: City Clerk, Jaycee Holman Date: TITLE: ASI 166 & 166R PROJECT: Meridian City Hall TO: Attn: Ted Frisbee, ]r. Hobson Fabricating Corp. 6428 Business Way Boise, ID 83716 Phone: 343-5423 Fax: 343-5446 RE: To: DESCRIPTION OF CHANGE CHANGE ORDER DATE: 1/20/2009 JOB: 060675 CONTRACT NO: 33 From: Number: xt~[n Description 00001 ASI 166 & 166R -Glycol & Feed Pump Connection for Hydronic Heating Loop (COR # 47 & 48) Provide 30% glycol solution in the hydronic heating loop and connect the heating hydronic system to glycol feed pump. Connect existing glycol low fluid alarm contact to DDC system alarm. Hobson quote 1/16/09 & e-mail 1/19/09. Design Issue. 00002 Backcharge for painting work by others. Prep and paint access door added after initial painting work was completed. Commercial Painting invoice #290262 dated 9/08. Construction Issue. Tax Tax Net Quantity Units Unit Price Rate Amount Amount 1.000 LS $2,760.00 0.00% $0.00 $2,760.00 1.000 LS ($35.00) 0.00% $0.00 ($35.00) Unit Cost: $2,725.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0,00 Total: $2,725.00 The Original Contract Sum was ................................................................................................. $2,060,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $95,921.00 The Contract Sum Prior to This Change Order was ...................................................... $2,155,921.00 The Contract Sum Will be Increased ................................................................................... $2,725.00 The New Contract Sum Including This Change Order ...................................................... $2,158,646.00 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Hobsoa~a6ric~ti~ C~~}~. ~ Petra I e~rporated LCA Arcl i°t~ects, P T d Frisbe Jr. om Coughlin Steve Christensen Date: `~ ~ Date: Date: `~ ~-,, ~ ci Expedition 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 MERIDIAN CITY HALL PROJECT NO: CH-06-001 HOBSON FABRICATING -Phase 3 (33) 01/20/09 CHANGE ORDER NO 5 CHANGE ORDER ITEMS 1 ASI 166 & 166R Glycol & Feed Pump Connection for Hydronic Heating 2,760.00 Loop (COR#47 & 48) Provide 30% glycol solution in the hydronic heating loop and connect the heating hydronic system to glycol feed pump. Connect existing glycol low fluid alarm contact to DDC system alarm. Hobson quote 1/16/09 & email 1/19/08. 2 Backcharge for painting work by others. (35.00} Prep and paint access door added after initial painting work was completed. Commercial Painting invoice #290262, dated 9/08 2,725.00 Page 1 of 1 March 24, 20Q9 Department Reports MERIDIAN CITY COUNCIL MEETING March 24, 2~9 APPLICANT Purchasing Department REM No. 7-A-7 ~~ i REQUEST Budgeted Contract Amendment No. 2 for KB Welding Plaza for $4, i 97.t~ AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY clnr PoucE 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: OTHER: Contac#ed: Da#e: Phone: Emaiied: Staff Initials: MatBrials presented al public meetings shall become properly of the CNy of Meddlan. e CITY ®F MERI®IAN 33 BAST 1®Aii~ ~Ri®I~N, i®8362 UT~ ® T ~T A EST ;T®R: ~f~ F~~RICATi®N $ DEL®IWG tvtER1DIAN CITY HALL -Phase 4 Plaza & Site Improvement The-Contractor is hereby directed to make the following changes from flee Contract Documents and Plans. ription: lncorporats revisions per ASI's X168 ALI. (7THER TERMS AND COIdDITIpNS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions par listed ASI Change items description, dal®d 1P~4/0g, eroith cond°actor quotes CHANCaE tPt GOAdTRAGT PRIGE: Gi~IANGE IN G®niTt~ACT TIMES: ®l7ginal Contract Price $130,54.40 Original Cantract Times: Substantial Completion 8!28/09 Net changes from previous Budgeted Contract Amendment: Net changes form previous Budgeted Corrtract Amendment: 'x.04 NO.~ to _ (calendar days} Price Prior to this tudgeted Contract Amendment $135,686.00 Increase ( } of this Budgeted Contract Amendment: $4,197.00 alt Approved RECOi~~ENDED: {ca~sTRUCTION R} Petra Inc. Sy: Thomas t2 Coug in Date: ~ .~_.- :>~~ APPROVED: {clrv PURCH~;^;ING -:~~NT} ~~ s 8y: Keith Vllatts '~`~ ~` ""~,6~/~t~"" Date: .. ~,,~'_~ .._ ~,'~' P Rdayor Tammy de 4Neer contract Times prior to this Budgeted Contract Amendment: {calendar days or date) 9r29r2oa9 Net Increase {decrease) of this Budgeted Contract Amendment: (calendar days or date) None Times with all Approved Budgeted Contract ~~etl4irirr Date: ~ q>~` e~ ATTEST: ! t/~ By: City Clerk, Jaycee Halriaan Ct~.~'e~- 0~~~-1J~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT CONTRACTOR: KB FABRICATION 8 WELDING PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza ~ Site Improvement BUDGETED CONTRACT AMENDMENT NO.02 PROJECT NO. CH-06-001 DATE: 1 /19/2009 EFFECTIVE DATE: The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's #168 OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI Attachments: Change Items description, dated 1/14/09, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $130,450.00 Original Contract Times: Substantial Completion 8/28/08 Net changes from previous Budgeted Contract Amendment: -$44,764.00 Contract Price Prior to this Budgeted Contract Amendment: $85,686.00 Net changes form previous Budgeted Contract Amendment: No._ to _ (calendar days) None Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) 8/28/2008 Net Increase (desc®ase) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: $4,197.00 (caiendar days or date) None itract Price with all Approved Budgeted Contract $89,883.00 RECOMMENDED: (CONSTRUCTION Petra Inc. By: Thomas R, Coughlin APPROVED: (CITY PURCHASING AGENT) By: Keith Watts Date: APPROVED: (CITY) - By: Mayor Tammy de Weerd Times with all Approved Budgeted Contract (calendar days) Substantial Completion 8/28/2008 HI;GEF' I ED: (CONTRACTOR) KB Fabrication & Welding By: Kim Ashworth I Date: I COUNCIL APPROVAL Date: TTEST: By: City Clerk, Jaycee Holman Date: CHANGE ORDER No. 00002 323-4500 BOISE, II?AHO RCE-1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI #168 DATE: 1/19/2009 PROJECT: Meridian City Hall 70B: 060675 7'O: Attn: Alex Monge CONTRACT NO: 44 KB Fabrication & Welding, Inc. 1970 W. Franklin Rd. Meridian, Idaho 83642 Phone: 208 898-9353 Fax: 208-898-9357 RE: CO To: KBWLD From: CTTYMER Number: 00001 DESCRIPTI{)N OF CHANGE; **All taxes are included in costs** - Tax Tax Net Rent Description Quantity Units Unit Price Rate Amount Amount 00001 ASI#168 -Plaza Railing Decorative Panel Revision (COR#6). Remake five panels 1.000 LS $4,197.00 0.00% $0.00 $4,197.00 per new patterns to reduce opening sizes to less than 4". KB Welding quote 12/9/08. Unit Cost: $4,197.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: _ _ 0 00 Total: $4,197.00 The Original Contract Sum was . ................................................................................................ Net Change by Previously Authorized Requests and Changes $130,450.00 The Contract Surn Prior to This Change Order was ................................................ ($44,764.00) The Contract Sum Will be Increased ...................................................... $85,686.00 ................................................................................... The New Contract Sum Including This Change Order $4,197.00 The Contract Time Will Not Be Changed .................. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, $gg~gg3.00 . The Date of Substantial Completion as of this Change ................. ............................................. Order Therefore is ....................... ACCEPTED: I~ Fabrication & , ~ Petra Incorporat LCA A chitects P ~y. By. By' Alex Mon T m Co kx Steve Christensen Date: ~ .,i,~ Date: 2~ ®~ Date: ~ ~21' 0 Expedition MERIDIAN CITY HALL PROJECT NO: CH-06-001 KB WELDING (44) -Phase IV Plaza CHANGE ORDER NO 2 01 /14/09 CHANGE ORDER ITEMS 1 ASI 168 Plaza Railing Decorative Panel Revision (COR#6) 4 197.00 Remake five panels per new patterns to reduce opening sizes to less than 4". KB Welding quote 12/9/08 4,197.00 Page 1 of 1 March 24, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT Purchasing Department ITEM NO. 7-A-8 REQUEST Budgeted contract Amendment No. 3 for Sunshine Landscape Plaza for $2.346.t~U 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 aifiached Date: Phone: Staff Initials: Materials presented at public meetings stuSil become property of the City of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO, 03 PROJECT NO. CH-06-007 DATE: 12/3/08 EFFECTNE DATE: CONTRACTOR: Sunshine Landscape PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza & Site Improvement The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revislorrs per needed additional top soil for plaza. Backcharge for damage from skldsteer. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME Reason for Change Order. Additional tap soli for plaza. Attachments: Change order (tams description, dated 2/23/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $199,678.75 Original Contrail Times: Substantial Completion 8/28/08 Net changes from previous Change Orders Net changes form previous Change Orders $33 275.00 No._ to _ (cal~,dar days) , None Contract Price Prior to this Change Order. Contract Times prior to this Change Order. $232 953 75 (calendar days or date) , . 8/28/2008 Net Incre~e of this Change Order. Net Increase (decrease) of this Change Order. $2 346.00 (calendar days or data) , ~~ Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: $235.299.75 (calendar days) Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MANA :':R) CCEPTED: (CONTRACTOR) Petra Inc. ~ ,,~ „~_ Sunshine Landscap 13y: Thomas R. CoughUn gy. L~ ~ -.-- ---- Date: Date: APPROVED: (CITY P RCHAS G AGENT) COUNCIL APPROVAL By: Keith Watts D ~~~„~~u.;,~i~ri~ _ ~` ~~~` Q~ i~~Q~ ~~i~~~' 3 a ~-r ~ ate: {zy,.~ .. ~ ,, Date: ~• , •~ APPROVED: {CITY) -...-~°" ~" ~ ~ ? F ATTEST: ~.. BY: Mayor Tammy de Weerd Date: ~ By: City Clerk, Jaycee Holman ~ ~ - ® Date: ~-~-o ~ ~!~ ~ O ~. '',~~~~~~~~OrtiU t~i~+~i~~~`~~~``~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 03 PROJECT NO. CH-06-001 DATE: 12/3/08 EFFECTIVE DATE: CONTRACTOR: Sunshine Landscape PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza & Site ImnrnvPmant The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per needed additional top soil for plaza. Backcharge for damage from skidsteer. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional top soil for plaza. Attachments: Change order items description, dated 2/23/09, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $199,678.75 Original Contract Times: Substantial Completion 8/28/08 Net changes from previous Change Orders Net changes form previous Change Orders $33 275.00 No._ to _ (calendar days) , None Contract Price Prior to this Change Order. Contrail Times prior to this Change Order. $232 953.75 (calendar days or date) , 8/28/2008 Net Increase of this Change Order. Net Increase (decrease) of this Change Order. $2 346.00 (calendar days or date) , None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: $235,299.75 (calendar days) Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MANA ACCEPTED: (CONTRACTOR) Petra Inc. ,~; ~ Sunshine Landscap By: Thomas R. Coughlin By: Levi D c ett Date: Date: )? 4 ~ APPROVED: (CITY P RCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: CHANGE ORDER No. 00003 323-4500 BOISE, IDAHO RCE-1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: Additional Topsoil/Sidewalk Repair DATE: 2/24/2009 PRO]ECT: Meridian City Hall ]OB: 060675 TO: Attn: Levi Duckett CONTRACT NO: 40 Sunshine Landscape mail: PO Box 724 phys: 850 E. Franklin Dr. Meridian, ID 83680 Phone:208-8848036 Fax:208-898-9711 RE: CO To: SUNSLAND From: CITYMER DESCRIPTION OF CHANGE **All taxes are included in costs** Ltero Description 00001 Provide and Install additional topsoil for the plaza area at the amphitheater backside per direction of CM. Sunshine Invoice #28963, dated 11-2408 and revised explanation dated 2-23-09. 00002 Backcharge for repair of sidewalk panel at the southeast comer of the building damages by landscapers skidsteer as witnessed by Pat Child. Axelsen DFA sheet dated 10-17-08. Number: 00002 Tax- Tax Net Quantity Units Unit Price- :Rate 'Amount Amount 1.000 LS $2,721.00 0.00% $0.00 $2,721.00 1.000 LS ($375.00) 0.00% $0.00 ($375.00) Unit Cost: $2,346.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0 00 Total: $2,346.00 The Original Contract Sum was ................................................................................................. Net Change by Previously Authorized Requests and Changes ............................................ $199,678.75 $33 275 00 .... The Contract Sum Prior to This Change Order was , . ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, The Contract Sum Will be Increased $232,953.75 ................................................................................... The New Contract Sum Including This Change Order $2,346.00 ...................................................... The Contract Time Will Not Be Changed ............................. . $235,299.75 . ........................ ...................... The Date of Substantial Completion as of this Change Order Therefore is ~~~ ..................... ACCEPTED: Sunshine nds BY~ r L i Duclre~ Tole C~aughlin Date: .~ ~ Date: ~ , °7" /~' Expedition Petra Incorporated By: LCA Ar itects, P may: Steve Christensen Date: Q.J.. Z . b~ MERIDIAN CITY HALL PROJECT NO: CH-06-001 SUNSHINE LANDSCAPING -Phase 4 (40) CHANGE ORDER NO 3 02/23/09 CHANGE ORDER ITEMS 1 Provide & install additional topsoil for the Plaza area 2,721.00 at the ampitheater backside per direction of CM. Sunshine invoice #28963, dated 11/24/08 &~revised explanation dated 2/23/09. 2 Backcharge for repair of a sidewalk panel at the (375.00) southeast comer of the building damges by landscapers skidsteer as witnessed by Pat Childs. Axelsen DFA sheet dated 10/17/08 2,346.00 Page 1 of 1 March 24, 2009 MERIDIAN CITY COUNCIL MEETING March 24, 2009 Department Reports APPLICANT Purchasing Department ITEM NO. 7-A-9 REQUEST Budgeted Contract Amendment No. 2 for Sunshine Landscape East Parking Lot for $750.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: COMMENTS See attached INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted• Date: Phone: Emailed: Staff Initials: Materials present®d at pubflc meetings shall become properly of the CHy of Meridian. CI ®F ~IDIAN ®p 33 ST IDA®H~ a~ MERIDIAN, ID 03 S ~ ~~ ~:}~ F7: ~lflt~hilfE t~ndscape MERIDIAN GIN HALL - Phase V -East Parking CHANGE ORDER NO. 02 PROJECT NO. CH 4001 DATE: 2123/2089 EFFECTNE DATE: Con or i$ hereby din3cted to make lira following changes from tt-e ct Documents and Plans. „ription: !n orals n3visions per City Of Meridian Planning De enl requeat. ®THER TE SAW®COWDITIONS R IN THE SAME. son for Cha Additional scoff or revisions per listed ASI°s Change order items d ptlan, d 92/3910Zf, with contractor quotes OHAWGE 1N C®NT CT PRICE: CHANCE IN C®NTRACT TIDES: t}riginal Contract Price $57,317.37 Original Contract Times: Substantial Completion 9215108 Net changes form previous Change Orders Net changes form previous Change Ord®rs No. 0 to 1 No._ to _ {calersdar nays) $7, 797.00 None Cantract Prig Prior to this Change Order. Cantract Times prior to this Change Order. $65 114 37 tcalendar gays or date) , . er2sr2oos Net Increase of this Change Order: Net Increase (decrease} of this Change Order: (calertaar days or date) $750.00 None Contract Pries with all Approved Change Orders: Contract Times with all Approved Change Orders: $65, .37 tcalendardays) ~ubl~tantiai Campletion 8/2>sid008 RECOiENDED: {CONSTRUCTION GER) ACCEPTED: (CONTRACTOR) PetPS ir,C. u3"f5~'tFil~ Land~~e By: Thomas R. Coughli By: Levi u ett Date: - > Date: 'APPROVED: (CCrY PUR ° SING AGE ' COUNCIL APPROVAL ~ = By: Keith watc~ ~ ~ ~a ~ ~- ._. - ~ t -r,,,, - ,'S Date: :•' "' s" ;,~° Dat@: .~° 'J1 APPROVED: {crrv) - ATTESTg T~® ~r~ C 13y: M1Aayor Tammy de Wee By: ity Clerk, Jaya~e Hal an Date: ,, Date: r oy ~ ~ ~~ ~~ ~ s V. .~' '~® T9g~. 's ~,-~~p °~ ~y UiY 1 ` ` Q ®''//~ppP9®dPdld~i of 4g6's4}~t~~\ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 02 PROJECT NO. CH-06-001 DATE: 2/23/2009 EFFECTIVE DATE: CONTRACTOR: Sunshine Landscape PROJECT: MERIDIAN CITY HALL - Phase V -East Parking Lot The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per Clty of Meridian Planning Department request ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI's Attachments: Change order items description, dated 12/31/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $57,317.37 Original Contract Times: Substantial Completion 12/5/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 1 No._ to _ (calendar days) $7,797.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order. (calendar days or date) $65,114.37 8/2si2oos Net Increase of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $750.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $65,864.37 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION GER)~ ~ ACCEPTED: (CONTRACTOR) Petra Inc. -;~ ~ Sunshine Landscape , ~ By: Thomas R. Coughli ` By: Levi uc ett Date: ~~ ,rte ~~ P Date: 3 4 6. APPROVED: (crrr PuRCliASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CIT'Y) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: ~~~`~ CHANGE ORDER ~~~~~ ~~~~~ No. 00002 323-4500 BOISE, IDAHO RCE-1875 Qgfi~R AT CONTRACTORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: Added Honey Locust Tree - Phase V DATE: 2/23/2009 PR07ECT: Meridian City Hall 706: 060675 TO: Attn: Levi Duckett CONTRACT NO: 58 Sunshine Landscape mail: PO Box 724 phys: 850 E. Franklin Dr. Meridian, ID 83680 Phone:208-884-8036 Fax:208-898-9711 RE: CO To: SUNSLAND From: PETRA Number: 00001 DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 Add additional tree in East Parking lot entrance island per City of Meridian 1.000 LS $750.00 0.00% $0.00 $750.00 Planning Department request. This includes furnishing and planting 2" Honey Locust, rearranging the existing plants and sprinkler system and clean-up. Based on Sunshine Quote dated 1-30-09. Unit Cost: $750.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: 0.00 Total: $750.00 The Original Contract Sum was ................................................................................................. $57,317.37 Net Change by Previously Authorized Requests and Changes ................................................ $7,797.00 The Contract Sum Prior to This Change Order was ...................................................... $65,114.37 The Contract Sum Will be Increased ................................................................................... $750.00 The New Contract Sum Including This Change Order ...................................................... $65,864.37 The Contract Time Will Not Be Changed ................................ ................................................. The Date of Substantial Completion as of this Change Order Therefore is ,~ .......................... ACCEPTED: ~~ Sunshine cape Petra Incorporated / LCA A chitects By: sy: ~° &-- 4 sy: }~evi Duckett ~ om ou;~hli Steve Christensen ~ Date: °~ ~ c~,~ Q e~ Date: ~ ~ ~ ~' Date: ~'.LI d~ MERIDIAN CITY HALL PROJECT NO: CH-06-001 SUNSHINE LANDSCAPING (58) -Phase 5 East Parking Lot 02/20/09 CHANGE ORDER NO 2 CHANGE ORDER ITEMS 1 ASI - Add additional tree in East Parking Lot 750.00 entrance island per City of Meridian Planning Dept request. This includes furnishing ~ planting 2" honey locust, rearranging the existing plants & sprinkler system and clean-up. Sunsine quote 1/30 750.00 Page 1 of 1 March 24, 219 Department Reports MERIDIAN CITY COUNCIL MEETING March 24, 200 APPLICANT Purchasing Department ITEM No. 7-A-10 REQUEST Budgeted Contract Amendment No. 1 for Terra West Plaza for $b 1,220.E AGENCY COMMENTS CITY CLERK: See arttached 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: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of fhe City of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 01 PROJECT NO. CH-06-001 DATE; 7@0/09 EFFECTNE DATE: coNTRACroR: Terra west, Inc. PROJECT: MERIDIAN CITY HALL -Plaza The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revlslorns for Misc. ASrs, RFP's & RFI's ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order. Additional scope or revisions per Ilsted ASI's and RFI's Attachments: Change order items description, dated 1/28/09, whit contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $338,000.00 Original Contract Times: Substantial Completion 10/31!08 Net changes form previous Change Orders Net changes form previous Change Orders None $OAO No._ to - (calendar days) None Contract Price Prior to this Change Order. Contract Times prior to this Change Order. $338 000.00 (calendar days or date} , 10/31/2008 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order. $61 220.00 (calendar days or date} , None Contract Price with all Approved Change Orders: Contract Times with alt Approved Change Orders: $399,220.00 (calendar days) Sut:stantial Completion: 10!31/2008 RECOMMENDED: (CONSTRUCTION MANAGER) CCEPTED: (CONTRACTOR°) - Petra Inc. ~~- _ ~ Terra West, Inc. &-`~ ~_ ~~~-=-=~=3' ` By: Thomas R. Coughlt ~'~'- - By'"~+o9e+~ ~~£#° ` Date: `~ -~j <__~ . c ~~- ~_ - - Date; __ APPROVED: (CITY PUR NG AG COUNCIL APP OV L By: Keith Watts ~~~,uut~tt„tr,r 3 ~ ~ ~~ ' Dete: r. ~ ~ Date: ~~e O~9 '~'~i ` APPROVED: (cn~ - ~ ~4 p ti ''~, ATTEST: ; `` By: Mayor Tammy de Weerd ~-~ By: City Clerk, aycee Dolma Date: , ~ Date: '~ f CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CONTRACTOR: Terra West, Inc. PROJECT: MERIDIAN CITY HALL -Plaza Ca91trC,t t ~c.°y - v--~ I ~~ e~~ CHANGE ORDER NO. 01 PROJECT NO. CH-06-001 DATE: 1 /20/09 EFFECTIVE DATE: Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions for Misc. ASI's, RFP's 8 RFI's OTHER TERMS AND CONDITIONS REMAIN THE SAME. for Change Order: Additional scope or revisions per listed ASI's and RFI's auacnments: Change order items description, dated 1/26/09, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $338,000.00 Original Contract Times: Substantial Completion 10/31/08 Net changes form previous Change Orders Net changes form previous Change Orders None $0.00 No._ to _ (calendar days) None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: $338,000.00 (calendar days or date) 10/31 /2008 Net Increase (decrease) of this Change Order: $61,220.00 Contract Price with all Approved Change Orders: RECOMMENDED: (CONSTRUCTION MANAGER) Petra Inc. By: Thomas R. Coughli "--~ Date: ~1~~ APPROVED: (CITY PURCHASING AGENT) By: Keith Watts Date: D: (CITY) - Net Increase (decrease) of this Change Order: (calendar days or date) Contract Times with all Approved Change Orders: (calendar days) Substantial Completion: 10/31/2008 ACCEPTED: (CONTRACTOR ~C~~' Terra West; Inc. By' ~ ~~ ~~i@Y~iivi~ Date: ~~j~I~ / By: Mayor Tammy de Weerd IBy: City Clerk, Jaycee Holman Date: Date: F ~(~~~ 323-4500 BOISE, IDAHO RCE-1875 CHANGE ORDER No. 00001 ~~~~~d~n ~j FEB 13 pppg IDI 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI Pricing Phase N Plaza PR0.7ECT: Meridian City Hall TO: Attn: Cody Echevarria Terra-West mailing : PO Box 904 phy:15977 Gunfire Rd, Caldwell 83607 Eagle, Idaho 83616-0904 Phone:208-459-4477 Fax: 208-459-6211 RE: To: DESCRIPTION OF CHANGE DATE: 1/20/2009 SOB: 060675 CONTRACT NO: 39 From: Number: #em Description 00001 RFP #01-Phase 4 Revised Drawings - 2/22/08 completion of plaza re-design. Add curb, gutter and paving along east edge of plaza, S&G Trap at NW comer. Deduct Z3 LF of valley gutter, Terra West quote 4/30/08, revised = $16,408.OL Demo existlng parking lot approach off Broadway and install new approach. Terra-West Work Order WO-08 dated 8/25/08 = $6,439.00 WO-15 void -scope included in T-W quote dated 4/30 = 0 00002 ASI #88 -Water Feature Revisions (COR #01) 00003 ASI #89R -South Parking Lot Revisions (COR #02). Revised parking lot layout, relocated catch basin. Dug up and move storm existing storm drain line and move to new catch basin location. Terra-West Work Order dated 7/16/08 = $860.00 Dig and backfill trench for conduit for add power receptacles in south parking lot Terra-West Work Order dated 7/17/08. _ $725.00 City Request. 00004 ASI #111-Fait Stairs & Walk (COR #03). Expvate and prep base for new stairs, 2 locations. Terra-West Work Order WO-06, dated 8/6/08. City Request - Building Departrnent. Tax Tax Net QuaMaty Units Unit Prig .Rate Amount Amount 1.000 LS $22,847.00 0.00% $0.00 $22,847.00 1.000 1.000 LS $0.00 0.00% $0.00 LS $1,585.00 0.00% $0.00 $0.00 $1,585.00 1.000 LS $2,328.00 0.00% $0.00 $2,328.00 Unit Cost: $61,220.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0,00 Total: $61,220.00 The Original Contract Sum was ................................................................................................. $338,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $338,000.00 The Contract Sum Will be increased ................................................................................... $61,220.00 The New Contract Sum Including This Change Order ...................................................... $399,220.00 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Terra-W Petra I orporated LCA Ar hitects, ~y: ~ sy: By: Cody Echevarria om Coughlin Steve Christensen Date: ~~'~ ! ~"1 Date: Date: ~ ~~~~ Expedition P ~' ~ ~ CHANGE ORDEF No. 00001 323-4500 Bois, IDAHO RCE-1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI Pricing Phase N Plaza DATE: 1/20/2009 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Cody Echevarria CONTRACT NO: 39 Terra-West mailing : PO Box 904 phy:15977 Gunfire Rd, Caldwell 83607 Eagle, Idaho 83616-0904 Phone:208-459-4477 Fax: 208-459-6211 RE: To: From: Number: DESCRIPTION OF CHANGE Tax Tajo Net Item Description Quantity Units Unit Brice Rate. Ammunt Amount 00005 ASI #112 -Plaza Civil -ACRD Comments (COB #04). RE-prep sidewalk along 1.000 LS $6,450.00 0.00% $0.00 $6,450.00 Meridian Road after irrigation line moved out of landscape area per ACRD request Terra-West Work Order WO-13, dated 9/4/08 = $2,688.00 Ribbon curb & tree wells along Meridian Road frontage induded in original scope. Void. Terra-West Work Order WO-07, dated 7/30/08 = 0.00 Cut bade, demo, re-prep and HMAC pave addition area on Broadway per City request. Terra-West Work Order WO-14 dated 9/10/08 = $3,762.00 ACHD Requirements. 00006 Lower irrigation box at South Parking Lot (COB #05). Sawcut top of box off and 1.000 LS $1,250.00 0.00% $0.00 $1,250.00 replace box cover. Terra-West quote dated 6/26/08. Conshvdion Issue. 00007 ASI #118 -Plaza Light Fxture Locations (COB #07) Terra-West e-mail dated 1.000 LS $0.00 0.00% $0.00 $0.00 12/1/08 00008 ASI #124 -Motorcycle Parking COR#07) Revise standing curb to roil curb and 1.000 LS $166.00 0.00% $0.00 $166.00 ~ add concrete paving: subgrade prep. Terra-West 12/1/08. City Request 0009 ASI #133 -Sidewalk Plates @ West Sidewalk (COB#08) Work Not Done 1.000 LS $0.00 0.00% $0.00 $0.00 0010 ASI #137 -Curb Elevations at Meridian & Broadway (COB#09) Terra-West 1.000 LS $0.00 0.00% $0.00 $0.00 e-mail 12/1/08. Design Issue. 0011 ASI #138 - Cona-ete Dimensions at Plaza dock (COB#10) Move 3 water meter 1.000 LS $3,706.00 0.00% $0.00 $3,706.00 setters at City request due to flagpole & plaza dodo relocation. _ $3,706.00 Ribbon curb & tree wells along Broadway, included in original scope. Void Tenor-West Work Order WO-16, dated 9/19/08 = $0.00 City Request. Unit Cost: $61,220.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: X0.00 Total: $61,220.00 The Original Contract Sum was ................................................................................................. $338,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $338,000.00 The Contract Sum Will be Increased ................................................................................... $61,220.00 The New Contract Sum Including This Change Order ...................................................... $399,220.00 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Terra-West Petra Incorporated LCA^A}~-chitects By: ~ By: By: ~t~1~ oe _~. ,... Cod Echevarria Tom Coughlin ~ Steve Christensen Date: ~1,~ o~ Date: Date: ~'Z-1I6~ Expedition ® Pege 2 of 4 i ' CHANGE ORDEF ~~~~ ,~ No. 0000 ] 323-4500 BOI5B: IDAI-IU RCE-1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI Pricing Phase IV Plaza PROJECT: Meridian City Hall TO: Attn: Cody Echevarria Terra-West mailing : PO Box 904 phy:15977 Gunfire Rd, Caldwell 83607 Eagle, Idaho 83616-0904 Phone:208-459-4477 Fax: 208-459-6211 RE: To: DESCRIPTION OF CHANGE Item Deserit#ton 0012 ASI #145 -South Parking Lot Markings - LEED (COR #13) Add "Low Emission Vehicle" and "Carpool" stall markings per LEED requirements. Terra-West quote 12/29/08. 0013 ASI #147 -Precast Parking Bumpers (COR #15). Furnish and install 16 precast parking bumpers for the south parking lot. Terra-West quote 12/1/08. City Request. 0014 RFI # 212 - ZamZows Drainage (COR #17) Install catch basin, connect to existing irrigation box and patch pavement in ZamZows yard per RFI #212 City Request = $2,682.00 Clean ZamZows yard, grade & place road mix along retaining wall and area drain. Terra-West Work Orders dated 12/11/08 & 12/12/08 = $2,630.00 Complete unsuitable materials removal, grading ad cleanup of ZamZows yard. Terra West Work Orders 1/14, 1/415, 8z 1/16. Work per City agreement with ZamZows = $3,787.00 0015 Haul-in and place topsoil in planters, 116 CY. No topsoil stockpiles per contract documents, say by General Contractor. Terra-West Work Order dated 7/25/08. Construction issue. 0016 Ftgs at Entry Pools and Canal Feature. Dug footings for two entry pools and canal water feature and placed base. Backcharge MR Miller for this work. Terra-West Work Order WO-12, dated 9/4/08., Constructon Issue. DATE: 1/20/2009 70B: 060675 CONTRACT NO: From: Number: 39 Tax 'Pax Net QuaRdlj/ Units Unit Price , Rate Amount Amount: 1.000 LS $971.00 0.00% $0.00 $971.00 1.000 LS $1,382.00 0.00% $0.00 $1,382.00 1.000 LS $9,099.00 0.00% $0.00 $9,099.00 1.000 LS $1,740.00 0.00% $0.00 $1,740.00 1.000 LS $2,400.00 0.00% $0.00 $2,400.00 Unit Cost: $61,220.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $61,220.00 The Original Contract Sum was ................................................................................................. $338,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $338,000.00 The Contract Sum Will be Increased ................................................................................... $61,220.00 The New Contract Sum Including This Change Order ...................................................... $399,220.00 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Terra-West Petra Incorporated LCA ArFhitects By: By: By: (p ~ _ _ e Cody Echevarria Date: Expedition Tom Coughlin Date: Steve Christensen Date: t I ~~ I~7Ct Page 3 of 4 C~~=~~~ ~ ~7~ 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI Pricing Phase N Plaza PR07ECT: Meridian City Hall TO: Attn: Cody Echevarria Terra-West mailing : PO Box 904 phy:15977 Gunfire Rd, Caldwell 83607 Eagle, Idaho 83616-0904 Phone:208-459-4477 Fax: 208-459-6211 RE: To: DESCRIPTION OF CHANGE DATE: 1/20/2009 )OB: 060675 CONTRACT NO: 39 From: Number: Item Description 0017 Cleaned & bladed UPRR Right-of-Way, placed 4 loads of road-mix, graded an rolled per City request. Terra-West Work Order WO-18, dated 10/10/08. 0018 Backcharge for removing and resetting formwork due to incorrect elevations on subgrade prep . Axelsen DFA 9/17/08. Construction Issue. 0019 Install overFlow drain from plaza water works holding tank to irrigation box with 12" dia. pipe, approx. 50LF. Terra-West quote 12/29/08, rev. 1/19/09. Construction Issue & Owner Request. 0020 Backcharge for rough grading on Ph 5 Fast Parking Lot islands done by Sunshine Landscape. Per agreement to save bring machines back on site. Sunshine landscaping invoice #29017, dated 12/19/08. Consbvction Issue, 0021 Badccharge for concrete paving placed a 2nd time due to light pole base being knocked out of plumb by Terra-West. Axelsen Concrete DFA dated 10/1/08. Tax Taix PlFet Quantity Units Unit Price.. Rate Amau~tt Amount 1.000 LS $1,787.00 0.00% $0.00 $1,787.00 1.000 LS ($360.00) 0.00% $0.00 ($360.00) 1.000 LS $6,724.00 0.00% $0.00 $6,724.00 1.000 LS ($547.00) 0.00% $0.00 ($547.00) 1.000 LS ($308.00) 0.00% $0.00 ($308.00) Unit Cost: $61,220.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $61,220.00 The Original Contract Sum was ................................................................................................. $338,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $338,000.00 The Contract Sum Will be Increased ................................................................................... $61,220.00 The New Contract Sum Including This Change Order ...................................................... $399,220.00 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Terra-West Petra Incorporated LCA chitects, By: Cody Echevarria Date: Expedition By: Tom Coughlin Date: By: ~~'~ Steve Christensen Date: ` I ~-~, Page 4 of 4 7 ' MERIDIAN CITY HALL PROJECT NO: CH-06-001 TERRA-WEST INC (39) -Phase IV Plaza 01/26/09 CHANGE ORDER NO 1 CHANGE ORDER ITEMS 1 RFP 01 Phase 4 Revised Drawings - 2/22/08 Completion of Plaza Design - Add curb, gutter & paving along east 16,408.00 edge of plaza, S&G Trap at NW comer Deduct 23 LF of valley gutter Terra West quote 4/30/08, revised - Demo existing parking lot approach off Broadway 6,439.00 and install new approach. Terra-West work order WO-08 dated 8/25/08 - WO-15 void, scope included in T-W quote dated 4/30 - $ 22,847.00 2 ASI 88 Water Feature Revisions (COR#01) $ _ 3 ASI 89R South Parking Lot Revisions (COR#02) - Revised parking lot layout, relocated catch basin 860.00 Dug up & move storm exisiting storm drain line & move to new catch basin location Terra-West work order dated 7/16/08 - Dig & backfill trench for conduit for add power 725.00 receptacles in south parking lot. Terra-West work order dated 7/17. City Request $ 1, 585.00 4 ASI 111 Exit Stairs & Walk (COR#03) $ 2,328.00 Excavate & prep base for new stairs, 2 locations Terra-West work order WO-06, dated 8/6/08 City Request -Bldg/Fire Dept requirement 5 ASI 112 Plaza Civil -ACRD Comments (COR#04) - Re-prep sidewalk along Meridian Rd after irriigation line 2,688.00 moved out of landscape area per ACHD request. Terra-West work order WO-13, dated 9/4/08 - Ribbon curb & tree wells along Meridian Rd frontage _ included in original scope. Void, Terra-West work order WO-07, dated 7/30/08 - Cut back, demo, reprep and HMAC pave addition area 3,762.00 on Broadway per City request. Terra-West work order WO-14, dated 9/10/08 ACHD Requirements $ 6,450.00 6 - - Lower Irrigation Box @ South Parking Lot (COR#05) $ 1,250.00 Sawcut top of box off and replace box cover Terra-West quote 6/26/08. Construction Issue 7 ASI 118 Plaza Light Fixture Locations (COR#06) $ _ Terra-West email 12/1 8 ASI 124 Motorcycle Parking (COR#07) $ 166.00 Revise standing curb to roll curb and add concrete paving; subgrade prep. Terra-West quote 12/1/08 City Request 9 ASI 133 Sidewalk Plates @ West Sidewalk (COR#08) VOID Work not done 10 ASI 137 Curb Elevations @ Meridian & Broadway (COR#09) $ _ Terra-West email 12/1/08. Design Issue 11 ASI 138 Concrete Dimensions @ Plaza Clock (COR#10) Page 1 of 2 ,~ CHANGE ORDER ITEMS - Move 3 water meter setters at city request due to 3,706.00 flagpole & plaza clock relocation. Terra-West work order WO-11, dated 8/28/08. City Request - Ribbon curb & tree wells along Broadway, included in _ original scope; Void Terra-West work order WO-16, dated 9/19/08 $ 3,706.00 12 ASI 145 South Parking Lot Markings -LEED (COR#13) $ 971 00 Add "Low Emission Vehicle" and "Carpool" stall . markings per LEED requirements Terra-West quote 12/29/08 13 ASI 147 Precast Parking Bumpers(COR#15) $ 1 382.00 Furnish & install 16 precast parking bumpers for , the south parking lot. Terra-West quote 12/1/08 City Request 14 RFI 212 Zamzows Drainage (COR#17) - Install catch basin, connect to existing irrigation box 2,682.00 and patch pavement in Zamzows yard per RFI-212 City Request - Cleanup Zamzows yard, grade & place road mix along 2,630.00 retaining wall and area drain. Terra-West work orders dated 12/11 & 12/12/08. - Complete unsuitable mat! removal, grading and 3,787.00 cleanup of Zamzows yard. Terra-West work orders 1/14, 1/15 & 1/16 Work per City agreement with Zamzows. $ 9,099.00 15 Haul-in and place topsoil in planters, 116 CY. $ 1 740.00 No topsoil stockpiles per contract documents, say , by general contractor Terra-West work order dated 7/25. Construction Issue 16 Ftgs @ Entry Pools & Canal Feature $ 2 400 00 Dug footings for two entry pools and cane! water feature , . and placed base. Backcharge MR Miller for this work Terra-West work order WO-12, dated 9/4/08. Constrution Issue 17 Cleaned & bladed UPRR Right-of--Way, placed 4 loads $ 1 787 00 of road-mix, graded and rolled per city request. , . Terra-West work order WO-18, dated 10!10/08 18 Backcharge for removing and resetting formwork due to $ (360.00) incorrect elevations on subgrade prep. Axelsen DFA 9/17/08. Construction Issue 19 Install overflow drain from plaza water works $ 6 724 00 holding tank to irrigation box with 12" dia pipe, approx 50 LF. , . Terra-West quote 12/29/08, rev 1/19/09. Construction Issue 8 Owner Request 20 Backcharge for rough grading on Ph 5 East Parking Lot $ (547.00) islands done by Sunshine Landscape. Per agreement to save bring machines back on site. Sunshine Landscaping invoice #29017, dated 12/19/08 Construction Issue 21 Backcharge for concrete paving placed a 2nd time due to light $ (308.00) pole base knocked out of plumb by Terra-West Axelsen Concrete DFA date 10/1/08. $ 61,220.00 Page 2 of 2 March 24, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT Purchasing Department ITEM NO. 7-A-11 REQUEST Budgeted Contract Amendment No. 5 for TriState Electric for $37,514.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emaited: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CI O~ ERi®i~IV 33 EAST i®AH® ERi®iAlml, I® 93642 BUDGETED CONTRACT APtIENDMENT hi®. 0~ PRO.tECT No. CFi>06-Q01 -~~ UGETE ~ `T CT EN ENT GGNTRAGTOR: TRi STATE ELECTRIC PROJEGT: ~AERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the fallowing changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's #163 ~ #165R OTHER T SAND CONDITIONS REINAIN THE SAf~E. .on for Budgeted Contract Amendment: Additional scope or revisions per listed ASI's, RFl & Changes Change items description, dated 1!20/09, with contractor quotes CHANGE tN CONTRACT PRICE: CHANGE IN C®NTi~ACT TRIES: Original rrt~ntraCt Price $2,749,895.4!7 Original Contract Times: Substantial Completion 8128/08 Net changes form previous Budgeted Contract Amendment Net changes form previous Budgeted Contract Amendm®nt: No. 49 to t34 $104,388.74 No._ to _ {calendar days) None Contract price Prier to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: $2,854,283.7$ (~nlendandays or date) Net Increase ( ) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (catertdar days or date) $37,514.{?(} None ~4ntraCt PrICe Wltti all Aporoved BudtlEted CafilFAP} ~°....e.~.w r ............:.L _~~ .-_---._ ... . _ 32,891,797.74 (calentlar days) Substantial C®rrl~ieti®It 9/29/20!}9 RECOftflMENDED: {CONSTRUCTION ACCEPTED: (CONTRACTOR) Peh'a InC. ~'' '~ TIE w{~%~ ~i~~„~~i~ By: Thomas R. oughiin ~,.F' Date: ° ~ B y: Jay Goode ~ ~ ~ ' g` Date: ~ ~~2~ _ ~,. b®r C APPROVED: (CITY PURCHAS.~3G Ao`u~EtdT~ x GOUNGIL APPROVAL ~F" y ~' <~3~~. By: I6eith Watts ~ ~ ~;~` ~° ,`~ l~fsy P °'~ ~ B Date: ~ F ~ ~ ~ ~ >i Date: ~°°`~-` ~`~° ''',' APPROVED: (CITY) -, _,,. ~ ®~ ~. . ATTEST: / ~, F By: Iviayor Tamm de Weerd By: City Clerk Jayraee F~lman Date: , nj, Date: L= ~ < ~~ ~ ,`~ q. g l '~/ ® 1 ~ ' ~~ ® ~~ gg ~f ~~ t ~~~ - ~'~~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.05 PROJECT NO. CH-06-001 DATE: 1 /21 /09 EFFECTIVE DATE: CONTRACTOR: TRI STATE ELECTRIC PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's #163 >li #165R ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI's, RFI 8 Changes Attachments: Change Items description, dated 1/20/09, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $2,749,895.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 04 No._ to _ (calendar days) $104,388.74 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $2, 854,283.74 8/28/2008 Net Increase (deei~e) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $37, 514.00 None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: (glendar days) $2,891,797.74 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION ACCEPTED: (CONTRACTOR) Petra Inc. By: Thomas R. oughlin Tri State Ele ric By: Jay Goode ~ ~ Date: ® ~~ ~~ Date: G ~ ~ ~- ~~la~ ~ APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (cn~ - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: Ci'~iyr-~i~ ~'r - CONTRACTORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI #163, #165R -Phase III DATE: 1/21/2009 PR07ECT: Meridian City Hall SOB: 060675 TO: Attn: Jay Gooden CONTRACT NO: 34 Tri State Electric 7790 Mossy Cup Boise, ID 83709 Phone:208-362-4636 Fax:208-362-1716 RE: CO To: TRISTA From: CITYMER Number: 00004 QESCRIPTION OF CHANGE;.. , . **All taxes are included in costs** Tav< Tax Net Item Descripti~-n Quantity Units Unit Price Rate Amount Amount 00001 ASI#163 - C02 Sensors in AHU Retum Air Ducts (COR #81) No work required 1.000 iS $0.00 0.00% $0.00 $0.00 00002 ASI #165R -Emergency Power Connection at Communiptions Rooms (COR 1.000 LS $37,514.00 0.00% $0.00 $37,514.00 #83) Provide emergency power arcuit to each of the telecommuniptions rooms. Tri-State quote 9/26/08 reconfirmed. City Request. Unit Cost: $37,514.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $37,514.00 The Original Contract Sum was ................................................................................................. $2,749,895.00 Net Change by Previously Authorized Requests and Changes ................................................ $104,388.74 The Contract Sum Prior to This Change Order was ...................................................... $2,854,283.74 The Contract Sum Will be Increased ................................................................................... $37,514.00 The New Contract Sum Including This Change Order ...................................................... $2,891,797.74 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore is- . .............................. Tri Sta Ele tric G~i LCA Ar itects, Jay Gooden Steve Christensen Date: ®L ~ ~ Date: / Z ~f % Date: t ~ ~~ I~ h c~ Expedition MERIDIAN CITY HALL PROJECT NO: CH=06-001 TRI-STATE ELECTRIC -Phase 3 (34) CHANGE ORDER NO 5 01 /20/09 CHANGE ORDER ITEMS 1 ASI 163 CO2 Sensors in AHU Retum Air Ducts (COR#81) $ _ No work required 3 ASI 165R Emergency Power Connection @ Communications $ 37,514.00 Rooms (COR#83) Provide emergency power circuit to each of the telecommunications rooms. Tri-State quote 9/26/08, reconfirmed $ 37,514.00 Page 1 of 1 March 24, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT Purchasing Department ITEM NO. ~~ ~ - 12 REQUEST Deductive Contract Amendment No. 9 for Architectural Building Supply for ($365.00 AGENCY COMMENTS CITY CLERK: See aliached 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 PAST OFFICE: OTHER: Contac#ed: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.09 PROJECT NO. CH-06-001 DATE: 9J25/09 EFFECTIVE DATE: CONTRACTOR: ABS PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor Is hereby directed to make the following changes from the Contract Documents and Pierre. Description: Incorporate revisions per door schedule changes ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revlslorrs per hated ASI & Add of lockset Attachments: Change Items description, dated 1/71iJ09, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $277,230.00 Original Contract Times: substantial Completion tu28/o8 Net changes form previous Budgeted Contract Amendmerrt N~ changes form previous Budgeted Contract Amendment: No. 01 to 07 No._ to _ (calendar days) $29,390.00 None Contract Price Prior to this Budgeted Contract Amendmer~ Contract Times prior to this Budgeted Contract Amendmer~ (~ ~ ~ ~) $306,620.00 ei2arzoos Net decrease of this Budgeted Contrail Amendment: Net Increase (decrease) of this Budgeted Contrail Amendment: (~~~) {$365.00) None Contrail PNce with all Approved Budgeted Contrail Contrail Times with all Approved Budgeted Contrail Amendmern: Amendment: (calendar days) 5306,255.00 SuLtstantiaf Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION NIAN~ EPTED: (CONTRACTOR) Petra Inc. ~ ~~ '° Architectural Building Supply By: Thomas R. Coughlin ~ By: Stewart Data: ~~~ D~ APPROVED: (CITY PURC At3 COUNCIL APPROVAL By: Keith Watts ~ ~~ M i, Of ~ 3 -~~ ~ 0 ~ Date: J? ''7`°'~ b ~, f-~b~ _ ' /q~j,%. 1 Date: C~~`'_ ~ ~ T PROVED: (CITY).-. ... _ _.: ATTEST: ~ ~ !» By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman ~ Date: ~ per. ,, C1 7 $ .~ /~ ~ 1S ``1 Pd~f a p ~ ``,\ '``PFp~FPFi E#617 E5.S~~~`` Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann, Gene Bennett Date: March 20, 2009 Re: March 24 City Council Meeting Agenda Items -Additional The Purchasing Department respectfully requests that the following item be placed on the March 24, 2009 City Council Agenda Department Reports for Council's consideration. Multiple Budgeted Contract Amendments for the New City Hall Building Architectural Building Supply -Deductive Contract Amendment No. 9 - ($365.00) Buss Mechanical -Deductive Contract Amendment No 7 - ($1,026.00) Commercial Painting -Budgeted Contract Amendment No 7 - $2,412.00 Simplex Grinnell -Deductive Contract Amendment No 5 - ($1,026.00) Rule Steel -Budgeted Contract Amendment No 2 - $43,719.00 Rule Steel -Deductive Contract Amendment No 1- ($15,750.00) TriState Electric -Deductive Contract Amendment No 5 - ($1,026.00) Recommended Council Action: Approve Multiple Change Orders for additional work for aNot-To-Exceed amounts listed above for a total amount of $26,938.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.09 PROJECT NO. CH-06-001 DATE: 2/25/09 EFFECTIVE DATE: CONTRACTOR: ABS PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per door schedule changes ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI 8 Add of lockset Attachment: Change Items description, dated 1/16109, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $277,230.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 07 No._ to _ (calendar days) $29,390.00 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $306,620.00 ai2s/2oos Net decrease of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) ($365.00) None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: (calendar days) $306,255.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MA 6ER~ ~ " CEPTED: (CONTRACTOR) Petra Inc. ~~ ~ ~ Architectural Building Supply By: Thomas R. Coughlin a D t ~~ ~ By: Stewart ns n D a e: ~ at ~ ~~ APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: ~~~~ CHANGE ORDER No. 00009 323-4500 BOISE, IDAHO RCE-1875 ~~~[~C~On~~ MAR 2 0 2009 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: TITLE: Drywall Replaee & Repair PROJECT: Meridian City Hall TO: Attn: Stewart Jensen Architectural Building Supply 960 E. Franklin Rd. Meridian, ID 83642 Phone:208-884-8917 Fax:208-884-5641 RE: To: From: DESCRL~7`ION ~=~OF CHANGE **All taxes are included in costs** Item- Description 00001 Drywall replacement and repair due to frame size for windows at server room. One half the cost of ANC DFA 45, dated 8/15/08; this DFA included the cost for enclosing the exposed piping for the fire protectlon and plumbing lines per City request. DATE: 2/4/2009 JOB: 060675 CONTRACT NO: 22 Number: Tax Tax Net Quantity Units unit Price Rate Amnunt Amount 1.000 LS ($365.00) 0.00% $0.00 ($365.00) Unit Cost: ($365.00) Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0 00 Total: ($365.00) The Original Contract Sum was ................................................................................................. Net Change by Previously Authorized Requests and Changes ................................................ $277,230.00 $29,390.00 The Contract Sum Prior to This Change Order was ...................................................... $306 620.00 The Contract Sum Will be Decreased .............. . , ($365 00 . ................................................................... The New Contract Sum Including This Change Order ...................................................... . ) $306 255.00 The Contract Time Will Not Be Changed ................................................................................. , The Date of Substantial Completion as of this Change Order Therefore is; ~ ............................. ACCEPTED: Architect d' Su y Petra BY~ y: Ste Je Date: ~j~. ~ ~' Date: Expedition March 24, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT Purchasing Department ITEM No. 7-A-13 REQUEST Deductive Contract Amendment No. 7 for Buss Mechanical for $1,026.00 '- AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Date: Phone: Staff Initials: Materials presented at pubUc meetings shall become property of the City of Meridian. CITY ~F ERI® 33 ST I® ~ nAERI® , 0® 2 BUDGETED CONTRACT AAAENDMENT NO, 07 (PROJECT NO. CH -ti0~ I DATE: 2110/09 ~ LJ V b 19 B ~^n ,pm~p,~~,€3g*~$ pyw~ ~q/e^q-yip p g1~ g GVI®TIOPiU1Mfi:. Cd%tiel B1ffS`~S-E8°23~3~A8°'2&~. PR®JECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements Contractor is hereby directed to make the following cttan~s from ttse Contract Documents and Plans. ription: Incorporate revisions: Int date to trade . AI.L OTMER TE AND CONDI'PION3 N Tl$E E. R on for 13udgated Co Amendment: Add scope or revisions per listed ASI°s ctimerrts: Change description, dated 2H0/i19. CHANGE IN C®NT CT PRICE: C GE IN C®NTRACT TIAAES: ®rigirta) COtttfdGt Price $953,385.00 Original Contrail Times: Substantial Completion 8128/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 t0 06 Na.~ to - (calendar days} $55,229.00 None Contract Price Prior to this Budgeted Contract Amendment Contract Times prior to this Budgeted Cantract Amendment: (calendar days w date} $1,008,614.D0 8/21312008 Net decrease of this Budgeted Contract Amendment: Net increase (decrease) of this Budgeted Contract Amendment: (calendar days or date} `~1,D2s.aD, Nane Contract Prics wiUt all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment Amendment: {caier~ar days} 1,~a7, .oo subatantiial Corr~plt~tl~rt >31Z8/2~8 REC ENDS®: {CONSTRUCTM?N ACCEPTED: ;CONTRACTOR} Petra lnc. ~t,I~,~ ~~~~l~~I~i~~i .----~ By: Thomas R. Coughlin By: Jahn Buss Date: Date. ~ APPROVED: (CITY PURCFIASING A~nEN~''- ~*~- ,~ .. COUNCIL APPROVAL -y 5~ ~ ~ 3 ~ 3 ~991i1!!Jtl/ ,,~` <._ `` tom; ey: Keith Watts /® w ~ ~~l~ A~~ii a ~ ` Date: ~ ~''~ Date: `~ '~, %. ~~- APPROVED: (CrTlr} - ATTEST: '" By: RAayor Tammy de Weerd • By: City Clerk, Jaycee F~aiman ~ ", ' ~ ~ ' ~ Date Date: ° ~.<* ~ ~, ~ /,`tJfJJI!!i 1111i,~1~, CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.07 PROJECT NO. CH-06-001 DATE: 2/10/09 EFFECTIVE DATE: CONTRACTOR: BUSS MECHANICAL PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions: repaint due to trade damage. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI's Attachments: Change Items description, dated 2/10/09. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $953,385.00 Original Contrail Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contrail Amendment: Net changes form previous Budgeted Contrail Amendment: No. 01 to O8 No._ to _ (calendar days) $55,229.00 None Contrail Price Prior to this Budgeted Contrail Amendment: Contrail Times prior to this Budgeted Contrail Amendment: (calendar days or date) $1,008,614.00 s/28/loos Net decrease of this Budgeted Contrail Amendment: Net Increase (decrease) of this Budgeted Contrail Amendment: (calendar days or date) ($1,026.00) None Contrail Price with alt Approved Budgeted Contrail Contrail Times with all Approved Budgeted Contrail Amendment: Amendment: (calendar days) $1,007,588.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MAN r A CCEPTED: (CONTRACTOR) Petra Inc. ' ~ ~ ~' Buss Mechanical ~~ By: Thomas R. Coughlin O ~~`°-~ ~~ ~ By: John Buss Date: ~~~ ~ ~ Date ~ o APPROVED: (CITY PURCHASING AGENT] COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: TITLE: Items Back-charged for damage PRO,ECT: Meridian City Hall TO: Attn: John Buss Buss Mechanical PO BOX 190476 phys: 4471 S. Henry Boise, ID 83719 Phone:208-562-0600 Fax:208-562-0555 RE: CO To: BUSS DESCRIPTION:OF CHANGE DATE: 2/10/2009 SOB: 060675 CHANGE ORDER CONTRACT NO: 32 Number: 00001 From: PETRA The following CO is for your records and reflects previously approved changes to the scope of work. Please sign and return to our ofFce within 3 business days. Tax Tax Net It~~n De~crip~ipn Quantity Units Uni#-.Price Rate Amount Amount 00001 Repainting due to trade damage - eriual share of damage. 1.000 LS ($1,026.00) 0.00% $0.00 ($1,026.00) Unit Cost: ($1,026.00) Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0 00 Total: ($1,026.00) The Original Contract Sum was ............................................................. Net Change bq Previously Authorized Requests and Changes ............ .................................... ................................ $953,385.00 $55 229 00 The Contract Sum Prior to This Change Order was .................. .... .................................... , . $1 008 614 00 The Contract Sum Will be Decreased ............ , , . ................................... The New Contract Sum Including This Change Order .................................... ($1,026.00) ,,,,,,,,,,,,,,,,,, The Contract Time Will Not Be Changed .......................................... ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, $1,007,588.00 ... The Date of Substantial Completion as of this Chan e Order Th f .................................... i g ere ore s ...................... .. ACCEPT Buss h ni I a By: q Jo Buss Date: ,3 l~3 01 Expedition Petra Incorporated ~ LCA A~ chitect ~ By: ~ °~ ` ~~- By: Tom Co ' ~ ~ Steve Christensen Date: ~ ~~ ~ Date: ~..L, o 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE• (208) 323-4500 • FAX• (208) 323-4507 March 24, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT Purchasing Department ITEM NO. 7-A-14 REQUEST Budgeted Contract Amendment No. 7 for Commercial Painting for $2,412.00 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 W EST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubdc meetings shah become property of the City of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.07 PROJECT NO. CH-06-001 DATE: 3N2/09 EFFECTIVE DATE: CONTRACTOR: COMMERCIAL PAINTING PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor Is hereby directed to make the following changes from the Contract Documents and Plaits. Description: Incorporate revisions per additlonal work required ALL OTHER TERMS AND CONDRIONS REMAIN THE SAME Reason for Budge>ed Contract Amendment: Additional pait~ng and prep work Atffichments: Change Items descHptlon, da~i 3H 1109, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $151,275.00 Original contract Times: Substantial Completion tU28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment No. 01 to 05 Na._ to _ (calendar days) $29,063.00 Norre Contract Price Prior to this Budgeted Contract Amendment Contract Times prior to this Budgeted Contrail Amendment: (calendar days or date) $180,338.00 sne/20os Net increase (decrease) of this Budgeted Contract Amendment Net Incn3ase (decrease) of this Budgeted Contrail Amendment (calendar days or date) $2,412.00 None Contrail Prime with aA Approved Budgeted Contrail Contract Timms with all Approved Budgeted Contrail Amendment Amendment (calendar days) _ $182,750.00 Substantial Completion 008 RECOMMENDED: (CONSTRUCTION ER) ~ ACCEPTED: (CONTRACTOR) f' Petra Inc. ~„~ , ~,~•' ~ ~ ~, °° s ~~~ ~~~~w~~~~1€~~:~tr~,~ By: Thomas R. Coughl ~ ~ By: Keith Martin Date: 1 Date: :_ APPROVED: (CITY PURL ING AG COUNCIL APPROVAL By: iceiw woos .,,,1' 3 - a y -~ ~''~' °F MIER/~q~,,~~~ POR Date: ~ o ~ / _ b -l Date: ~~. OQt A TF~ APPROVED: (CI ATTEST: _ ~ '®~ ~~ '' 1 By: Mayor Tammy de W rd By: City Clerk, eyt~ HolmarF Date• y ° ,~ Date. ~ ~` O a ®`,, F, ~+.d~® CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.07 PROJECT NO. CH-06-001 DATE: 3/12/09 EFFECTNE DATE: CONTRACTOR: COMMERCIAL PAINTING PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per additional work required ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional painting and prep work Attachments: Change Items description, dated 3/11/09, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $151,275.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 05 No._ to _ (calendar days) $29,063.00 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $180,338.00 8/2e/2oos Net Increase (desrease) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $2,412.00 None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: (glendar days) $182,750.00 Substantial Completion 8%28/2008 RECOMMENDED: (CONSTRUCTION ER) ACCEPTED: (CONTRACTOR) i Petra Inc. ~ By: Thomas R. Coughli `" ~ Commercial Painting By: Keith Martin Date: d ~ Date: ~ _~ ~_ ~ APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: 323-4500 BOISE, IDAHO CHANGE ORDER ~ ~ ~ No. 00007 MAR 2 d 2009 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323507 TITLE: Additional Painting & Prep Work DATE: 3/12/2009 PRO]ECT: Meridian City Hall 30B: 050675 TO: Attn: Keith Martin Commercial Painting Contractors, Inc P.O. Box 1115 phys: 16531 Plum Rd. Caldwell, 83607 Caldwell, Idaho 83606 Phone: 208-453-1898 Fax: 208-455-7537 RE: CO To: COMPAI DESCRP''RON aF CHANGIE __ ___._ **All taxes are included in costs** CONTRACT NO: 28 From: CIiYMER Number: 00006 Tax Tax- ,:Net. ,Item Description Quantity:.Units Unit Price Rate -Amount Amount: 00001 Additional painting and prep work on stairs, done on Rule Steel's request and 1.000 LS $2,412.00 0.00% $0.00 $2,412.00 behalf. Rule Steel badccharged per Rule Steel Change Order No. 93. Commercial Painting Invoice No. 3381 dated 10/10/09. Unit Cost: $2,412.00 Unit Tax: $0,00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0 00 Total: $2,412.00 The Original Contract Sum was ................................................................................................. Net Change by Previously Authorized Requests and Changes ................................... . $151,275.00 $29 063 00 The Contract Sum Prior to This Change Order was . ........... , . The Contract Sum Will be Increased ...................................................... $180,338.00 ................................................................................... The New Contract Sum Including This Change Order $2,412.00 .............................................:........ The Contract Time Will Not Be Changed .............. . $182,750.00 . ... The ©abe of SubslaM3a1 Completicln as of this Change ~• .............................................................. Order 77serefor+e is ~ ........................... . Commercial By: Inc Petra By: Keith Martin Date: ~ ~~.~~ Date: Expedition LCA Aitects, P t~ sy: ~_ ~ Steve Christensen ~~, Date: .y, / i 3~ dr'1 MERIDIAN CITY HALL PROJECT NO: CH-06-001 COMMERCIAL PAINTING CONTRACTORS -Phase 3 (28) CHANGE ORDER NO 7 03/11 /09 CHANGE ORDER ITEMS 1 Additional painting and prep work on stairs, done. 2,412.00 on Rule Steels request and behalf, Rule Steel backcharged per Rule Steel CO#3. Com Paint invoice #3391, dated 10/10/08 2,412.00 Page 1 of 1 March 24, 2009 Department Reports MERIDIAN CITY COUNCIt MEETING March 24, 2009 APPLICANT Purchasing Department ITEM No. 7-A-15 REQUEST Deductive Gontract Amendment No. 5 for Simplex Grinnell for $1,026.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeflngs shah become property of the City of Merfdtan. CI7°Y ~ ERI®IAN 33 S'T 1® II~ERI® , !®6 CONTRACTOR: ~IF~L~~ ~IP~~6~~L~ PROJECT: PuIERIDIAN CITY HALL - Phase 3 Tenant Improvemtrnts Con or i$ heraYby directed to rrtak® th® fotlowing changes from Contract Documents and Plans. mription: Inco revisions: irtt due to trade damag®. AFL OTHER TE AtdD CONDITI S AIN T!#E S E. n for Budgeted Contract Amendment: Itlana! scope or rev~ione per Itst®d ASI A mer-ts: Cha Items description, dated 2/SOd09. CN ~E IN C®NTRACT PRICE: CHANt3E iN CONT~4CT TIMES: ~3iiginal Contract Price $492,879.4p Original Contract Times: Substantial Completion 8!28108 Net d of this Budgeted Cantraot Amendmenh Contract Price w)th ail ADDroved Budgeted Contract 141.52 il+4ayor Taeitmy de '; BU®Gi=TED CONTRACT AMENLOAENT N®. 05 'PROJECT No. CH-06-001 'r~erE. ewnrnn Net Increase {decrease) of th~ Budgeted Contract Amendment: (calendar days ar date) with aU Approved Budgeted Contract Sys? intial C®mpletian City Clerk, Jayr~e Holrt~xn e: ~~ Ana 9~ ~ a 'yid ~ p' b 9 $m f~gff~t89t{7dtiitEt§;gp4.Ee CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.05 PROJECT NO. CH-O6-001 DATE: 2/10/09 EFFECTIVE DATE: CONTRACTOR: SIMPLEX GRINNELL PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions: repaint due to trade damage. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI Attachments: Change Items description, dated 2110/09. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $412,879.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 04 No._ to _ (calendar days) $28,288.52 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $441,167.52 8/28/2oos Net decrease of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) ($1,026.00) None Contract Price with all Approved Budgeted Contract Contract Times with ail Approved Budgeted Contract Amendment: Amendment: (glendar days) $440,141.52 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MA ER) Petra Inc. ~ ~ ACCEPTED: (CONTRACTOR Simplex Grinnell ~ ~ By: Thomas R. Coughlin % By: Brad B enco Date: q~ Date: ~ `Cf APPROVED: (CITY URCHASING AGENT) COUNC APP OVAL By: Keith Watts Date: Date: APPROVED: (cnY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: Repaint due to trade damage DATE: 2/10/2009 PROJECT: Meridian City Hall .7OB: 060675 TO: Attn: Brad Bettencourt CONTRACT NO: 31 Simplex Grinnell LP 12443 West Executive Drive Boise, ID 83713 Phone:208-376-2111 Fax:208-376-2192 RE: To: From: Number: DESCRIPTION OF _CHANGE The following CO is for your records and reflects previously approved changes to the scope of work. Please sign and return to our office within 3 business days. 'Tax Tax Net ItQm Description QPa.IR#ity Units Unit Price.. Rate Amaunt l0-mount 00001 Repaint due to trade damage -equal share of damage. 1.000 LS ($1,026.00) 0.00% $0.00 ($1,026.00) Unit Cost: ($1,026.00) Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0 00 Total: ($1,026.00) The Original Contract Sum was ................................................................................................. $412,879.00 Net Change by Previously Authorized Requests and Changes ................................................ $28,288.52 The Contract Sum Prior to This Change Order was ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, $441,167.52 The Contract Sum Will be Decreased ................................................................................... ($1,026.00) The New Contract Sum Including This Change Order ...................................................... $440,141.52 The Contract Time Will Not Be C anged ................................................................................. The Date of Substantial C m~ql ion as of this Change Order Thgrefore is,~ .............................. Simplex ~ inn Il U Petra Incor_pora s ~~`~ LCA Architects, P By' DY~ '~,- ~ B Y~ _ e To Co in ~ Steve Christensen Date: ~ Date: ~ ~ Date: ~~~~ D Expedition March 24, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT Purchasing Department ITEM No. 7-A-16 REQUEST Budgeted Contract Amendment No. 2 with Rule Steel for $43,719.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Sep attached Contacted: Date: Phone: Emaiied: Staff Initials: Materials presented at pubNc meetings shag bec~ne prop®rty of the City at Meridian. C ~ SRI®f~N ®~ 33 Sp~g' IfJy~pfi ag F~f~6if® 1®' ffJ ®3 L CHANGE ORDER NO. 02 PROJECT NO. CH -001 DATE: OS/90lOt3 EFFECTIVE DATE: ~ ~ C04dTRACT®I~: Rl1~E STEEL. PR®JEC7: MERIDIAN CITY HALL -Phase 2 Core & Shell Contractor is hereby directed to melee the tollawing cha from the C ®ocuments and Plans. :ription: 1 r®visions per AS1's 93, 52, b4 and Rt=i's 73, 74, J3 per attar PC~2, 4Rlo>$ OTHER TE S D COtdDITION^~ AIPJ THE ~ E. ron for Change ®rder: Additional scoff or revisions per I ASI AIdD RFI Change order items description, dates 415lt18, with contractor quotes CH GE IN C®RST CT PRICE: C GE IN C®NT C'T MMES: ~rigirlal COntfclCt I~riCe $1,$47,000.00 Original Contra# Times: Substantial Completion 9015/07 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 t0 0! No._ to _ (calendar days) ~35,7~.00 None Contract Price Prior to this Change Order. Contract Times prior to this Change Order. (cat~dar days eu date) $9 ,5~2,766.Q0 9 [)!5/2007 Net Increase (decrease} of this Change Order. Net Increase (decrease} of this Change Order: (calendmmr days or date) ~,7 ~ 9,00 None Contract Price with all Approved Change Orders: Contract Timers with all Approved Change Orders: tcalendardays) $1,92& 5Q00 Ste ntfaf Com~letfoa110/5f07 RECOMMENDED: {coNSTRUCTioN ccEPTED: {coNT oR> f~etra Inc. - '' Rube Steel ey: Thomas R. Cougnrn~°"'/ By: Ron Allen Date: Date: .,: k APPROVED: {Cn'Y PURL lPI AG!_ ~ COUNCIL APPROVAL ~,,.~., ~~ ~ By: ICeittt Watts , /~ ( l „~~ Date: ~ " e'.vp'~r.,, ps°~~~f ~ , t e e y r '( , / Date: ~ - 1`® ' ` t¢ ( j r` ® i 13y: Mayor Tammy de W, erd Ry: C Y Clerk, y olma _ Date: Date: cy ' ~ ~~ °~® T f S°~~,~® iuyi n. rcvSnRty STREET' • MERIDIAN ID 83642 • PHONE: 208 323-4500 • FAX: 208) 323-4507 TIT~~ ASI & RF! Revisions DA's: 4/7/2008 PRO~C-CT: Meridian City Hall SOB: 060675 TO: Attn: Bill BYerIY CONTRACT NO: 6 Rule Steel 21986 Middleton Road Caldwell, ID 83605 Phone: 208 585-3031 l=ax: 208-585-2506 ~~ To: From: Numbee DESCRIR'~"IQW;O~ PROP05AL' ; **All taxes are included in rnsts** It~tt .D~scrlption Qua~lty Units 00001 ASI#13 Elevator Rails- Tube Cdumns (COR#8)- 1.000 LS Famish & install 12 addittonat elevator tube columns. Replace original 4 with heavier wall tub. Rule Step quote 1/17/08 00002 ASI#52 Elevator PH Beams ((~#2} Ark 4 l.pp0 beams at elevator p~rtfmuse and provide additlOnal deck supports. Revised existlng framing. Rule Steel quote 1/22/08 00003 ASI#54 Adj Roof Elevation & Add TS Support 1.000 {COR#3)- Provide tabs steel at stair tower to ad~ast roof elevation. Rule Steel quote 12/18/07 00004 RFI#73 Sun Screen Attachment Revlslon (CAR#4} 1.000 Modify top attaclurrent for sun sueerr hangers. Rule Sheet quote 1122/08 00005 RFI#74 Angel Wps @ Stab Edge ({AR#5} Add 1.Opp angle clips for additional support at studs to support wall that doesn't bear fully on slab. Rule Steelquobe 1/22/08 & 11/13/07 00006 RFI#93 Relief Angle @ Siair Towers (WR#6)- 1.000 Famish relief angte at stair towers. Rule Steel quote 2/26/08 lS L5 LS LS Unit Price Tax Rate .Tax Amour Net Amount $18,883.00 0.00% $0.00 $18,883.00 " $3.284.00 0.00% $0.00 $3,284.00 "" $1,351.00 0.00°10 $0.00 $1,351.Q0 $2,894.00 O.ODolo $0.00 $2,844.00 ' $9,094.00 0.O00k $0.00 $9,094.00 $2,939.00 0.00% $0.00 $2,939.00 , Unit Ct~ $43,719.00 Unit Tax: $0,00 Lump Sum: X0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $43,719.00 APPROVAL: ~ ~, ~ ' BY: ~ `-s ~ ~`f ~ By; v Petra feel , Date: Date: By` ,~"''`~" Lombard Conrad Architects Date: ~ .6~ PROPOSED CHANGE ORDER No. 00002 323-4500 BOISE, IDAHO 1097 N. ROSARIO STREET • MERIDIAN, ID 83ti42 • PHONE: (208 323~F500 • FAX: (208) 323..4507 T1T~E~ qSI & RFI Revisions DA's: 4/7/2008 PR07ECT: Meridian City Hall SOB: 060675 TO: qty; gill i3yeriy COfNTRACT NO: 6 Rule Steel 21986 Middleton Road Caldwell, ID 83605 Phone: 208 585-3031 RE: To: Fax: 208-585-2506 DfP'1YON ~F:~PROPDSAL item . Dp 00007 RFI#94 Choler Support Beams (pOR#7)- Famish ar-d install 2 beams on the chiller support stub columns to support the chiller unit Rule Steel quote 2/26/08 00008 Time extension for ASI & RFI's issued to date: nurtffier of days to be determined->oost bo be determined From: Numb: ROanHty Units ' tratiit Pride Tax Rsbe fax Amounit Net Amount i.Q00 LS $5,274.00 0.00°Jo $0.00 $5,274.00 1.000 LS $0.00 0.00% $0.00 $0.00 Unit Cost: $43,719.00 Unit Tau: ~p,00 Lump Sum: $0,00 Lump Tax: X0,00 0% QC Marlwp: ~O,pO Total: ;43,719.00 AI'PKVYAL: By: By: Petra I corporated Ru feel Date: Date: ~® By: Date: Ard~it~ts r~2of2 MERIDIAN CITY HALL PETRA INC PENDING CO ITEMS Rule Stee! -Phase 2 (08) PCO #02 - ASI S RFI Revisions 1 ASI 13 Elevator Rails -Tube Cols (COR#08) 18~8g3 ~ Fumish & install 12 additional elevator tube columns. Replace ortg 4 with heavier wall tub. Rulr SU quote 1!17/08 2 ASI 52 Elevator PH Beams (COR#02) 3 284.00 Add 4 beams at elevator penthouse and provide add'I deck supports. Revised existing framing Rule Stl quote 1/22/08 Rev 3 AS! 54 Adj Roof Elev 8~ Add TS Support (COR#03) 1,351.00 Provide tube steel at stair tower to adjust roof elevation. Rule Stl quote 12/18/07. 4 RFI 73 Sun Scx~n Attachment Rev (COR#04) 2894 00 Modify top attachment for sun scxeen hangers. Rule Stf quote 1/22/08 5 RFI 74 Argyle Clips (QDSIab Edg® (COR4i05) 9094 DD Add angle clips for additional support at studs to support wall that doesnY bear fully on slab. Rule Stl quote 1122/08 l~ 11/13/07 6 RFI 93 Relief Angle (x13 Stair Twrs (COR#06) 2,939 00 Fum~h relief angle at stair towers. Rule Stl quote 226/08 7 RFI 94 Chiller Support Beams (COR#O7) 5,274.00 Fumish and install 2 beams on the chitler support stub columns to support the chller unit Rule Stl quote 2126/08 8 Time Extension for ASI >l< RFI's issued -r~ ~-• to date Number of days to be determined x3.7,9.00 1 ox/o6ios CommeMs/Remarks Page 1 of 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 02 PROJECT NO. CH-06-001 DATE: 06/10/08 EFFECTIVE DATE: CONTRACTOR: RULE STEEL PROJECT: MERIDIAN CITY HALL -Phase 2 Core 8~ Shell The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 13, b2, 54 and RFI's 73, 74, 93 per attached PCO#2, dated 4/7/08 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI AND RFI Attachments: Change order Items description, dated 4/8/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $1,847,000.00 Original Contract Times: Substantial Completion 10/5/07 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 01 No._ to _ (calendar days) $35,766.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order. (calendar days or date) $1,882,766.00 10/5/2007 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order: (calendar days or date) $43,719.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (plendar days) $1,926,485.00 Substantial Completion 10/5/07 RECOMMENDED: (CONSTRUCTION R~ CCEPTED: (CON OR) Petra Inc. .~ ~' '~ ~ ~~~ ~°' Rule Steel By: Thomas R. Coughtin~~ ~ Date: ~ By: Ron Allen ~~~/ ~ Date: ? I ' C~ ~ ~ I APPROVED: (CnY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (cn~ - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & RFI Revisions DATE: 4/7/2008 PR07ECT: Meridian City Hall ]OB: 060675 TO: Attn: Bill Byerly CONTIItACT NO: 6 Rule Steel 21986 Middleton Road Caldwell, ID 83605 . Phone: 208.585-3031 Fax:208-585-2506 iftE: To: From: ._ . DESCi~F~'RI~N.!'i~ pIIt~OSAL ``:. **AII taxes are included in costs** . Items ,. :,: . _:. f~scnpfign wen~Y 00001 ASI#13 Elevator Rails- Tube Columns (COR#8)- 1.000 Furnish & install 12 additional elevator tube columns. Replace original 4 with heavier wall tub. Rule Steel quote 1/17/08 00002 ASI#52 Elevator PH Beams (COR#2)- Add 4 1.000 beams at elevator penthouse and provide additional deck supports. Revised existing framing. Rule Steel quote 1/22/08 00003 ASI#54 Adj Roof Elevation 8+. Add TS Support 1.000 (COR#3)- Provide tube steel at stair tower to adjust roof elevation. Rule Steel quote 12/18/07 00004 RFI#73 Sun Screen Attachment Revision (COR#4)- 1.000 Modify top attachment for sun screen hangers. Rule Steel quote 1/22/08 00005 RFI#74 Angel Gips @ Slab Edge (COR#5)- Add 1.000 angle clips for additional support at studs to support wall tliat doesn't bear fully on slab. Rule Steel quote 1/22/08 & 11/13/07 00006 RFI#93 Relief Angle @ Stair Towers (COR#6)- 1.000 Furnish relief angle at stair towers. Rule Steel quote 2/26/08 Number: ,. U.n."~ ' Unit Price. Tax date.. Tax kmo0nt; Net;,Amau~t LS $18,883.00 0.00% $0.00 $18,883.00 LS $3,284.00 0.00% $0.00 $3,284.00 '~ LS $1,351.00 0.00% $0.00 $1,351.00 ~ LS $2,894.00 0.00% $0.00 $2,894.00 ' LS $9,094.00 0.00% $0.00 $9,094.00 LS $2,939.00 0.00% $0.00 $2,939.00. Unit Cost: $43,719.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $43,719.00 APPROVAL: By: Petra c r Date: ~ Expedirion ,~ By: Date: ~ gy;. ~x~url~,'~Mra e Steel Lombard Conrad Architects ~ Date: C~• ~? • p~j ~t ~ PROPOSED CHANGE ORDER No. 00002 323-4500 BOISE, IDAHO RCE-1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507. TIT~E~ ASI & RFI Revisions DATE: 4/7/2008 PROJECT: Meridian City Hall SOB: 060675 TO: Attn: Bill Byerly Rule Steel 21986 Middleton Road Caldwell, ID 83605 Phone: 208 585-3031 RE: To: bESiC~`1'-x~~1V 'NSF PI~OPO~~-C I#em ; Desc~ip~jon Qiu~rri~tj- 00007 RFI#94 Chiller Support Beams (COR#7)- Furnish 1.000 and install Z beams on the chiller support stub columns to support the chiller unit Rule Steel quote Z/26/08 00008 Time extension for ASI & RFTs issued to date: 1.000 number of days to be determined->cost to be determined From: CONTRACT NO: 6 Number: Units; Un~t,Pri±~ Tax. Ratio: T~xAmount; Net:Arnolunt LS $5,274.00 0.00% $0.00 $5,274.00 LS $0.00 0.00% $0.00 $0.00 Unit Cost: $43,719.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $43,719.00 A1'F'KU VAL: By: Petra I eorporated Date: Fax: 208-585-2506 Isy: Ru teal Date: sy: . Lombard rad Architects Date: Expedition Page 2 of 2 MERIDIAN CITY HALL PETRAINC 04/06/08 PENDING CO ITEMS Rule Steel -Phase 2 (06) PCO #02 -ASI &RFI Revisions 1 ASI 13 Elevator Rails -Tube Cols (COR#08) 18,883.00 Furnish t3< install 12 additional elevator tube columns. Replace orig 4 with heavier wall tub. Rulr Stl quote 1/17/08 2 ASI 52 Elevator PH Beams (COR#02) 3,284.00 Add 4 beams at elevator penthouse and provide add'I deck supports. Revised existing flaming Rule Stl quote 1/22/08 Rev 3 ASI 54 Adj Roof Elev & Add TS Support (COR#03) 1,351.00 Provide tube steel at stair tower to adjust roof elevation. Rule Stl quote 12/18/07. 4 RFI 73 Sun Screen Attachment Rev (COR#04) 2,894.00 Modify top attachment for sun screen hangers. Rule Stl quote 1/22/08 5 RFI 74 Angle Clips @Slab Edge (COR#05) 9,094.00 Add angle clips for additional support at studs to support wall that doesn't bear fully on slab. Rule Stl quote 1/22/08 8~ 11/13/07 6 RFI 93 Relief Angle @ Stair Twrs (COR#06) 2,939.00 Fumish relief angle at stair towers. Rule SU quote 2/26/08 7 RFI 94 Chiller Support Beams (COR#07) 5 274 00 Fumish and install 2 beams on the chiller support stub columns to support the chiller unit Rule Stl quote 2/26/08 8 Time Extension for ASI & RFI's issued ~ .g.~-. to date Number of days to be determined 43,719.00 Comments/Remarks Page 1 of 1 March 24, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT Purchasing Department ITEM NO. 7-A-17 REQUEST Deductive Contract Amendmdent No. 1 for Rule Steel for $15,750.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. ~! ®~ ERl~l~N ~3 S`T !AHD MERMAN, !® 3 Z ~° ~ ~ CHANGE ®RIaER No. 0 PROJECT NO. CF! ~Q1 DATE: 2J4/20p9 EFFECTIVE DATE: RIJt~~ S7'EL° - S~ttl~rnent ®f C ~r is directed t® make f~l ng cltaragas fr~n the l3ocu and Puns. :riptiOn: t of all iSSU rel tm II~UId end r~C(UB~tQd tin'te e~~n$i~n, g~inting r eharg®s aryd dial wArk on sunshade O'PFIEl3 TE S A3~la C®Ntg17'147NS I~IMAIIai TI•lE £. ®on fir Change t9rder. Se ent esf liqui damages Atfficlsrnsnffi; Ct9ange order items ri , did 3117/09, with oontractor qu~s ~ G~ IN C®N'f CT PRICEa _ C}') ~E IN ~®I-lTI~CI° 1°IES: ~t`B~IPB81 ~ClrftradCt ~rlGzb ~1,~47,000.00 Original Contract Tunas: Substantial Completion 9015107 Net Changes Dorm previous Change Orders Net changes farm previous Change Orders No. 0 to q1 No._ to _ (r~tendar days? ~79,4Q5.00 None Carrtract Prime Prior to this Change Order. Contract Times prior to this Change Order: {calendar days or date) ~1,92s,~s5.a0 10J5/2#k]7 Net (d ) of this Change Order. Net Increase (decrease} of the Change Order: {caterxiar days or date) ($15,750.00} 97 Calendar Bays Contras Price with ail Approved Change Orders: Contract Times with alJ Approved Change Orders: {glendar days) ~,1Qa7.Q6 ~~tbs$~nti~! Ctsrn~l °®n 969~/0~ RECOAENI3Et?: (COPdSTRUCT~N AC~EPTE[): {CON OR) l~~tt"8 Onl`o. U~~ a~htC~I r S}P: Thomas R, Co ghlin 13y: Ron Aden ~ ° Ciate: D84e' P@ APPROVEQ: {CITY PURC5tNG AGE; COUNCIL APPROVAL ..<` ~~ A~~~ s/>/. ANGE ORDER No. 00003 323-4500 Iiots~, mwxo ~ Kacc RC&1873 ,. , LID ~. tiBNffitAL CCy7NTRA~C'L~ORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (2~} 323-450b • FAX: (208) 323-4507 TITLE: Settle of Outstanding Liq. Damages DATE: 2/4/2009 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Steve Norquist CONTRACT NO: 6 Rule Steel 21986 Middleton Road Caldwell, ID 83605 Phone: 208 585-3031 Fax: 208-585-2506 RE: To: i66NL~f~..• l~ C * * All taxes are inducted in omits From: Number: Tax - 'iax lVet - ~ 4~t- ~~ pe'8ate _ Amount An~u~-t 00001 Setti~rrt ~ ail related bD C~td'ac~ors time won requests and the 1.000 Is ($14,000.00 0.00°!0 $0.00 ($14,000.00) anent of Uqutdated damages for delays in completing the pr+o}ect by the aorrtractual sut~arrbial canpletlon date. Conbrac~r is granted a time exberulorr equal m 97 calendar days for the ASPS 7,8,13,18,23,52,54,RFI-74 Best Plate and vveatt~ delays. Tt~e 97 cale~ days arou{d extend the contract sulutarrUal completion date from Odob~ 5, 2007 bo. ]anuary 11, 2008. The 97 calendar days is bo be consl~+ed fuA and float settlement ~ a!f requests ~ daimss f~ additional time and costs related b the pro~Ct. This would inducts aU requests related >p weather delays arxt de~ays,bo the orlgfnal sdreduled start dabs. No time extensiorw arr. granted for ASPS 13 & 19, RFPs -73,74, 93 & 94. The Conb'ador eras deemed Sut-stanbial Complete as of February 8, 2008. The differerroe bete the new proposed contradarat substartdal completion date of ]anuary 11, 2008 and the actual substalrbial oompletiar date of February 8, 2008 is 28 ple~ndar days. Unit Cost: ($15,750.00) • Unit Tax: $0,00 • Lump Sum: $0.00 • Lump Taut $0:00 • - O.Oolo GC markup: 90.00 Total: ($15,750.00) The Original Conttac~ Sum was ................................................................................................. $1,847,000.00 Net•Change by Previously Authorized Regsrests and Changes ................................................ $79,485.00 The Contract Sum Prior,to This Change Order was ...................................................... $1,926,485.00 The Contract Sum Will be Dec eased ................................................................................... ($15,750.00) The New Contract Suer Including This Change Order ............... .................................... $1,910{735.00 The Contract Time•Nfill beTncTeased ........................................ ~ .................................... 97days The Date of S4bs~tntial Compieltion as of this Change Order The is .,~ .......................... 2/11/0$ • CHANGE ORDER • - ~ No. 00003 323-4500 BOISE, IDAHO 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323500 • FAX: (208) 323507 TITLE: Settle of Outstanding Ltq. Damages PROSECT: Meridian City Hall TO: Attn: Steve Norqulst Rute Steel 21986 Middleton Road Caldwell, ID 83605 Phone: 208 585-~31 Fax: 208-585-2506 RE: To: From: Ths C~ttrachor ~ to be as~ssed pquldated .damages for the 28 calendar days their work extended the wntradaral srrbsNartBal complehion date. Per the • oontrad Ikry~dated darrtages are assessed at a rate of $5~/day. The total cost to be a~sed agairst the contrad~ for tfie 28 calendar days at $500/Day is $14,000. Far ftufher detai{s reference attached Petra memo m ICertlt Watts, Clay of Meridian, doled 11/19/08; Re: Ruk Sl~eel - Time Extertslon & Llquldated images -Meridian (Sty Hall. 00002 Sw Remedial work - Labor arxi equtpm~tt m tondo & smooth colts rrrarks i.ooo acid seams in sunshade sheet members. Roil marks and seams are notm~ for std unless spedfirailj- rented as ardtihedvral exposed. Rule Shed quote 8/28/08. !)0003 Backdwrge for additlortal pahtdng work dome on surtsitade st~eei after misplaced 1.000 '. dips ltad bo be re-located. Commerdal Pahtitlng irnraices ~2~275, dated f0/1/~ & ~Z90277, dated 10/3/ 00004 8adcdtarge for remavtrtg stutsttade panels hufalled & removed wttert It was 1.000 detennhted that tt~ dip bratlon was wrong and h~ to be redone. CustJOm !gees irnoite #12255, dated 9/30/08 00005 Badccharge for fan rental for stairway vert0lahion when stair handta8 relruns 1.000 ware be reworked: Taus tnvok:e 10/3 DATE: 2/4/2009 SOB: 060675 CONTRACT NO: 6 Number: • LS $2,943.00 O.OQ% $0.00 $2,943.00 LS ($1,105.00) 0.00°k $0.00 ($1,105.00) 15 ($1,000.00) 0.00% $0.00 ($1,000.00) LS ($176.00) 0.00% $0.00 ($176.00) • Unit Cost: ($15,750.00) Unit Tajc $0.00 Lump Sum: $0.00 Lump Tajo $0.00 0.0% GC markup: ~•~ Total: ($15,750.00) The Original Contract Sum was ................................................................................................. $1,847,000.00 Net Change by Previously Authorized Request and Changes ................................................ $79,485.00 The Contract Sum Prior to Thls Change Order was ...................................................... $1,926,485.00 The Contract Sum Will be sed ................................................................................... ($15,750.00) The New,Corrtract Sum;Induding This Change Order ...................................................... $1,910,735.00 The Contract'~ime WiU be Inaeased ................................................................................. 97days The Dato of Substan#ial Completion as of tlris Change Order Therefore is .............................. 2/11/08 ,~~ ACCEPTED: '. ~ - Role Steel Petra Iacorparated LCA Arc6ltects, PA By: By: By: • Steve rgrrisf ' ~ T righlin Steve • Date: Date: Date: CHANGE QRDER No. 00003 323-4500 sozs>w mAxo 1097 N. ROSARIO STREET • MERIDLIN, ID 83642 • PHONE (208) 323-4500 • FAX: (208) 323-4507 TITLE; Settle of Outstanding Liq. Damages DATE: 2/4/2009 PRQ7ECT: Meridian City Hall ]OB: 060575 TO: Attn: Steve Norquist CONTRACT NO: 6 Rule Steel 21986 Middleton Road Caldwell, ID 83605 Phone: 208 585-3031 Fax: 208-585-2506 RE: To: From: Number. Tax Tax Net . ~~~~~ tnr Ua+t~t Pie Rs~ ~`{Aroount lbinoud#-` 00006 Badcdtarge for additional Pa~n9 & prep work at the statr rail returns that 1.000 LS ($2,412.00) 0.00"k $0.00 ($2,412.00) were revised b try Cade. The addfdonal work was dare on Rule Steels request and i>ehalf ~ Commer+dal Pair~ing. Comir-erdal Pairing invoice #3391, dated 10/lOJ~ Unit Coal: ($15,750.00) Unit Tax: $0.00 Lump Sum: $0.00 • Lump Tax: $0.00 • 0.0~/o GC markup: 50.00 Total: ($15,750.00) The Original Corifiad: Sum was ................................................................................................. $3,847,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $79,485.00 The Co~ract Sum Prior to Thls Change Order was ...................................................... $1,926,485.00 The Co~ract Sum Will be Decreasal ................................................................................... ($15,750.00) The New Contrat~ Sum inducting This Change Order ...................................................... $1,910,735.00 The Contract Time Will be inaeaised ................................................................................. 97days The Data of Subsfa~ial Completion as of this Change Order Therefore is .............................. 2/11/08 ACCEPTED: ~~~ Rule Steel Petra Incorporated LCA Architects, PA ~r: sy: sy: Steve Norquist Tom Coughlin Steve C stensen Date: Date: Date: ® P.ge 3 oY3 ERiiA CIlY HALL PRCpJECT IV®: CH-06-001 Rl9LE STEEL -Phase 2 (06) 03/11/09 CH GE ®RDER NO 3 C GE ®RDER ITEMS 1 Settlement of all issued related to Contractors time extension (14,000.00) requests and the assessment of liquidated damages for delays in completing the project by the contractual substantial completion date. Contractor is granted a time extension equal to 97 calendar days for the ASI's -7,8,13,18,23,52,54,RFI-74 Bent Plate and weather delays. The 97 calendar days would extend the contract substantial completion date from October 5, 2007 to January 11, 2008. The 97 calendar days is to be considered full and final settlement of all requests and claims for additional time and costs related to the project This would include all requests related to weather delays and delays to the original scheduled start date. No time extensions are granted for ASI's 13 & 19, RFI's - 73, 74, 93 & 94. The Contractor was deemed Substantial Complete as of February 8, 2008. The difference between the new proposed contractual substantial completion date of January 11, 2008 and the actual substantial completion date of February 8, 2008 is 28 calendar days. The Contractor is to be assessed liquidated damages for the 28 calendar days their work extended beyond the contractual substantial completion date. Per the contract liquidated damages are assessed at a rate of $500/day. The total cost to be assessed against the contractor for the 28 calendar days at $500/Day is $14,000. For further details reference attached Petra memo to Keith Watts, City of Meridian, dated 11/19/08; Re: Rule Steel -Time Extension & Liquidated Damages -Meridian City Hall. 2 Sunshade Remedial Wvrk -Labor and equipment to 2,943.00 tondo & smooth rolls marks and seams in sunshade steel members. Roll marks and seams are normal for structural unless specifically noted as architectural exposed. Rule Steel quote 8/28/08. 3 Backcharge for additional painting work done on sunshade (1,105.00} steel after misplaced clips had to be re-located. Commercial Painting invoices #290275, dated 10/1/08 & #290277, dated 10/3/08 4 Backcharge for removing sunshade panels installed 8~ removed (1,000.00} when it was determined that the clip location was wrong and had to be re-done. Custom Glass invoice #12255, dated 9/30/08 5 Backcharge for fan rental for stairway ventilation when stair (176.00} handrail returns were be reworked. Totes invoice 1013 t3 Backcharge for additional painting $ prep work for the stair rail (2,412.00} returns that were revised to meet code. The additional work was done on Rule Steels request and behalf by Commercial Painting. Commercial Painting invoice #3391, dated 10/10/08 (15,750.00} Page 1 of 1 1097 N. Rosario Street, Meridian,lD 83642 Phane (208)323500 Fax (208)323-4507 Date: November 19, 2008 To: Keith Watts, Purchasing Manger, City Of Meridian From: Tom Coughlin, Project Manager Re: Rule Steel -Time icxtension ~ Liquidated Damages Meridian City Hall As a result of discussions with Rule Steel concerning time extensions for additional work and the assessment of liquidated damages Petra has formulated a recommendation for a full settlement with Ruie Steel on these issues. It is our recommendation that Rule Steel be granted a time extension of 97 calendar days and be assessed liquidated damages for a period of 28 calendar days in the amount of $ 14,000. The methodology used to arrive at this recommendation is summarized below. Rule Steel would be assessed with liquidated damages as a r~uit of their failure to complete the contract work within the originally scheduled duration. However the originally scheduled duration has been impacted by the numerous changes to the project Rule Steel has requested time extensions for the various ASI's and RFI's issued to-date. Petra Inc. has reviewed the requests and the actual scenarios involving the progress of their work and has prepared the following updated synopsis of the timeline of evens concerning this issue. Rule Steeps cmntract indicated a start date of July 16'", 2007 and a substantial completion date of October 5a', 2007. Rule Steel actually started erection on July 30s', 2007 and in Petra's opinion obtained substantial completion on February 8a', 2008. The substantial completion date is the date that Petra feels the structural steel was completed to a point so as not to impede any critical path follow-on work n~quired to complete and/or dry-in the building. Work on the project by Ruh Steel did continue after th~ date. The delay in the start of the steel erection was the result of the work on the CMU stair towers not being completed to a point th allow the steel erection to proceed until July 30a'. The 14 calendar days lost m due to this delay will need to be credit to the contract duration alkowed for the steel erection. It should be noted that the delay was not the fault of the masonry contractor or another contractor but was due to the impact of the changes to the building design relating to the unsuitable material, raising the building and the addition of the basement. Rule Steel had previously been informed that liquidated damages would be assessed starting November 26"', 2007 if the entire structural steel scope of work was not completed prior to the 26a'. The November 26a' date stated in Petra's November 1'a letter was an estimated contract c~npletion date based on adjustments for weather days and a time extension for the change order work included in C0~1. As of the November 1~ date the project had experienced 12 wither days and Rule Steel had requested a time extension of 27 work days for the ASUchange order work included in CO#01. Converting the 39 work days to calendar days would result in an extension of 53 calendar days. Adding the 53 days to the contractual completion date of October 5a' results in a projected completion date of November 25s', 2007. Since November 1 ~ Rule Steel has requested an additional 44 days for the pending change items included in proposed change order number PCO#02. Outlined glow is a summary of the time extensions requested and t~mmended for the items included in both CO#01 and CO#02: For the items included in CO #01(Previously approved with the ceavet that any time extension due would be determined at a later date): • ASI-7 Lower Floor Structure at 1~ Floor-Time requested 5 days. OK to recommend to the City. • ASI-8 Steel Connection Modifications -Time requesthd 10 days. OK to recommend to the City. • ASI-18 Add Camber & Revise Moment Connections -Time requested 5 days. OK to rewmmend to the City. • ASl-19 Connection Fix for Basement Wail to Low -Time requested 2 days. Not recommended, didn't impact the progress of the work. • ASI 23 Stair Tower Support Steel -Time requested 5 days. OK to recommend to the City. This totals to 25 of the 27 work days requested. For the items included in CO#02 (currently pending with Ruie Steel): • ASl-13 Elevator Tube Upgrade -Time requested 10 days. Not recommended, this work was done after the substantial completion date. • ASI-52 Elevator Penthouse Beams -Time requested 10 days. Recommend 5 days. • ASI-54 Roof Elevation & Slope ~ CMU Wall -Time requested 3 days. Recommend 3 days. • RFI-73 Sun Shade Connection -Time requested 3 days. Not recommended, did not impact the progn~s of the work. • RFI-74 Angle Clips for Support of Wall -Time requested 3 days. Not recommended, this did not impail the progress of the work. As of Friday, 3/7/07 these dips had not been installed. • Bent Plate Grid H (Induded with RFl-74) -Add bent piste, shop drawings marked incorrectly. Time requested 5 days. Recommended 5 days to the City. • RFI-93 Relief Angle @ Stair Towers -Time requested 5 days. Not recommended, did not impact the work This was for furnishing only. • RFf-94 Furnish and install two chiller beams. Time requested 5 days. Not recommended, did not impail the work. This was issued and accomplished after the base building work on the critical path was completed. This totals 13 of the 44 work days requested. Converting the 13 work days recommended to calendar days results in an extension of 17 days. Extending the schedule another 17 calendar days plus the 16 days lost to weather during the period would result in an additional extension of 33 calendar days and would push the contract completion date out from November 25 to December 28, 2007. Crediting Rule Steel with the 14 calendar days the start of erection was delayed would extend the completion date further to January 11, 2008. The total time extension, considering both the COi~1, CO~#021tems and the weather delays that Petra would recommend is 97 calendar days. The 97 calendar days represents a time extension that Petra feels would be fair and responsible to both Rule Steel and the City. Based on this Rule Steel would be liable for liquidated damages for a period of 28 calendar days based on the difference between the new proposed contradaaal completion date of January 11, 2008 and the actual substantial completion date of February 8, 2008. Per the contrail liquidated damages are assessed at a rate of $500/day. The total cast for these 28 days at $500/Day would be $14,000. Please review this scenario and let me know if this line of reasoning is acceptable to the City. ff this is acxeptable Petra will propose this to Rule as settlement of the matter of the schedule delays and the time extensions requested for the various delays. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 03 PROJECT NO. CH-06-001 DATE: 2/4/2009 EFFECTIVE DATE: CONTRACTOR: RULE STEEL PROJECT: MERIDIAN CITY HALL -Settlement of Liquidated Damages The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Settlement of all issues related to Ilquidated damages and contractor requested time extension, painting back charges and remedial work on sunshade frames . ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Settlement of Iiquldated damages Attachments: Change order items description, dated 3/11/09, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $1,847,000.00 Original Contract Times: Substantial Completion 10/5/07 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 01 No._ to _ (calendar days) $79,485.00 None Contract Price Prior to this Change Order. Contract Times prior to this Change Order. (calendar days or date) $1,926,485.00 10/5/2007 Net 1RSrease (decrease) of this Change Order. Net Increase (decrease) of this Change Order. (calendar days or date) ($95,750.00} 97 Calendar Days Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (plendar days) $1,910,735.00 ~ • Substantial Completion 1/11108 RECOMMENDED: (CONSTRUCTION R - AC~EPTED: (CO OR) Petra Inc. ule Steel '` By: Thomas R. Co ghlin By: Ron Allen ~ ' Date: ~ ~ ~ ~ Date: ~ ~ l G _ APPROVED: (CnY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: , G'R1~TSR.AT. CONTRACTORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323500 • FAX: (208) 323-4507 TITLE: Settle of Outstanding Liq. Damages PROJECT: Meridian City Hall TO: Attn: Steve Norquist Rule Steel 21986 Middleton Road Caldwell, ID 83605 Phone: 208 585-3031 Fax: 208-585-2506 RE: To: --- --~- ~~ 3~CRZ_P72 .N OF C iC~ * * All taxes are included in costs From: `~.i;~t~,cr.on 00001 Settlement of all issued related to Contractors time extension requests and the assessment of liquidated damages for delays in completng the project by the ~ntractual substantial completion date. Contractor is granted a time exter>~on equal to 97 calendar days for the ASPS -7,8,13,18,23,52,54,RFI-74 Bent Plate and weather delays. The 97 calendar days would. extend the contract subutantial completion date from October 5, 2007 to. ]anuary li, 20.08. The 97 calendar days is to be cor~dered full and final settlemet>f of aU requests and claims for additional time and costs related to the projed:. This would include all requests related to weatl~er delays and delays.to the original sd»eduled start date. No time extensions are granted for ~ASI's 13 & 19, RFTs -.73, 74, 93 & 94. The Contractor:was deemed Substantial Complete as of February 8, 2008. The difference between the new proposed contractual substantial ~mpletion date of 7anuary li, 2008 and the actual substantial completion date of February 8, 2008 is 28 calendar days. DATE: 2/4/2009 JOB: 060675 CONTRACT NO: 6 Number: T"2fic ~ Tax ~ ~161et Q~nt~tY 0:_aU Prime f~ Amotuit =~==fYlosr~rt 1.000 is ($14,000.00:0.00% $0.00 ($14,000.00) Unit Cost: ($15,750.00) Unit Tax: $0.00 . Lump Sum: $0.00 • Lump Tax: $0:00 • 0.0% GC markup: $0.00 Total: ($15,750.00) The Original Contract Sum was ................................................................................................. $1,847,000.00 Net•Change by Previously Authorized Requests and Changes ................................................ $79,485.00 The Contract Sum Prior to This Change Order was ...................................................... $1,926,485.00 The Contract Sum Wili be Decreased ................................................................................... ($15,750.00) The New ~Cont~act Sum Including This Change Order ............... ..................................... $1,910,735.00 The Contract'Time•Will. be'Increased ........................................ ............. ........................ 97 days The Date of Slut~stantial Completion as of this Change Order The ore is .,~ ....................... 2/11/08 ACCEPTED: • - Rule Steel • ' .. Petra Incorpora ~ LCA Arc itects, Pi~ - gy; By: %~4~By: ~ ~ To Co Steve Christensen Date: Date: 0 ~' ~ Date: ~ ~ ~ , ~ cr eoo ® -i • ~ CHANGE ORDER ~~ No. 00003 ~. 323-4500 • BOISE, IDAHO RCE-1875 ,,. 1097 N.• ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323500 • FAX: (208) 3234507 TITLE: Settle of Outstanding Liq. Damages DATE: 2/4/2009 PRO]ECT: Meridian City Hall ]O6: 060675 TO: Attn: Steve Norquist CONTRACT NO: 6 Rule Steel 21986 Middleton Road Caldwell, ID 83605 Phone: 208 585-3031 Fax:208-585-2506 RE: To: From: Number: • ~+o~~ _ ~ _ __ - The Contractor is to be assessed liquidated .damages for.the 28 calendar days their work extended beyond the contrada~al sub~antial completion date. Per the • contract: liquidated damages are assessed at a rate of $500/day. Tile total cost to be assessed against the contractor for the 28 calendar days at $500/Day is $14,000. For further details reference attad~ed Petra memo to ICeitft Watts, C7ty of Meridian, dated 11/19/08; Re: Rule Steel -Time Extension & Liquidated Damages -Meridian City Hall. 00002 Sunshade Remedial Work -Labor and equipment to tondo & smooth lolls marks 1.000 LS $2,943.00 0.00% $0.00 $2,943.00 and seams in sunshade steel members. Roll marks and seams are normal for structural steel .unless specifically noted as architectural exposed. Rule Steel quote 8/28/08. 00003 Badccharge for additional painting work done on sunshade steel afl:er misplaced 1.000 LS ($1,105.00) 0.00% $0.00 ($1,105.00) dips-had to be re=located. Commerdal Painting irnoices #290275, dated 10/1/08 & #290277, dated 10/3/08 00004 ~8adcchafge fiu.removing sunshade panels installed & removed when it was 1.000 LS ($1,000.00) 0.00% $0.00 ($1,000.00) determined that the dip location was wrong and had to be re-done. Custom Glass invoice #12255, dated 9/30/08 00005 Badccharge for fan rental for stairway ventilation when stair handrail returns 1.000 LS ($176.00) 0.00% $0.00 ($176.00) were be rewiirked: Tates invoice 10/3 • Unit Cost: ($15,750.00) Unit Tax: $0.00 • _ Lump Sum: $0.00 . Lump Tax: $0.00 0.0% GC markup: $0.00 • Total: ($15,750.00) The Original Contract Sum was ...............................:................................................................. $1,847,000:00 Net Change by Previously Authorized Requests and Changes ................................................ $79,485.00 The Contract Sum Prior to This Change Order was ...................... ................................ $1,926,485.00 The Contract Sum. Will be Decreased ................................................... ........................:....... ($15,750.00). The New Contract Sum:Including This Change Order ...................... ................................ $1,910,735.00 The Contract Time Wild be Increased .:.............................:................................................. 97 days The Date of Substantial• Completion as of this Change Order Therefore is .............................. 2/11/08. ACCEPTED: •. Q Rule Steel ~ Petra Incorporated ~ ~ LCA Architects, PA By: By: By; Steve rquist ~ T oughlin Steve sen . Date: ~ Date: - Date: Expedihoa ®• Pale 2 of 3 CHAN NoO 0003 323-4500 BOISE, IDAHO RCE-1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: Settle of Outstanding Liq. Damages PR0.7ECT: Meridian City Hall TO: Attn: Steve Norquist Rule Steel 21986 Middleton Road Caldwell, ID 83605 Phone: 208 585-3031 RE: To: ~?i:5`CRIPTIOW OF CHANGE Fax:208-585-2506 DATE: 2/4/2009 SOB: 060675 CONTRACT NO: From: Number: ~7 ~~~'"r~'Dtann _ _ i~.~~ty UnItS 00006 Badcdiarge for additional painting & prep work on the stair rail returns that 1.000 LS were revised to meet Code. The additional work was done on Rule Steels request and behalf try Commercial Painting. Commercial Painting invoice #3391, dated 10/10/08 6 Tax Tax Net lllt~..pr~~ )~ i~_A,Itlo4~1._ .,~ncsi~nt>,: ($2,412.00) 0.00% $0.00 ($2,412.00) Unit Cost: ($15,750.00) Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: ($15,750.00) The Original Contract Sum was ................................................................................................. $1,847,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $79,485.00 The Contract Sum Prior to This Change Order was ...................................................... $1,926,485.00 The Contract Sum Will be Decreased ................................................................................... ($15,750.0.0). The New Contract Sum including This Change Order ...................................................... $1,910,735.00 The Contract Time Will be increased ................................................................................. 97 days The Date of Subs~ntiai Completion as of this Change Order Therefore is .............................. 2/11/08 ACCEPTED: Rule Steel Petra Incorporated LCA Architects, PA sy: sy: By: Steve Norquist Date: Exped'moa Tom Coughlin Steve C en Date: Date: Page 3 of 3 MERIDIAN CITY HALL PROJECT NO: CH-06-001 RULE STEEL -Phase 2 (06) 03/11/09 CHANGE ORDER NO 3 CHANGE ORDER ITEMS 1 Settlement of all issued related to Contractors time extension (14,000.00) requests and the assessment of liquidated damages for delays in completing the project by the contractual substantial completion date. Contractor is granted a time extension equal to 97 calendar days for the ASI's -7,8,13,18,23,52,54,RFI-74 Bent Plate and weather delays. The 97 calendar days would extend the contract substantial completion date from October 5, 2007 to January 11, 2008. The 97 calendar days is to be considered full and final settlement of all requests and claims for additional time and costs related to the project. This would include all requests related to weather delays and delays to the original scheduled start date. No time extensions are granted for ASI's 13 & 19, RFI's - 73, 74, 93 & 94. The Contractor was deemed Substantial Complete as of February 8, 2008. The difference between the new proposed contractual substantial completion date of January 11, 2008 and the actual substantial completion date of February 8, 2008 is 28 calendar days. The Contractor is to be assessed liquidated damages for the 28 calendar days their work extended beyond the contractual substantial completion date. Per the contract liquidated damages are assessed at a rate of $500/day. The total cost to be assessed against the contractor for the 28 calendar days at $500/Day is $14,000. For further details reference attached Petra memo to Keith Watts, City of Meridian, dated 11/19/08; Re: Rule Steel -Time Extension & Liquidated Damages -Meridian City Hall. 2 Sunshade Remedial Work -Labor and equipment to 2,943.00 bondo & smooth rolls marks and seams in sunshade steel members. Roll marks and seams are normal for structural unless specifically noted as architectural exposed. Rule Steel quote 8/28/08. 3 Backcharge for additional painting work done on sunshade (1,105.00) steel after misplaced clips.had to be re-located. Commercial Painting invoices #290275, dated 10/1/08 & #290277, dated 10/3/08 4 Backcharge for removing sunshade panels installed ~ removed (1,000.00) when if was determined that the clip location was wrong and had to be re-done. Custom Glass invoice #12255, dated 9/30/08 5 Backcharge for fan rental for stairway ventilation when stair (176.00) handrail returns were be reworked. Tates invoice 10/3 6 Backcharge for additional painting & prep work for the stair rail (2,412.00) returns that were revised to meet code. The additional work was done on Rule Steels request and behalf by Commercial Painting. Commercial Painting invoice #3391, dated 10/10/08 (15,750.00} Page 1 of 1 March 24, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT Purchasing Department ITEM NO. 7-A-1$ REQUEST Deductive Contract Amendment No. 5 for Tri-State Electric for $1,026. 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 Ste attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented aF pubNc meetings shall become property of the CHy of Meridian. C ®~ ME121DIAN 33 EAST 1®Ali® MERIDIAN, 1® 2 PR®JECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements C ctor is hereby dl to make the following changes from the Contract Documents and Plans. :ription: Repalrtt due to trade damage OTHER TERMS AND CONDITIONS REMAIN THE SAFE. Dort for ~u Contract Amendment: Additional scope ar revisions per listed ASI's, RFI r$ Changes Change Items description, dated 2110109, with contractor quotes C GE fN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: ®riglnal COr1tPSCt Price $2,749,895.00 Original Contract Times: Substantial Completion 8!28108 Net changes form previous Budge4~t Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 09 to 04 No.,_ to _ (calendar days} $141,902.74 None Contract Price prior to this Budgeted Contract Amendmer~ Contract Times prior to this Budgeted Contract Amendment; $2,$91,797.74 {~~ ~~ ~ ~~) €tr~atanna Net decrease of this Budgeted Contract Amendment: c$1,02s.o~~ Net Increase (decrease} of this Budgeted Contract Amendment: (caEendar days ~ date) {~) $Z, ,774.74 Substantial Currtpletl®n 8/28/2008 RECOMMENDED: {CONSTRUCnoN 'GER ACCEPTED: (CONTRACTOR) Petra Inc. Tri St~t~ El~~a~ ~ _. ey: Thomas R. Co hlin By: Jay Gooden ~ ~ i -- Date: Date: ~ .~~ APPROVED: {CITY PUR:~~:,~iSING ~fi; COUNCIL APPROVAL BUDGETED CONTRACT AMENDMENT 1v0. os PROJECT NO. CF1-06-00 DATE: 2/10/09 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.06 PROJECT NO. CH-06-001 DATE: 2/10/09 EFFECTIVE DATE: CONTRACTOR: TRI STATE ELECTRIC PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is her®by directed to make the following changes from the Contract Documents and Ptans. Description: Repaint due to trade damage ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI's, RFI & Changes Attachments: Change Items description, dated 2/10/09, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $2,749,895.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 04 No._ to _ (calendar days) $141,902.74 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $2, 891,797.74 8/28/2008 Net decrease of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) ($'1,026.00) None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: (calendar days) $2,890,771.74 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION GER ACCEPTED: (CONTRACTOR) Petra Inc. Tri State Electric ~ ~ By: Thomas R. Coughlin By: Jay Gooden ~ Date: ~ ~~ ~ ~ Date: ~ ~ ~~y ~ ~ APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: CHANGE ORDER ~ ~ ~ , No. 00006 y~ .~ ~ ~ ~ 323-4500 MAR 2 p 2009 BOIREE IDAHO m s ~ ~ 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: Backcharge due to trade damage DATE: 2/10/2009 PR07ECT: Meridian City Hall 708: 060675 TO: Attn: ]ay Gooden CONTRACT NO: 34 Tri State Electric 7790 Mossy Cup Boise, ID 83709 Phone:208-362-4636 Fax:208-362-1716 RE: To: From: Number: DESCRIPTION OF CHANfE: The following CO is for your records and reflects previously approved changes to the scope of work. Please sign and return to our office within 3 business days. Tax -Tax Net Item Descri~~;pn Qua!n#nY Units Unit Price Rate Amount Amount` 00001 Repaint due to trade damage -equal share of damages. 1.000 LS ($1,026.00) 0.00% $0.00 ($1,026.00) Unit Cost: ($1,026.00) Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0 00 Total: ($1,026.00) The Original Contract Sum was ................................................................................................. $2,749,895.00 Net Change by Previously Authorized Requests and Changes ................................................ $141,902.74 The Contract Sum Prior to This Change Order was ...................................................... $2,891,797.74 The Contract Sum Will be Decreased ................................................................................... ($1,026.00) The New Contract Sum Including This Change Order ...................................................... $2,890,771.74 The Contract Time WIII Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order erefore .............................. ACCEPTED: Tri State EI tic Petra Incorpora LCA Ar hitects, P By: ~ ~,~~ By; By: Jay Goorrden Tom ou Steve Christensen ~ Date: l ,D~ l ~`d Date: ~ ~ ~ ~ ~ Date: t~ .''J,. p C; Expedition March 24, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT Planning Deportment ITEM NO. 6-8-1 REQUEST Follow Upon CDBG Discussion AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: `~ 4 CITY WATER DEPT: CITY SEWER DEPT: ~~ CITY PARKS DEPT: \ J `1 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: Materbls presented at public meetings shall become property of the City of Meddtem. Q O O LL C~ m D U .~ .~ U ~ ~ O m U ~ o ~ ~ '= o ~ ~ U N .. ~ ~- - ~ CCS N ~ ~ ~ .~ ~ U ~ ~ ~ CCU ~ Q ~~~r~i a~ ^ ~, O ^ d a~ a~ c~ J c~ .~ a~ N U N N O L Q a~ c~ N (6 N N N L U ._ a~ ._ M ^~ W ~~ ^~ W U 0 U ~t ~1^~• W L -- a~ c~ c~ a~ ._ 0 ~--~ U N D a~ 0 0 ^L I..L ~~ ~MM ,W ~• _~ ~_ -1--+ c~ m U •~ ^~ W ^~ W C~ t].. .~ ^~ W W U 0 +~ ~ ~ ~- + Q ~ .~ ~ .~ .~ ~ 0 N _ W ~ ~ s.. ~ L.L O ~ ~ ~, ~ co ~ ~ ' o U ~ ~ Cn ~ .. ~ ~ .;..~ U ~ .~ ~ ,O W V 1 ~ ^~ ~ J .. ~y ^ ^ ~ ^_. ^ ~~ N d' M 'd' DO f~9- ti O O ~ N :~ O U N ~ ~ ~ D ~ ~ a i ~' ' 0 o a ~ O ~ L - a . .~ D ca U .. 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ITEM NO. 9 REQUEST Tabled from January 27, 2009: Request for Final Plat approval for 5 commercial building lots and 2 common lots on 19.18 acres in a C-G zone for Pinbridge Subdivision No. 1 -- 1830 East Pine 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 HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials• COMMENTS See Previous Item Packet /Minutes See attached REV Staff Report Matertals presented at public meetings shall become property of the Cfly of Mertdlan. March 24, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT Una Mas, LLC REQUEST Request for Final Plat a C-G zone for Una Mas -- 3475 ITEM NO. ~ O for 21 building lots on 12.62 acres in Koaa AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Request for Continuance 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: See attached Comments 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. FP 09-002 March 24, 2009 March 24, 2009 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT ITEM NO. ~ ~ REQUEST Public Hearing -2009 Parks and Recreation Fee Schedule 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 HIGWWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~`~I~ ~'" ~~ Contacted: Date: Phone: Emailed: Staff Initials: Mate~tols presen#ed at pubpc meeNnes shM become property of the CNy of Meridian. CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 7:00 p.m. on Tuesday, March 17, 2009, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding adoption of the 2009 Meridian Parks and Recreation Department Fee Schedule, which includes new fees and fee increases as set forth below. Further information regarding these changes, as well as the entire Parks & Recreation fee schedule, is available at the Parks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, (208) 888-3579. Any and all interested persons shall be heard at the public hearing; oral testimony maybe limited to three (3) minutes per person. Written testimony is welcome; written materials should be submitted to the City Clerk no later than 48 hours prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Proposed Meridian Parks & Recreation Fee Increacec and Npw FPac• Activi Current Fee Pro osed Fee % Chan e Volleyball (Competitive Men's, Women's, Co-Ed) Team Fee (10 games + tournament) $250.00 $265.00 6% Basketball (Men's, Women's, Men's Over 40) Team Fee (10 games + tournament) $400.00 $595.00 49% Spring softball (Men's, Women's, Co-Ed) Team Fee (10 games + tournament) $400.00 $640.00 60% Fall softball (Men's, Women's, Co-Ed) Team Fee (8 games) $200.00 $410.00 105% Softball Tournaments (Girls Fas itch, MPR Hosted Entry Fee N/A $350.00 New Field Rental for softball tournament er hour) N/A $5.00 New Field Prep for softball tournaments (per hour) N/A $15.00 New Girl's Spring Fastpitch Softball (U10, U12, U14, U16, U18) Team Fee (ASA Fee not included) $275.00 $420.00 53% Girl's Fall Fastpitch Softball (U10, U12, U14, U16, U18) Team Fee (8 games) N/A $340.00 New Girl's Fall Fastpitch Softball Late Fee (per team) N/A $30.00 New Dodgeball Co-Ed, O en) Team Fee (8 games + tournament) N/A $275.00 New Dodgeball (Co-Ed, en) Late Fee (per team) N/A $30.00 New Renaissance Park Shelter Rental (1-30 eo le) N/A $30.00 New Renaissance Park Multi-Use Field Rental (per hour) N/A $10.00 New Jabil Park Multi-Use Field Rental er hour) N/A $10.00 New Movie Night Single Night S onsor Fee N/A $250.00 New Movie Night Presenting Sponsor Fee N/A $2,000.00 New Outdoor Adventure Cam $150.00 $160.00 7% Adult Watercolor $35.00 $39.00 11% Preschool Fun $38.00 $39.00 3% Preschool Fun Plus N/A $46.00 New Young Rembrandts Art Classes $35.00 $38.00 9% t3asic Winter Survival $15.00 $20.00 33% Belly dancing $20.00 $24.00 20% Karate Classes N/A $59.00 New Japanese Classes N/A $45.00 New Solar Cookin for Beginners N/A $10.00 New Mone Man ement N/A $10.00 New Marriage Education for Singles N/A $20.00 New Be inning Piano N/A $100.00 New Photography N/A $45.00 New Bust Scul turin N/A $200.00 New Pencil Drawing N/A $30.00 New Balance and Posture Class N/A $59.00 New DATED this 27th day of February, 2009. JAYCEE HOLMAN, CITY CLERK PUBLISH on March 2, 2009 and March 9, 2009. March 24, 2009 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT ITEM NO. ~ Z REQUEST Public Hearing -Substantial Amendment of the 2007 Community Development Block Grant (CDBG) Action Plan 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 ~~IS~~~~ ryV~ Date: Phone: Staff Initials: Materials presented at public meeflngs shall become properly of the City of Meridian. ^ March 24, 2009 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT ITEM NO. ~ $ REQUEST Resolution --Substantial Amendment of the 2007 Community Development Blocic Grant (CDBG) Action Plan 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 iRRIGATIbN: IDAHO POWER: us wEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emaited: COMMENTS See attached Resolution ~\ ~ I~ V~ ~l Date: Phone: Staff Initials: Materials presented at public meetings shag become properly of the CNy of Meridian. CITY OF MERIDIAN RESOLUTION NO. ~ ~ - (~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING SUBMISSION OF THE CITY'S 2007 CDBG ACTION PLAN, AS SUBSTANTIALLY AMENDED; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SUCH APPLICATION AND CERTIFYING DOCUMENTS ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian, designated as an Entitlement Community by the United States Department of Housing and Urban Development, submitted application materials for federal financial assistance under the Community Development Block Grant CDBG program for Program Year 2007 in August 2007; WHEREAS, the City subsequently made substantial amendments to such materials and, in accordance with the Citizen Participation Plan, held a public hearing on the draft substantially amended PY07 Action Plan on February 10, 2009, and held a public comment period on the draft substantially amended PY07 Action Plan from February 10, 2009 to March 24, 2009; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Program Year 2007 Action Plan, as amended, a copy of which is attached hereto as EXIIIBITA and incorporated herein by reference, be, and the same hereby is, approved as to both form and content. Section 2. That the Mayor and the City Clerk be, and hereby are, authorized to respectively execute and attest said materials constituting the Program Year 2007 Action Plan for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~~ day of March, 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of March, 2009. APPROVED: ATTEST: `.~`~ ~ TF '~ '-; i , ~ ~; ~° o By: ~~, Jayce Holman, City C~'erk ~~ ~, -~~ o ~ - e~ ~ Mayor RESOLUTION APPROVING SUBSTANTIALLY AMENDED PY07 ACTION PLAN Page 1 of 1 EXHIBIT A STAFF REPORT Hearing Date: February 10, 2009 TO: Mayor and City Council E IDIAN~ FROM: Matt Ellsworth, Associate City Planner 6 (208) 884-5533 SUBJECT: 2007 Community Development Block Grant Action Plan Amendment, Public Comment Period 1. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The 2007 Action Plan allocated just over $110,000 towards the demolition of a blighted and substandard property within the Meridian Urban Renewal Area. The project cost $30,000.00 leaving a balance of unspent funds in the amount of $80,000.00. In accordance with our citizen participation plan, which was approved with the CDBG Consolidated Plan, we are required to have a public comment period to obtain input when additional projects are added to the CDBG program. We are proposing to amend the 2007 Action Plan to add two new projects to expend residual grant funds. 2. 5UNIlVIARY RECOMMENDATION Staff recommends opening the public hearing comment period commencing February 10, 2009 and closing on Wednesday, March l la' at 5:00 P.M for the purpose of obtaining comment on the proposed projects listed below. 3. SUMMARY OF SUBSTANTIAL AMENDMENT a. At this time, staff is proposing to amend the 2007 action plan to add two new projects. The projects are briefly listed below: 1. Provide Meridian Food Bank with $10,000 to substantially increase their ability to serve the Meridian area and 2. Provide the. Boys and Girls Club with $2,000 to build a fence around their new location to allow staff additional time to spend with other children. A copy of the full report can be found online at httn://www.meridiancity org_/ lp anning~zonin~/community development/index asp . 4. PROCESS FACTS a. Published public notice January 26, 2009 in the Idaho Statesman and Palley Times. 5. EDITS a. Tables of New Projects Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Community Improvement Project Title Boys and Girls Club Fence Project Description The City intends to provide the Boys and Girls club with $2,000 to help pay for the installation of a fence to enable the Club to provide safe outdoor space to Club members, as well as free up staff time to serve more members in quality programs. Objective category: ®Suitable Living Environment ^ Decent Housing Opportunity Outcome category: ^ Availability/Accessibility ^ Affordability Location/Target Area 911 N. Meridian Rd., Meridian, Idaho 83642 Objective Number Project ID SL3.3 HUD Matrix Code CDBG Citation 03D 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Subrecipient LMC Start Date Completion Date 03/20/2009 09/30/2009 Performance Indicator Annual Units # of individuals served 30 Local ID Units Upon Completion 30 Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ^ Economic ® Sustainability $2,000 $2,000 $2,000 The primary purpose of the project is to help: ^ the Homeless ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs U.S. Department of Housing and Urban Development Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Community Improvement Project Title Meridian Food Bank Public Service OMB Approval No. 2506-0 (Egp. S/3l/200 Description The City intends to provide a $10,000 grant to the Meridian Food Bank to pay for labor, supplies, and materials needed to operate the facilities to help qualifying LMI Meridian families during this hard economic time. Objective category: OPporhanity Outcome category: Location/Target Area Citywide as applicable ® Suitable Living Environment ^ Decent Housing ^ Availability/Accessibility Objective Number Project ID SL3.3 HUD Matriz Code CDBG Citation 5 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subrecipient LMC Start Date Completion Date 03/20/2009 09/30/2009 Performance Indicator Annual Units # of families served 30 Local ID Units Upon Completion 30 ^ Affordability Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ^ Economic ® Sustainability $10,000 $10,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,000 The primary purpose of the project is to help: ^ the Homeless ^ Persons with HN/AIDS ^ Persons with Disabilities ^ Public Housing Needs March 24, 2009 CPA 09-003 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT Garland Goff and Shannon Hamrick ITEM NO. 14 REQUEST Public Hearing -- Request to change the Comprehensive Plan Future Land Use Map designation on 2.051 acres of land from "medium density residential to commercial" for Goff -- 1665, 1705 and 1725 W. Pine 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 HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Pat<Z Item Packet / Minutes See attached Recommendations Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. March 24, 2009 AZ 09-001 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT Garland Goff and Shannon Hamrick ITEM NO. 15 REQUEST Public Hearing -- Request for Annexation and Zoning of 0.76 acres with a C-N zone for Goff -- 1725 West Pine Avenue AGENCY COMMENTS CITY CLERK: See attached P8Z Item Packet /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations 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: Matertals presented at public meetings shall become property of the CHy of Mertdian. March 24, 2009 CPA 08-012 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT City of Meridian Planning Department ITEM NO. 16 REQUEST Public Hearing -- Request to add 54.9 acres of land to the Comprehensive Plan Future Land Use Map with designations of Public /Quasi Public and Low Density Residential for River Planning Area AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached P8Z Item Packet /Minutes See attached Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdtan. March 24, 2009 CPA 08-013 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT City of Meridian Planning Department ITEM NO. ~ 7 REQUEST Public Hearing -- Request to change the text of the Comprehensive Plan revising the name of the Mixed Use WWTP designation to Mixed Use Non- Residential for the Mixed Use Non-Residential Text AGENCY COMMENTS CITY CLERK: See attached P>f<Z Item Packet /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations 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 Cffy of Meridian. March 24, 2009 MERIDIAN CITY COUNCIL MEETING March 24, 2009 CPA 08-014 APPLICANT City of Meridian Planning Department ITEM NO. ~ $ REQUEST Public Hearing -- Request to re-designate approximately 265 acres from Low Density Residential, Medium Density Residential and Mixed Use Regional to Mixed Use Non Residental for State Highway 69 8~ Amity 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: ITD: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached P8Z Item Packet /Minutes See attached Recommendations See attached Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meetings shall become property of the City of Meridian. March 24, 2009 RZ 05-018 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT City of Meridian ITEM NO. 19 REQUEST Amendment to Ordinance No. 05-1201 A -- Request for a Rezone of 71.24 acres from I-L to C-G zone for Crossroads Shopping Cen#er, Presidential Subdivision, 8 Reagan Subdivision -SEC of Eagie Road 8~ Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY Se® 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: SANCCARY 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 meeflngs shah become propert~r of the City of Meridian. 5 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 04109109 02:49 PM III I'IIII'lllll~l~l"I'llllll'IIII ~II DEPUTY 1~cld Allan RECORDED-REQUEST OF igg~4~~4~ Meridian City CITY OF MERIDIAN AMENDED ORDINANCE NO. OS-1201A ZAREMBA BY THE CITY COUNCIL: BIRD, HOAGLUN, RO ING CENTER/ AN AMENDED ORDINAN S ON/REAGAN SUBDIVISION) FOR REZONE OF THE PRESIDENTIAL SUBDIVI ZONING CLASSIFICATION FOR REAL SHIP 3 NORTH,CRANGEINl EAS T' NORTHWEST 1/ OF SECTION 9, TOWN „ MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED DIN A~TTD T R~RI RY, OF THIS ORDINANCE AND REZONING CERTAIN SITUATED IN ADA COUNTY, IDAHO' AND ~G THETH~D ~E ZONIN IMITS OF THE CITY OF MERIDIAN; AND RE-ZONIN CLASSIFICATION OF SAID LANDS FROM I-L (INDUSTRIAL) TO C-G (GENERAL RETAII. & COMMERCIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINO TY ~CO~E~ ~D THE THE ADA COUNTY ASSESSOR, THE ADA IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING AND PROVIDING FOR A WAIVER OF FOR A SUMMARY OF THE ORDINANCE; THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho. SECTION 2. That the above-described real property is hereby re-zoned from I-L to C-G (General Retail & Commercial) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City ofMeridian re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. AMENDED ORDINANCINEIOS~OD1A`~F ON/REAGAN~1[JBDTVI IONG Page 1 of 3 CENTER/pRESIDEN SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. `PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~7 "~ day of 2009. (~, ~~A~PPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~l_~ day of ~ 2009. 1 ~~ ATTEST: ,.~`~~~`,`` ®~ ~~®~~9,~~~'~% ~~ JAYCEE OLMAN CITY (~.E ~~ '~., 'PQ VST 1st ~ ~'~" ',v®~w P?7?6 AMENDED ORDINANCE 05-1201A FOR CROSSROADS SHOPPING CENTER/PRESIDENTIAL SUBDIVISION/REAGAN SUBDIVISION -Page 2 of 3 STATE OF IDAHO, ) ss. County of Ada ) On this ~~ day of ~U~a ~' ` , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. ~' ~ , ~~ _~~~ AMENDED ORDINANCE 05-1201A FOR CROSSROADS SHOPPING CENTER/PRESIDENTIAL SUBDIVISION/REAGAN SUBDIVISION -Page 3 of 3 RR-ZON)v BOt71~Ti}AR'Y D~SCRIPT)<ON TOR TIME CITY OF lYIERIDTAN, ADA COUNTY, IDAI~O A parcel located in the NV,~ '/ of Section 9, Township 3 North, Range 1 East, Boise 1Vleridian, Ada Coa.uity, Idaho, more particularly described as follows: BEGIIJNING at a brass cap monument marking the northwesterly corner of said NW % from which a S/8 inch diamefer iron pin marking the nartlteasterly corner of said NW '/-0 bears S 89°22' 10" E a distance of 2659.63 feet; Thence S 89°22' 10" E along the northerly boundary of said NW '/ a distance of 2023.49 feet to a point on the centerline of Records Avenue; Thence along said centerline the following described courses: Thence .leaving said northerly boundary S 0°2S'00" W a distance of 741.7 4 feat to a point; Thence a distance of 72.37 feet along the arc of a 171.75 foot radius curve left, said curve leaving a central angle of 24°08'33" and a long chord bearing S 11°39'17" E a distance of 71.84 feet to a paint; Thence a distance of 73.GS feet along the arc of a 203.61 foot radius curve right, said crave having a central angle of 20°43'27" and a long chord bearing S i3°21'49" E a distance of 73.25 feet to a point; Thence leaving Bald centerline N 89°35'00" W a distance of 1049.ti0 feet to a point; Thence S 1 °08'4S" W a distance of 62.50 feet to a point; Thence N 88°51' 1 S" W a distal;ce of 287.81 feet to a paint; Thence S 1°08'45" W a distance of 1073.50 feet to a point on the southerly boundary of said NW'/~; - Thence N 89°20'42" W a distance of 729.77 feet to a brass cap marking the southwesterly corner ofsaid NW l; ~ • Thence N 1°08'42" E a distance of2649.45 feet to the POINT Ol? BEGINNING. Tlus parcel contains 71.24 acres. Prepared by: Glenn K. Beiuiett, PLS Civil Survey Consultants, incorporated June l 5, 2005 ~~~~~~ ~ ~ ~ ~~ r_ ~ ~ ,~c- ~ ~. ~~-~ March 24, 2009 RZ 0$-004 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT Prtmeland Development Company ITEM NO. 2O REQUEST Oridnance -Request for Rezone ofi 93.64 acres from L-O 8~ R-4 to G-G L-O, C-C & R-15 zones for Volterrp Mixed Use -- west of North Ten Mile Road and north of West McMillan 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 SCHQOL 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 attach ~~ 0 l'~0.y q' Date: Phone: Staff initials: Materigis presented at public mgettnss shall become propsriy of the GNy of Meridian. March 24, 2009 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT ITEM NO ~ Z1 REQUEST Executive Session per Idaho Sfiate Code 67-2345(1)(f) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ,• MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joe Horton Charles Rountree David Zaremba CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6844 Police 1401 E. Watertower Lane 888-6678 /fax 846-7366 Fublic Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 39.01 N. Ten Mile Road 888-2191 /fax 884-0744 - Water 2355 N.W. 8th Street 888-5242 /fax 884-1159 R~E~~r~ MAR r ~ ~~ ~ 2009 CI~~~ERKS OFF CE DELIQUENCY FOR TURN OFF Schedule for March 24, 2009 Cycle 1 MAYOR: This letter attests to the fact that no water users have requested apre-termination hearing for March 24, 2009. Users having delinquent utility bills will be shut off on March 25, 2009. The total amount past due is $11,873.09 The number of past due customers is 132 Jacy Jones Utility Billing Administrator CITY HnLL 33 EAST Innxo AvENUE MExmIAN, IDAHO 83642 208) 888-4433 CITY CLERK - FAX 888,4218 CITY ATTORNEY / HR-FAX $$4-8723 FpVA1VC:E & tPiTLTCP BILLiIVG -FAX ~7 13 MAYOR'S dFFICE -FAX 884-8116 CITY OF MERIDIAN Shutoff Acxount List CITY COUNCIL Page: 1 ,. Standard Payment Customers Mar 24, 2009 03:45pm Current Period: 04/05/2009 -Transactions Included Through: 04/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () _ {<}7700000001 Customer.B!II Cycle =1 Customer.Customer Type = {not like} BANKRUPTCY% Customer.Shut off list =False Customer.Vacant =False Customer.Ext Agreements =False Ref No 1 NO ARRANGEMENTS TIL 6/22!07. Past Due Balance 72.24 115.71 2 36.69.0490.02 BABCOCK, KATHRYN 69.31 113.09 1186 SHEPHERD ST E NO ARRANGEMENTS FOR RENTERS!!!!! 3 25.09.0056.02 BANK, DAYLE 92.42 148.69 918 BRITT PL N RENTER PAYS TOTAL DUE + FEE--NO ARRANGEMENTS ALLOWED FOR THE RENTER 4 30.74.3030.02 BARNES, NATHAN & PAVELEE, JOSH 50.57 105.11 989 LOON ST W RENTER PAYS TOTAL DUE + FE.E - NO ARRANGEMENTS ALLOWED FOR RENTERS PER HPM!!! Cust No Name /Service Address 30.74.1026.01 ANDERSON, DOUGLAS & 52 ROSE CL 5 23.02.0888.01 BASABE, GARID 88.41 126.08 1202 PINE AVE W 6 22.51.2622.01 BENTLEY, DONALD 211.29 423.36 505 KING ST E 7 30.74.2714.04 BICANDI, ZOE & CAROL 117.39 228.11 1010 CRESTWOOD DR 8 32.32.4068.04 BIRK, SHAWN & TARA 51.62 67.95 1726 PRATT ST E 9 30.30.6236.03 BLEDSOE, STEPHANIE 67.72 114.38 1243 JACKSNIPE DR W 10 37.37.3040.01 BLOWERS, DAN & MADELEINE 86.33 182.74 3054 BEAR CLAW PL S CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Mar 24, 2009 03:46pm Cun'ent Period: 04/05/2009 -Transactions Included Through: 04/05/2009 Shutoff Minimum of $50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 11 24.03.0396.05 BOOTHE, KEVIN & KITTY 67.20 134.19 841 TALL PINE PL N 12 34.34.6008.02 BOUCHARD, LEO & DOREEN 60.08 62.96 3068 BAY STAR WAY S 13 25.05.0368.01 BOUDREAUX, JAMES 62.75 130.66 4089 BLUE CREEK DR W 14 25.25.1006.02 BRENNAN, TERRENCE & GAYLE 53.25 118.24 4671 BIG CREEK ST W 15 37.72.0284.01 BUERKLE, DWIGHT 67.40 152.18 2250 GULL COVE PL S RENTER PAYS TOTAL DUES + FEES 16 24.04.2308.01 BUTTERFIELD, CHARLES & TONI 90.65 193.76 1475 SANTA ROSA PL N 17 24.04.1800.05 CASE, TRENT 105.36 173.54 2424 SANTA CLARA DR W RENTER PAYS TOTAL DUES + FEES 'k*"NO ARRANGEMENT PER THE PM "*i`ALL CHANGES MUST BE IN WRITING!!! 18 30.30.6120.04 CASTILLO, ARIEL ~ PEREZ, WENDY 69.81 124.04 950 OTTER AVE S 19 23.02.3712.02 CHERRY, LANAE 69.50 117.62 1625 MERIDIAN ST 20 45.20.0903.03 CHRISTENSEN, KELLI A.. 86.73 150.26 3311 POMPEI AVE S 21 22.50.2252.05 LOLLING, RYAN & TRAUB, NICHOLE 98.58 146.70 1062 MAPLE CREEK AVE N 22 23.02.4280.03 CORBETT, ANITA K 87.78 220.89 1226 MAPLE ST 23 35.35.6038.02 DAMICO, PAUL & DAWN 53.85 83.64 1690 FIRESIDE DR E RENTER PAYS TOTAL DUES + FEES 24 30.74.3716.03 DANNER, LESLIE AND TERRIANN 89.88 139.73 1100 MUSCOVY AVE S NO ARRANGEMENTS FOR RENTERSI~ CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 , Standard Payment Customers Mar 24, 2009 03:47pm Current Period: 04/05/2009 -Transactions Included Through: 04/05/2009 Shutoff Minimum of $50.00 compared to Delinquent Balance 25 36.69.0530.03 DAVISON, DANNY J 82.55 130.67 1053 PEACOCK ST E 26 35.43.0203.03 DE BOARD-WILLMORE, AMY S 67.23 149.09 3169 SIDURI AVE S RENTER PAYS TOTAL DUE + FEE 27 24.04.1694.05 DEL VECCIHO, MICHELE 122.75 197.04 2634 LEROY CT W NO ARRANGEMENTS ALLOWED UNTIL 9/23/09 28 30.74.1068.01 DEROUEN, DENTS 908.58 935.49 10 ROSE CL 29 25.95.0813.03 DIETRICH, JD ~ DENISE 79.38 167.04 815 WOLFSBURG AVE N 30 35.65.0416.02 DILECCE, JOE & TERESA 53.45 112.33 2427 BRANDYS JEWEL AVE S 31 45.25.0401.02 DURON, RAMONA & RANDALL, ROB 139.33 195.33 1380 SICILY ST E 32 45.20.0305.02 ELWELL, BRANDY 8 PAMELA 65.27 144.37 3268 MURLO WAY S 33 37.50.0603.01 ERIC EVANS CONSTRUCTION 56.42 89.09 437 ORSO DR W 34 25.95.0916.02 FANNIN, ROGER 55.02 106.37 4269 DOVER DR W 35 23.02.5890.01 FEIL, KAY OR SKIP FEIL 94.93 199.81 103615TH AVE W 36 35.35.0087.04 FIELDS, SCOTT 8~ CHRISTINE 65.63 168.15 2832 INDIAN CREEK DR E NO ARRANGEMENTS ALLOWED FOR FIELDS UNTIL 3/3/09 DUE TO BROKEN ARRANGEMENT-DID NOT KEEP LAST ARRANGEMENT-DB 3/4/08 NO ARRANGEMENTS ALLOWED UNTIL 9/25/08-CUSTOMER USED 2ND ARRANGEMENT ON 2/26/08-DB 2/26/08 37 29.07.1064.02 FOLK, CHRIS 171.11 256.70 343 MALACHITE AVE S 38 30.30.6212.02 FORSTER, PAMELA 58.10 126.01 1232 JACKSNIPE DR W 03/05/09 07.30 AM BalderaClA CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Standard Pa Page: 4 yment Customers Mar 24, 2009 03:47pm Current Period: 04/05/2009 -Transactions Included Through: 04/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance PAYMENT ARRANGEMENT KEPT 3 MORE ARRANGEMENTS THIS YEAR 2009 WITH (FORSTER) 02/24/09 - 08:33 AM - nicholse ARRANGEMENT $51.69 DUE ON 3/4 3 MORE UNTIL 2/23/10 39 20.46.0184.02 FRAZIER, LLOYD 58.10 119.90 3566 JUDICIAL DR E 40 36.68.0142.04 FRENCH, ANGLE, $ ROBERT FRET 179.19 208.98 2569 VELVET FALLS WAY S 41 23.02.3680.04 GARCIA, ERIK & JOHNSON, CALEB 75.92 149.98 103 WASHINGTON AVE W 42 35.35.0050.03 GASH, MICHAEL & KIMBERLEE 91.24 153.04 2554 GREEN CANYON DR E 43 30.74.0384.03 GENTHER, RODNEY & JESSICA 50.37 104.64 656 FULMER CT 44 45.26.0113.02 GEORGESON, KEITH & LINDA 120.30 165.54 1312 MONA LISA DR E 45 30.30.6042.02 GLASS, ANNETTE 93.78 128.22 1397 SILVER SALMON DR W 46 45.25.0213.02 GOMEZ, JASON $ LEAH 67.40 138.50 1401 PALERMO ST E 47 24.04.1206.01 GREEN, KEVIN 121.41 178.83 2511 FORECAST ST W 48 30.30.6022.03 GREG ~ PAMELA SLEVIN 100.71 135.15 1589 SILVER SALMON DR W 49 24.03.0034.01 GROUND, JENNIFER 99.54 161.34 2188 JAYTON DR W 50 24.04.0512.03 HARRIS, KATHY 74.93 181.19 2638 WAVE CT W NO ARRANGEMENTS FOR RENTERS (J. KRALL) PER OUR OFFICE. DID ILLEGAL TURN-ON AND LEFT LARGE BALANCE AT PREVIOUS RESIDENCE, 696 TIDWELL CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Mar 24, 2009 03:48pm Current Period: 04/05/2009 -Transactions Included Through: 04/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 51 24.61.0213.02 HELP FUND 3, LLC 121.09 180.24 870 GRAY CLOUD N NO ARRANGEMENTS FOR RENTERS!!! 52 34.34.6254.01 HERGERT, BRYCE & PENNY 62.55 155.44 2860 GROOM WAY S 53 30.30.6268.08 HESSLER, PATRICK ~ TERESA 53.45 124.55 1203 BROOK TROUT CT W 54 22.50.4022.04 HICKEY, M. JEAN 109.25 174.24 1058 STONEHENGE WAY N 55 25.05.0722.02 HOLLEY, ANNA 90.64 214.34 3540 FIR CREEK CT W #1 56 30.30.6128.02 HOUDE, RICHARD $ CATHRYN 90,E 146.55 1415 BROWN TROUT DR W 57 37.37.3702.02 HULSEY, KEVIN 58.10 139.96 721 CHRISTOPHER ST W (CORNER) 58 30.74.2912.02 JAQUES, RENAE 67.36 146.03 1411 GREENHEAD DR W 59 25.95.1408.02 JENSEN, DANE 113.13 178.16 4023 DOVER DR W 60 30.74.0422.04 JOKIC, ALEX 50.37 101.72 633 BARRETT ST W 61 35.65.0236.02 JONES, AMY 58.10 116.98 2521 RIVER DOWNS PL S 03/03/09 - 07:48 AM -BalderaM PAYMENT ARRANGEMENT KEPT THEREFORE 3 MORE ARRANGEMENTS ARE ALLOWED THIS YEAR FOR (JONES) 02/23/09 - 01:35 PM - nicholse ARRANGEMENT $89.96 DUE ON 2/27 3 MORE UNTIL 2/23/10 62 23.02.2310.02 KAREL, RUSTY 53.98 85.27 1231 1ST ST W 63 23.02.3430.03 KASPER, C. & JORGENSEN, T. ~ 87.77 168.21 539 WASHINGTON AVE W 03/05/09 - 07:31 AM -BalderaM CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Mar 24, 2009 03:49pm Current Period: 04/05/2009 -Transactions included Through: 04/05/2009 Shutoff Minimum of $50.00 compared to Delinquent Balance PAYMENT ARRANGEMENT KEPT 3 MORE ARRANGEMENTS THIS YEAR 2009 WITH (KASPER) 02/24/09 - 08:15 AM - BalderaM PAYMENT ARRANGEMENT WITH CHRIS KASPER TO PAY 62.10 ON 3-3-2009 PUT CHECK MARK ON THE ACCOUNT 64 24.15.0011.03 KIMMEL, ANGELA 59.01 101.02 2120 PINE AVE W RENTER PAYS TOTAL DUES + FEES 65 30.74.3508.03 KIMMEL, BRET & JOHNSON, ALANNA 103.88 161.34 1071 HONKER DR W 66 46.60.0618.02 KM CONSTRUCTION LENDING LLC 121.63 229.93 3903 BASILICA WAY S 67 22.51.3570.04 KNOX, JERRY & NORMA 58.68 111.49 305 2ND ST E 68 45.26.0401.03 KRAH, BRIAN & TINA 90.51 154.04 3854 BRIGHAM AVE S 69 30.74.0426.01 LACY, GLORIA 59.54 90.79 623 BARRETT ST W 70 23.03.9869.01 LAWRENCE, WENDELL $ KATHLEEN 333.20 337.44 SPK -444 CINDER RD N 71 22.50.2428.01 LEONARD, DAMON 8 KELLY 60.98 142.53 1332 PENRITH AVE N 72 32.32.4770.01 LEWIS, LANCE & JENNY 50.93 105.16 577 THORNWOOD WAY S 73 23.02.4520.02 LONG, JODIE 99.40 156.86 140913TH ST W 74 30.74.3228.02 LONG, SETH 8~ KRISTIN 72.05 163.21 1024 GREENHEAD ST W RENTER PAYS TOTAL DUES + FEES ""tN0 ARRANGMENTS PER THE OWNER CITY OF MERIDIAN Shutoff Account List CITY COUNCIL page; 7 .. Standard Payment Customers Mar 24, 2009 03:50pm Current Period: 04/05/2009 -Transactions Included Through: 04/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 75 24.03.0304.02 MACE-LANGORGEN, ANGIE 2087 SNYDER DR W Past Due Balance 58.10 124.55 76 22.50.0512.03 MARTINEZ, ANTONIO 59.87 120.25 1264 CATHY AVE N RENTER PAYS TOTAL + FEES 77 23.01.2240.02 MAYORGA, LUIS & DAMARY 53.46 86.21 1571 IDAHO CT W 78 32.32.4606.01 McCALLISTER, GARY 62.52 132.47 2115 BOWSTRING ST E 79 36.59.0307.04 McGRAW, MATTHEW 8~ NANCY 55.22 132.74 812 GLACIER BAY CT E 80 25.09.0042.02 MCMULLIN, LOVEANNE 68.99 111.00 915 BRITT PL N 03/03/09. -04:08 PM - BalderaM PAYMENT ARRANGEMENT KEPT THEREFORE 3 MORE ARRANGEMENTS ARE ALLOWED THIS YEAR FOR (MCMULLIN) LOVEANNE MADE ARRANGEMENTS FOR $51.69 BY 03/02/2009 CHECKMARKED ACCT 81 25.25.0154.04 MEDINA, MARIA 50.37 115.40 3321 WAVE DR W RENTER PAYS TOTAL DUES + FEES 82 46.46.7100.03 METTLER, MICHAEL ~ JENNIFER 85.85 163.06 3700 MILAN WAY S RENTER PAYS TOTAL DUES + FEES 83 47.90.0120.02 MILES, SHON 8~ DAWN 58.10 132.12 3820 MERRIVALE WAY S 84 30.74.3000.02 MILLER, ALDEN 90.74 142.09 613 CANVASBACK WAYS NO ARRANGMENTS PER PM!!!!!!!! 85 35.65.0312.04 MILLS, BRITNEY SU7~INNE 55.22 159.28 2086 EASY JET ST E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 • ~ Standard Payment Customers Mar 24, 2009 03:50pm Current Period: 04/05/2009 -Transactions Included Through: 04/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 86 23.02.2748.06 MUSIC, DAWN 67.71 112.95 1323 4TH ST W 87 35.35.5026.04 NEWELL, JONATHAN 86.33 183.93 2922 GOLD BAR AVE S 88 25.95.0919.02 NEWMAN, JAMES 8 ERICA 62.55 161.92 4203 DOVER DR W 89 23.01.0850.01 NOLTA, IRENE 70.22 148.93 311 BROADWAY AVE W 90 23.02.0210.01 O'HARE, ANTHONY $ JANET 78.47 160.37 1030 4TH ST W NO ARRANGEMENTS ALLOWED PERMANENTLY FOR O'HARE (RENTER) DUE TO BROKEN ARRANGEMENTS IN THE PAST WITH THE CITY AT OTHER PROPERTIES.-DB 5/19/08 RENTER PAYS TOTAL DUE + FEE 91 24.03.0044.02 PADGETT, DAVE & CHARLENE 97.40 165.31 753 ABERNATHY WAY N 92 30.74.3300.05 PADGETT, SEAN 103.50 202.27 1244 GREENHEAD DR W NO ARRANGMENTS ALLOWED PER OWNER !!!!!! 93 35.35.0172.03 PERRY, DANIEL & LORI 67.40 165.31 2829 GIVENS WAY S 94 23.02.0070.02 PINKSTON, TONYA ~ THOMAS 107.47 178.57 922 2ND ST W 95 34.60.1214.03 QUINTANA, ROBERT & EMIKO 68.97 128.16 2695 TEDDY AVE S RENTER PAYS TOTAL DUE + FEE 96 23.02.2110.04 RABWIN, MARCUS. 75.05 137.43 223 CAMELLIA AVE RENTER PAYS TOTAL DUE + FEE 97 30.74.3570.03 RAMOS, KAYLEIGH 53.45 119.90 844 PELICAN WAY S RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE OWNER!! CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 . ~ Standard Payment Customers Mar 24, 2009 03:51 pm Current Period: 04/05/2009 -Transactions Included Through: 04/05/2009 Shutoff Minimum of $50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 98 20.47.1002.04 RANGEL, JUAN 123.20 282.97 1020 PARKDALE AVE N (CORNER) 99 23.02.2160.01 REEVES, GARY 87.77 178.70 224 CHERRY AVE W 100 30.74.3962.03 RICHARDS, BLAKE & 139.25 267.07 1310 GANDER DR W 101 35.35.0404.04 ROBERTSON, BRIAN 58.10 117.25 2957 HORSE CREEK ST E 102 24.04.1900.03 ROGGIO, ARMANDO ~ MELISA 106.37 239.15 2042 LUCERNE ST W 103 25.95.0709.03 ROWLEY, TRAVIS $ TED 72.62. 137.65 979 WOLFSBURG AVE N RENTER PAYS TOTAL DUES + FEES ~"`NO ARRANGEMENTS PER THE OWNER 104 37.72.0164.03 RUIZ, ERIN 55.22 112.68 1958 COVEY PL S RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS FOR RENTERS PER HPMIIIIIIIIIIIII 105 30.74.3432.02 SAGER, LEE & NADEAN 97.36 163.81 940 VERBENA DR W 106 46.18.1515.01 SCHROEDER ENT 50.40 77.31 2448 SANTO STEFANO DR E 107 35.38.0304.03 SCHUTTE, GREG ~ JENNIFER 53.45 116.98 3081 GUNNELL AVE S 108 23.02.5390.04 SHELBY, IDRIS 123.76 218.11 1420 ELM PLACE 109 24.04.1878.03 SHIRLEY, GARRY 78.80 137.68 1472 TINA MARIE AVE N 110 37.50.0228.02 SILSBY, LAURA 70.28 205.08 2828 ALFANI WAY S 111 36.69.1292.03 SIMMONS, BRETT 108.47 201.40 584 WHITEHALL ST E I a CITY OF MERIDIAN Shutoff Acxount List CITY COUNCIL Page: 10 • • Standard Payment Customers Mar 24, 2009 03:52pm Current Period: 04/05/2009 -Transactions Included Through: 04/05/2009 Shutoff Minimum of $50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 112 30.74.3438.03 STAPLETON, DAVID & KRISTI 59.87 128.09 998 VERBENA DR W 113 23.02.1160.01 STATES, DION 106.79 155.22 37 CHERRY AVE W 114 35.35.0170.03 STEELE, STEVEN W 72.29 143.39 2787 GIVENS WAY S 115 20.46.0100.02 STEWART, LARRY $ RONDA 72.05 153.91 3437 PRESIDENTIAL DR E 116 30.74.2664.02 STON, JOE 62.55 118.51 430 OUTFIELD WAY S 117 24.70.0108.02 SWOPE, MICHAEL ~ MARY JANE 136.17 203.20 3056 ACARRERA LN W 118 35.64.3046.02 TORRES, JUAN 103.12 177.45 1860 DWORSHAK DR E RENTER PAYS TOTAL DUE + FEE 119 24.03.0398.05 TRIMINIO, OSCAR & ENELDA 91.89 167.41 823 TALL PINE PL N 120 36.69.0112.01 TRUJILLO, PHILLIP $ DIANA 82.99 140.10 1448 BLUE TICK ST E 121 22.50.4008.03 VILLAREAL, CAROLINA 67.40 167.04 950 STONEHENGE WAY N 122 35.35.5017.02 WAGEMAN, CLINT ~ ANGELA 102.57 129.48 2229 MACKAY CT E 123 22.50.0310.02 WETZLER, VICTOR 94.95 152.41 225 CARLTON AVE E NO ARRANGEMENTS FOR THE RENTERS!!! 124 35.35.0097.02 WHITED, NEIL & CHRISTINE 129.38 191.49 2530 INDIAN CREEK DR E 125 22.50.2418.02 WHITEHEAD, CODY 82.55 132.13 1383 DRUCKER ST E NO ARRANGEMENTS FOR RENTER AS PER OWNER i . CITY OF MERIDIAN Shutoff Account List CITY COUNCIL ' " Standard Payment Customers Page: 11 Current Period: 04/05!2009 -Transactions Included Through: 04/05/2009 Mar 24, 2009 03:53pm Shutoff Minimum of $50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 126 22.50.4582.01 WHITNEY, CRYSTAL 914 2ND ST E NO ARRANGEMENTS PER THE PM 127 25.05.0792.01 WICK, DON 3732 PINE CREEK CT W 128 22.51.0862.04 WILKINS, JON 315 PINE AVE E RENTER PAYS TOTAL DUE + FEE 129 24.04.1766.03 WILLIAMS, DARRELL 8 KITTY 2492 WILLARD ST W 130 22.51.0902.02 WOOD, TRAVIS & HAMES, BRANDIE 505 PINE AVE E NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE OWNER!!! 131 30.74.0338.01 MEAGER, RODERICK S. 685 HANOVER CT 132 34.98.0006.01 ZAMZOWS SPK - 3650 OVERLAND RD E Grand Totals: 132 Customers Listed Report Criteria: Terminated customers not included Customer.Cust No () _ {<}7700000001 Customer.Bill Cycle =1 Customer.Customer Type = {not like} BANKRUPTCY% Customer.Shut off list =False Customer.Vacant =False Customer.Ext Agreements =False Past Due Balance 79.87 138.79 59.09 131.65 78.12 126.24 55.22 131.28 72.14 120.57 83.24 125.25 69.92 83.38 11,873.09 20,818.98