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HomeMy WebLinkAbout2009-03-03;' I C"~~ S ~ C~~T -~Gr ~u ~I ~ c V~10f tC ~ ~C~ hIL~ ~ ~ (~~E IDIZ IAN,~- ~/ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, March 3, 2009 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before The Mayor and City Council are expected to be Truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Darrell Taylor with Ten Mile Christian Church 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of February 10, 2009 City Council Regular Meeting: B. Approve Minutes of February 24, 2009 City Council Regular Meeting: C. Task Order No 10006 - On-Call Collection Svstem Enaineerina Services with MSA for $24,500: D. Chanae Order No 1 with H2 Excavation for the 8t" Street Park Pedestrian Pathway and Box Culverts -Phase 1 Construction for $3,161.17: Meridian City Council Meeting Agenda -March 3, 2009 Page 1 of 3 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. Public Works Department: 1. Reimbursement Agreement with JLJ Enterarises, Inc for Overland Road Water Main for $138,240.83: 7. Items Moved from Consent Agenda: 8. Public Hearing: MDA 09-002 Request to modify the Development Agreement for Woodbridge (Instrument #100006602) by T.T.S. Developments, LLC - 385 S. Locust Grove Road: 9. Amended Ordinance No. 09-1394: Design Review Ordinance Meridian City Council Meeting Agenda -March 3, 2009 Page 3 of 3 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. C~ E II~IAI~TT~- 1 • CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, March 3, 2009 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Darrell Taylor with Ten Mile Christian Church 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of February 10, 2009 City Council Regular Meeting: B. Approve Minutes of February 24, 2009 City Council Regular Meeting: C. Task Order No. 10006 - On-Call Collection System Enaineerina Services with MSA for $24,500: D. Chance Order No. 1 with H2 Excavation for the 8th Street Park Pedestrian Pathway and Box Culverts -Phase 1 Construction for $3,161.17: Meridian City Council Meeting Agenda -March 3, 2009 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Approve Award of Bid and Contract with Treasure Valley Drilling for Well 28 Production Well for $244,026.00 with a Spending Authority fora 10% Contingency Amount: F. License Agreement with Nampa & Meridian Irrigation District for Ten Mile Interchange Project: G. Resolution No. Multi-Year Water and Wastewater Rate Adjustment: H. Approve Award of Bid and Contract with ACHD for Water and Sewer Improvements for Salit Corridor Phase 1 for $115,921.47: I. Acceptance Agreement for Display of Artwork of Gertrude Hudson in Initial Point Gallery: 6. Department Reports: A. Clerks OfFice 1. Discussion of Joint Meeting with Ada County Agenda Items: B. Legal Department: 1. Update on Meridian Heights /Kentucky Ridge Request for Service: C. Purchasing Department: 1. Status of Bid with MetroQuip: 2. ABM Janitorial Budgeted Contract Amendment No 1 for $1,538.00: 3. Alpha Masonry Budgeted Contract Amendment No 2 for $5,198.00: 4. Axelsen Concrete Budgeted Contract Amendment No 3 for $3,127.00: 5. Sunshine Landscape Budgeted Contract Amendment No. 2 for $32,610.00: Meridian City Council Meeting Agenda -March 3, 2009 Page 2 of 3 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. 6. Discussion on Janitorial Bid: D. Public Works Department: 1. Reimbursement Agreement with JLJ Enterprises, Inc for Overland Road Water Main for $138,240.83: 7. Items Moved from Consent Agenda: 8. Public Hearing: MDA 09-002 Request to modify the Development Agreement for Woodbridge (Instrument #100006602) by T.T.S. Developments, LLC - 385 S. Locust Grove Road: 9. Amended Ordinance No. 09-1394: Design Review Ordinance: Meridian City Council Meeting Agenda -March 3, 2009 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • E IDIAN=~--- CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Mayor's Updated/Noted Agenda Tuesday, March 3, 2009 at 7:00 p.m. ~ ~O`~ ~(~ "Alfhough the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to 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 n/ Z. Pledge of Allegiance: ~. Community Invocation by Darrell Taylor with Ten Mile Christian Church ~4. Adoption of the Agenda: ~~ ~~~ u~5. Consent Agenda. rho A. Approve Minutes of February 10, 2009 City Council Regular Meeting: B. Approve Minutes of February 24, 2009 City Council Regular Meeting: C. Task Order No 10006 - On-Call Collection System Engineering Services with MSA for $24,500: D. Change Order No 1 with H2 Excavation for the 8th Street Park Pedestrian Pathway and Box Culverts -Phase 1 Construction for $3,161.17: Meridian City Council Meeting Agenda -March 3, 2009 Page 1 of 3 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. t~ C~,Q~t ~ ~ ~ C ~-4 ~ 6. Disc ~'1~~ l~'"~'" '- ussion on Jarntor~al B d: ~- ~~ ~ ~ Q a ~ Public Works Department: , , . ~~ ~ 4 1. Reimbursement A reement with JLJ Ente rises Inc Overland Road Water Main for $138,240.83: ~~ 7. Items Moved from Consent Agenda: ` -1~r~~J'E -~LD~ 8. Public Hearing: MDA 09-002 Request fo modify the Develo ~ent Agreement for Woodbrids~e (Instrument #100006602) by T.T.S. ~ ~ Development , LLC - 385 S. Locust Grove Road: J ~ ~~~~_, j ; ~ ~S• x.00.¢ ~~ ~ti~to~ .arm 9. Amended Ordinance No. 09-1394: Desig evie Ordinanc ~ ~ , ~~ l I ~ a ~ ©~ ~ ~D i ~~ ~' ~ ~ • 1l ~r ~~ ~o~ Qs~a.~-~ P.,~,,~ ~- ' ~ C. ~~ 73,ii u. ~S~D ~~ ' ~ ~~~~~~ Meridian City Council Meeting Agenda -March 3, 2009 Page 3 of 3 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 3, 2009 A meeting of the Meridian City Council was called to order at 7:03 p.m., Tuesday, March 3, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Anna Canning, John Overton, Bill Johnson, Keith Watts, Clint Dolsby 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: Well, good evening. I'll go ahead and start tonight's meeting. We will thank you very much for joining us here tonight, spending your time with us. We like to think it's a very entertaining meeting, but we have seen some people sleep, so maybe it's not an entertaining as we think. For the record, it is Tuesday, March 3rd. It's 7:03. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) De Weerd: And if those in the back of the room cannot hear us, if you will just give us an indication, we still are trying to find that balance with our sound system. Okay. And, Council, that means no whispering. Rountree: Can you hear us now? Okay. Item 3. Community Invocation by Darrell Taylor with Ten Mile Christian Church. De Weerd: Okay. Very good. Item No. 3 is our community invocation by Darrell Taylor. He's with the Ten Mile Christian Church. If you will all join us in the community invocation or take this an opportunity for a moment of reflection. Pastor. You have your choice. Taylor: Is that right? Meridian City Council • • March 3, 2009 Page 2 of 38 De Weerd: Uh-huh. Bird: He's wearing his pin. De Weerd: Very good. I'm impressed. Taylor: Well, Heavenly Father, we are just very, very thankful and very blessed to live in this country that -- that we just pause and just to say thank you. And, Father, we ask that you would just be with the leaders of this nation. Father, be with those that are fighting to keep us free. And, Father, we just ask for their safety. And, Father, for this community, we just thank you again for -- for this wonderful place to live and raise our kids and just to enjoy life and, Father, I just thank you for the men and women that have dedicated their lives to -- to make sure that this is a good place to live and, Father, I just ask for your guidance and blessings on them. Father, for this meeting that you will just give them the wisdom needed to take care of the business at hand and, Father, just ask that as we drive home tonight that you will just keep us safe and sound and we just thank you in Jesus' name, amen. De Weerd: Thank you for joining us tonight and also for promoting the City of Meridian on your shirt. Item 4: Adoption of the Agenda: De Weerd: Okay. Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would note that on the Consent Agenda, Item 5-G, the resolution number is 09-653. On the Department Reports, under B., Legal Department, there has been a request to remove that from this meeting and have it next week. And that being the only changes to the agenda, I move we adopt the agenda. Hoaglun: Second. De Weerd: I have a motion and a second to approve the adoption of the agenda. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of February 10, 2009 City Council Regular Meeting: Meridian City Council March 3, 2009 Page 3 of 38 B. Approve Minutes of February 24, 2009 City Council Regular Meeting: C. Task Order No. 10006 - On-Call Collection System Engineering Services with MSA for $24,500: D. Change Order No. 1 with H2 Excavation for the 8th Street Park Pedestrian Pathway and Box Culverts -Phase 1 Construction for $3,161.17: F. License Agreement with Nampa & Meridian Irrigation District for Ten Mile Interchange Project: G. Resolution No.: Multi-Year Water and Wastewater Rate Adjustment: H. Approve Award of Bid and Contract with ACHD for Water and Sewer Improvements for Split Corridor Phase 1 for $115,921.47: I. Acceptance Agreement for Display of Artwork of Gertrude Hudson in Initial Point Gallery: De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As previously noted, Item G is resolution number 09-653 and with that I move that we adopt the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Hoaglun: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Bird. Bird: On Item E they are asking spending authority for a ten percent contingency amount. I have a problem with that. I feel that if -- on something like this, drilling a well, that if they need to change -- if they need a change or something, they can come back and -- and get a change order as they go through and, in fact, on drilling a well, I can't understand why we would even need a -- if we have done our homework like we should. So, I would ask the maker of the motion if he would eliminate, with the permission of the other Councilmen. Meridian City Council March 3, 2009 Page 4 of 38 Zaremba: I would be happy to do that. Should we move it to discussion in Item 7 or you just want to remove it entirely? Bird: I just want to remove the contingency -- the ten percent contingency. The amount is no problem at all. Zaremba: I think by the nature of the Consent Agenda we need to move this, then, off of the Consent Agenda and call it Item 7-E and we will take that up at that time. Therefore, the Consent Agenda that I am moving is Items A through I, minus Item E, and I have already mentioned the resolution number for G. Hoaglun: I will second that. De Weerd: Okay. Second agrees. Consent Agenda approved with the suggested change. If there is no further discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carves. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Clerks Office 1. Discussion of Joint Meeting with Ada County Agenda Items: De Weerd: Okay. Under Item 6-A we have a clerk's report. Madam Clerk. Holman: Madam Mayor, Members of the Council, with several items that have been submitted -- and this is for upcoming meeting next Monday, joint meeting with the Ada County Commissioners, I sent a-mails to them and they came back with one item that they would like on next week's joint meeting and that is regarding annexation of the Ten Mile property that they talked about. And, then, I had other possible items were coordinating capital plans for fire and EMS. Kentucky Ridge and Meridian Heights. Title 9 revision. And planned community revisions as initiated by Ada County. Those are the -- so, I have a total of one, two -- five items so far. So, I'm just taking direction as to what you would like us to put forward and send to the commissioners as a preliminary agenda. De Weerd: Well, I believe there is an active application for the property on Ten Mile, isn't there? Canning: Yes, ma'am, there is. Meridian City Council March 3, 2009 Page 5 of 38 De Weerd: So, I believe that we can't be discussing that. Yeah. I think that the Title 9 is appropriate in adopting some of our subdivision standards and other standards as well. But I would also like to add on there, again, discussion about county services in City Hall. The availability. Canning: And, Madam Mayor, if I could explain the Title 9 agreements a little bit. Just before I left on vacation you asked me to stand in for you at the alliance meeting. No. The Blueprint steering -- consortium. There we go. Blueprint Consortium meeting. I apologize. I'll get the right number. The right name. And that group did vote to have the cities work with the counties to incorporate the sub area planning process in the area of city impact expansion document that Blueprint adopted, to have those incorporated into the Title 9 agreement. For those of you not familiar with that document, it's, basically, what we did in south Meridian. I was one of the primary authors of the document, so I feel comfortable that it's in the best interest of the City of Meridian to work on that Title 9 agreement as well. De Weerd: Well, good. Since you were sunning away in Mexico last week, it did come up during the meeting that we needed to have that dialogue and since we hadn't touched base we did ask that that be put on the agenda. So, it sounds like it's been addressed and can be removed, unless Council would like further discussion with the county on that. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just only comment with apology. By the time that I knew of the date of this meeting I had already a previous engagement, so I'm sorry that I will miss it. De Weerd: Okay. Canning: And, Madam Mayor, I wasn't suggesting that it be taken off the agenda, I just wanted to let you know what that was. So, I think it would be beneficial to talk to them about what kind of timing they would like to see on those Title 9 amendments and maybe some of the planned community stuff that they are looking at changing could be incorporated into that as well. De Weerd: Anna, would it be possible prior to that meeting that you get to us some of the scenarios or incidences that come up that we have had issues with, you know, not subdivision -- their earlier clusters that were developed in low density without curb, gutter, sidewalk type of scenarios, but also some of the code enforcement issues or billboards or any of those things on where there is a conflict between county code and city code and can some of that be addressed in the Title 9 section. Canning: I will work on that. Meridian City Council • • March 3, 2009 Page 7 of 38 De Weerd: I think those will -- some are more weighty than others, so it will be a robust discussion. But I do want to have a discussion at some point on county services that are appropriate for City Hall. I know that you and our CFO have met Dave Navarro to discuss some of that and since they have decentralized services to a certain degree and they have a substation in Star, that, in my opinion, opened up the door to that kind of community outreach and certainly we have a much larger population to serve than Star does. So, a future topic. B. Legal Department: 1. Update on Meridian Heights /Kentucky Ridge Request for Service: De Weerd: Okay. Item 6-B is our Legal Department. It has been requested to move to March 10th, next week's meeting. C. Purchasing Department: Status of Bid with MetroQuip: De Weerd: And so we will just go to Item 6-C, our Purchasing Department. Watts: Good evening, Madam Mayor, Council Members. Before you we have a -- I have given you a timeline for a bid that the Public Works Department has got out for a sewer vac truck. We received a letter on -- I will go through the timeline in a brief scenario. The Purchasing Department let out to bid on December 19th for a sewer vac truck. On the 19th of January three bids were received and I had handed those over to the Public Works Department and they had determined that two of them were nonresponsive. At that point I phoned the two vendors and let them know that I would be sending out a letter to them asking for them to clarify the exceptions that they had taken that Public Works had claimed were nonresponsive and asked them to have those back to us by noon on February 4th. We did receive those back. I forwarded those on to the Public Works Department. They reviewed those once again and determined that they were, in fact, nonresponsive. On the 17th of February we brought the award before Council and I had spoke to Mr. Bird previously, we put it on the Consent Agenda. It went through and was approved. The following day, the 18th, a purchase order was cut and I sent that to the Public Works Department and they forwarded that on to the vendor. That same day the clerk's office did receive a letter from MetroQuip, one of the bidders, who was unhappy with the -- the bid process. I received a copy of that letter from a-mail from the clerk's office on the 25th of February and I phoned Mr. Brad McCoy of MetroQuip on 26th and we had discussion over the issues that he had and I let him know that we would bring this before Council and discuss it. His -- I believe his main concern was that the bid specs were -- were bid tightly. He -- he figured -- or he was claiming that the bid specs were tight to where his vehicle would not be able to meet specs and that it was possible that the specs were bid around one vehicle. I had met with the Public Works Department -- after that phone call Meridian City Council • March 3, 2009 Page 8 of 38 I met with the Public Works Department. We reviewed the specifications and they did provide me one other bidder who -- or one other manufacturer who would have been able to meet that specification. I did also speak to the attorney's office and we do have one clause in our -- in our bid documents that states that the bidder must review the specifications and reply in writing if they have any issues for the validity of all the specifications prior to the opening or submission of the bids. That was not done and we are -- I'm here tonight, basically, to seek direction from Council. De Weerd: Thank you. Council, any questions or comments? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You know, when I spoke I didn't know that the truck we had been using on a lease basis or been hiring was the same truck that we -- does not meet the specifications in our bid now, am I not right? Watts: That is correct. It was a -- a contractor who was using that truck. Bird: And it was doing a sufficient job at that time for us? Watts: It was. Public Works -- Richard Dees is here, he could speak to the fact that there were additional specifications that they put in for safety requirements that they required when we ordered our own truck. Another thing I would like to point out is our -- our bid -- our standard documentation in our bids calls for any -- any equipment that is proposed, it has to be the newest and latest model in current production and the bid -- the vehicle that MetroQuip had proposed was a 2008 year model and the current year is a 2010 year model. De Weerd: Any other questions or comments? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A comment for Mr. Nary. Was the letter received, does it constitute a bid protest? Nary: Madam Mayor, Members of the Council, Council Member Rountree, no, because the -- what the letter contains is an objection to the specifications of the bid. State law requires that if you have an objection to the specifications, you're required to submit that in writing no less than three days prior to the bid opening. So, this isn't a -- this isn't a protest that he met the specifications and was not awarded, this is a letter that claims that he -- the specifications that we offered in the bid process was not the same as his and his was close enough. I mean you run the risk, when you -- when you file a bid with Meridian City Council • March 3, 2009 Page 9 of 38 exceptions, that if the exceptions aren't taken, then, you're out of luck. You're going to have to file abid -- you have to file a protest prior to the bid opening claiming the specifications are not accurate or tightly speed. So, this is not a bid protest. So, this doesn't -- wouldn't entitle this person to a hearing. Watts: Mr. Rountree and Mr. Nary, I would like to clarify that the letter was more general. It wasn't specific to that. I didn't learn about the specifications issue until I spoke with Mr. McCoy. He has been very cordial about this and just wanted to bring to light the openness of the specifications process, I believe. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Keith -- and you also assure me that this isn't a single source specification? Watts: The Public Works Department has provided me one -- one other vehicle that would have met the specification. I believe I have it here. Yeah. I believe it is an All- Jet -- Vacla All-Jet vac was, I believe, the one. Public Works did provide one other vehicle that would have met the specification. I also want to point out that the awarded bidder when I -- I also spoke to the awarded bidder about the situation that was going on and he also brought up -- it was him that brought to light the specification that calls for current model production and also the specifications have to be addressed prior to the bid opening. Bird: Oh, yeah. 2. ABM Janitorial Budgeted Contract Amendment No. 1 for $1,538.00: 3. Alpha Masonry Budgeted Contract Amendment No. 2 for $5,198.00: 4. Axelsen Concrete Budgeted Contract Amendment No. 3 for $3,127.00: 5. Sunshine Landscape Budgeted Contract Amendment No. 2 for $32,610.00: De Weerd: Okay. Anything further? Thank you on that item, Keith. Okay. Next Item. Watson: The next four items, I believe it is, are change orders to the City Hall project. Other than the ABM Janitorial bid, I believe the other three were a combination of contractor and city driven. The ABM Janitorial change order is issued -- or directed by Petra as they went for a final cleaning right before we moved in. Meridian City Council • • March 3, 2009 Page 10 of 38 De Weerd: Okay. Council, any questions on any of these four items? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd move that we approve the amendments for ABM for 1,538 dollars; Alpha Masonry for 5,198 dollars; Axelson Concrete for 3,127 dollars, and Sunshine Landscaping for 32,610 dollars. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Rountree: Madam Mayor, question I guess for Keith. Both the landscaping and the concrete -- I guess and the masonry itself, do we have any outstanding punch list items on those that haven't been resolved and would this constitute some release of retainage in those areas? Watts: Yeah. The -- the masonry, we do have the issue that surrounds the entire building, which we have discussed at our previous meeting. It will -- it will allow us to release retainage on that -- on these items as well. President Rountree, I will be bringing the final retainages to the Council next Tuesday was my intention. Rountree: Okay. All right. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Keith, did your discussion just now include Item 6, the discussion on the janitorial bid -- Bird: No. No. No. Zaremba: Or is that going to be a separate discussion? Watts: That's a separate item. Zaremba: Okay. Bird: It's not a contract. De Weerd: Only Items 2 through 5. Zaremba: I will wait. Meridian City Council • March 3, 2009 Page 11 of 38 De Weerd: Okay. If there is no further 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. 6. Discussion on Janitorial Bid: De Weerd: Okay. Item 6. Watts: Madam Mayor, Council Members, the Purchasing Department was directed to go out for an RFP for janitorial services, which we subsequently did. I met with Eric Jensen, our building maintenance supervisor to create the scope of work and the evaluation criteria. I also requested from the police chief his desirable services to be rendered at the police department as well when we put the RFP together. We issued the RFP to 14 contractors. We had one addendum. We received six proposals. The evaluation committee met twice. We called references for all six and sent those to the evaluation committee. The committee was recommending that we go with Clearview Cleaning Services. The amount from closing was 12,195 dollars per month, which was negotiable as well. Went through the RFP process. Public Works has also requested for the finance staff to put together a cost of doing in house the same services. The contractors are estimating between six and 12 personnel to do the job. And at first Public Works had requested a cost of -- or the cost for three individuals being hired. This is at ten dollars an hour. You'll see on the handout that I gave you. The cost of the contracted vendor is 146,340 dollars. The range for -- between three and eight personnel to be hired within the city is 286,409, to 460,415. So, I am looking for direction from Council as to what direction they would like to proceed and to answer any questions. De Weerd: Keith, can you tell us who was on the review committee and if references were checked? Watts: Yes. Kathy Wanner from my ofFce did call references on all of them. The ones from Clearview, the references were comparable size buildings and they were exceptional comments that we did receive. The evaluation committee consisted of myself, Bill Nary, Tamara Scott from the Water Department, Jeff Lavey from the Police Department, and Rachel Myers from the Parks Department. De Weerd: Thank you. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council March 3, 2009 Page 12 of 38 Zaremba: Just -- you may be aware of this, but the police department has an issue in that their current janitorial person is retiring this Friday, so assuming that we agree to go with Clearview, how soon are they able to start? Watts: I have not spoke to them yet. I needed to wait for Council direction, but, yes, Jeff has -- Chief Lavey has made me aware of that and I was going to bring that up here as well. If the direction is to move forward with them, I will be contacting them first thing in the morning to see if we can start background checks. Zaremba: Thank you. De Weerd: Any other questions or comments? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve the contract with Clearview Cleaning, their janitorial proposal, for an amount not to exceed 146,340 for the year. Hoaglun: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Rountree: Madam Mayor, I just have a question on costs. It's kind of odd how they have fallen out, that the -- Clearview has indicated that the two major buildings -- well, actually, we have three major buildings, but the City Hall and police station were considerably less than our current costs, yet all of the smaller buildings are considerably higher than our current costs. Is there some difference in the language in the RFP that gives folks a range in how to deal with that? Zaremba: We did give them the services that are expected from the city and they were the same throughout each building. I believe that the Police Department right now is -- in the RFP was asked to be cleaned seven days a week, which I would confirm with Chief Lavey before we finalize the contract. Rountree: And in your reference checks, comparable buildings, were there LEEDS buildings? Watts: Yes, Councilman Rountree. Rountree: Okay. De Weerd: Okay. Any further questions? Madam Clerk, will you call roll. Meridian City Council • • March 3, 2009 Page 13 of 38 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Watts: Thank you, Madam Mayor and Council Members. De Weerd: You know, I would say that Proclean has been our service since we have moved in and they have done an outstanding job. I know anytime you say anything it's -- it's immediately addressed or -- and their personnel are friendly and professional and so I would hope you would pass on our appreciation for the service they have given to the City Hall building in this interim time. Watts: Yes, Madam Mayor. If you would like, I could write a letter of recommendation as well, if you would -- they have done a fantastic job for us. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would second that and John in the back -- and thank you, John. I want to make sure that the contract, as we enter into it, has an out clause, so, you know, if -- we don't get in the predicament that we have been in in the past. Watts: Absolutely, Councilman Rountree. We will ensure that. Rountree: Thank you. De Weerd: Sony, I don't have my glasses on. I can't see that far. Usually we don't admit those things. But, again, our sincere thanks for the service that you and your staff have provided us. It's been exemplary. D. Public Works Department: 1. Reimbursement Agreement with JLJ Enterprises, Inc for Overland Road Water Main for $138,240.83: De Weerd: Okay. Council, moving on. We did remove Item E from the Consent Agenda and we did receive Councilman Bird's -- Bird: You have got D. De Weerd: Oh, I'm song. Sorry, Clint. Trying to make things easier for you. Dolsby: Yeah. All right. Thank you. Madam Mayor, Members of the Council, this item is for a cooperative construction and reimbursement agreement with JLJ Enterprises for 6,000 feet of 12 inch water line to be installed in the realigned Overland Road that we Meridian City Council March 3, 2009 Page 14 of 38 • have agreed to with them. The terms of the agreement are that the city will pay 100,000 dollars to JLJ 30 days after completion, with the remainder to be paid over a five year period from fees collected within the service boundary. And just as an administrative note, we are also going to charge an administrative fee of $9,384.60, which will come out of this reimbursement. And I will stand for any questions. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I have not gone through this in great detail, but I would hope there is language in here to the effect that this project will be done by a date certain and if it's not met, the city will not participate in this. De Weerd: I believe those assurances were built into the document. Rountree: It's in here? Dolsby: Yes, Madam Mayor and Councilman Rountree, they were built into the agreement. Rountree: Is there any reimbursement back to the city? De Weerd: I don't believe I remember seeing something like that. Dolsby: No. Madam Mayor and Councilman Rountree, there isn't that in there. The original bid was 175,000, which we would agree to reimburse one hundred of and, then, they would -- I think they would either rebid it or come up with another bid to reduce it to one 138. That's why the upfront reimbursement is so much. Rountree: And we have had a Philadelphia lawyer look at this? Nary: Mr. Baird. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm sure he had that, too. Where is the completion date? I looked through this and I don't see an exact date. The only date I see on it is prior to March 13th, 2009. In five years -- the agreement can last for five years. I'm like -- I don't see any date. mean we got a five year agreement that -- if they come down to 59 months and, then, need to -- so, I don't -- I don't see where we have got a date here that would say they have to have it completed by a certain date. Meridian City Council March 3, 2009 Page 6 of 38 De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You have suggested the discussion of county functions in the City Hall. I guess I have some concerns about that. When last we and all of the cities in the county met with the commissioners, the issue was making payments towards the court system and -- and our efforts to bring county functions this way was kind of thrown in our face. I would like to see that question about courts and the funding of the courts be resolved. At that last meeting we asked the courts to take a look at the court order that was directed to us and a number of cities to make payment and see if, in fact, that was still valid and to my knowledge we have never seen anything about that. So, I think before we bring that subject up again with the county, that particular matter needs to be resolved. De Weerd: Well, I guess what Commissioner Tilman had noted is he was speaking on behalf of the courts and he did feel it was a court issue. Since we haven't heard from the court, I guess, you know, in my opinion that was their answer and perhaps he was trying to further an agenda that wasn't quite agreed with by all. We have had a discussion with the other two entities, Boise and Garden City, and they said that -- that the no news is good news and I guess, Mr. Nary, you might -- is there an update on the court case? Nary: Madam Mayor, I haven't received any information from the city of Boise on their case and that's the one I think Councilman Rountree's referring to. So, I could find that out and advise the Council of that. But, otherwise, no, I would agree with you, we haven't heard anything from the court. I think Commissioner Tilman was presenting a position in regards to their case, but it wasn't the court that was advocating anything, and I don't think the court has an interest in that. But I could certainly see if I can find out anymore information for you. Rountree: Thank you. De Weerd: Anything else? Rountree: No. De Weerd: Okay. So, Madam Clerk, will you, please, read the list that we have. Holman: Yes, Madam Mayor. The list that I have so far would be Kentucky Ridge and Meridian Heights. Title 9 revision. Planned community revisions as initiated by Ada County. And coordinating capital plans for fire and EMS. Meridian City Council March 3, 2009 Page 15 of 38 Dolsby: And, Madam Mayor, Councilman Bird, I don't see a specific date identified. There is a letter of credit that we are requiring them to get by March 13th and, then, we have some specific guidelines upon completion of the project. I'm not seeing a specific date in here either. Bird: The letter of credit, you know, and, then, if you go over to -- I just had it. Right here over to terms of agreement for a period of five years, terms of the agreement -- Dolsby: Madam Mayor and Councilman Bird, that's -- think that part's more geared towards reimbursement back to -- Bird: That's what I mean. Yeah. That's the only -- I don't see any completion date. Rountree: No. That's why I asked the question. Bird: That's why -- and I do understand, Clint, that the party has signed this and it's -- Dolsby: Madam Mayor and Councilman Bird, are you speaking of Mr. Jewett? Bird: Yeah. Dolsby: I don't think he's signed it. As far as I know. Bird: I thought Tom said he had when -- Dolsby: Oh. Nary: I thought we got -- Madam Mayor, Members of the Council, I thought we got signature pages today right towards the end of the day. But if it's critical to have a -- a final date other than this open ended date, certainly we can take this back and have the discussion. I don't know what the anticipated date of -- of this construction is. Do you, Clint? Dolsby: I don't -- no, I don't either. Bird: Do you know, Mayor? Rountree: Madam Mayor, my recollection is on a previous action on this particular application we established -- we were going to pay a fee, provided the road was completed I believe by the 1st of June or the 1st of July and if it was not completed, then, they were going to reimburse us that fee. I think the same date needs to be included in this, that if it's not done by this summer -- Nary: Right. And I think that's -- Meridian City Council March 3, 2009 Page 16 of 38 Rountree: But the five years, in my opinion, is superFluous. It's got to be done by this summer or I'm not going to be part of the deal. Nary: Madam Mayor, Members of the Council, Council Member Rountree -- and I think that's part -- I think that's part of the Linder 109 agreement. Isn't that right, Clint? Is what Council Member Rountree is referring to? Dolsby: Madam Mayor, Councilman Rountree, I believe it is now. I also remember when Mr. Jewett came before Council a few months ago and we agreed that we would waive our fees, given that he completed it -- Rountree: Waive the fees provided he could get it done by -- Dolsby: Right. Right. Rountree: And if he doesn't, we -- Dolsby: Uh-huh. And he committed to that when he was here at that -- at that time. Rountree: Yes. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: This is a vague recollection as well, but before Councilman Rountree mentioned June 1 st, I was thinking June 1st was the date that I remembered. So, we both came up with the same date from our collective memories. Rountree: That's not necessarily a good thing. Nary: So, Madam Mayor, Members of the Council, maybe what we will do -- the Linder 109 agreement is set for next week, so why don't we pull this back, we will have that discussion, I'll make sure if there is other -- if we need to make sure those dates match up in both this agreement and that one. We could have that back in front of you next week. I don't -- I think -- I know Mr. Brown wants to get paid, but I don't know that one week is going to make a difference from the length of time we have had this discussion, so -- would you like us to do that, if that would work? De Weerd: I don't know if it's just about Mr. Brown, it's -- I believe it has something to do with ACHD as well. Dolsby: The payment wasn't going to come until the end of construction anyway, so I don't think a week is going to hurt anything. Nary: Oh. Okay. Meridian City Council • • March 3, 2009 Page 17 of 38 De Weerd: And as I understand it -- and, Mr. Nary, perhaps you can correct me if I join the collective minds up here and have a little bit of fog, but did -- did we not -- this was initiated because ACRD needed assurances that the road projects were going to be completed, he needed to issue a letter of credit, the letter credit was contingent upon this agreement, and that ACRD had a very tight time frame on when he needed to get back to them. Now -- Nary: Those are all correct, Madam Mayor. That is correct. That was the discussion we had. De Weerd: Do you know what the date was? Nary: I don't. I'd have to pull the minutes. I don't recall the specific date. I do recall it being the summer, as Council Member Rountree stated. I don't remember if it was specifically June 1, so I will just have to pull the minutes to get that. De Weerd: Clint, do you know? Dolsby: I'm not sure either. De Weerd: Okay. Well, we will just continue this or postpone it -- any decisions until next week. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would comment that if we are going to add a date certain to this, then, also paragraph H, which talks about change overs and construction contracts, I would add a sentence to say that change orders do not extend the time period, just to clarify that. Dolsby: Madam Mayor, Councilman Zaremba, we will have that in there as well. Thanks. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we continue the discussion on this item until next week. De Weerd: I don't think we need a motion. Rountree: Okay. You have one anyway. Meridian City Council March 3, 2009 Page 18 of 38 Item 7: Items Moved from Consent Agenda: E. Approve Award of Bid and Contract with Treasure Valley Drilling for Well 28 Production Well for $244,026.00 with a Spending Authority fora 10% Contingency Amount: De Weerd: Okay. Well, thank you. Okay. Item E was removed from the Consent Agenda and would staff like to respond to Mr. Bird's concerns about the ten percent contingency amount? Watts: Madam Mayor, Council Members, I don't have anybody from Public Works here that's working on that -- that particular project. It was just -- the idea was to keep from coming to Council with a two or -- one hundred, two hundred or three hundred dollar change order. That was the general intention of it. Bird: Madam Mayor? De Weerd: Yes. Bird: If you got the -- if you got the specifications, the drawings and everything -- engineering all done on a well, you shouldn't have a bunch of two or three hundred dollar items and you can bring it through as -- it's too often if you give a ten percent they will spend it. If you do it with a change order, they don't. That's my only -- I mean we have never give contingency up until the last year or so and I think it's awaste -- I think it's a waste of money. They can come back with a change order and the five of us up here can decide it. Watts: I would also like to clarify that the -- the ten percent is not a guarantee or an authorization to increase the contract. The contract is still the bid amount. Bird: But, Keith, the way it's worded here with the authority of spending for a ten percent contingency means they have got 24,000 dollars they can spend without the people that are responsible for the dollars having a say. Watts: I will instruct Public Works of that. Bird: Madam Mayor? De Weerd: Yes. Bird: I would move that we approve the Well 28 bids and award the bid to Treasure Valley Drilling for the sum of 244,026 dollars and for the Mayor to sign and the Clerk to attest. Rountree: Second. Meridian City Council ~ • March 3, 2009 Page 19 of 38 De Weerd: I have a motion and a second to approve this item as stated by Mr. Bird. 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: I did find the a-mail from Mr. Jewett and I have asked -- I have sent that to our clerk to copy and so we can discuss it at the end of the agenda. Item 8: Public Hearing: MDA 09-002 Request to modify the Development Agreement for Woodbridge (Instrument #100006602) by T.T.S. Developments, LLC - 385 S. Locust Grove Road: De Weerd: Okay. Item 8 is our public hearing on MDA 09-002. I will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Woodbridge modification to the DA project. It's located at 385 Locust Grove Road, which is on the west side of Locust Grove approximately a quarter mile south of Franklin and, again, the application before you tonight is a development agreement modification and I'm going to give you a little history. You can see this site. It's close to the police department, which is across the street. In 2000 the site was annexed with an L-O district as a pathway for annexation of Woodbridge Subdivision on the east side of Locust Grove. A DA was recorded with the annexation that required CUP approval of all future uses on the site. In 2001 O'Neil Homes, LLC, obtained CUP approval to convert an existing residence into an office -- a sales office. As conditions of approval of that CUP, the applicant was required to complete the following: Extend sanitary sewer and water to and through the site with any future development on the parcel or after a period of six years, which ever came first. Two. Construct a 25 foot wide buffer along Locust Grove beyond the right of way. Three. Construct a 20 foot wide buffer screen with a 60 percent solid screening adjacent to the residential lot north of the subject property. And, then, the double row of trees provided along the north side of the parking lot does meet this requirement currently. Four. They were required to construct a five foot wide perimeter buffer adjacent to the driveway and the parking areas with one tree per 35 lineal feet. And, five, they were required to construct a trash enclosure and other items as described in the findings. So, most of those you will recognize as typical landscape requirements and, then, the sewer extension. After the CU was approved for the office, a certificate of zoning compliance was required to be submitted for the change in use of the site, but one was never submitted. All required improvements were to be completed prior to obtaining a certificate of zoning occupancy, but because the CU was not commenced and sewer and water lines were not installed, occupancy was never granted and the conditions of approval were not met within the allowed 18 months time period and the -- Meridian City Council March 3, 2009 Page 20 of 38 • excuse me. The applicant did not request a time extension within the allowed 18 months time period, so, the CU has, basically, expired. In the time since the CU was approved, though, the applicant states the developer of Woodbridge used the property as headquarters development and, then, sold the property to a law firm, who used the property as a law office. A certificate of zoning compliance nor a certificate of occupancy were obtained for these uses. Therefore, they, essentially, operated illegally. The current owner, the applicant, was made aware of the requirements when applying for a certificate of zoning compliance. Staff and the applicant agreed that the DA modification was appropriate with regard to the conditional use requirement and that a compliance schedule should be included in any modified DA -- development agreement. So, staff is recommending approval with the DA modification with the provisions shown in Exhibit B-2. And I will summarize those for you briefly. We are recommending that a CU not be required for uses that are principally permitted in the L- Odistrict. So, basically, we are recommending that we use the schedule of uses in the UDC. Two. That they extend sewer and water to and through the site within 12 months of approval of the DA by Council and submit surety for the cost of installation of these improvements prior to issuance of the certificate of zoning compliance. Three. The undeveloped portion of the site shall be mowed and kept free of weeds greater than eight inches tall. Four. A certificate of zoning compliance shall be submitted for the -- to establish the proposed use. And, then, finally, that the landscaping be installed to current UDC standards within a period of 18 months of the date of the approval of the DA modification and that they would submit a surety for the cost of improvements prior to issuance of the certificate of zoning compliance. So, the applicant is requesting a longer time frame and I'm sure they will talk to you about that. Staff is recommending the 12 months for services and 18 months for the landscaping. They would like three years for both items. And with that I will answer any questions Council may have. De Weerd: Thank you, Anna. Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Anna, the landscaping between the -- this property -- well, on the north side of this property and the property next to it, is that what we are talking about they want -- you want it done in 18 months and no buffer and -- Canning: Madam Mayor, Members of the Council, Council Member Bird, we are talking about the typical required landscaping for a commercial project. So, it would be the land use buffer, as well as the landscaping along the parking aisles and along the street frontage. Bird: What about the north side? Canning: That would be the land use buffer. Meridian City Council • • March 3, 2009 Page 21 of 38 Bird: Okay. Okay. Thank you very much. De Weerd: Any other questions at this point? Is the applicant here? Would you like to comment? If you will, please, state your name and address for the record. Grubiak: Sure. My name is Joe Grubiak. My address is 24811 Lemp Lane in Parma. 83660. Madam Mayor and Council Members, again, my name is Joe Grubiak and along with my wife Holly and Brent and Barb Beveal we are TTS Development. We are two local families trying to make smart investments here in the City of Meridian and this is our first endeavor to invest wisely in commercial real estate. So, as we just heard, we are requesting a modification to the development agreement and asking for more time to make the stated tie ins to water and sewer and landscaping. We are not trying to shirk those responsibilities, but we do need more time to comply. We understand that according to the terms outlined within the amended development agreement that the subject property needs to be tied into sanitary water and sewer. But also since -- and also since none of the landscaping was done we understand that we need to comply with the city ordinances and create the proper buffers. We are simply trying to make the city understand that the financial hardship of compliance in today's economic conditions is extreme. We figure that to install sanitary water and sewer we are looking at expenditure of 15,000 dollars and to create the required landscape buffer we are looking at an expenditure of 45,000 dollars. Our current debt service on this property on a yearly basis is 28,200 dollars and we have been advised by people that represent us that our expected rents on the property that we have is around nine dollars a foot. So, our revenue is around 14,400 dollars and that's if we could rent it tomorrow if you granted us a certificate of occupancy this evening. So, even if we rented the property we are looking at a negative cash flow of 13,800 dollars on a yearly basis and that's a lot of money. Our two families -- we invested over 100,000 dollars each of our savings. We are two families of fairly modest means. This isn't a large developer that -- that has a deep pockets So, we are asking that the city grant us a three year compliance extension to the amended development agreement for water, sewer, and landscaping, so that we can accomplish the following: This will give the -- give us the time -- or, rather, would allow us the time for the significant expenditure required for compliance to the conditions outlined within the development agreement to more favorable market conditions. We are asking fora 36 month extension for compliance, because it is impractical to think that we would be able to find a lessee tomon'ow if granted an occupancy permit tonight. Said another way, any amount of time shorter than 36 months would require us to spend 15 to 60 thousand dollars just to derive an expected rent that once obtained is only 14 four. Maybe said even another way, we feel like you're asking us to spend a quarter to make a dime. And, finally, I guess what we would like to say is that because of our modest financial means we just simply do not have the financial capability to step up and make the required investment in 12 months. We believe this request is reasonable, since we are aware of no economic analysis that predicts a substantial improvement to market activity in any term shorter than that. Again, we are not trying to shirk our responsibilities here. We understand that when we develop the property further that we need to come into compliance. We even understand that we need to bring it into compliance even if we weren't to develop the Meridian City Council March 3, 2009 Page 22 of 38 rest of the properly for a period of time, we just think that -- and would like to ask for more time. With that I will answer any questions that you might have. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Sir, did you not do your due diligence when you purchased this property to know the predicament you got yourself into? I'm not sure Meridian did this for you. Grubiak: In our title commitment we did not understand -- we did not see a Conditional Use Permit. The Conditional Use Permit was expired at the time that we purchased the property. There was a development agreement that was outlined or mentioned in our title commitment. We also have the issue at this -- during this time of trying to seek additional clarification from the city and there was many points of frustration on our part where we couldn't locate proper documents due to the city's relocation to this facility. De Weerd: Does that answer our question? Rountree: Apparently they didn't do their due diligence. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: When did you purchase this? Grubiak: We purchased it a year ago -- well, just slightly under a year ago. Ten months. We bought it in April of last year. Bird: And you couldn't -- and you couldn't get our papers because we was moving? We didn't start moving until October 20th. Grubiak: We could not locate a certificate of occupancy for our building. We could not receive an answer from the city, because they couldn't locate any paperwork. Nary: Madam Mayor -- Grubiak: So, we -- subsequent to us purchasing the property we, then, made a further investment to -- to the front of our building to the tune of 35,000 dollars. So, we spent 235,000 dollars purchasing this property, based on the belief that we could rent the property after that. It wasn't until we -- we secured a renter and came to the city for our certificate of occupancy that we started running into this issue. Meridian City Council March 3, 2009 Page 23 of 38 De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, we had this discussion with the gentlemen here and their counsel -- I mean the reason they couldn't find a certificate of occupancy previously is because none were granted previously, because they had not complied with our ordinances with the prior users of the property. So, that's why they -- but the development agreements and such were all recorded documents, so they are recorded against the property. So, they are available not just from the city, but also from the county clerk. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: A couple of questions if I might. If you were to do this all over again, would you have purchased the property knowing what you know now today? Grubiak: I don't think so. Hoaglun: To follow upon that, the sewer and water and the 15,000, is that an estimate that you went out to get from somebody or how do we come to that figure? And same with the landscaping, the 45,000? Grubiak: Yes, sir. What we did is we arrived at the landscape figure based on three dollars a foot. Yeah. And that was complying with the stipulations as stated within your paperwork. And, then, my wife owns Quality Sand and Gravel and her partner also does pipe work. So, we have an expert that's given us an estimation of this. Now, having said that, this is simply for a water and sewer line capable of supplying the existing facility. We are not talking about trying to build in this some type of an amount based on future capacity necessitated by other development that we do to the property. Trying to be fair in giving us a realistic figure here. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess this is a legal question and I don't know if we want to make a legal opinion on it, but it would seem to me that these are requirements the previous owner should have met and I would wonder whether you would have a way to go back to them to recover any costs that you might put into this, because it seems to me they should have done this two years ago before you were even involved. They were required to do that and it seems to me like that's something they owe you. Grubiak: Well, the other thing that -- that doesn't fit well with us is the fact that both O'Neil and these attorneys occupied the property illegally and we are trying to play by the .rules and in trying to play by the rules now we have been -- encountered this Meridian City Council March 3, 2009 Page 24 of 38 requirement, which, again, we are not trying to avoid, we are just trying to delay it for financial reasons. We acknowledge that we need to do it. De Weerd: And your time frame? Grubiak: We are asking for three years. A three year window. De Weerd: You know, I guess, Council, the justification that, you know, two wrongs doesn't make a right doesn't go very far and certainly I appreciate you stepping up and wanting to do the right thing. It's certainly not something -- you would think the attomeys would have known the steps to follow as well. But it is an economic environment that I -- I would think one that needs consideration of kind of a time extension on this and we do it on plats and the -- building hasn't been -- the footprint hasn't been changed and so I don't know that -- those are things in my opinion would warrant at least consideration. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I certainly don't disagree with you. I just -- I can't -- that's something we will have to look into as a Council why -- why for five, six, seven years that hasn't been done. But three years is a long time. I -- Grubiak: We acknowledge that if economic conditions were to improve and we decided to develop the rest of the property prior to that, that, obviously, it would necessitate us complying with an earlier time frame. We do not anticipate that occurring. De Weerd: I guess, Mr. Bird, you can consider a clause, you know, that three years, if not sooner, if the land should redevelop, which, of course, would be mandatory anyway. Bird: Oh, if he was to redevelop he'd have to come in and get building permits and stuff like that and at that point I'm sure our Planning and Zoning would -- would make it tough enough that he'd have to do it. My biggest heartache is we have let it go as long as we have without picking it up before and like somebody here said, two wrongs don't make a right. But I feel very sorry for these people, they -- I'm sure they all four wish that they would have done more diligence when they was purchasing the property now, but it's too late, I don't think we can probably go back on O'Neil or the attorneys, either one, because I'm sure they don't have a -- they don't have it in their contract an out or help me. So, Mayor, I'm like you, I think we ought to give them an extension. I don't -- I don't know. I guess if the neighbors have looked at it for five years or six years, I guess they could look at it for another three. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council • March 3, 2009 Page 25 of 38 U Hoaglun: Question. What is the status of the sewer and water system? I mean it's still operational? It's functioning right now as far as we know? Grubiak: Yes, sir. In fact, when we bought the property we had the well redone, put a new pump in and the septic system was inspected at the time of closing and proven to be adequate and functioning property. Hoaglun: Okay. And I think I read in here, Anna, that the -- if that were to fail -- the drain field failed or something, then, they have to -- there would be a requirement to hook up if that were -- Canning: Central District Health won't allow another septic system with the sewer being so close. Hoaglun: Thank you. Canning: Madam Mayor, Members of the Council, I have had lengthy discussions with the applicant since and with regard to the due diligence I think that they did what they thought was necessary for the due diligence. I think it's -- they have admitted this is their first kind of project in this regard and -- and perhaps now have learned the full extent of what due diligence means. But I don't think that they entered into it lightly. As was mentioned, they have the septic inspected, they had the well inspected -- I mean they were -- they were going -- they were looking at the right things. They didn't know all the right things I think is what could be said. De Weerd: Thank you for that clarification. I guess, you know, I have kids and sometimes we penalize the kid that tells the truth when they know they will get in trouble and, you know, Iguess -- and we are going to find instances like this and I'd much rather reward the person who brings it out and says we recognize we didn't find it, we want to step up and be accountable to it, but will you work with us. And I think that's what we are being asked to do today. You know, I certainly don't want to let the people that don't come forward and don't do the right things get away with it, while those that do step up and stand tall, that we penalize. And so I -- I think if -- certainly this is your decision, but the flexibility of time extension and certainly that time extension -- the length of is yours to decide, but if you ask me I feel comfortable with it. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If I -- for the same reasons I think I easily could support it. Three years, actually, is not as long as you might have asked for, I suppose. But as long as it's framed in terms that it's three years, that it would be sooner if you apply for a different kind of development on it, it would be sooner if your septic fails -- I think we all understand that. The question that I have asked before I will ask again, because I Meridian City Council March 3, 2009 Page 26 of 38 never remember the answer. Do we have a tickler system that would remind us three years from now to ask the question again? Bird: No. Canning: No, sir, we do not. Zaremba: So, how would we know three years from now that somebody needs to look? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, you know, this is the discussion we have had a number of times. I mean, you know, this -- I just looked up while we were sitting here -- I mean this agreement was recorded in January of 2000. So, it was available on the county recorder. So, it was out there to see. Now, these folks -- certainly I believe them completely that they had no idea that this issue had never been resolved, but that is a problem. The reason this wasn't caught with the prior ones is you had occupants who, basically, didn't do anything. They didn't get a building permit, they didn't get an occupancy permit, they just occupied the space. So, we are working intemally to try to create a better system to catch those. One of the things in our recent discussion regarding the car lot on Fairview, we had the same concern about stretching in out too far beyond anyone's memory to be able to catch those things and I think you settled on two years on that particular project, because it was within a window that we felt we could intemally catch that and I don't have an easy answer. I mean there isn't a system, because -- because there are all integrated with different departments as what the needs are. Yes, if they come back for another building permit, someone's going to look at it again. If they come back for a different change of use, someone would look at it again, but just from March of 2009 -- by March of 2011 are we going to have some guarantee that someone's going to remind these folks or the next buyer that they have to hook up to the sewer, which is what these folks ended up in that situation. I can't guarantee that. My only recommendation is I wouldn't make the period too long. They can always come back in and ask again. I mean if you make it two years or a year and a half when the landscaping is due, if the economic climates have not changed, they would come in front of the Council at that time and make the same request and that at least keeps it within a reasonable time frame from the staff side to be able to catch these type of things. This, again, is why we require a surety, why we require to have a letter of credit for these things, so that -- we keep track of those and if it isn't done we have the financial means to get it done. Canning: Madam Mayor? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council • March 3, 2009 Page 27 of 38 • Bird: Mr. Nary, while you have got that out there, I recall that when we -- Woodbridge, when that development agreement was done, before they got out here in this, this had to be -- this property was their link to getting to the city and had to be up to speed. Does not the original agreement say that? Nary: I'm not sure what you're asking, Mr. Bird. Is this -- Bird: Well, this property is how they got -- this is how they got contiguous -- Nary: Correct. Bird: -- to the city and there was -- as I recall -- and it might be some other project that I'm thinking about, but as I recall, the stuff that we are asking this gentleman to do before they did some stuff over there, it was supposed to be done, if I recall that, and I'm not going to take credit for being smart on it, but I have had two of their neighbors out there remind me of it. Nary: So, Mr. Bird, is your question asking was it supposed to have been done by the prior property owner? Bird: Before they got Woodbridge completed. Nary: Okay. So, before the final stages of Woodbridge this was supposed to have been done. Bird: Yes. Nary: Okay. De Weerd: I guess it's immaterial. Bird: It's -- it's immaterial. I just would like to know for my own -- Rountree: Not if his review is done. Bird: Yeah. I have no hammer now. Nary: We did have some of those type -- I mean we didn't prepare this agreement. This was prepared previous to me being here, but we did have those types of conditions. Again, the same problem arises. You have development that one empty lot -- I think there is an empty lot in Meridian Greens I saw just today. It's not completed and that's been there for ten years, so I don't -- I don't see that condition in here, but it wouldn't surprise me if I was there at the time. Meridian City Council • • March 3, 2009 Page 28 of 38 Bird: Well, Madam Mayor, if nobody else wants to testify or anything, nobody don't need anymore testimony, I would say let's proceed on. Canning: Madam Mayor? De Weerd: Anna. Canning: Madam Mayor, I would recommend if the Council is inclined to approve the development agreement modification that we do add a provision that any future development of the property kind of negates the timeline discussed in the DA modification and they would be subject to all the requirements of the city code, because its not in there and I could see how a different owner might not think that they had to do it -- if they were to buy it and subdivide it, they might think that they have got a three year time frame. So, I would recommend adding that in there. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Anna, you just answered the question I was going to ask you, so thank you for bringing that up. I'm a little concerned about the time period they are asking. We have seen a number of time extensions in the past months -- in the past year, as a matter of fact. Typically it's 12 months. We have gone to Lakes on Fairview where we had a site that we wanted cleaned up that we extended that to I believe 24 months. I'm not -- I'm not going 36 months. I could probably -- I could go with 24 months on the landscaping and I'd really like to see the sewer and water done -- I'd really like to see that in there -- I'd like to see it done within 18 months. We never know if we can have -- you know, they -- they're playing Russian roulette with our capacity, with our hook up fees that are going up, with our rates that are going up, so I just -- I just can't move forward on their request for 36 months personally, but we can see how a motion goes here. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: My thoughts are we are -- along the same lines as council president splitting these out, I was thinking, you know, sewer and water two years and landscaping three -- and at the same time, though, the argument that, you know, are we penalizing people coming in to make it right and to do things that need to be done that should have been done and weren't passed on and that we didn't catch, bothers me to some degree. And the other part, I don't think we ought to limit the time frames, because we can't go to three years, I don't think -- that's kind of like punishing people for a system that we are struggling with coming up with an appropriate system to get in place that works and there are systems out there that could do it for us, but they are very, very expensive, a software package, but -- so I'm wrestling with -- with doing a split or just going -- going Meridian City Council March 3, 2009 Page 29 of 38 • three years for the whole thing and say, hey, you know, work with us on this. If you're going to be selling this property in the interim, let these folks know that they are walking into something of what they have. Grubiak: It's not our intent to sell the property. Our intend was -- is to make this a long term investment for both families. I'm sure many people come in here and tell you the same thing and do otherwise, but, sincerely, that's what we are -- De Weerd: You're right, that has happened before. Grubiak: Is there any way to make that three year notation a material fact to the title? Recording it to the title? Nary: Madam Mayor, Members of the Council, the development agreement that would contain whatever provision that the Council set, including those timelines, would be record against the property, but, again, as in your situation the current one was recorded against the property as well. So, I mean, yes, we will do that and so in our opinion it is out there for the world to see, but it doesn't mean that the same issue couldn't arise again. Canning: Madam Mayor, Members of the Council, the question was asked if we had a tickler system in place and we don't, but we are now recording all of our -- or linking our geographic information system database, we are linking all the development agreements back to the clerk's searchable documents, so we are providing better information to folks as they come in and ask general questions about a property, we can quickly pull up that DA. So, they may not be aware it's there and we may find it before they do with the new system, so it's not a tickler, though, but it is a better source of information. De Weerd: Well, you know, Anna, I -- it sounds like maybe this is a naive idea, but we have Outlook. You can go three years out on your Outlook and just put in an appointment date and say check such and such file. That might be too easy. But -- Canning: It sounds like it. De Weerd: Or not too easy. I said that wrong. Maybe too much of a naive statement, but I think we do need to find a solution to this, so that we do have reminders to look into things and for now until a better system is used, certainly Outlook can -- might be able to serve that. I don't know if when you get upgrades you lose some of that, but just an idea. Council, I guess it sounds like there is various ideas about the length and I would ask the applicant -- I'm sure he's brought the time frame, because that's what fits with them and, again, I go back to maybe the conundrum that Councilman Hoaglun is struggling with is, you know, I will quote someone that I know well is what's the hung. We have waited this long and we haven't really followed it, so what is the hurry and we all are cognizant of -- of the economic times and I think that just underscores that three years is an appropriate time frame. But if there is no further comment from the Meridian City Council ~ • March 3, 2009 Page 30 of 38 applicant or any further testimony -- no? Council, any further information you need from the applicant or from staff? Rountree: Madam Mayor, I have a question for Bill or Anna and it's a matter of enforcement. Apparently had we known the previous occupiers of the property were occupying it without an occupancy certification, what's -- what's the enforcement and what's the penalty? Nary: Madam Mayor, Members of the Council, I guess I could start and Anna may have more. Basically, if we were to find someone that is occupying -- I mean we would use our code enforcement group to notify them of the violation. If they could bring it into compliance, we would allow them to bring it into compliance and while they would be doing that they would be paying the fees and the inspections and those kinds of things, depending on whether it's a life safety issue. I mean it may be something that they may have to immediately stop occupying the space -- we really wouldn't -- to be honest with you, we wouldn't be that concemed about the hardship, we really would be concemed about compliance issues. There are criminal charges. Obviously, they could be charged for violating those provisions of the code. So, there are tools that we have in place with code enforcement, but, again, the problem is is we have lots of places that are occupied that may or may not necessarily have an occupancy permit and catching that with four officers is difficult. Lieutenant Overton oversees that group, too. But that would be our general approach, is we would probably notify them of the violation. If they could come into compliance within a very short limited time we would allow that. If it was a life safety issue we wouldn't allow it to be occupied until it was brought into compliance and that's why you sometimes see those types of applications in front of you for different things. People have constructed a patio room without approval. People that have constructed different things without your approval. So, that's why you have seen those in front of you. I don't know if Anna or Lieutenant Overton has something else. Canning: Madam Mayor, Members of the Council, I believe the last illegal conversion of a residence that we had -- we actually did red tag the structure and force the business out and that was over off of Meridian Road north of Cheny there. The entrance to that subdivision. So, we were able to gain fairly -- compliance fairly quickly to get that commercial business out of there. De Weerd: Okay. Anything further from Council or the applicant? Thank you. Grubiak: Thank you. De Weerd: Council, seeing no further comment, I would entertain a motion to close the public hearing. Bird: So moved. Hoaglun: Second. Meridian City Council • • March 3, 2009 Page 31 of 38 De Weerd: I have a motion and a second to close the public hearing on this item No. 8. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Against my better judgment. I move that we approve MDA 09-002 with a three year time limit, unless development of the property happens before the 36 months time limit is up. Hoaglun: Madam Mayor, against my better judgment I'll second that. De Weerd: Oh, my gosh. Okay. Any discussion? Anna, did you -- was that the clarification that you suggested? Canning: Yes. I may flush that out a bit for the -- the conditions and, then, just -- I can make sure I bring it to Council's attention at their next hearing. De Weerd: Okay. Very good. Bird: You can do a better job than I can, so -- De Weerd: If there is no further discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, nay; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. Three ayes. Motion carries. Thank you. MOTION CARRIED: THREE AYES. ONE NAY. Item 9: Amended Ordinance No. 09-1394: Design Review Ordinance: De Weerd: Item 9 is our amended ordinance 09-1394. I will ask the clerk -- Madam Clerk to, please, read this by title only. Holman: Madam Mayor. City of Meridian Amended Ordinance No. 09-1394. An amended ordinance amending Title 11 of Meridian City Code regarding zoning and subdivision regulations codified at Title 11 and entitled the Unified Development Code of the Meridian City Code relating to adoption of a new administrative design review Meridian City Council • March 3, 2009 Page 32 of 38 process and associated implementation procedures for design review and providing for a waiver of the reading rules and providing an effective date. De Weerd: Okay. You have heard this ordinance read by title only. This is the first reading. I don't know if there is a desire on an amendment to read it three times. Council, what would you desire? Nary: Madam Mayor? De Weerd: Yes. Nary: Just so the Council knows, there was a -- there was more than a scrivener error, there was some information I think that was deleted is what it was -- that should have been deleted -- Canning: Yes. Nary: -- and didn't get deleted in the ordinance. So, it was more than what we could justify as just a -- essentially a clerical error. So, I don't think you need to read it three times. De Weerd: Thank you. Canning: And, Madam Mayor, it was a paragraph that was represented as being existing code, when it was actually not, so --and we didn't want it to be, so -- De Weerd: Okay. Council? Zaremba: Madam Mayor, what are we looking for, a motion to -- De Weerd: To approve. Uh-huh. Zaremba: To approve this with suspension of a second and third reading? Okay. I move that we approve the amended ordinance 09-1394 as read and suspend the second and third reading. Hoaglun: Second. De Weerd: I have a motion and a second. Any discussion? Hearing none, Madam Clerk. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Hey, Mr. Bird. Rountree: Against his better judgment. Meridian City Council March 3, 2009 Page 33 of 38 Bird: Against my better -- no, this was the good judgment. De Weerd: He doesn't want it to be cleaned up. He'd rather leave it the way it was. Zaremba: We are not always unanimous. MOTION CARRIED: THREE AYES. ONE NAY. D. Public Works Department: 1. Reimbursement Agreement with JLJ Enterprises, Inc for Overland Road Water Main for $138,240.83: De Weerd: Council, I guess you do have in front of you the a-mail that I was able to find amongst mine on what the time -- time sensitive issue is of this and since I didn't verify it to know -- I guess to know if this is truly what ACHD is -- is putting some firm deadlines in place to get these agreements or funding would be lost for the road's improvement, I can't attest to that, but I did want you to at least see the a-mail that I knew was referencing the kind deadlines for this approval, so that letter of credit could be issued, so that the project could be done and as you also see in this a-mail that it does have a completion date, date scheduled completion in June of this year. That's the best I can provide you. Rountree: Madam Mayor, if this item is that critical that we act on it tonight, we do not have a signed copy and no indication that the developer has signed it, I would say that we make the stipulated changes in the document we have before us and act on that -- Bird: Madam Mayor? Rountree: -- with respect to timeline and with respect to Mr. Zaremba's comments on Item H. De Weerd: Mr. Nary, you can -- you're sure that we didn't receive that? Nary: That's what Mr. Baird told me before the end of the day, that he was advised -- Bird: We do have a signed contract is what Tom told me. De Weerd: We do have a signed contract? Bird: We have this signed and that's -- that was my concern -- Rountree: Then, we will have one we have signed and acted on, so -- Meridian City Council March 3, 2009 Page 34 of 38 Bird: I don't -- I mean it's very definite right in here, Mayor, that -- that he agreed to it and we said we are holding his feet to the fire, but, really, Mr. Nary, this should have been put into this and, Mr. Rountree, I -- I'm not going to recommend the Mayor to sign this until it is put into it. But in the same token we -- he's under the belief that he has signed -- that he's done with this, but, actually, Bill, this is strictly a -- this is a latecomers agreement, isn't it? Nary: Yes. Bird: So, this just says how we are going to pay him back. Nary: Yes. Bird: It doesn't have nothing to do with time? I'm getting wishy washy right now, so I'm just asking some questions. Nary: The -- Madam Mayor, Members of the Council, Council Member Bird, there isn't a -- there isn't a condition that the work needs to be completed by June of '09 and by reading these minutes I would say -- since it doesn't say June 1st, that's probably June 30th would be the -- would be reasonable, so -- but there isn't that condition in there. So, Mr. Jewett may have signed a signature page -- he signed one that we -- that was in front of you tonight that doesn't have that condition. I don't know if that's a deal breaker or not. I'm assuming it's not. I mean he wants to get paid. He's wanting assurance in the a-mails that we are going to pay him when he completes it and the deadline that's being discussed is June of '09. So, we can certainly add that, but it wouldn't make -- I mean if that's your direction I would suggest you make that motion, we would change the document, and submit that to Mr. Jewett for his signature and if he agrees to that, then, the Mayor could sign it and we don't have to bring it back next Tuesday. Bird: Madam Mayor? De Weerd: Yes. Bird: And, Bill, that's what I -- he has agreed to the June 9th date. His biggest concern is this and our concern is this reimbursement needs to have that June '09 date in it. So, actually, I don't think -- I don't think it's a deal breaker, do you, Clint? Dolsby: Madam Mayor, Council Member, I don't either. Nary: Yeah. I think if you went out with a motion that -- that the condition is is that the agreement itself, with the additional condition that the work must be completed by June 30th of 2009 for it to be effective, we could add that -- we could add that condition if Mr. Jewett will agree to that, the Mayor can sign it, and we can have this done tomorrow. Bird: That would be my preference. Meridian City Council March 3, 2009 Page 35 of 38 Nary: And, then, we don't have to bring it back next week. De Weerd: Mr. Watts, did you have a comment? Watts: I was just going to comment that this is the third version, I believe, of this agreement that we have gone back and forth on. I do believe that Mr. Jewett came in and sat down with -- I believe it was Bruce Freckleton and Scott Steckline to renegotiate this as -- in the version that it was tonight. And I couldn't tell you if it was -- I wish that Scott would have been here tonight to answer these questions for you. Rountree: And none of those individuals sit in mediation meetings with that gentleman and end up having to pay him more money. And I'm not going to do it again. Bird: Yeah. You're right. De Weerd: I think our staff has spent considerable time with Mr. Jewett. Rountree: I know they have, but generally to his benefit. Madam Mayor, I have a question in the a-mail you provided us there is an amount mentioned of $172,766.55. In this agreement here we have an amount of 120,856.23. What's the difference? Is there an expectation on individuals part if there is going to be another -- between 40 and 50 thousand dollars on the line there? Watts: I'm not aware of that scope. I know the scope of work that was told today that the scope of work was downsized and the only difference that I was noted that there were -- let me see. There was two items that were put down as a hundred percent reimbursement, which were fire hydrants that the city would -- in the scope of work or the spreadsheet that is labeled construction cost accounting. As far as I can tell this was just presented by Mr. Jewett. De Weerd: And this a-mail was written before the third agreement was renegotiated, so that price might have changed to what is in front of you today is what my guess is. Dolsby: Yeah. That's correct, Madam Mayor. The original bid was about 175,000 and, then, it's been reduced to 138 since then. Watts: That's the city's portion. Rountree: That's the city's portion. Watts: What was the new as of the second go around was the design engineer fee and the south concept or asked to be added in. The first version that we had had only construction cost and, then, left an administration fee that the city was charging Mr. Jewett. De Weerd: Okay. Mr. Nary. Meridian City Council • March 3, 2009 Page 36 of 38 Nary: Madam Mayor, Members of the Council, I think it -- again, as far as I knew as of 5:00 o'clock today this 128,856.23 was agreed to by Mr. Jewett and Mr. Brown for this project. So, although there is language in here and this a-mail for Mr. Jewett saying I'm not going to agree to this amount unless ACRD is going to follow through, that's not in here. So, if you would like, again, we can add the completion date for the remainder, because this does require the city to pay 100,000 dollars of that fee within 30 days. So, the remainder of the fee is not going to be paid unless it's completed by June 30th. What is your desire after June 30th? That we not pay it at all or we pay a reduced amount? Rountree: My desire is that we don't pay it at all. Bird: Second it. De Weerd: I guess we had an original agreement and I don't think we can do less than what that original agreement was without getting into a legal issue. Unless that amount, too, was tied to the road and, then, it would be nothing. I would ask not to -- to go there until we know legally what the answer is. Right, Mr. Nary? Nary: Madam Mayor, Members of the Council, what I would suggest is that if the Council would like, that you can make a motion to approve an agreement to be signed by the Mayor after Mr. Jewett, not to exceed the 128,856.23, that we would insert language that would require that the project be completed by June 30th, 2009, that the remaining portion of the city's amount to be paid would not be paid after June 30th, 2009, unless the developer were to be able to bring back in front of you evidence as to what caused the delay and what is a reasonable time to cure. So, if it is something inside of his control, material, workmanship, some -- something I can't think of today, he can come back and ask you -- explain the delay, you have the ability to grant him the ability to cure and, then, receive payment. And, then, I think we are fine. Then, I think if it's delayed he's going to have to explain that to you and he's got six months to figure that out or four months to figure that out. Rountree: I'm okay with that. De Weerd: Okay. Is that an okay to craft the motion that captures that? Rountree: Sure. Madam Mayor, I move that we approve and authorize the Mayor to sign the cooperative construction and reimbursement agreement with JLJ Enterprises with the stipulation as just read by the city attorney, incorporated in the document as it relates to completion date and any action that JLJ may have if they cannot meet that completion date, which would be June of 2009 as previously agreed to by the same firm as it relates to waiver of fees and in their a-mail of February 26th, I believe. Bird: Second. Meridian City Council March 3, 2009 Page 37 of 38 De Weerd: Okay you call roll. i ~ I have a motion and a second. Any discussion? Madam Clerk, will Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Okay. We are at the end of our agenda. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, one last thing. Avery good friend of mine, Angie Behr passed away the other day. She was a city employee for about 15 years and her last position with the city was the city treasurer. She retired from the city back in right before we moved into -- right after we moved into the old City Hall and she lived a long life, but she passed away the other day, I just wanted to make note of that. Rountree: Thank you, Bill. De Weerd: Okay. Thank you. I think it's appropriate, with her service to the city, that we send -- Nary: We were planning to do that. De Weerd: -- our condolences. Rountree: Very good. De Weerd: Okay. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Move we adjourn. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council March 3, 2009 Page 38 of 38 MEETING ADJOURNED AT 8:41 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T Y De WEERD ATTEST: 1 03 ~~~ p~ DATE APPROVED JAYCEE r~ L February 27, 2009 MERIDIAN CITY COUNCIL MEETING March 3, 2009 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of February 10, 2009 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the CFiy of Meridian. February 27, 2~9 MERIDIAN CITY COUNCIL MEETING March 3, 2~9 APPLICANT ITEM NO. S-B REQUEST Approve Minutes of February 24, 209 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materiafls presented at public meetings shall become property of the City of Meridian. i ~ February 27, 2009 MERIDIAN CITY COUNCIL MEETING March 3, 2009 APPLICANT ITEM NO. S-C REQUEST Task Order No. 106 - On-Call Collection System Engineering Services with MSA for $24,500.00 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 tRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed• COMMENTS See afMched Date: Phone: • JIUIi IIIIIIUIJ: Materials presented at public meetings shall become properly of the City of Meridian. ~• EXIiIBIT A TASK ORDER NO.1000b ON-CALL COLLECTION SYSTEM ENGINEERING SERVICES CITY OF MERIDIAN This Scope of Services is for Professional Services between Murray, Smith & Associates Inc. (MSA) and the City of Meridian, Idaho. Services authorized by this Task Order No.10006 shall be far professional engineering services in support of the City's Collection System. The tenors of this Task Order shall be in accordance with the MSA Master Agreement for Professional Services dated June 18, 2007. BACKGROUND Shad Roundy and David Stengel have supported the City's collection system model periodically since 2005. The initial project included converting the City's HYDRA collection system model to a model based on EPASWMM. This project also included validating the basic operation of the model to ensure that the results matched those generated from the previous HYDRA model. At the conclusion of the model conversion, a number of recommendations were made for additional wet weather calibration and evaluation of the appropriate "design storm" for use by the City. City Staff have noted significant infiltration and inflow issues within the system that could cause the WWTP to exceed its permitted flow rate. The City desires a plan to enable the identification of where the IBcI is occurring and potential mitigation steps for addressing it. SCOPE OF SERVICES -TASK 1 MSA will provide on-call technical support to the City on a time and expenses basis. The on-call work may include, but is not limited to the following tasks: • Development of an initial flow monitoring plan for spring rainfall events in 2009 that could include: o Identification of near term flow monitoring locations o Recommendations for near term CCTV insgections o Review of CCTV logs o Assistance in placing flow meters and collecting flow data o Rental of flow meter equipment ` o Assistance in other sewer system inspection • Development of a Ivnger term I&I reduction scope of work • Sewage Collection System Modeling in support of development reviews and development scenarios • Additional calibration support identified previously including: o Identify appropriate storm depth and storm distribution from historical records for use in wet weather modeling runs o Delineation of wet weather sewer catchments o Perform wet weather calibration • Additional engineering support for planning or design Meridian, ID HURRAY, SMITH & ASSOCIATES, INC. Collection System February 2009 EagineerslPlanners 1 s MSA will communicate with the City via conference calls, web meetings, and/or visits to the City as needed to gather project specific information and discuss tasks. Assumptions: MSA will provide requested support to the City up to the defined budget. This on-call scope is intended to provide some initial support to the City with the understanding that a larger effort will ultimately be required under a separate scope of work. BUDGET The overall Not-to-Exceed Budget for this scope of work is $24,500. The work will be billed on a time and expenses basis. MSA staff billing rates will be adjusted annually. The total budget for this Task Order shall not be exceeded without written authorization. If additional tasks are requested beyond the initial budget allocation, MSA will provide atask- specific scope and budget for each support request from the City. The City will provide email or hardcopy authorization to MSA to proceed based on the scope and budget provided Assumptions, deliverables, schedules, and data requests will be outlined in each task specific scope. Table 1 Labor Hours and Total Project Costs Task Number Labor Hours Total Cost Task 1- On-Call Services 210 $24,500 Project Totals Z10 $24,500 TIlVIE OF PERFORMANCE The completion date for this Task Order is 365 calendar days from Authorization to Proceed. MSA will make every effort to complete the work in a timely manner; however, it is agreed that MSA cannot be responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time this Task Order was executed. Meridian, ID HURRAY, SMITH & ASSOCIATES, INC. Collection System February 2009 Bngineer~Planners 2 • • Tammy ~r(i, Mayor ~```~~~~~ii~~~ ~~tlq~~'~ Date: Attest: Jaycee Date• % 9 ublic ks J Date:. ` 2~2t~ jowl asing Date: ~~,,= _ r 9,y ~. r~ '~ o ': ~'~ _ • '' SEAL = ~L ~~J _~`T' 18~ ~, .~ ~~. ~P ~~ Approved by City Council: 3 " 3 `0~0 ~°~ Murray, Smith & Associates Inc. sy: Title• Y'~Q ~ ~ Date: _.~~_~/~i Meridian, ID MURItAY, SMITH & ASSOCIATES, INC. Collection System February 2009 Engineers/Planners 3 • ~@1110 ~~~~~~~D FEB ~ a ~Q~ CITY OFL/VIE~ To: Jaycee Holman; Tara Green CITY CLERKS OFFICE From: Roxanne Holland, E.I.T., Staff Engineer GC: Clint Dalsby, P.E., Interim City Engineer Date: February 25, 2009 Re: Proposed Agenda Item for March 3, 2009 City Council Meeting The Public Works Department respectfully requests the following items be placid on the March 3 City Council agenda, under Consent Agenda, for Council's consideration: Task Order No. 10006 - On-call Collection System Engineering Services. Murray, Smith & Assoaates, Inc. (MSA} has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work far $24,500. This work wil( be done in accordance with the MSA Master Agreement far Professional Services dated June 18, 2007. This project provides on-call technical support for flow monitoring, Sewage CoQection System Modeling, and additional engineering support for planning or design. Recommended Council Action: The Public Works Deparhment recommends that .City Council approves the contract for Task Order No. 10006 - On-call Collection System Engineering Services with MSA for $24,500 and authorize the Mayor to sign it, Thank you for your consideration. Please contact me rf you have any questions regarding any of these items. s Page 1 • i EXffiBIT A TASK ORDER N0.11)006 ON-CALL COLLECTION SYSTEM ENGINEERING SERVICES CITY OF MERIDIAN This Scope of Services is for Professional Services between Murray, Smith & Associates Inc. (MSA) and the City of Meridian, Idaho. Services authorized by this Task Order No.10006 shall be for professional engineering services in support of the City's Collection System. The terms of this Task Order shall be in accordance with the MSA Master Agreement for Professional Services dated June 18, 2007. BACKGROUND Shad Roundy and David Stangel have supported the City's collection system model periodically since 2005. The initial project included converting the City's HYDRA collection system model to a model based on FPASWMM. This project also included validating the basic operation of the model to ensure that the results matched those generated from the previous HYDRA model. At the conclusion of the model conversion, a number of recommendations were made for additional. wet weather calibration and evaluation of the appropriate "design storm" far use by the City. City Staff have noted significant infiltration and inflow issues within the system that could cause the WWTP to exceed its permitted flow rate. The City desires a plan to enable the identification of where the I&I is occurring and potential mitigation steps for addressing it. SCOPE OF SERVICES -TASK 1 MSA will provide on-eall technical support to the City on a time and expenses basis. The on-call work may include, but is not limited to the following tasks: • Development of an initial flow monitoring plan for spring rainfall events in 2009 that could include: o Identification of near term flow monitoring locations o Recommendations far near term CCTV inspections o Review of CCTV lags v Assistance in placing flow meters and collecting flow data o Rental of flow meter equipment o Assistance in other sewer system inspection • Development of a longer term I&I reduction scope of work • Sewage Collection System Modeling in support of development reviews and development scenarios • Additional calibration support identified previously including: o Identify appropriate storm depth and storm distribution from historical records far use in wet weather modeling runs o Delineation of wet weather sewer catchments o Perform wet weather calibration • Additional engineering support for planning or design Meridian, ID HURRAY, SNIITH & ASSOCIATES, INC. Collection System Febrttaiy 2009 EngineersJPlanners Z • MSA will communicate with the City via conference calls, web meetings, and/or visits to the City as needed to gather project specific information and discuss tasks. Assumptions: MSA will provide requested support to the City up to the defined budget. This on-call scope is intended to provide some initial support to the City with the understanding that a larger effort will ultimately be required under a sepazate scope of work. BUDGET The overall Not-taExceed Budget for this scope of work is $24;500. The work will be billed on a time and expenses basis. MSA staff billing rates will be adjusted annually. The total budget for this Task Order shall not be exceeded without written authorization. If additional tasks are requested beyond the initial budget allocation, MSA will provide atask- specific scope and budget for each support request from the City. The City will provide email or hardcopy authorization to MSA to proceed based on the scope and budget provided. Assumptions, deliverables, schedules, and data requests will be outlined in each task specific scope. Table 1_ Labor Hours and Total Project Costs Task Number Labor lHours Total Cast Task 1- On-Call Services 210 $24,500 Project Totals 210 $24,500 TIME OF PERFORMANCE The completion date for this Task Order is 3b5 calendar days from Authorization to Proceed. MSA will make every effort to complete the work in a timely manner; however, it is agreed that MSA cannot be responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time this Task Order was executed. Meridian, ID MLlI2I2AY, SMITH & ASSOCIATES, INC. Collection System February 2009 Engineers/Planners 2 Tammy de Weerd, Mayor Date: Attest: Jaycee Holman, City Clerk Date: Public Works Date: Purchasing Date: Approved by City Council: Murray, Smith & Associates Inc. By: Title: Date: Meridian, ID MURRAY, SMITH & ASSUCIATFdS, INC. Collection System February 20f~9 Engineerstl'lanners 3 • • February 27, 2009 MERIDIAN CITY COUNCIL MEETING March 3, 2009 APPLICANT ITEM NO. 5-D REQUEST Change Order No. 1 with H2 Excavation for the 8th Street Park Pedestrian Pathway and Box Culverts -Phase 1 Construction for $3,161.17 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aFtached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • Memo To: Jaycee Holman; Tara Green; Kathy Wanner C~ ~~c~IV~~ EEB 2 52009 OITY OF~I IDs? CITY CLERKS OFFICE From: Max Jensen CC: Steve Siddoway, Parks and Recreation Division Director Elroy Huff, Parks and Recreation Division Superintendent Date: 2!25(2009 Re: Proposed Agenda Item for March 3, 2009 City Council Meeting The Parks and Recreation Division respectfully requests the following item be placed on the March 3, 2009 City Councl agenda, under Consent Agenda, for Council's consideration: Ghanae Order No. 1 with H2 Excavation for the 8~' Street Parts Pedestrian Pathway and Bax Culverts -Phase 1 Construction Attached is Change Order No. 1 with H2 Excavation for additional work associated with the construction of the 8"' Street Park Pedestrian Pathway and Box Culverts -Phase 1 project. This additional work will increase public safety and increase the structures longevity. The Change Order is for $3,161.17 and is less than a 1% increase to the original contract. Recommended Council Actlon: The Parks and Recreation Division recomm®nds that City Council approves and signs the Change Order with lit Excavation. Thank you far your consideration. Please contact me if you have any questions. • Page 1 r: CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • Change Order No.: q Project Number: PKS-09-002 Date: 2/25/2009 Effective Date: CONTRACTOR: H2 Excavation ,PROJECT: 8th Street Park Pedestrian Bridge 8 Box Culverts -Phase 1 The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Amount WCD No.1 (1) Decorative Fete Revision $1,351.25 (2) Add Pressure Treated 2x6x12 For 314° Containment $1,014.92 (3) Add 3Q CY Of Bid Item No. 20fi.4.1.1.3 (Hand Placed Riprap) $795.00 $3,161.17 Reason for Change Order: WCD No.1 Revisions due to field conditions. Attachments: WCD No. 1 CHANGE IN CONTRACT PRIDE: CHANGE IN CONTRACT TIMES: Original Contract Price: $64,166.92 Original Contract Completion Date: 45 Days Origins! Contract Completion Days: Net changes form previous C.O.'s.: Net Days change farm previous C.O.'s: No. 0 to 0 No. 0 to 0 $a.oa a Contract Price Prfor to this C.O.: ~ Contract Completion Date before this C.O.: 45 Days $84,166.92 Net Increase {decrease} of this C.O.: Net Days Increase (decrease) of this C.o.: 14 $3,161.17 Contract Price with alI Approved C.O.'s: Contract Completion Date with a0 Approved C.O.'s: 59 Days $67,328.09 RECOMMENDED: {CITY CAPITAL PROJECTS MANAGER} Date: ~j ACCEPT D {CITY DIVISI N REPRESENTATIVE) ACCE ONT OR) ~ B - ' ~ y: _, 1 ' 7 " By: Date: ~~ Date: a _ ~ ~' APPROVED: (CITY UR ING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY MAYOR} ATTEST: {CITY CLERK) By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: C f~ WORK CHANGE DIRECTIVE No. _001 DATE OF ISSUANCE 2/24!09 OWNER _City of Meridian CONTRACTOR _H2 Excavation Contract: _PKS-09-002 Project: _$"' Street Park Pedestrian Bridge & Bax Culverts -Phase 1 OWNER's Contract No. PKS-09-002 You are directed to proceed promptly with the following change(s): Description: 1} Decorative fence revisions: a. The height of the fence shall be revised from 5' to 6' b. The location of the fence shall be revised as detailed in Attachment A. c. The 8 posts (and post concrete} shall be removed and the holes backfilled and compacted. 2) Add pressure treated 2x6x12 on west and east end of pedestrian bridge at the inside of the decorative fence: a. Pressure treated lumber shall be 2x6x l 2 Construction Select, McFarland Cascade, model 5490001020612 (or approved equal). b. Pressure treated lumber shall be fastened to the top of the precast concrete deck with Redhead, wedge anchors, 1/2x4-1/4, model 5009b (or approved equal). There shall be 4 fasteners used far each pressure treated board. The fasteners shall be placed starting at 3" from the end of the board and spaced evenly (approximately 3'-7") throughout the length of the board. The tap of fastener shall be countersunk so that the top of the nut shall be flush with the top of the pressure treated lumber. 3) Far bid Item No. 206.4.1.1.3 (Hand Placed Riprap), increase the quantity from 30 CY to 60 CY. Purpose of Work Change Directive: Revised due to field conditions Attachments: (List documents supporting change) Attachment A If OWNER or CONTRACTOR believe that the above change has~affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Methad of determining change in Contract Price: ^ Unit Prices ^ Lump Sum ^ Cost of the Work Estimated cress (decrease} in Contract Price: Estimat mere decrease) in Contract $ ~ ( t Times: If the c ange involves an increase, the estimated Substantial Completion: I days; amount is not to be exceeded without further Ready for final payment: days. authorization. RECOMMENDED: AUTHORIZED: RO, ~, ANAGER OWNER D A TMENT REPRESENTATIVE. By: J~ By: EJCD o. 191Q-8-F (1996 Edition) Prepared by the Engincets Joint Comract Dac+unents Comrrrittee and endorsed by The Associated Genera! Contract rs f America and the Construction Specifications Institute. EFFECTIVE DATE _2/24/09 ~~ 1' DESIGN LOADINGS: A. AASHTO HS-20-ae, ASl 8. 504 wL"IGHT ~ t 2S1 AC C. DfiPTH OF OVENBUROEk D. ASSLadED WATER TABLE t3E1.Ow FINISH GRADE E. EOUIY.-F1Cltt) PRESSURE: F. 80 PSF LATERAL LWE L 2) CONCRETE 28 DAY COA STRENGTH 5NALL BE 5 3} SS'£E-L REINFOfiCEMEN7: A-615 GRADE 60 4} CEMENT: ASTM C'tSO B[LL OF MA1~~ rrn£ /-- ~M1/1::~~7,3 j'-~"'~.~ G~'.. 1 _ t/2" CLD CELL RBR GS1CT~ PI~OOUC7 WEI END SECTION A (1) REDAR SECTON A µID SECTION (2) REBAR talD SECTION END SECTION B (t) REBAR SEC710N Q wlNCwau Ie~z (zEA) REBAR wINGwAu cuTOFF wAU {z) REBAR CUTOFF WALL ~ c~c INSP~crlo~v PREP4UR CNf.CK _- .. _.__ POST >"OUR C>tECK REVI ION ra 1 oESCawnort or 9LV51ON c - D - OR1Yi11 BY:p,P SOIA Bt^. YB L OAYE 0@/19/0+1 SCME: I A' r t'-! ~ O*f S T ~,Q G'/ ,~ ~„~ e~ :r, F~ ~fi CITY OF ME~1[ ~~ }~4~is ~~~ c~f= ".'y~.~ u. ~~ $~ t fJ'¢~ipG~ G p~yy~r~ o F +,s ~~wE ~. ~ 4 END SECTION A/CONCEPTl1AL A`. ~ LN # 7 S0~ 3{ y AtiGOR COKIACrcwn rNapsrm-vnaou Oldcastle Amcor is roi ~vr euu~a room axn • - ~ 24'-54" WtNGWALL LAYOUT TYP. EACii ENO • Excavation, Inc. 126 McClure Avenue N.O. Box 1400 Nampa, iD 83653 Office: 20867-6000 Fax: 208-468~i008 Cell: 208-941-0237 MikeCLF{ZExcavatian.com T of Work Ap roved B Qwant' Pricing for WCD #1 p~ Jensen Description of Costs/Materials Used Date: Description of Cost, Equipment or Material Price Unit Total Mark up on Materials Total ~~ Markup 2!8!2008 30 adddwnal cuter yards ~ dp rap, Pndn9 is the unit pfice tram origlna! quote with no markup. 526.50 30.00 CY $79b.00 0% $795.00 $0.00 $0.00 /20/2009 Pull poste previously set, and insteu neat posts arrd fence as r~cirssed t~tween meeting wish Max Je~sn arrd Boise River Fence. Thht price ~ over and above fhe o anal Ilne them 900.00 .00 S 900.00 5% 1,035A0 2!20/2009 Price, above and beyond, W change fence t0 8 fi' tat lance $275.00 1.00 LS $275,00 1b% $31625 $D.OD $O.Op 2125/2009 IrurtffiI 2 X fi X 12 Pressure treated headers at ends of arhrert $0.00 $0.00 Bolls, lumbar and roto drill rental $178.19 1.00 LS $178.79 15% $204.92 Labor to pick up parts, instep improvement and man up. Mo ' n $35.00 $250.00 78.00 1.00 Man Hours LS $560.00 $260.OD 0% $560.00 $250.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $o.oD $o.ao $o_DO $O.DO $D.oo so.oo $D.oo $o_oo $D.oo $D.Do $D.oo $o.oo Total Cost: $3,161.17 Contract Days Requested: To#al Da s Re nested: ~ 4 C~ CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 CONTRACT CHANGE ORDER i Change Order No.: ~ Project Number. PKS-09-OOZ ate: 2/25/2009 Effective Date: CONTRACTOR: H2 Excavation PROJECT: 8th Street Park Pedestrian Bridge & Box Culverts -Phase 1 The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Desciptian: Amount wCD No.1 (1) Decorative Fete Revision $1,3512 (2) Add Pressure Treated 2x6x12 For 3/4° Containment $1,014.92 (3) Add 30 CY Of Bid Item No. 206.4.1.1.3 (Hand Placed Riprap) $795.00 $3,161.17 R~son for Change Order: wco No.1 Revisions due to field conditions. At~chments: WCD No. 1 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contrail Price: $64,166.92 Original Contract Completion Date: 45 Days Original Contract Cam letfon Da Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to Q No. Q to 0 $0.00 0 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: 45 Days $64,166.92 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: 14 $3,161.17 Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O.'s: 59 Days $67,328.09 RECOMMENDED: (CITY CAPITAL PROJECTS MANAGER) pate; ZS ACCEP D (CITY DIVISI N REPRESENTATIVE) ACCE O OR) ~ Date: .L,~ Date: ~ ,. ~ t7 APPROVE (CITY UR I G AC3FJVT) COUNCIL APPROVAL B .Keith watts ~~~~ ` ~ urlrtrrrrrr~~'' 3 - 3- a,~. ~~ ,, Date: ~ _ /~' _ ~ , Date: ,,• '~ qy -,~~ `` ~ ~. APPROVED: (CITY YOR) ATTEST: (CITY CLERK) ~ l ! ~` By: Mayo ammy de ee SE~L By: City Clerk, Jaycee Holman Date: ~„~ Date: ~,_ = '9 •,~~~ L'OU~(~ ~~~`~~ ~~~~~Hrrrr,rn r,ttt~`~~\ ~- i WORK CHANGE DIRECTIVE No. _001 DATE OF ISSUANCE 2/24/09 EFFECTIVE DATE 2/24/09 OWNER _City of Meridian CONTRACTOR _H2 Excavation Contract: _PKS-09-002 Project: _8s' Street Park Pedestrian Bridge & Box Culverts -Phase 1 OWNER's Contract No. PKS-09-002 You are directed to proceed promptly with the following change(s): Description: 1) Decorative fence revisions: a. The height of the fence shall be revised from S' to 6' b. The location of the fence shall be revised as detailed in Attachment A. c. The 8 posts (and post concrete) shall be removed and the holes backfilled and compacted. 2) Add pressure treated 2x6x12 on west and east end of pedestrian bridge at the inside of the decorative fence: a. Pressure treated lumber shall be 2x6x12 Construction Select, McFarland Cascade, model 5490001020612 (or approved equal). b. Pressure treated lumber shall be fastened to the top of the precast concrete deck with Redhead, wedge anchors, 1/2x4-1/4, mode150096 (or approved equaI). There shall be 4 fasteners used for each pressure treated board. The fasteners shall be placed starting at 3" from the end of the board and spaced evenly (approximately 3'-7'~ throughout the length of the board. The top of fastener shall be countersunk so that the top of the nut shall be flush with the top of the pressure treated lumber. 3) For bid Item No. 206.4.1.1.3 (Hand Placed Riprap), increase the quantity from 30 CY to 60 CY. Purpose of Work Change Directive: Revised due to field conditions Attachments: (List documents supporting change) Attachment A If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: ^ Unit Prices ^ Lump Sum ^ Cost of the Work Estimat (decrease) in Contract Price: Estimat mcr decrease) in Contract $ ~ Times: ff the c ge involves an increase, the estimated Substantial Completion: ~ days; amount is not to be exceeded without further Read for final a ent: da s. Y p Ym Y authorization. RECOMMENDED: AUTHORIZED: RO AGER OWNERD TMENTREPRESENTATIVE By: By. EJCD .1910-8-F (1996 Edition) by the F.n~crs Joint Contract Docmn~ts Comndtree and endorsed by The Associated General Contra America soft onatrucfIon Speci>icadons Institute. 1) DESIGN 10A01NGS: A. AASNTO HS'20-a4. ASl 8. 500. W©GHT ~ 120 PC C. DfiPTH OF OVERBURDEN 0. ASSUidEO WATER TABLE: BELOW FINISH GRADE ~~. ~EOi11V: FLG10-PRfSSDRE F. BO f~SF LATERAL LIVE L 2) CONCRETE 28 DAY COA STRENGTH SHALL 8E 5 3) ST£El RE1NfORCEMENT: A-615 GRADE 60 4) CfM£NT: ASTM C-150 A __ y ~~~ l2'~j r ~'i~~y G'F' f PRODUCT WEI ENO SECf10N A 1 REBAR SECTION A W6 SECf10N (2) REBM1R lA1D SECTION END SECStON B (1) REBAR SECTION B WINCWAl1 1&2 (2EA) REBAR WINGWALL CUTOfF WAIT. {2) r'~..4c~n~~ i r~u'~"''~~i'••- -- 7 {~~ REVISiOIV TA / oesc~non ov nevalow A /y~,W ^"` ~,y FIVE MILE CR /©~~~~ti ~ T~RFa'~R CITY OF MERi[ !/yI $ ~ ~ ENp SECTIQP L x A/CONCEPTUAL A: d;~~F~p r~ LN ~ 1 501 31 WINGWALL LAYOUT TYP. EACH ENQ ~w~LI. Oldcastle Amcor Ana ~a wR ~~ca eoum sxa Excavation, Inc. I26 McClure Avenue P.O. Box 1400 Nampa, ID 83653 Office: 208-467-6000 Fax:208~i68-6008 Cell:208-941-0237 M~eCQH2Excavatioa.com T of Work roved B Quanti Pric(t18 for WCD #1 Max Jetis~t Description of Costs/Materials Used Mark up Toni l~criptlon of Cost , on with Date: Equipment or Material price Unit Total Materials Markup 3o addmonai cubic yards a dP roP. i~n9 >e the and pRCe from oHginal quote with no ?!8/2008 mockup. $28.50 30.00 CY $785.00 096 $795.00 $0.00 $0.00 Pup posts previrnca(y set, amt install new posts artd fend ~ discussed t>elween meeting wHh Max Jensen and tiotse River Fence. Thia prke ~ over and above the 2fZ002009 o Ibre item. 3800.00 1.00 LS $e00.Q0 15% $1 035.00 Price, above and beyond. to change fence , ?!20/2009 to a 8' tsp fence 3276.00 1.00 LS $275.00 15% $318.25 instep z X 8 X 12 Pressure treated ta>aders $0.00 $0.00 2126!2009 at ends of ocrlveR • um ~ roto d~ n3~{ $17$.19 1.00 LS $0.00 $178.18 16°i6 $0.00 $204.92 tabor to pick uP parts, inslaB imprcvament and Dean up. Mot~aOon 336.00 18.00 Man Hours 5680.00 0% $580.00 $260.00 1.00 L9 $250.00 3250,00 30.00 $0.00 x.00 $0.00 x.00 $0.00 ~.~ $0.00 $0.00 30.00 $0.00 $0.00 30.00 ~,Da ~•~ 30.00 $0.00 $0.00 $0.00 SD.00 $OAO x,00 ~-~ 30.00 $0.00 x.00 30.00 $0.00 SO.QO 30.00 30.00 x,00 Total Cost: $3,167.17 Contract Days Requested: Total Da s Re nested: ~ 4 February 27, 2009 MERIDIAN CITY COUNCIL MEETING • March 3, 2009 APPLICANT ITEM NO. -E REQUEST Approve Award of Bid and Contract with Treasure Valley Drilling for Well 28 Production Well for $244,026.00 with a Spending Authority fora 10 Contingency Amount 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: ~..~.. ~~ rn~, ~ ~;~° Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meQiings shall become property of the City of Maddian. • Memo To: Jaycee Holman; Tara Green Frone Roxanne Holland, E.I.T., Staff Engineer CC: Kyle Radek, P.E., Assistant City Engineer • Da~4®: February 25, 2009 Rey: Proposed Agenda Item for March 3, 2009 City Council Meeting The Public Works Department respectfully requests the following items be plac~cl on the March 3 City Council agenda, under Consent Agenda, for Council's consideration: We1128 Production Well Bid Results and Award Award of Bid #PW-09-011 and Authorization to enter into a Standard City Contract with Treasure Valley Drilling for the drilling of the Weil 28 Production Well. The contract is the result of Invitation for Bid #PW-09-011. Recommended Council Action: The Public Works Department recommends that City Council approves the Award of Bid and Authoriza#ion to enter into a Standard City Contract with Treasure Valley Drilling for the drilling of the Well 28 Production Well for $244,026.00 with a spending authority fora 10% contingency amount and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WELL 28 PRODUCTION WELL CONSTRUTION PW-09-011 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of February, 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY'°, 33 East Broadway Avenue, Meridian, Idaho 83642, and Treasure Valley Drilling & Pump, Inc, hereinafter referred to as "CONTRACTOR", whose business address is P. O. Box 547. Weiser, ID 83672 and whose Public Works Contractor License # is C- 15542. INTRODUCTION Whereas, the City has a need for services involving the drilling and construction of City Production Well #28; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's wr'~tten notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work° a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shalt have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to Well 28 Production Well Construction PW-09-011 - page 1 of 13 • 2 any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent w~h the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B uPayment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to Well 28 Production Well Construction PW-09-019 - page 2 of 13 consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2009 or (c) unless sooner terminated as provided below or unless some other method or time of termination is fisted in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 60 calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Well 2~ Production Well Construction PW-09-011 - page 3 of 13 4. 5, Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power ves#ed in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. Well 28 Production Well Construction PW-09-011 - page 4 of 13 • . 6. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins Well 2~ Production Well Construction PW-09-011 - page 5 of 13 performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: Well 28 Production Well Construction PW-09-011 - page 6 of 13 • City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Treasure Valley Drilling & Pump Attn: Sherry Young P. O. Box 547 Weiser.lD 83672 Idaho Public Works License #: C-15542 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. We[I 28 Production Well Construction PW-09-011 - page 7 of 13 • 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes; The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. Well 28 Production Well Construction PW-Q9-011 -- page 8 of 13 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to #his Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and a!I other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the taws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN TREASURE VALLEY DRILLING ~ PUMP, INC BY TAMMY de WEERD, MAYOR Dated: BY: Dated: Approved by City Council: Attest: JAYCEE L. H{~LMAN, CITY CLERK Well 28 Production Well Construction PW-09-011 - page 9 of 13 Approved as to Content BY: KEITH S, RCHASING AGENT Dated: -- Approved as to Form CITY ATTORNEY Departm®nt Approval Well 28 Production Well Construction PW-09-011 - page 10 of 13 • Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW-09-011 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-09-011, are by this reference made a part hereof. Well 28 Production Well Construction PW-09-011 - page 11 of 13 s ~ Attachment B MILESTONE !PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $ 244,o2s.oa MERIDIAN #28 SUPPLY WELL -DIRECT MUD-ROTARY METHOD Item Unit of Estimated No. Item Description _ Measure Quantity Unit Price Total Item Price Lump 1 Mobilization Sum 1 $10,500.00 $10,500.00 Lump 2 24"/30" Surface Casing/Drilling Seal Sum 54 $16,200.00 $16,200.00 3 24" Mud-Rotary Drilling LF 510 $ 135.00 $68,850.00 4 1 T' PVC Casing LF 564 $ 114.00 $64,286.00 5 Bentonite Chip Seal CY 4 $ 600.00 $ 2,400.00 6 Bentonite Grout Seal CY 13 $ 600.00 $ 7,800.00 7 Cement Grout Seal CY 13 $ 600.00 $ 7,800.00 8 17"/15" Mud-Rotary Drilling LF 136 $ 105.00 $14,280.00 9 10"(Telescope) S.S. Well Screen LF 150 $ 200.00 $30,000.00 10 Sand Filter CY 4.5 $ 800.00 $ 3,600.00 11 Well Development Hour 30 $ 275.00 $ 8,250.00 18"/15"-to-10"/S" Removable Lump 12 Packer/Reducer Sum 1 $ 6,500.00 $ 6,500.00 13 18" Well Head Assembly LS 1 $ 3,000.00 $ 3,000.00 Miscellaneous Site Work -with rig 14 and crew Hour 1 $ 350.00 $ 350.00 15 Miscellaneous Site Work -without rig Hour 1 $ 200.00 $ 200.00 TOTAL PRICE $244,026.00 Well 28 Production Well Construction PW-09-011 - page 12 of 13 ALTERNATE BID ITEMS Item Unit of Estimated No. Item Description Measure Quantity Unit Pric® Total Item Price 16 20" Mud-Rotary Drilling LF 1 $ 125.00 $ 125.00 17 14" PVC Casing LF 1 $ 120.00 $ 120.00 18 12" Mud-Rotary Drilling LF 1 $ 95.00 $ 95.00 19 8"{Telescope} S.S. Well Screen LF 1 Lump 20 12"-to-7" Removable Packer/Reducer Sum 1 $ 4,500.00 $ 4,500.00 21 18" x 0.375" Wall Steel Wetl Casing LF 1 $ 95.00 $ 95.00 Lump 22 14" Well Head Assembly Sum 1 $ 3,000.00 $ 3,000.00 Travel expenses wiil be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Well 28 Production Well Construction PW-09-011 - page 13 of 13 • r AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WELL 28 PRODUCTION WELL CONSTRUTION PW-09-011 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this ~~~ day of February, 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Treasure Valley Drilling & Pump, Inc, hereinafter referred to as "CONTRACTOR", whose business address is P. O. Box 547. Weiser, ID 83672 and whose Public Works Contractor License # is C- 15542. INTRODUCTION Whereas, the City has a need for services involving the drilling and construction of City Production Well #28; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as fo(iows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the righ# to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. if any such work is copyrightable, the Contractor may copyright the same, except that, as to Well 28 Production Well Construction PW-09-011 - page 1 of 13 • 2. any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City wile pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to Well 28 Production Well Construction PW-09-011 - page 2 of 13 consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3, Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2009 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a} bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor aA or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 6Q calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Well 28 Production Well Construction PW-09-011 - page 3 of 13 4. 5. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as express{y provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. Well 28 Production Well Construction PW-09-011 - page 4 of 13 6. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and nat as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contrac#or. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the pertormance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as fallow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the pertormance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins Well 28 Production Well Construction PW-09-011 - page 5 of 13 ! r performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, ofi'ICials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall nat contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: Well 28 Production Well Construction PW-09-011 - page 6 of 13 ! ~ City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Treasure Valley Drilling & Pump Attn: Sherrv Young P. O. Box 547 Weiser. ID 83672 Idaho Public Works License #: C-15542 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forteiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely pertom~ any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In pertorming the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. Well 28 Production Well Construction PW-09-011 - page 7 of 13 s ~ 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of a[I contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Pubiication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. Well 28 Production Well Construction PW-09-011 - page 8 of 13 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding wall not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effecfive or binding until approved by the City of Meridian. CITY OF MERIDIAN TREASURE VALLEY DRILLING & PUMP, INC BY: _ /~ TAMMY Dated: _~ Approved by City Attest: JAYCEE L-HOI Well 28 Production Well BY: SN~~y ® rub, VtC~ P~s~~•v r Dated: _ '~- 4 -O°y ~~~~~~.~~rrrrr~~'' -. '; ~ FO S~~L ~(`~~ h ~ns~l~,~t30t?NT`f P~(~~-011 ~r~~rtMNt ur++++~aa - page 9 of 13 C~ Approved as to Content BY: KEITH S, URCHASING AGENT Dated: _ - 2 ~' - (~ Approved as to Form CITY ATTORNEY • Department Approval BY: ~ ~ "" NAME: ~x~k~e ~ ~ ~~ TITLE: , ~'-I~~ ~l~f~•fr' Dated: 2- Z5 - (5'~ Well 28 Production Well Construction PW-09-011 - page 10 of 13 i r Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW-09-011 ALL ADDENDUMS, ATTACHMENTS, AND EXl~IBITS included in the Invitation to Bid Package # PW-09-011, are by this reference made a part hereof. Well 28 Production Well Construction PW-09-011 - page 11 of 13 • Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $ 244, 026.00 MERIDIAN #28 SUPPLY WELL -DIRECT MUD-ROTARY METHOD Item Unit of Estimated No. Item Description Measure Quantity Unit Price Total Item Price Lump 1 Mobilization Sum 1 $10,500.00 $10,500.00 Lump __ 2 24"130" Surtace Casing/Drilling Seal Sum 54 $16,200.00 $16,200.00 3 24" Mud-Rotary Drilling LF 510 $ 135.00 $68,850.00 4 1T' PVC Casing LF 564 $ 114.00 $64,296.00 5 Bentonite Chip Seal CY 4 $ 600.00 $ 2,400.00 6 Bentonite Grout Seal CY 13 $ 600.00 $ 7,800.00 7 Cement Grout Seal CY 13 $ 600.00 $ 7,800.00 8 1T'/15" Mud-Rotary Drilling LF 136 $ 105.00 $14,280.00 9 10"(Telescope) S.S. Well Screen LF 150 $ 200.00 $30 000.00 10 Sand Filter CY 4.5 $ 800.00 , _$ 3,600.00 11 Well Development Hour 30 $ 275.00 $ 8,250.00 18"/15"-to-10"/9" Removable Lump 12 Packer/Reducer Sum 1 $ 6,500.00 $ 6,500.00 13 18" Well Head Assembly LS 1 $ 3,000.00 $ 3,000.00 Miscellaneous Site Work -with rig 14 and crew Hour 1 $ 350.00 $ 350.00 15 Miscellaneous Site Work -without rig Hour 1 $ 200.00 $ 200.00 TOTAL PRICE $244,026.00 0 Well 28 Production Well Construction PW-09-011 - page 12 of 13 ALTERNATE BID ITEMS Item Unit of Estimated X10. Item Description Measure Quantity Unit Price Total Item Price 16 20" Mud-Rotary Drilling LF 1 17 14" PVC Casing LF 1 18 12" Mud-Rotary Drilling LF 1 19 8"(Telescope) S.S. Well Screen LF 1 Lump ZO 12"-to-7" Removable PackeNReducer Sum 1 21 18" x 0.375" Wall Steel Well Casing LF 1 Lump 22 14" Wel! Head Assembly Sum 1 $ 125.00 $ 125.00 $ 120.00 $ 120.00 $ 95.00 $ 95.00 $ 4,500.00 $ 4,500.00 $ 95.00 $ 95.00 $ 3,000.00 $ 3,000.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Well 28 Production Well Construction PW-09-011 - page 13 of 13 i ~ February 27, 2009 MERIDIAN CITY COUNCIL MEETING March 3, 2009 APPLICANT ITEM NO. S-F REQUEST License Agreement with Nampa & Meridian Irrigation District for Ten Mile Interchange Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: IJS WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at publk meetings shall become property of the CNy of Meridian. Ob/04/2009 MON 15:x1 FAg . • [7j 002/010 ADA DOUHf1f REOORDER d, DAVlD NAVARRO AMQUNT 2'1,00 ! 9111$1? IDAHO 04t?At00 ae;2A AIN i e fp t REC°RQED REGitMI~T' OF II~ I~~~~~1~~~'~~~~~I~II~~f~~~~~~-~~~~~ Nampa Merldlan Urlpalion Dlal 1e90465Bt3 LICENSE AC'z2ELMENT LICENSE AGREEMENT, made and entered : nto this ~_ day of , ZCIt)9, by and amongNAMFA & MERIDIAN IRRIGATION DISTRI~~'1', an irrigation district or sized and existing under and by virtue of the laws of [he Slate of Idaho, party of ~ he firs[ part, hereinafter referred to tts the "DislricK", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83ti42 party or parties of the second part, hereinafter collectively referral to as the "Licensee", WI~1V~~SET~I: WHEREAS, Licensee is the owner of real p,ttpcrty/right.ot way S'or a v-~atar line and muse main (burdened with the easement of the District hcreinafer mentioned) particularly described in the "Lc;bal Description" attached hereto as Exhibit A and by this reference made a part herepF; and, WHEREAS, the District owns the irrigation ditch or canal known as KENNEDY LATERAL (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, tc~$cthcr with the ca5cmcnl therefor wconvey f;-igation and drainage water, operate, clean, maintain, and repair the ditch er canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's teal property as shown on Exhibit l3 attached hereto and by this reference made a pari hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing ennSiruction nr activity, affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and rnnditions hereinafter set forth; and, WIIEREAS, it is necessary that tls~ District protect ditches and its right of way slang its ditches; NOW, TIiEREFORE, for and in eonsideration:~F the premises and oJ` the covenants, agreements and conditions hcrcinaftor set forth, the parties agreo as fc+ lows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the mariner generally deserilred in the "Purpose pf License" attached hereto as Exhibit C and by this reference m:~~IC a part hereof. q,pyr modilicalion of said ditch or - .canal by the_Licensee_or_pncr~aehmcnl_upon_lhC Di~tric4's ea5~ment alnng__Said ditch ~~r canal shall be __ - - -_ performed Ind maintained in aceardance with the "Spacial Conditions" stared in Exhibit D, attached hereto and by Ibis reference made a part hereoF. Any differen~~ or discrepancy between the items lisletl in Exhibit C, "Aurpose of License," and any plans or drawings referenced in or attached io Exhibit D shall be resolved in rauor oC Exhiril C. l,iccnSec shall only be permitted or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit C even if any plans or drawings re>-ercnct~d Ar attached to Exhibit D provide or show athorwiso. 06/04/2009 biON 16:31 FA% • . ~l003/0l0 2. 'This agrecmnnl pertains only to the Licensee's modification of Said ditch or canal or Pr!p~apht2tent to the L~:St.*t~t's ;°as~TMt~nt f:2r the pt;rpo~. ; a;td iii the ;rnnn~r dB~crih~.d ~iiCr min. '~ iiE fi.,iCEnst.E shall not change the location of the ditch or canal, bury ;he ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in ibis agreement without lust obtaining the written permission of the District. 3, Each facility {"facility" as used in this agreement means any object or tIti,tg of rtny nature installed in or on the District's easement by the License or the Licensee's predecessor in intere.5t) sha]1 be construeled, installed, operated, maintained, and repairc~ at all tinter by the Licensee at the cost and expense of the Licensed. ~. Licensee agees to construct, install, cypcrate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or inlcrfersnct:with the flow of irrigation water in the ditch or canal or the delivery of irrigation w;~ter by the District; c. an increase in seepage or an} other increase in the loss of wafer from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the Dist ~ ct's easement and irrigation works. 5. The Licensee agrees tp indemnify, hufd harmless, and defend the District from all claims for damages arising out of any of the Licensee's eonstruotion or activity which c:Onslitutes or causes any of the circumstances enumerated in the preceding para~*raph, 4.a. through 4.e., pr any other damage to the easement and'irrigation a+orks which may be caused by thccctnStruction, installation, operation, rnainlenance, repair, and any use or condition of any facility. ; 6. Licensee agrees that the work pcrforn~ed and the materials ust;d in such construction shall at all limes be suhject to inspection by the pistriet and;the District's engineers, and that Linal acceptance of such work shall not be made until all such work and (,'1at0ridls shall have been exprossiy approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alleralion by the Licensee of said ditch or canal and thn easement therefor which does not comply with the terms of this agr~ment, and to remove any impediment tp the l7ow t)1`water in said ditch or canal and any unsafe condition or hazard ca.LS@d by the Licensee, al any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the Dlstric[ for such purposes. If the Licensee shall fail in any respect la properly maintain and repair sunk facility, then the District, at its option, and without impairing or in anyviise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenancet; and repairs and the Licensee agrees to pay to the bistriet, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall ,give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work CxCCpt that in cases of emergency the bis[rict shall attemp! th give __ - - - -such notice as reasonable undEr the circumstances. Nothing in this paragraph shall create ~r support any claim of any kind by Licensee ur any third party again;.i thr: District i`or failure to exercise the options stated in this paragraph, and Licensee shall indemnify, (told h;;rmlws and defend the District from any claims made LICENSE AGREEMENT -Page 2 06/04/2009 Mt)N ib:31 FAg . • x]004/010 against the bisiriot arising out of or relating to the lernts of this paragaph except For claims arising solely .^,tlt of the negligen:;c i^,i the iitSlri~t. , 8_ Neither the terms of this agreement, lh„s permission granted by the Distriel to the Licensee, the Licensee's activity which is the subject of this ar~*reement, nor the parties exercise of any rights or performance of any obligations of this agreement, shs~hl be construed or asserted to extend the application ~Fany statute, rule, re,gultltlort, directive orother requirGtnent, or the jurisdiction of any federal, state, orother agency or official to the pistricl's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply ta; the District's operations and activities prior to and without execution of this agreertierlt, In the event the District i$ required to comply with any such requirements or is subject to the jurisdiction ol'any su`ah agency as a result o1`c;xecution of this agreement ar the Licensee's activity authorized hereunder, Llcersee shall indemnify, held harmless and defend the District Pram all costs and liabilities associated with tl~e application of such laws or the assertion of such jurisdiction or, at the option ol'the District, this ageen~ent shall be of no f®ree and e.Cfect and the Licensee 511811 Ce85~ aJJ aGlivlty and Temove any faClllty aUlhOrt'..ed by [his agreement. 9. In addiGUn to ail other indemniliccattion provisions herein, Licensee li~rlhcr agrees to indemnify, hold harmless and dcland the District from any injury, damages, claim, lien, cost anal/or expense (including reasonable attorney's fees) incurred by, or erscrted against, the District by reason of the ne,glibnrnt acts or omi.~iana of Licensee or its agents, contractors cir subcontractors in performing the construction and activities authorized by this a~'reemenl. , 10. The Licensee agrees that the District Sha11 not be liable for tiny damages which shall aaeur eo any facility, structure, plant, or any other improvement of any land or nature whatsoever which the Licensee shall instaII on the said easement area of the lt7istrict in the reasonable exercise of the rights of the Distriel in thr; course of performance of maintenance rr repair of said ditch or canal. Tho Licensee further agrees to suspend its use oi` the said easement area when the use of the easement area is required by the District for maintenance or repair under liti5 or any other paragraph of this agreement. 7,1. Licensee shall place no structures, pathways or landscaping of any kind above ar within life District's casement eras except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, autF,orize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways ur landscaping within the District casement without the prior written consent of the District. 12. Should either party incur costs or aity~tney fees in connection with EFl'orts to enforce the prUVisions of this agreement, whether by inslitulion OFFuit or nat, the early rightfully eni~rcing or rightfully rESisting enJ'oruempni of the provisions of this agreement, or the prEVailing party in case suit is instituted, shall be entitled to reimburs~Ement l'or its costs and re~sanable attorney fens from the other party. 13. The parties hereto understand and agru: that the District has no right In any respect to impair the uses and purposes of the irrigation works and syslzm of the Distriel by this agreement, nor to gran[ any rights in its irrigation. works and system incompatihlc__with the uses Co which such irrigation works and - -- -- __ - system arc devoted and dedic~led and that this eontra~~t shall he at all times cnnstrued according io such principles. L1Cl~T5E AGREEMENT -Page 3 Ob/04/2009 MON lb:a2 FAg • • Ir7.j00b/010 14. Nothing herein Contained shall be construed to impair the right of way of the District In the said ditch er cartel and a!I use of said d;!ch or ;,anal by :he I ce:tsee and tits license herein. Provided therefor Shall remain inferior and subservient to the rights of the District to the use of said ditch pr canal for the transmission and delivery of irrigation and drainage w?~tler. 15. ]n the cvCnl of the failure, refusal or n~~giecl of the Licensee to comply with al! of the terms and conditions of this a,grCCmenl, the license of the Licensee under the terms hereof may lte terminated by the District, and any Cac,~lity, structure, plant, or any ether ilnprowement in or over said ditch or cabal, and the right of way therefor, which may impede or restrict the mainlenanee and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fc~~ or engineering fees charged by the attorney for the District or by the engineers for the District in connection witty the preparation of this License Agrectttent or in connection with negotiations covering the terms and:conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim oP ostoppel, waiver, proscription or adverse possession by the Licensee or any third parity agalttst Distrlet 113_ This agreement is not intended tot thN benefit of any Chird party and is not cnPorccable by any third parry. l y. IC any provision of this agreement is daermined by a court of competent jurisdiction to be invalid or otherwise unenfrraoable, all remaining provisions of this agreement shall remain in full farce and. ct7ect. 2A. The ward "Licensee°, if used in the nouter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plurtsl number includes the singular. The covenants, conditions and agreements herein contained shall constitute covonanls to run with, and running with, all of the lands of the Licensee de,SCrihed in said Exhibit A, and shall b¢ binding on each of the parties hereto and on all parties and all perscins claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. t NA1t~lPA dt MERIDIAN IRRIGATION DISTRICT Icy C.~ h s President TTE.ST: __ - _ _ - - --- 1 ,~0~1IR~l~A - - - - - - - - Its Secretary ,~ o~~t LICENSE AGREEMENT -Page 4 Ob/04/2009 bION 1b:32 FA% • • [7j 006/010 CITY OF MERIDIAN ATTEST: STATE OF IDAHO Coun[y crf Cb.nyon ss: Ii >~ y U' o`V~^ ~~"` ~, r, p ,. r~~ a ,, ~ , ~L1141'9'Y '~~ On this '~[ _ day of +~ ~-~ .~f , 2.~~p9, before me, the widensigned, a Ncriary Public in and for said State, personally appeared Clinton C. PI}ne and Daren R. Coon, known tome to be t11c President and 5acretary, respectively, ofNAMPA & MERIDL4I~~IRRIGATION DISTRICT, the irrigation district lhdt executed the foregoing instrument and acknowledged [o me that such irrigation district executed the same, IN WITNESS WHEREOF, I have henanW set my hand and affixed my official seal, the day and year in this Cc.-rtilicate first alh0wnes~ten. STATB ol~ IDAHO Count of Ad e~ l~ ~pTAg~ , yt ~ ~''~' S rir ~-,,°,OOsaO~~~ ~ 4a' ~W6~eJ~. ~. lt) Notary Public or Idaho Residing at Idaho My Commission Expires: 'j ,~®Id1. y a ) On this ~ day of , 2009, efore me, the undersigned, a notary puhIic in and for said state, personally appeared an known tp me to [ie thb and respectively, o Elie CITY OF MERIDIAN, the political subdivisi nand municipality that a eeutcu a foregoing instrument, and acknowledged tome [hat such entity executed the same. ' and year in ihi:S have heremto set my hand and affixed my oPTicisal seal, th[: day ~.ary Public for -- _ ___ Residing at My Commission Expires:_ 1[~'ll1 LICENSE AGREEMEN'T' -page 5 Ob/04/2009 MON 16:32 FAY ~ • .~ ~i'T~ I.,egai De.Scr~iion, A right-of-way for a potable water rt~ain and a Class A Reuse main located within the road right-of- way for Ten Mile Road in the NW1/4 of Section 14, ~'ownship 3 North, Range 1 West and the NE 1/4 of Section 15, Townslup 3 North, Range 1 West,13.M., : Ada County, Idaho. EXHII3tT C Purpose oflrcense The purpose of this License Agreement is toltetmit and approve I~ic;ensee to: 1. construct, install, maintain and rcpai~ a 12 inch pr,table water main aemSS and tinder the Kennedy Lateral and within the Distri::t's easem@nts and 2. construct, ins[aA, rpaittt8in and repair a 12 inch Class A Meuse main across and under the Kennedy Lateral and within the Distr'ict's easement, all within Licensee's right-of--way described in Exhibit,A~ Iodated within the road right-of--way forTen Mile Road, between the Interstate 84 and pranklin Road in luieridian, Ada County, Idaho. No other construction or activity is permitted witltitt or affecting the Kennedy Lateral or the District's easement EXHIL3IT D Svecial Conditions a. The construction described in Exhibit C shall be in performed in accordance with certain plans consisting oFone sheet attached hereto as Exhih~t D-1 and by this reference incorporated herein. b. The Licensee recognizes and aelrnowle:dges that the license granted in this agreement by the District pertains only to the rights of the District ss owner oi'an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement_ A.ny such rights affeoting fee title must be acquired bF the Licensee from the holder of tide to [he properly. Should Licensee fail to obtain such rights from the holcttr of dtlc to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District fmm any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. c. Licensee represents that Licensee has,compIied with all federal, state or other laws, rules, regulations, directives pr other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, tls may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements Lhat now exist or that may be imp?emented or imposed in the future. By executing this agreement the District assumes no responsibility or Ii.~bility for any impact upon or degradation of wafer quality or [he cnvimnment resulting from the discltarg~ ar other activity by Licensee.which is the subject of flits agreement. I~j 007/010 Z.ICENSl= AGRIr)~NlENT - Pagc 6 Ob/04/2009 MON 1b:32 FA% • ~ 008/010 d_ Licensee hereby indcmn~es, holds harmless and shall defend the District from any and all penniue~, finii~tii+no, dir°c.~ti`v`@~, ciatiii$ fir i171~ p~t;on tiliircn E5r 1Cgilire~;,er~t i~np©sed by any party Or eintity, public or private, with respect to environmental matters relating [o the SubjECt matter, terms orper[ormance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such.penalty, sanction, directive, claim ,action or requirement. . e. In the event the x7istrict is inquired by any governmental authority to require or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemni,Cy, hold harmless and defend the District form all costs and IiabiIilies associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatmene, administrative, Filing and other requirements. F. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District ty this agreement does nor assume, create, or exercise legal or other authority, either express orimplied, to regulate control, orprohibit the discharge orcontribution of pollutants or contaminants to the district's facilities or to any groundwater, waters ttf the State of Idaho or the l:Jnited States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. g. LIcensec shall nC~t excavate, discharge, place any structures, nor plant any frees, shrubs or landscaping within the District°s easement, nor perform any construction or activity within the District's easement for the Kennedy Lateral except as referred to in this agreement or exhibits thereto witltoul the prior written consent of the District. h. Licensee acknowledges and confirms chat the District's easement Cor the Kennedy Lateral includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Kennedy Lateral, and to access the Kennedy laietal for said purposes and is a minimum oF55 feet, 20 feet to the left of the centerline, and 35 feet to the right of the centerline facing downstream. i. Construction shall be completed one pear from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT -Page 7 Ob/04/2009 MON 1b:~2 FA% . ~ I~j009/010 ~xhibit B 06/04/2009 MON 16:3 FA% ~ ~ [1010/010 J m ~ W 1 ~ ~ ~ ~ ~ ~ ! ~ 5 s ~ ~~ ,. g~ '~j bl YI W .(Sy ~f!~! ~ NJ W W W ~Qr^ ~ ~ ~ h ~~I ~d1 ~R~~~p~ _ ~l ~Q C~~'~ ¢n4 p~J ~~Jpd Q'!~°~'~`~ W6, • ZL VI P e ~ N ~ ~ ~ ` ^ ~f "~ ~ ~ a r n ~ ~ ~ ~ A Y n • ~ /S ~! n ^ ~ ~ of .~ `y ~ A lJ - ,{ T~ ~mw h1 ~ + •i i+ n} ~ ~ ~ S N mm ~v ¢~~ ~"*,~a '1, ~y' ~ n m vl n m '~R ,n p I= ~i 1 n 'O Ib " J G ` ~ ~ r ~r ~r 1+11,1/-]~y7~~J~, I~II11 ~.3J ~~ ~~rr ~ ~ ~ )}..... 1 ~1 ` T r+ ~ ~ ~ G'~i vi t w n I G: `~I Yi ~0~41 ~VI ryVf VI IyJ~NIOL~h ~vl ~~~~~~~IN O ~~n~In ~~rn~ ~~ ~+ N•t 4~~K22 ~~d` In . ~-_, oC~...Gh~rr~~~Y ~ ~ ~ n 4 Ol N m ~~ ~ ~~: o€Q -°~~ ~ ~ s o~ $~~~ .. , U •~- ~ ~~~ (Ot J371~ 335J 3nm N]LVW ~ .• •. ,~, , ~; ~ ~ ?~°~ ~+ w 1 1 ~ ~ ]+ 1 a~ ,• .~ ~ e ~ ~ , ,. w - i' .I _ :-~P ~ ~~ ~ ~ ~ _ 1.: ~~~: ~p - j 1 1. 1 ~' - ~, ; :l,r ~ j - 1 ~'~y i r , • . ~ i,' Js' ~ n Pv By { ~; 1 ~ C ~. • I I . 7 - ,..~- ~..:.• t~-.. ~S -111 •.-. ~' _.. -- ~~ - ~ --_. I I~: ` 1 11• YI ~J W ~~ to watts ~s> 31~ w~taw ~ . ~ I. ; . Exhibit D-7 • • ECEIVE~ emo ~E~ ~~ ~~°~ CITY OFC~~ ,?;u? CITY CLERKS ®FFICE To: Jaycee Holman; Tara Green From: Brent Blake, Engineering Tech. II CC: Clint Dolsby, Kyle Radek, Tom Barry, Scott Steckline Date: 2/26/2008 Re: Proposed Agenda Item for March 3, 2009 Council Meeting The Public Works Department respectfully requests the following item be placed on the March 3, 2009 Council agenda, under Consent Agenda, for Council's consideration: License Agreement with Nampa & Meridian Irrigation District for 12-inch water main crossing as part of the Ten Mile Interchange Project Recommended Council Action: The Public Works Department recommends that City Council approves the license agreement with Nampa ~ Meridian Irrigation District fora 12-inch water main crossing as part of the Ten Mile Interchange Project and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 • LICENSE AGREEMENT LICENSE AGREEMENT, madc and entered ~ nto this day of , 2f?tI9, by and arncmgNAMPA&MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of+.he first part, hcrcinaftcr referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho F33642 party or parties ol'the second part, hcrcinaftcr collcctircly referred to as the "Licensee", W ITNES SETH: WHEREAS, Licensee is the owner of real property/right-ol=way for a water line and reuse main {burdened with the easement of the District hcrcinaftcr mentioned} particularly described in the "Legal Description" attached hereto as Exhibit A and by this rcfcrcncc madc a part hereof; and, WHEREAS, the District awns the irrigation ditch ar canal known as KENNEDY LATERAL {hcrcinaftcr collectively referred tcf as "ditch or canal"l.. an integral part of the District's irrigation works and system, together with the easement therefor to convey ira igation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for (hose purposes; and, WHEREAS, said ditch or canal and casement crosses and intersects Licensee's real property as shown on Exhibit l?; attached heretn and by this rcfcrcncc madc a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing construction or activity, at'fccting said ditch or canal or the District's easement in its course acrc-ss the lands crf the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration ~yf the premises and of the covenants, agreements and conditions hcrcinal'ter set forth, the parties agree as fc+llows: 1. The Licensee shall have the right to +nodify the said ditch or canal or encroach upon the District's casement along said ditch or canal in the mat ner generally described in the "Purpose of Licentie" attached hereto as Exhibit C and by this rci'erencc rna ie a part hereof. Any modil3cation of said ditch or canal by the Licensee or encroachment upon the Di~irict's easement along said ditch or canal shall be performed and maintained in accordance with the "Sp~~ial Conditions" stated in Exhibit D, attached hereto and by this refercnc;c; madc a part hereof. Any differcn=•e or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawing referenced in or attached to Exhibit D sha11 be resolved in favor of Exhibit C. Licensee shall only he permitted or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 2. This agrcemcni pertains only to the Licensee's modification of said ditch or canal ur encroachment to the District's easemcnl fur the purposes and in the manner descrihcd herein. The Liccnsce shall not change the kx;alion of the ditch or canal, hury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first uhtaining the written permission of the District. - 3. Each facility {"lacility" as used in thi=. agreement means any abject or thing of any nature installed in or on the District's easemcnl by the Licensee ur the Licensee's predecessor in interest) shall he constructed, installed, operated, maintained, and rcpair~~d at all times by the Licensee al the cost and cxpcnsc of the Liccnsce. 4. Liccnsce alnecs to construct, install, o~eratc, maintain and repair each facility and conduct its activities within or affecting the District's easemens. so as not to constitute or cause: a. a hazard to any person or property; h. an interruption or intcrfcrencc with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; c. an increase in seepage or any ether increase in the loss of water from the ditch car canal; d. the subsidcnu; of soil within or adjacent to the cascmcnt; e. any other damage to the District's easement and irrigation works. 5. The Liccnsce agrees to indemnify, bald harmless, and dcfcnd the District from all claims for damages arising out of any of the Licensee's construction ur activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.c., or any other damage to the easement and irrigation works which may he caused by the construction, installalicm, operation, maintenance, repair, and any use or condition of any facility. 6. Liccnsec agrees that the work performed and the materials used in such construction shall at all times he subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not he made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not he unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Liccnsec and to repair any alteration by the Liccnsce o!'said ditch or canal and the cascmcnt thcrcfijr which does not comply with the terms of'this agreement, and t; ~ remove any impediment to the i1c~w of water in .raid ditch or canal and any unsafe condition or hazard cai,sed by the Liccnsec, at any time, and the Liccnsec agrees to pay to the District, on demand, the costs which shall he reasonably expcndcd by the District fix such purposes. If the Liccnsce shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right tc~ perform the necessary maintenance and repairs and the Liccnsec agn;cs tt~ pay to the District, on demand, the cost or cxpcnsc which shall hc~ reasonably expcndcd or incurred by the District liar such purposes. The District shall give reasonable notice to the Liccnsec prior to the Uistriet's performing such maintenance, repair or ether work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Liccnsce or any third party against the District for failure to exercise the; options stated in this paragraph, and Liccnsce shall indemnify, hold hs~rmless and dcfcnd the District from any claims made LICENSE AGREEMENT -Page 2 against the District arising out of or relating to the terms of this paragraph except liar claims arising solely out of the negligence of the District. $. Neither the terms of this agncement, thti permission granted by the District to the Licensee, the Licensee's activity which is the subject of this a:~*rcement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the j urisdiction of any 1'cderal, slate, or other agency or official to the District's ownership, operal:on, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without executivn of this agreement. In the event the District is required to comply with any such requirements or is suhjcct to the jurisdiction of any su~~h agency as a result of execution o#' this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liahilities associated with the application of such laws or the asurtion of such jurisdiction ar, at the option of the District, this agrecn~cnt shall be of no force and cfTect and the Licensee shall cease all activity and remove any facility authorised by this agreement. 9. In addition to all other indemnifica?ion provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from .~tny injury, damages, claim, lien, cost and/or expense (including rcasonablc attorney's fees) incurred hy, or a~scrted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subu~ntractors in pcrl'urming the construction and activities authorized by this ab~recment. 1t}. The Licensee agrees that the District shall not be liable liar any damages which shall occur tc.~ any facility, structure, plant, or any other improvc~mcnt of any kind ur nature whatsoever which the Licensee shall install on the said casement area of the ~)istrict in the rcasonablc exercise of the rights ol'thc District in the course of performance of maintenance r+r repair of said ditch or canal. The Licensee further af~rccs to suspend its use oi' the said easement area when the use of the casement arcs is rcyuired by the District 1'or maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind ahcroc or within the District's casement area except as referred to in this al,~recment or exhibits hereto without the prior written umscnt of the District. Nor shall Licensee permit, autl;orizc or grant any other person or entity to excavate, discharge, umstruct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur casts or attt~rney fees in connection with efforts to enli~rce the provisions of this agrccmcnt, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreen~:enl, or the prevailing party incase suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agrccmcnt, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system arc devoted and dedic;aied and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT - Pagc 3 ~ - i I4. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein presvidcd therefor shall remain inferior and subservient to the rights of !.he District to the use of said ditch or canal li7r the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all c~l'the terms and u~nditions of this agreement, the license of the Licensee under the terms hereof may he terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch ar canal, and the right of way therefor, which may impede or restrict she maintenance and operation of such ditch ar canal by the District with its equipment for the maintenance of its said ditch ar canal may he removed by the District. 16. The Licensee agrees to pay attorney fc~s or engineering fees charged by the attorney ii~r the District or by the engineers for the District in connection with the preparation of this License Agreement or in u~nnection with negotiations covering the terms and eondilions of this License Agreement. Liccnscc also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim c7f estoppel, waiver, prescription or adverse possession by the Liccnscc or any third parity against District. 18. This agreement is not intended for the benefit of any third party and is not cnti~rccahle by any third party. 19. If any provision of this agreement is d,;termined by a court of competent jurisdiction to he invalid or otherwise unenforceable, ali remaining provisions of this agreement shall remain in full li~rcc and effect. 20. The word "Liccnscc", if used in the muter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, umditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands oi'the Liccnscc described in said Exhibit A, and shall he binding on each of the parties hcreio and on alt parties and all persons claiming under them or either of ihcm, and the advantages hereof shall inure to the benefit vl' each of the parties hereto and their respective successors and assigns. NAMPA 8i MERIDIAN IRRIGATION DISTRICT ATTEST: 13y. It ~ President Its Secretary LICENSE AGREEMENT - Pagc 4 CITY OF MERIDIAN 13y ATTEST: STATE OF IDAHO } ) SS: County oi' Canyon } On this day of , "}Q9, before mc, the undersigned, a Nalary Puhlic in and for said State, personally appeared Clinton C. Pliny and I)arcn R. Coon, known to me to ]x' the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigat ion district that executed the ii~regoing instrument and acknowledged t.o me that such irrigation district executed the same. IN WITNESS WHEREUF, I have hereunto set my hand and al'1"txed my official .real, the day and year in this certificate first above written. Notary Puhlic ii~r Idaho Residing at ,Idaho My Commission Expires: STATE OF IDAHO ) }SS. County of Ada ) On this day of , 2tH)9, heli~re me, the undersigned, a notary public in and for said state, personally appeared and ,known to me to be the and ,respectively, of the CITY OF MERIDIAN, the political subdivision and municipality that executedi the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and ai'fixed my official seal, the day and year in this certificate first above written. Notary Puhlic 1`or Residing at ,_ My Commission Expires: LICENSE AGREEMENT -Page 5 • EXHIBIT A Le 7a1 Dcticripti<~n A right-of-way for a potable water main and a Class A Reuse main located within the road right-r~l`- way for Ten Mile Road in the NWI/4 of Section 14, 'T'ownship 3 North, Range 1 Wcst and the NE 1/4 0l' Section I5, Township 3 North, Range 1 West, B.M., Ada County, Idaho. EXHIBIT C Purpose of Liccnsc The purpose of this Liccnsc Agreement is to rcrmit and approve Licensee to: t. construct, install, maintain and repair a 12 inch potahle water main across and under the Kennedy Lateral and within the District's easement; and 2. construct, install, maintain and repair a 12 inch Class A Reuse main across and under the Kennedy Lateral and within the District's easement, all within Licensee's right-oi=way described in Exhibit. A, located within the road right-~~I'-way ii~r Ten Milc Road, between the Interstate 84 and Franklin Road in Meridian, Ada County, Idaho. No ether construction or activity is permitted within or affecting the Kennedy Lateral or the District's casement. EXHIBIT D S ec~~ ..al Ccfnditions a. The construction described in Exhibit C shall Ire in performed in accordance with certain plans consisting of one sheet attached hereto as Exhibit D- I and by this reference incorporated herein. h. The Licensee reurgnizes and acknowh~dges that the license granted in this agrecmcnt by the District pertains only to the rights crf the District as owner of an easement. The District has no right or power to create rights in the Lic;ensce affecting the holder of title to the property suhject to the Uislricl's casement. Any such rights ai'fccling fee title must be acquired by the Licenscc from the holder of title t<~ the property. Should Licenscc fail to nhtain such rights from the holder of title to the property or should the rights ohtaincd prove. legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agrecmcnt shall be of no force and effect. c. Licenscc represents that Lic;cnscc hoc complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding cnvironrnental matters, and specifically those relating to pollution control and water quality, as may be applicable under the suhjcct matter, terms or periormancc of this agreement broadly construed. Licenscc recognizes its continuing duty to comply with all such requirements that now exist or that maybe implemented or imposed in the future. By executing this agrecmcnt the District assumes no responsibility or liability far any impact upon or degradation oi' water quality or the environment resulting from the discharg: or other activity by Licenscc which i5 the subject of this agrecmcnt. LICENSE AGREEMENT -Page 6 • • d. Licensee hereby indemnifies, holds harmless and shall defend the District Pram any rind all penalties, sanctions, directives, claims or any action taken or reyuircment imposed by any party cfr entity, public or private, with respect to environmental matters relating to the subject matter, terms or perii~rmanec of this agreement unless the District shall he solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim ,action or reyuircment. e. ]n the event the District is required by any governmental authority to acquire cfr comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and dei'end the District lurm all u~sts and liahilities associated with such permit and other requirements, including but not limited to all oasts associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. f. The parties to this agreement recognize this license agreement is an accommodation to Lic;ensce. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge orcontribution of pollutants or contaminants to the District's i'acilities or to any I,~roundwatcr, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. g. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's casement, nor perform any construction or activity within the Districf s easement for the Kennedy Lateral except as referred to in this agreement or exhibits thereto without the prior written consent of the District. h. Licensee acknowledges and canl'irms that the District's casement far the Kenncdv Lateral includes a sufficient area o#' land to convey irrigation and drainage water, to operate, clean, maintain and repair the Kennedy Lateral, and to access the Kennedy Lateral for said purposes and is a minimum ol'S51'cct, Zt} feet to the #e#'t of the centerline, and 35 feet to the right of the centerline facing downstream. Construction shall be completed one year from the date ol'this Agreement. Time is al'thc eSSCRCC. LICENSE AGREEMENT - Pagc 7 I .~ L f ~ ? a ., y ~ _ ~: N a , _ ~ ~: .. x ,,fir ~'~ 1 ~~ '3 ~~.a . „a a. ,~ ,', ~I ~ 5 rt.l,. ~ .~~i i,µ1 {~^~ u.F~ F ',~'~ G 7~ r ~ 1 ~ ~ < ~ t~~ :~ ~~ ~~,'y~~ ~. f ~~ Exhibit B 1 ~ ~ 5 1 ~ ~ ~ ~ ~ ~: ~ J 1 ~ LL g 'nrt ~ co rc ~ ' 33 .n > W J iii m . 1- a 15' ~ ~ Q' a ~ ~ x'~O t a ap > N ~+ o ~ 3 0 ,,, ~ ~ <.. N r ~ ~ is ~ ~c(nI ;~ ~ ~w+ I 1 ~ z 1 ~a OkY J Z a NN ~ n '~ N /~i 1-' ~fi rQ. ~O •!f vl N Q > ~ .~.I 2 ~lQa1 F V Wp r ~ ~ h~ F UUj} ~ ~- ~' V 'd"6~~i W ff41 ri U If7 h ~ 1 +~ C~ QM1 J~ o o _ ~ q K a C yK~(Y. o1 pJ ~(y/,~~ pJ OJ •J 4•LL 'QON~~ ~N M~~ AtV M ~~J/YIO ~~O (y yI~y~n ~7 11 j!is]nfi•L3m Mh /I Mf 7a1 ~+1 a'iy+~~`J Q (~ ~m SON Y! IV ~ 6' ~O Q Q N pp S ~ P P ~ = 00 y ~ t } ,~, + ~O ID + ~' .F i i 4 ~ 9 N 10 Q ID ~ ~ O O ~~~/ ,-T~'~ ~~~ 1tf pa •~ (p m ~p ~ N •F Yi q~Fp ~'Ip' 'f' ~ip~ i- r. 4 pt~ 0 0 tppN~lf}N I fy~ 1 ~NIY~~! ' ~IU~..'i ~ 3v~i F~~ ~~MN '=~f~i p~ IY--'i=ii p~ =uni ~ S{~~ ~j SyS fJj ~~If lq-~Yi ~^q I {ppa Ntlf ~d C/ lp ^ NGI • In p 1~t 1/1 t~Nbi ~r !!1 44..87}// S~~ G ~~ NN 4~27NGj C~ N~G dl ~G t].3F /If tyr~d ~/! w NNfANGVI d GN ~ aQ ~ M m 4 ~ N N 0 ~~ *w°~ W Y ~~~ a ~ € ~ a w 1 ~~ ~ ~, ~ } ~~~Q~~ ~ ~ ~o~' ~ WWa z~Q ~Ol 133H5 335) 3NF1 M:11V/Y z° 's . 4 `2 ~ • ~•. '~ ~i'';I off'; ~ ~ ~; c ~.i. ~; ZF"' .. ~ I 1~ ~,,~ m 1 1 3 J ...:: .~ 1 1 ...~.... ? ~ ~~' ,, . ~ ~ ~ jI i . 1. - ~" .._ _'.. ~i.'1 tea:! ~j H 1 Q i I1 f., ~ ,;~ ~ - y- -- 91 i t ,, d ::~, , l 1 ,~ -. -,.t .. -.. Q Q E~ ~ -,- 1; ', ' t : pl Of 1 Il fil I ~ ' ~~ ~'d i:: o } is i ~ ~ - j i ~-~H • - ~ o 11 : ~~ .1 (8 133HS 335) 3N1'I FfJ1VW ~ 1 ~ ~ Exhibit D-? February 27, 2009 MERIDIAN CITY COUNCIL MEETING March 3, 2009 APPLICANT ITEM NO. 5-G REQUEST Resolution -Multi-Year Water and Wastewater Rate Adjustment 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: Ste aifiached ~~ O O~ /~~ ~~ NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubpc meetings shall become properly of the CHy of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: u RESOLUTION NO. ~~~ ~~~ BIItD, HOAGLUN, ROUNTREE, 7ARFMBA A RESOLUTION RATIFYING THE COUNCIL'S APPROVAL OF A MULTI- YEAR IMPLEMENTATION OF WATER AND SEWER RATE ADJUSTMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after performing a through economic multi-year projection model to estimate the necessary rate increases for a one, two, or three year time period; and WHEREAS, after holding public focus group meetings with citizens, property owners, and business owners to discuss the rate increases and multi-year projection model; and WHEREAS, after providing all necessary public notices for increasing fees as required by law; and WHEREAS, on February 18, 2009 and February 19, 2009 the City of Meridian held two town hall meetings open to the public to advertise this increase; and WHEREAS, on February 24, 2009, the City Council of Meridian, held a hearing on the adoption of the Public Works Multi-Year Implementation of Water and Sewer Rate Adjustments as shown by Exhibit "A" and incorporated herein by reference; and WHEREAS, the base water rate will increase by 57¢, the base sewer rate by $1.75, the water usage fee by 20¢ per 1,000 gallons, and the sewer usage fee by $1.12 per 1,000 gallons three separate times beginning Apri120, 2009 and then again by the same amounts on Apri120, 2010 and then again by the same amounts on Apri120, 2011. WHEREAS, Public Works staff shall update and review the multi-year rate projection model prior to the 2010 and 2011 increases to determine if the rate projections are still accurate. WHEREAS, during the period from initial implementation through Apri120, 2011, there shall be no anticipated increases to the base rate or usage fees for water and sewer services. This is not to say that Council could not make modifications for unforeseen circumstances (i.e. law suits, regulatory requirements, regulatory fines, catastrophic system failures, etc.). The City of Meridian shall follow all statutory requirements to implement additional increases above and beyond what is scheduled at this time. PUBLIC WORKS MULTI-YEAR IMPLEMENTATION OF WATER AND SEWER RATE ADJUSTMENTS Page 1 of 2 r~ L WHEREAS, after such hearing, the City Council, by formal motion, did approve said Public Works Multi-Year Implementation of Water and Sewer Rate Adjustments. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Public Works Multi-Year Implementation of Water and Sewer Rate Adjustments are hereby adopted. A copy of the fee schedule is attached as Exhibit "A". Section 2. That the Director of Public Works is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately on the 20~' day of April, 2009. r ADOPTED by the City Council of Meridian, Idaho ~ day of 1 V ! a~l,Ei~. , 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of 2009. APPROVED: MAYOR T de WEERD '% ~ '~% ~?% ~' ~~oR,q AFO 8E1~L _' UGC ~~~ ®\ ,- -ya ~'sr ~s~ • ~~ PUBLIC WORKS MULTI-YEAR IlViPLEMENTATION OF WATER AND SEWER RATE ADJUSTMENTS Page 2 of 2 • EXHIBIT A 2009 PUBLIC WORKS FEE UPDATE PROPOSAL ASSESSMENT FEES Scheduled Upate WASTEWATER Current Pro osed Last U date (Dates listed are anticipated effective date) $2,749.00 No change Oct-07 WATER $1,794.00 No change Oct-07 Pressurize Irrigation Assessment for Secondary Connection $525.00 No change Oct-07 WATER ~ SEW WATER Current Proposed Last U date Scheduled Upate (Dates listed are anticipated effective date) Base (Administrative) Fee $4.24 57¢ Jan-09 April 20 2009, April 20, 2010 and April 20, 2011 Use Charge (per 1000 gallons): $1.46 20¢ Jan-09 April 20 2009, April 20, 2010 and April 20, 2011 WASTEWATER Current Pro osed Base (Administrative Fee): $4.98 $1.75 Jan-09 April 20 2009, April 20, 2010 and April 20, 2011 Use Charge (per 1000 gallons): $3.19 $1.12 Jan-09 April 20 2009, April 20, 2010 and April 20, 2011 MISCELLANEOUS WASTEWATER AND WATER CHARGES Scheduled Upate Wastewater Current Pro osed Last U date (Dates listed are anticipated effective date) Private Sewer System Review $1,000.00 No change Feb-05 By Individual Private Lift Station 08~M agreement No change May-06 Septage Dump per 1000 gallons $48.00 No change May-06 Water Current Pro osed Last U date Meter Adaptor Kit $80.00 No change May-06 Meter MXU Transmitter $85.00 No change May-06 (1) MeterAdaptor Kit $80.00 No change May-06 (2) Meter MXU Transmitter $85.00 No change May-06 (3) Meter MXU for 1 in & larger meters $144.00 No change May-06 3/4 inch meter $146.00 No change May-06 1 inch meter $183.00 No change May-06 1 1/2 inch meter $399.00 No change May-06 2 inch meter $542.00 No change May-06 4 inch turbo meter $2,052.00 No change May-06 4 inch compound $2,884.00 No change May-06 (1) Required on some commercial projects when developer's engineer/architect specifies a larger meter setter than the meter that is initially required. For example, a 2-inch setter is specified and a 2-in meter wil l be used when the project is built out. However, only a 1 1!2-inch meter is initially needed, requiring the adaptor kit the water division presently pays for. (2) Recovers cost of radio read transmitter unit on all new meters set. (3) Recovers full cost of a single MXU unit in situations where two meters cannot share a single meter vauR. MXU units for most residential serve two meters serving two houses. WATER SYSTEM REPAIR FEES Current Proposed Last Update Scheduled U date Private Water System Review $500.00 No change Feb-05 5/8 and 3/4 inch angle valves $15.00 No change May-06 Meter Heads $72.00 No change May-06 5/8 and 3/4 inch meter $119.00 No change May-06 3/4 inch meter $146.00 No change May-06 1 inch meter $183.00 No change May-06 1 1/2 inch meter $399.00 No change May-06 Page 1 of 2 U EXHIBIT A 2 inch meter $542.00 4 inch turbo meter $2,052.00 4 inch compound meter $2,884.00 Padlock $4.35 X43 Meter Head $93.00 Hydrant Meter $1,049.00 2 inch meter valve $79.00 Swivel Adaptor $91.00 1 1/2 to 2 inch Adaptor $80.00 384 Freeze Plates $6.11 Single Port MXU $129.00 Dual Port MXU $150.00 Touch Coupler Extension Cable $16.00 Truck Fee (per trip) $25.00 Equipment (backhoe or dump truck),per hr $25.00 Meter Lockout of Illegal Tum-on $50.00 Hourly Charge, Service Call $35.00 Meter Reinstall Fee (does not include actual Meter) $20.00 Hydrant Meter, Daily Rental $5.00 No change May-06 No change May-06 No change May-06 No change May-06 No change May-06 No change May-06 No change May-06 No change May-06 No change May-06 No change May-06 No change May-06 No change May-06 No change May-06 No change May-06 No change May-06 No change May-06 No change May-06 No change May-06 No change Oct-07 ENGINEERING/ ~Ifes to all subdivision projects and commercial projects with public water or sewer mains abed License Professional Engineer (QLPE) review Current Proposed Last Update subdivisions and commerical projects qualified i requested to go through QLPE review process (1) 250.00 No change Oct-07 per sheet (1) Includes only engineering drawing sheets. Does not include cover sheets, standard detail sheets and standard City notes. City Requirements Page 2 of 2 February 27, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Approve Award of Bid and Contract with ACHD AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • March 3, 2009 ITEM NO. S-~"~ • ~~cEivE~ FEB 2 6 2009 CITY OFCCf~~r~„, CITY CLERKS OFFICE Memo To: Jaycee Holman; Tara Green From: John Boyd, Engineering Tech II jboyd@meridiancity.org Meridian Public Works Departrnent Development Services Division 33 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Clint Dolsby, Kyle Radek, Scott Steckline, Tom Bany Date: 2/26/2009 Re: Proposed Agenda Item for March 3, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the March 3, 2009 City Council agenda, under Consent Agenda, for Council's consideration: Approval of bid for Water and Sewer Improvements in conjunction with the ACHD Split Corridor Phase 1 Project The bid amount for the water and sewer improvements for the overall project is $110,401.40. Including the 5% administrative costs per the ACHD cooperative agreement approved on October 28, 2008, the total amount for the project is $115,921.47. Recommended Council Action: The Public Works Department recommends that City Council approves the bid of $110,401.40 and the administrative costs for ACHD of $5520.07 for a total of $115,921.47 for Water and Sewer Improvements in conjunction with the ACHD Split Corridor Phase 1 Project and authorizes Public Works to go ahead with the project. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 • u Attached is the bid Abstract from ACHD, Executed Agreement for the Construction with ACRD and the City Council Minutes recommending acceptance of the low bid amount to Nampa Paving. The task order is for $46,994. Recommended Council Action: The Public Works Department recommends that City Council approve and sign the Standard Form of Agreement with JUB Engineers for the Ten Mile Road -Franklin Rd to Cheny Lane Improvement Project In Conjunction with ACHD Project Number 504003 project for the amount of $46,994. Thank you for your consideration. Please feel free to contact me if you have any questions. ~~ • Page 2 • AGREEMENT FOR: ROADWAY CONSTRUCTION /SEWER & WATER LINE IMPROVEMENTS MERIDIAN ROAD AND MAIN STREET (PHASE 1 OP SPLIT CORRIDOR} I-$4 TO FRANKLIN ACRD PROJECT N0.506040 THIS AGREEMENT made and entered into this day of , 2008, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WlTNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and casts of constructing the portion of the Split Corridor roadway project south of Franklin Road, including water and sanitary sewer installations, adjustments, relocations, and abandonments as detailed in Project Number 506040, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the water and the sanitary sewer facilities within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities referenced herein; Page 1 of 5 u c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance -with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1-#oot above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one {1 }test per five hundred (500} lineal feet per foot of trench depth; provide ail re-testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required far the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities to be included in the bid documents for the CONTRACT {all work required for the sanitary sewer and water facilities to be performed in conformance with the latest Edition of the Idaho Standards for Public Works Construction (ISPWC} and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT. within thirty-five (35} calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; Page 2 of 5 d. Remit to DISTRICT within thirty-five {35} calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of flue {5) percent of MERIDIAN'S construction costs for all additional costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN `S project costs as they relate to the total project construction costs; Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval wilt be required for any change order work involving the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; Page 3 of 5 e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. All signatories to this Agreement represent and warrant that they have the power to execute #his Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective partjes hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT BY~ ~~~ ~--- J I ci--~-- ~ By: '~ Susan Slaughter William J. Sc weitzer Executive Assistant-++~"""""'~~~,,,~ Director ATTEST: ,,.~~~~~ ~p,~ro y'~%, CITY OF MERIDIAN ~ , EAL ' By: ~ ~ ~~~~~° By: Jay Holm~tj O r ~s~c • .~ ,-~' ~ \ ~ Tammy de Weerd City Clerk +~•~` ~'~'~c4UMY , ~0 Mayor Page 4 of 5 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this t 5~`"I" day of (~ c.~ ~ , 2008, before me, a notary public in and far said state, personally appeared WILLIAM J. SCHWEITZER known to me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,,'~~}~ gLA UC~~~y ~. ~pT AR Y Z~~ .~ ~.. .• ~. . m~ ..~; .. ~ ~~ ~~ Notary Public for Idaho, Residing at ~,,~- ,Idaho My commission expires: 1-4 -fs- Z 6~`} STATE OF IDAHO f'"•°~~ ss. COUNTY OF ADA ) On this ~_9~ day of ~ CMOt+~ 2008, before me, the undersigned, personally appeared TAMMY DEWEERD and JAYCEE HOLMAN, Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my officia! seal the day and year first above written. T~ ~, ` ~ ~, ~ yNo ~ •?,: ;~;` ~ ; ~; s ~ ; .~Ct~ . '~ ~ '~. Notary Public f daho Residing at , Idaho My commission expires: t0-~1~! Page 3 of 5 • February 27, 2Q09 MERIDIAN CITY COUNCIL MEETING March 3, 2009 APPLICANT ITEM NO. S-~ REQUEST Acceptance Agreement for Display of Artwork of Gertrude Hudson in Initial Point Gallery AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See atFached 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 Clty of Meridian. C~ • ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: TERMS AND CONDITIONS OF DISPLAY OF ARTWORK IN INITL~I, POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made this ~ ' y of ~ 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Gertrude Hudson, an individual person whose address is 5038 N. Leather Place, 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 2, 2009 to March 27, 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 azound Mazch 2, 2009 to Mazch 27, 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 Mazch 2, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, forty-four (44) oil paintings, which paintings 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 2, 2009 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Mazch 2, 2009 to Mazch 27, 2009 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork 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. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I Of 6 • • II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display her 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 may be 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, her 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 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. Both parties acknowledge that Artist is not an 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 her artistic talent or expertise. Artist may subcontract or assign obligations that do not require her 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 S Of 6 Artist: Gertrude Hudson 5038 N. Leather Place Boise, Idaho 83713 (208) 376-6339 ajghudson04@msn.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com • C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity. org These persons may change her/its 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 day of , 2009. ARTIST: Gertrude Hudson STATE OF IDAHO ) ss: County of _ ) I HEREBY CERTIFY that on this o~r`_~ day of 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared ~e rEr kd y~~,,1 ~~, known to me to be the person who executed the said instrument, and acknowledged to me,~t'~H'~~~xe,~pted the same. IN WITNE''~ ~ ~;~~=h'~e hereunto set my hand and affixed my official seal, the day and year in this certificate first abo_'V~.°~0dp0°e~,^ ~4''. a - ~ a ~' ~' ~ Notary Public for o 4 %~,,~s, a0, ~~ ~ ~ti ~ ~` Residing at Idaho y~~ a®o@eQfl6~~A° r~4 ` My Commission Expires: ~ '~ ~-i (~ a CITY OF MERIDT~+da~~~~~t~t««"`""~~~~! BY: Tammy ACCEPTANCE AGREEMENT INITIAL POINT' GALLERY DISPLAY \\~I~,Iltllll~ti,«,t yor ,~A rF -~ ? ~ o ~~~~ - ~~ ~~~' Clerk ',, '9® Ust ts~ • Q~0,~ q PAGE 6 of 6 Exhibit A 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 l't 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 macCmeridiancity.org. Materials submitted for consideration cannot be returned. DEADLINE: Alt 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: macCmeridiancity.org • Exhibit B -- - • AAeridian Cc~mrnissic~n Application Ft Acknowledgments: 2U09 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: ~ am submitting this form as an individual artist. ^ I am submitting this form on behalf of an organization. Artist/Org. Name: ~,~{~°~P`~'D~ ~-1I,~l~so~L Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: ~ _- ~~ {mot L.e~he.~°~ ~ 1 ~c~ mot S E o D 431 13 ~~~~ Day:.20 ~ -?~'I 6 - b33~ Evening: a,gnn~ Cell: APPLICATION OVERVIEW: Check one: ^ I/we propose to fill one half of Initial Point Gallery with artwork. I/we propose to fill the entire Initial Point Gallery with artwork. ~ ~ ~ ~ ~" Number of pieces: "4.~. Average size of pieces: t~' `' ~t 9_(`~l ct,;~, ~~ €;ra.u~e sip, ~'~-~~t APPLICATION MATERIALS: ^ Completed, signed Application R Acknowledgements Form ^ Biography of artist or informational statement regarding organization, no longer than one 8~h x 11"page; ^ A letter of intent, describing: a. ArtistlOrganization'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/orgarrization's work en a CD, resolution of 3~ 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 wiU 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. Meridian Arts Commission 2009 Initial Point Gallery Series The group of 44 paintings I am submitting for consideration (one painting in each of Idaho's 44 counties) was done over athree-year period as my husband Jim and I traveled Idaho. I have called the collection "An Idaho Narrative." It was our personal Tour of Discovery. The paintings were done en plein air for the most part, and represent a great experience as we interacted with Idaho and Idahoans. We followed main roads - I wanted the scenes to be typical of each county and recognizable to viewers who know Idaho. Viewers seem to enjoy a vicarious tour of our beautiful state. The paintings are all 12"x16", painted in oil on panel, and have been flamed in 16"x20" frames with liners and filets as shown in the " jpegs." They aze ready to hang with D-rings and wires. This group of paintings is not for sale (I want to keep them together as a collection), but commissions aze accepted The show has traveled to a few locations in Idaho (The Governors Conference on Tourism, Coeur d'Alene; Spori Gallery, Rexburg; Freisen Galleries, Nampa; 8~` Street Center, Buhl), but has not been shown in the Boise -Meridian area. I have a brochure with short write-ups which can accompany the show, or the write-ups can ~ posted with each painting, as desired I also have a map of Idaho with specific painting locations noted that can be displayed. Gerlxude Hudson, Boise - - • GERTRUDE HUDSON -ABOUT THE ARTIST Gertrude Hudson was born in the house her father built in the small prairie town of Raymond, Alberta, Canada, where winters were long and severe, summers hot and carefree, punctuated by spectacular thunder and lightning storms. Growing up, she loved to go out in the storms, in the sun, in the snow, and experience weather's changing moods. She still loves a good storm and lien paintings reflect her love of nature's ever changing kaleidoscope. Interested in art from childhood, her first- grade image of a prairie crocus earned afirst-place ribbon in the local school fair, the first of a number of awards for her art. Being an artist was always her goal. Gertrude graduated from the Provincial Institute of Technology and Art, Calgary, Alberta, Canada., now the Alberta College of Art and Design, where she studied under the foremost Western Canadian landscape painter Illingworth Kerr (now deceased), who painted in the tradition of the Canadian Group of Seven. Kerr became a lifelong friend and mentor. Gertrude has worked to develop a style that is true to her Canadian roots. While studying at the "Tech" under Ken's direction, she painted in mural in the building where she studied art, now the newly restored Heritage Hall, and in the fall of 2005 painted a companion mural in this wane historic building. Gertrude has also studied art at Cosumnes River College, Sacramento, California; BYU, Provo, Utah; BSU, Boise, Idaho; attended several watercolor workshops with Nancy Stonington; and a color workshop with Camille Przewodek. In addition, she obtained a degree in Environmental Design /Architecture from Cosumnes River College, Sabraanento, California. Since moving to Boise in 1983, Gertrude has built a couple of homes, including her own, and designed several others. But her great desire has been to paint Idaho. She has done a series of plein-air paintings featuring each of Idaho's 44 counties, which were shown at the Governor's Conference on Recreation and Tourism, Coeur d'Alene, Idaho, 2003; and as solo shows at BYU's Spori Gallery in Rexburg, Idaho, 2004; and NNU's Friesen Galleries, Nampa, Idaho, 2006. She has participated in the 2003, 2004, 2005, 2006 and 2007 Idaho Paints Idaho exhibits sponsored by the Eagle Rock Art Museum, now The Art Museum of Eastern Idaho, Idaho Fall, Idaho. Previous painting experiences include works done during a year in the Middle East, principally Israel, and a year and a half on the Island of Tarawa in the Republic of Kiribati, formerly the Gilbert Islands, in the Central Pacific. Signature Member - Plein Air Painters of Idaho Boise, Idaho -February 2009 IDAHO PAINTINGS 2000-2002 Idaho Passport Tour Series O1 "THE MAGNIFICENT VALLEY" -- • GERTRUDE HUDSON 12"x16" oil on canvas board BOUNDARY COUNTY A lady named Margaret at the Visitors Center in Bonners Ferry gave us directions to a scenic overlook of the Kootenai Valley. As we were searching for 'the right road we stopped to inquire of some. young men in an SUV and they said, "We'll lead you there." They took us up a long, windy road to a place where the view was spectacular. I rushed to put down the scene as the time I had to paint was short. We had to leave with what I considered an unfinished painting. When I got home and looked at it again, I realized that I liked the loose, sketchy .effect. I couldn't think of a way I would change it or add to it.. 02 "THE RIVER THAT LOORS LIKE A LAKE" BONNER COUNTY Painted at Sandpoint at the eastern parking lot as directed by the lady in the Bonner County Historical Museum. I painted what looked to me to be a lake, but the lady had assured us that it was the Pend Oreille River, at the place where it meets Lake Pend Oreille by the vehicle and train bridges. 03 "THE OLD MISSION AND THE OLD WILLOW" KOOTENAI COUNTY Of course, one must paint the Cataldo Mission, that oldest of historic buildings in Idaho: The view from the upper parking lot was too close and from the lower parking lot the view was blocked by bushes, but we found a spot where the parking entrance meets the perimeter road - beautiful! I had sketched the Mission a few years ago, along with the historic willow just in front of it, and was alarmed to see that now half of the great tree was no longer showing signs of life. Otherwise the scene seemed not to have .changed. 04 "COLORED HOUSES ON THE HILL" SHOSHONE COUNTY We found a spot beside the Court House in Wallace where the colored houses on the tree-covered hill presented an irresistible subject. This was perhaps the most challenging subject of the series, with the viaduct leading to the first street level and the wooden stairs leading up to the next. _. -- • 2 05 "THE ROLLING HILLS" BENEWAH COUNTY Just north of Plummer we found a convenient place to park and paint, to. the left of the Indian Wellness Center. The view was so characteristic of Palouse Country with those ever-rolling hills. Not an angular shape to be seen. 06 "SAFE FROM THE STORM" LATAH COUNTY As we drove south toward Lewiston on Highway 95, I spotted a picturesque little farmyard, with its neat house, barns, and outbuildings, even two horses. The hills behind seemed to give it shelter. And best of all, it was located at the end of a wonderful country lane. When we asked permission to paint their farm, Amy Bader, in keeping with the friendly Idaho tradition, invited us to dinner. The invitation was tempting, but I had a painting to do. It's a good thing I got onto it, too, because the storm came up suddenly. 07 "TEEPEE VILLAGE" NEZ PERCE COUNTY We were travelling on Highway 12 toward Orofino and there was this scene of the teepees across the Clearwater River. The perfect choice of a painting for Nez Perce County. 08 "PRECIOUS WATER" CLEARWATER COUNTY Idaho's precious water is a subject I enjoy painting very much. This creek came bubbling down from the mountains through-the town of Orofino, where other subjects were equally enticing, such as the green bungalow with pink roses growing-beside it on the fence. But the water won out. 09 "THE BLUE HILL FAR AWAY" LEWIS COUNTY The transparent blue of the evening hills one sees in Idaho is such a wonderful color. It is not possible to duplicate it in paint, but I shall keep trying. We found this blue hill on the Camas Prairie. 10 "EVERYTHING WAS SO GREEN" IDAHO COUNTY A view from White Bird summit. The title tells it all. _. • 3 11 "OUR GRAND CANYON" ADAMS COUNTY A great camping trip with our kids gave me the opportunity to do this painting of Hell's Canyon from the campground. It was such a pleasant morning experience. 12 "RIVER BEND" _ VALLEY COUNTY The Payette River glistened. There were lovely tree- reflections in the dark, slow-moving water. I thought, "This is Idaho!" And then I remembered a friend who said, when she found out that we were moving to Idaho, "Why do you want to move to Idaho? They don't even have any trees there!" This bend in the river is just below Smith's Ferry. 13 "TWO HORSES" WASHINGTON COUNTY A scene just north of Weiser. The complementary colors of trees and shrubs were what attracted me. Then I spotted the horses. There were three at first One left. 14 "HOME OF THE BABY BLACKBIRD" PAYETTE COUNTY After getting advice from Lorin and Elaine Fisher of New Plymouth as to where we should paint, we headed toward Horseshoe Bend and found this idyllic scene, which came complete with a little fuzz-ball of a baby blackbird that- scrambled up the bank to check us out. It hunkered down in the shade of the van and stayed for the entire painting session. 15 "THE PATCHWORK HILLS" GEM COUNTY We found a policeman at City Hall in Emmett and asked, "What would you paint around here if you were a painter?" "Well..," he said, "I know where there is the ugliest hill you ever saW." We found the "ugly" hill just south of the Diner on the way to Horseshoe Bend, but I decided not to paint it. Across the road, looking north, was sort of a back view of Squaw Butte seen above a unique patchwork of hill shapes. 16 "GREEN VALLEY" BOISE COUNTY A view of Horseshoe Bend from Summit Road. _. 4 17 "LAST LIGHT" CANYON COUNTY We found this scene northwest of Melba in late afternoon. By the time I finished the painting the last bit of sun was disappearing behind the hills. 18 "PEACEFUL PASTURES" ADA COUNTY Cows in a pasture - a familiar scene. View is from Linder Road, north of Chinden Road, looking toward "the foothills. 19 "TWO TREES" ELMORE COUNTY I was painting near Lucky Peak Reservoir when it started to rain. We were going to pack up and go home, but before leaving we discovered Discovery Park, which we'd never been to before. There were these two trees, one light, one dark. 20 "THE PINK HILLS" OWYHEE COUNTY We had planned to drive to Silver City. We'd never been there and thought it might offer many painting subjects. We god only as far as Murphy when a very threatening sky made us have second thoughts. A local sheriff advised, "Well, you can probably get to Silver City, but I'd plan on staying overnight. It's hard to say what the weather is going to do." So we turned around to come home instead, and just west of Melba were these pink hills beneath the oncoming storm. 21 "EARLY SNOW" LEMHI COUNTY This great view of the Bitterroot Mountains is from a field on the north side of Salmon. The first snows of the year had newly fallen on their peaks. 22 "ONE PEACEFUL DAY AT THE LAKE" CUSTER COUNTY I've painted Red Fish Lake before, but not in oils. I love the drama of the rugged Sawtooths and the light reflecting on the lake's surface. -- 5 23 "WHERE THE CRATERS END" BUTTE COUNTY A beautiful morning breaks over the west end of the Craters of the Moon National Monument. 24 "OCTOBER DAY" BLAINE COUNTY I guess every painter wants to do "Old Baldy" at least once. This was my second attempt. It was such a gorgeous fall day near Dollar Pond. 25 "TAE PURPLE MOUNTAIN" CAMAS COUNTY As we travelled home from Sun Valley, the October sun cast a golden glow over the landscape, making the purple mountain a perfect complement. 26 "THE BUTTES" GOODING COUNTY Painted from the farm of Phil and Marilyn Gossi on the northern outskirts of Hagerman. He kept coming out to check on the painting's progress. We've met the greatest people on this Idaho tour. 27 "VIEW FROM NOTCH BUTTE" LINCOLN COUNTY Acting upon some. very good advice from the locals about a - good painting spot, we drove to the top of Notch. Butte just four miles south of Shoshone. It was indeed a splendid view. 28 "FARM WITH RED BARN" MINIDOKA COUNTY This was my husband Jim's choice. He said, "You've got to paint that barn." And so I did, but not until the next day because I thought it would look best in the morning light. 29 "SNOWY FIELDS" JEROME COUNTY Leaving Clyde Harper-'s farm after a great visit (we knew them when we were in Riribati), we found that while we visited, snow had transformed what had earlier been a golden landscape. Some of the gold remained, contrasting with the soft blue sky. • 6 30 "GOLDEN EVENING" TWIN FALLS COUNTY We weren't sure we were going_to find a good painting spot, and then, as the sun started to set, there it was - the orange sunset behind the dark blue line of hills. 31 "DAWN" _ 'CASSIA COUNTY We found this scene while travelling on the back roads on our way to Burley. We had to return the next morning to paint it. I wanted to be sure to capture the early morning's rosy light that lasts for only a few minutes. 32 "THE VELVET MOUNTAINS" CLARK COUNTY Who would believe that those sagebrush-covered steppes and the rugged mountains would look like velvet. But they did. 33 "TETON MORNING" FREEMONT COUNTY Our good friends Gerald and Donna Overly invited us to spend a few days with them at their cabin near Henry's Lake. I did this painting one morning from the cabin deck. Donna named the painting. 34 "DAY'S WORK ENDED" JEFFERSON COUNTY The farmer who owned this land was just driving away in his pickup when we arrived. He gladly gave his permission to park behind his haystacks to get some shade. 35 "CLOUD HALO" MADISON COUNTY We were headed east toward stop, but this unusual sky the main road and found th. south. I guess of all the is the one I enjoyed doing painted stylistically. the Tetons, not intending to could not be ignored. We left is peaceful scene just to the Idaho scenes in this series, this most. It insisted on being r~ ~~ 7 36 "DARK HILLS" TETON COUNTY Thinking I might paint the Tetons close up I glanced across the road and spotted this scene with the very dark blue-green hills against a pure blue sky, and a lovely salmon-pink rise complementing the dark hills. There was my painting. 37 "TETON NATIONAL FOREST" BONNEVILLE COUNTY But not in Teton County. This is a scene just as you enter Bonneville County, painted from a spot where the road widens around a curve providing a fine overlook. Late afternoon. 3$ "AFTERNOON BY THE RIVER" BINGHAM COUNTY We did a lot of driving before finding this lovely scene by the Snake River near Shelley. 39 "SCRUB JUNIPERS" POWER COUNTY What attracted me to this complex scene were the dull green scrub junipers dotting the river banks. Painted from near the rest stop at Massacre Rocks State Park. 40 "TREE-COVERED HILLS" BANNOCK COUNTY There was a fall chill in the air that afternoon, and as I painted, the scene gradually changed to one with a light misting of snow. Fortunately I had photographed it as I began the painting. I was forced to paint the rest of it after I got home. 41 "MISTY MORNING" CARIBOU COUNTY Mist lingered over the hills most of the morning as I completed this late fall painting. 42 "THE SNOWS ARE COMING" ONEIDA COUNTY The reflections on Weston Reservoir were beautifully clear until the surface of the water was disturbed by the approach of a cool wind, bringing snow. I tried to capture the moment just before the snow arrived. -- • 8 43 "SENSUOUS SCENE" FRANKLIN COUNTY I was attracted first by the row of autumn trees, and then by the sensuous line that wandered down from behind the near hill. All the lines seemed to be softened by the filtered light.. 44 "THE LAZY RIVER" BEAR LAKE COUNTY This is the Bear River Valley above Montpelier in late October, with the first winter snows on the hills. These paintings represent some of the places that my husband Jim and I found to be exciting as we travelled around Idaho. There are endless possibilities. I'd love to hear about fur favorite places. Please call me, or drop me a note. Gertrude Hudson 5038 North Leather Place Boise ID 83713-18b2 208-376-6339 C s C a; C L d } a O L ~ ~ z ~ o ~ a I~ ~Q ~~ ~ °o L N L = W ~ V e. -: -c, h ~%G ~~' ~ ~ 9[M1 Y ~ ~ ~~', t. ~ '~ ~~ i g ,~. °"~'" ~F~, n~,"' ~ y ~~ s ,. ;' p C 1 X74+ ' > G C -0 3 ~ _ .SFr ~ v ~_ - ~~ z ~: ~. {~~ ~~ ,' ~~ ~~• ' ~ ~ ~~ r~ ~~ .f - ,. ~~ s~ ~; ~ '~' ~i ~~ ~ ~` ~~ ~~ ~' ' `~ ~~=-= ~ i Exhibit C __ • ACKNOWLEDGMENTS: I, °~° ' - ~? r .~~ , hereby acknowledge the following stipulations and agree that if my/my organ zation'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, written 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. 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. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the ~ 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 cone- 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 ~ time, at the City's sole discretion. ,~ G. Art work submitted for display in Initial Point Gallery must be original works conceived and created ~ 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 acknawledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. iy Signature: - Print name: ~~ ~GeDE ~./~.{,~5o~j Date: ~'E ~ ~ . ~ C~i a 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! MayorTammy de Weerd City Council Members: Keith Bird 3oe Borton Charles Rountree David Zaremba Gertrude Hudson 5038 N. Leather Place Boise ID 83713 Dear Ms. Hudson, February 26, 2009 On behalf of the City of Meridian, congratulations on the selection of your work for display in Initial Point frallery. Enclosed please find a proposed Acceptance Agreement describing the specific terms and conditions of the display of your work in Meridian City Hall. Please review this document carefully and discuss it with your legal counsel if you wish. If all of the terms set forth in the proposed agreement are acceptable to you, please sign it in the presence of a notary and return the original, notarized dacurnent to me at the address below by 12:04 p.m. (noon} on Tuesday, March 3, 2009. There is a notary in my office; if you would like to utilize that service, please give me a call and we can schedule a time for you to sign the agreement in her presence. If you have any questions or concerns about this proposed agreement, please feel free to contact rne. Thank you for your attention to this matter; I look forward to hearing from you. Sincerely, r~ Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian, Idaho 83642 Phone: (208} 898-SS06 ekane@meridiancity.org City Attorney . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-898-5508 . Fax 208-884-8723 . www.meridiancity.org • ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: TERMS AND CONDITIONS OF DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY BALL ("Agreement"} is made this ,_ day of , 2009 ("Effective Date', by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"}, and Gertrude Hudson, an individual person whose address is S03$ N. Leather Place, 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 Paint 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 2, 2009 to March 27, 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 2, 2009 to March 27, 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 2, 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 forty four (44) watercolor paintings, which paintings 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 2, 2009 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Mazch 2, 2009 to March 27, 2009 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork 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. AcCEPTAidCE AGREEMENT INITW. POINT GALLERY DISPLAY PAGE 1 Of E) II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display her artwork in Initial Paint Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, andlor 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 withintwenty- four {24} hours of such removal. Artist shall coordinate the removal, replacement, and/or substitu#ion 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 andlor the City may inspect andlor 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 maybe 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 anal 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 Ir-itial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 Of 6 v. DISrI,AY. LJ 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, mazketing, 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 far 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, mazketing, and public information, without violation of City's rights of privacy ar 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 may be 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 ofany 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 woxk 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 dispIay(s} in Initial Point Gallery shall be determined by the Gallery Curator. vI. INDEMNIFICATION. WAIVErz, 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, her servants, agents, employees, guests, andlor business invitees. ACCEPTANCE AGREEMENT INITIAL PAINT 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, andlor damage to the ankwork 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. Accsr~rnrrcE AGREEMEtdT it~rrtA[. F'ow~' GALLERY DISPLAY pgog 4 of ~ VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that 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 ar establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an 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 ar 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 unenfoxeeable, the xernainder 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 xequire her artistic talent ox expertise. Artist may subcontract or assign obligations that do not require her 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, Iegal representatives, heirs, executors, and administrators. I. Notice. Any and alI 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: ACCEPTAt~iCE AGREEMEtdT TNTTIAI, PGINT GALLERY DISPLAY PAGE S Of E) Artist: Gertrude Hudson 5038 N. Leather Place Boise, Idaho 83713 (208) 376-6339 ajghudson04@msn.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 {208} 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 {208} $9$-5506 ekane@meridiancity.org These persons may change her/its 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 day of , 2009. ARTIST: Gertrude Hudson STATE OF IDAHO ) ss: County of } I HEREBY CERTIFY that on this day of , 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared ,known to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certifica#e first above written. Notary Public for Idaho Residing at .Idaho My Commission Expires: cITY of MERIDIAN: BY: Attest: Tammy de Weerd, Mayor Jaycee Holman, City Clerk ACCEPTANCE AGREEMENT INFTUIL P01NT GALLERY DISPLAY PAGE 6 of b s • Exhibit A i • ~~ Meridian Commission ~a[[ for Artists: 2009 INITIAL PAINT 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 Paint 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 vn 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 Paint 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 Palley. 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 ft Acknowledgements farm; 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 • X35 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: A!l 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: rnac@meridiancity.org Exhibit B ~°'m @t'1+dBOPI ~dC1fllTilSSi®CI ,Appllta~ion £~ Acknowled~men~s: 2aU9 INIT6AL P®INl' GAl.LERIf SERIES ARTIST/ORGANIZER CONTACT INFORMATIt3N: Check one: ~ am submitting this form as an individual artist ArtistJOrg. Name: Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: ^ I am submitting this form on behalf of an organization. _ - S Aa M ~. ' bay: ~0 8 -3-I b - b33q Evening: ~~.na~ Cell: ------ APPLICATION OVERVIEW: Check one: ^,1/we propose to fill one half of initial Point Gal{ery with artwork. ®'I/we propose to fill the entire Initial Point Gallery with artwotic i ~ ~ t ~,^ Number of pieces: Average size of piece: °' k '~ ct.t ~ ~~e. si~~ ' rya-ed APPLICATION MATERIALS: ^ Completed, signed Application St Acknowledgements Form ' ^ Biography of artist or informational statement regarding organization, na longer than one 8~/x x 1 i" page; ^ A letter of intent, describing: a. ArtistlOrganization's vision for and/or theme of the proposed display; _ b. Number, dimensions, prices, and medium ar media utilized in the works to be displayed; c. Any publicity that the Artist/Organization piers to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. tJp 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.tltle.jpgj. Materials submitted wilt nit be returned. Damaged ornon-compliant CDs and/ar images will not be considered. Images wilt not be accepted via a-mail. ^ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. HANGING INFORA~ATION: 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 far hanging, and clip frames are not allowed. F-iceure FFa~ng wgh Timo Cables t~ictfue Flanging w~h 4?rte Cable 0 Meridian Arts Commission 2009 Initial Point Gallery Series • The group of 44 paintings i am submitting for consideration (one painting in each of Idaho's 9~ counties} was done over athree-year period as my husband Tim and I traveled Idaho. I have called the collection "An Idaho Narrative." It was our personal Tour of Discovery. The paintings were done en plein air for the most part, and represent a great experience as we interacted with Idaho and idahoans. We followed main roads - I wanted the scenes to be typical of each county and recognizable to viewers who lrnow Idaho. Viewers seem to enjoy a vicarious tour of our beautiful state. The paintings are a.U 12"x16", painted in oil on panel, and have been framed in 16"x20" frames with liners and filets as shown in the `ypegs." They are ready to hang with D-rings and wires. This group of paintings is not far sale (I want to keep them together as a collection), but commissions are accepted. The show has traveled to a few locations in Idaho (The Governors Conference on Tourism, Coeur d'Alene; Spori Gallery, Rexburg; Freisen Galleries, Nampa; 8~' Street Center, Buhl}, but has not been shown in the Boise -Meridian area. I have a brochure with shortwrite-ups which can accompany the show, or the write-ups can be posted with each painting, as desired I also have a map of idaho with specif c painting locations noted that can be displayed. Gertrude Hudson, Boise GERTRUDE HUDSON -ABOUT THE ARTIST Gertrude Hudson was born in the house her father built in the small prairie town of Raymond, Alberta, Canada, where winters were long and severe, summers hot and carefree, punctuated by spectacular thunder and lightning storms. Growing up, she loved to go out in the storms, in the sun, in the snow, and experience weather's changing moods. She still loves a good storm and her gaintings reflect her love of nature's ever changing kaleidoscope. Irrterested in art from childhood, her first grade image of a prairie crocus earned a fast place ribbon in the local school faiur, the first of a number of awards for her art. Being an artist was always her goal. Gertrude graduated from the Provincial Institute of Technology and Art, Calgary, Alberta, Canada, now the Alberta College of Art and Design, where she studied under the foremost Western Canadian landscape painter Iilingworth Kerr (now deceased), who painted in the tradition of the Canadian Group of Seven. Kerr became a lifelong friend and mentor. Gertrude has worked to develop a style that is true to her Canadian mots. While studying at the "Tech" under Ken's direction, she painted in mural in the building where she studied art, now t$e newly restored bleritage Hall., and in the fa11 of 2005 painted a companion mural in this same historic building. Gertrude has also studied art at Casumnes River College, Sacramento, California; BYLT, Provo, Utah; BSU, Boise, Idaho; attended several watercolor woxkshaps {t with Nancy Stonington; and a color workshop with Camille Przewodek. In addition, she obtained a degree in Environmental: Design /Architecture from Cosumnes River College, Sacramento, California. Since moving to Boise in 1983, Gertrude has built a couple ofhomes, including her own, and designed several others. But her great desire has been to paint Idaho. She has done a series of plein air paintings featuring each of Idaho's 44 counties, which were shown at the Governor's Conference an Recreation and Touristy, Coeur d'Alene, Idaho, 2003; and as solo shows at BYU's Spari Gallery in Rexburg, Idaho, 2004; and NNEJ's Friesen Galleries, Nampa, Idaho, 2006. She has participated in the 2003, 2004, 2005, 2006 and 2007 Idaho Paints Idaho exhibits sponsored by the Eagle Rock Art Museum, now The Art Museum of Eastern Idaho, Idaho Fall, Idaho. Previous painting experiences include works done during a year in the Middle East, Principally Israel, and a year and a half on the Island of Tarawa in the Republic of Kiribati, formerly the Gilbert Isiands,sn the Central Pacific. Signature Member -- Flein Air Painters of Idaho Boise, Idaho -February 2009 IDAI30 PAINTINGS 2000--2002 Idaho Passport Tour Series 01 "THE MAGNIFICENT VALLEY" GERTRUDE HUDSON 7.2 "x7.6" oil on canvas board BOUNDARY COUNTY A lady named Margaret at the Visitors Center in Bonners Ferry gave us direc-~ions to a scenic overlook of the Rootenai Valley. As we were searching for the right road we stopped to inquire of some. young men in an SUV and they said, "We'll lead you there." They took us up a long, windy road to a place where the view was spectacular. I rushed to put do~r~ the scene as the time I had to paint was short.• We had to 'leave with what I considered an unfinished painting. When I got home and looked at it again, I realized that I liked the loose, sketchy effect. I couldn't think of a way I would change it or add to it.. 02 "THE RIVER THAT LOOKS LIKE A LAKE" BONNER COUNTY Painted at Sandpoint at the eastern parking lot as directed by the lady in the Bonner County Historical Museum. I painted what looked to me to be a lake, but the lady had assured us that it was the Pend Oreille River, at the place where it meets Lake Pend Oreille by the vehicle and train bridges. 03 "THE OLD MISSION AND THE OLD WILLOW" KOOTENAI GOUNTY Of course, one must paint the Cataldo Mission,.that oldest of historic buildings iix Idaho: The view from the upper parking lot was too close and from the lower parking lot the view was blocked by bushes, but we found a spot where the parking entrance meets the perimeter road -- beautiful! I had sketched the Mission a few years ago, clang with the historic willow just in front of it, and was alarmed to see that now half of the great tree was no longer showing signs of life. Otherwise the scene seemed not to have changed. 04 "COLORED HOUSES ON THE HILL" SHOSHONE COUNTY We found a spat beside the Court House in Wallace where the colored houses on the tree-covered hill presented an irresistible subject. This was perhaps the most challenging subject of the series, with the viaduct leading to the first street level and the wooden stairs leading up to the next. 0 2 05 "THE ROLLING HILLS" •. BENEWAH COUNTY Just north of Plummer we found a convenient place to park and paint, to. the left of the Indian Wellness Center. The view was so characteristic of Palouse Country with those ever-rolling hills. Not an angular shape to be seen. 46 "SAFE 'FROM~THE STORM" LATAH COUNTY As we drove south toward Lewiston on Highway 95, I spotted a picturesque little farmyard, with its neat house, barns, and outbuildings, even two horses. The hills behind seemed to give, it shelter. And best of all, it was located at the end of a wonderful country lane. When we asked permission to paint their farm, Amy Bader, in keeping with the friendly Idaho tradition, invited us to dinner. The invitation was tempting, but I had a painting to do. It's a good thing I got onto it, too, because the storm came up suddenly. t?7 "TEEPEE VILLAGE" NEZ PERCE COUNTY We were travelling on Highway 12 toward Orafino and there was this scene of the teepees across the Clearwater River. The perfect choice of a painting for Nez Perce County. { 08 "PRECIOUS WATER" CLEARWATER COUNTY Idaho's precious water is a subject I enjoy painting very much. This creek came bubbling down from the mountains through•the town of Orofino, where other subjects were equally enticing, such as the green bungalow with pink roses growing-•beside it on the fence. But the water won out. 09 "THE BLUE HILL FAR AWAY" LEWIS COUNTY The transparent blue of the evening hills one sees in Idaho is such a wonderful solar. Tt is not possible to duplicate it in paint, but I shall keep trying. We found this blue hill on the Camas Prairie. ' 10 "EVERYTHING WAS SO GREEN" IDAHO COUNTY A view from White Bird summit. The title tells it all. 3 11 "OUR GRAND CANYON" ADAMS COUNTY A great camping trip with our kids gave me the opportunity to do this painting of Hell's Canyon from the campground. It was such a pleasant morning experience. 12 "RIVER BEND" _-VALLEY COUNTY The Payette River glistened. There were lovely tree- reflectians in the dark, slow-moving water. I thought, "This is Idaho!" And then T remembered a friend who said, when she. found out that we were moving to Idaho, "Why do you want to•move to Idaho? They don't even have any trees there!" This bend in the river is just below Smith's Ferry. ].3 "TWO HORSES" WASHINGTON COIINTY A scene just north of Weiser. The complementary colors of trees and shrubs were what attracted me. Then I spotted the horses. There were three at fixst .~ One left. 14 "HOME OF THE BABY BLACKBIRD" PAYETTE COUNTY After getting advice from Lorin and Elaine Fisher of New Plymouth as to where we should paint, we headed toward Horseshoe Bend and found this idyllic scene, which came complete with a little fuzz-ball of a baby blackbird that. scrambled up the baulk to check us out.• It hunkered down in the shade of the van and stayed for the entire painting ' session. 15 "THE PATCHWORK HILLS" GEM COUNTY We found a policeman at City Hall in Emmett and asked, "What would you paint around here if you were a painter?" "Well..," he said, "~C know where there is the ugliest hill you ever sa~,t." We found the "ugly" hill just south of the Diner on the way to Horseshoe Bend, but I decided not to paint it. Across the road, looking north, was sort of a back view of Squaw Butte seen above a unique patchwork of hill shapes. l.6 "GREEN VALLEY" BOISE COUNTY A view of Horseshoe Bend from Summit Road. o • 17 "LAST LIGHT" CANYON COUNTY We found this scene northwest of Melba in late afternoon. By the time I finished the painting the last bit of sun was disappearing behind the hi11s. 18 "PEACEFUL PASTURES" ADA COUNTY Cows in a pasture - a familiar scene. View is from Linder Road, north of Chinden Road, looking toward the foothills. 19 "TWO TREES" ELMORE COUNTY I was painting near Lucky Peak Reservoir when it started to rain. We were going to pack up and go home, but before leaving we discoverer) Discovery Park, which we'd never been to before. There were these two trees, one ,light, one dark. 20 "THE PINK HILLS" OWYHEE COUNTY We had planned to drive to Silver City. We'd never been there and thought it might offer mangy painting subjects. We gat only as far as Murphy when a very threatening sky made us have second thoughts. A local sheriff advised, "We11, you can probably get to Silver City, but I'd plan~on staying overnight.. It's hard to say what the weather is going to do." So we turned around to come home instead, and just west of Melba were these pink hills beneath the oncoming storm. 21 "EARLY SNOW" LEMHI COUNTY This great view of the Bitterroot Mountains is from afield on the north side of Salmon. The first snows of the year had newly fallen on their peaks. 2~ "ONE PEACEFUL DAY AT THE LAKE" CUSTER COUNTY ~4, I've painted Red Fish Lake before, but not in oils. I love the drama of the rugged Sawtooths and the light reflecting on the lake's surface. • 5 23 "WF3ERE THE CRATERS END" BUTTE COUNTY A beautiful morning breaks over the west end of the Craters of the Moon National Monument. 24 "OCTOBER DAY" ELAINE COUNTY I guess every painter wants to do "01d Baldy"-at least once. This was my second attempt. It was such a gorgeous fall day near Dollar Pond. 25 "TgE.PURPLE MOUNTAIN" CAMAS COUNTY As we travelled home from Sun Valle, the October sun cast a golden glow aver the landscape, making the purple mountain a perfect complement. 26 "THE BUTTES" GOODING COUNTY Painted from the farm of Phil and Marilyn Gossi on the northern outskirts of Hagerman. He kept coming out to check on the painting's progress. We've met the greatest people on this Idaho tour. 27 "VIEW FROM NOTCH BUTTE" LINCOLN COUNTY Acting upon some very good advice from the locals about a - good painting spot, we drove to the tap of Notch Butte just four miles south of Shoshone. It was indeed a splendid view. 28 "FARM WITH RED BARN" MINIDOKA COUNTY This was my husband Jim's choice. He said, "You've got to paint that barn." And so I did, but not until the next day because I thought it would look best in the morning light. 29 "SNOWY FIELDS" JEROME COUNTY Leaving Clyde Harper-`s farm after a great visit (we knew them when we were_in Kiribati), we found that while we visited, snow had transformed what had earlier been a golden landscape. Some of the gold remained, contrasting with the soft blue sky. b 30 "GOLDEN EVENING" TWIN FALLS COUNTY We weren't sure we were going. to find a good painting spot, ~~ and then, as the sun started to set, there it was - the orange sunset behind the dark blue line of hills. 31 "DAWN" We found this scene our way to Burley. paint it. I wanted morning's 'rosy ligh- _ CASSIA COUNTY . while travelling an the back roads on We had to return the next morning to to be sure to capture the early t that lasts for only a few minutes. 32 "THE VELVET MOUNTAINS" CLARK COUNTY Wha would believe that thane sagebrush-covered steppes and the rugged mountains would look like velvet. But they did. 33 "TETON MORNING" FREEMONT COUNTY Our good friends Gerald and Donna Overly invited us to spend ~a.few days with them at their cabin near Henry's Lake. I did this painting one morning from the cabin deck. Donna named the painting. . 34 "DAY'S WORK ENDED'" JEFFERSON COUNTY The farmer who owned this land was just driving away in his pickup when we arrived. He gladly gave his permission to park behind his haystacks to get some shade. 35 "CLOUD HALO" MADISON COUNTY We were hea~.ed east toward the Tetons, not intending to stop, but this unusual sky could not be ignored. We left the main road and found this peaceful scene just to the south. I guess of all the Idaho scenes in this series, this is the one I enjoyed doing mast. It insisted on being painted stylistically. • 7 36 "DARK HILLS" TETON COUNTY Thinking I might paint the Tetons close up I glanced across the road and spotted this scene with the very dark blue--green hills against a pure blue sky, and a lovely salmon-pink rise complementing the dark hills. There was my painting. 37 "TETON NATIONAL FOREST" BONNEVILLE COUNTY But not in Teton County. This is a scene just as you enter Bonneville Gounty, painted from a spot where the road widens around.a curtre providing a fine overlook. Late afternoon. 33 "AFTERNOON BY THE RIVER" BINGBAM COUNTY We did a lot of driving before finding this lovely scene by the Snake River near Shelley. 39 "SCRUB JUNIPERS" POWER COUNTY What attracted me to this complex scene were the dull green scrub junipers dotting the river banks. Painted from near the rest stop at Massacre Racks State Park. 40 "TREE-COVERED HILLS" BANNOCK COUNTY There was a fall chill in the air that afternoon, and as I painted, the scene gradually changed to one with a light misting of snow. Fortunately I had photographed it as I began the painting. I was forced to paint the rest of it after T got home. 41 "MISTY MORNING" CARIBOU COUNTY Mist lingered aver the hills most of the morning as T completed this late fall painting. 42 "THE SNOWS ARE COMING" ONEIDA COUNTY The reflections on Weston Reservoir were beautifully clear until the surface of the water was disturbed by the appioach of a cool wind, bringing snow. I tried to capture the moment just before the snow arrived. 43 "SENSUOUS SCENE" FRANKLIN GOUNTY I was attracted first by the row of autumn trees, and then ' by the sensuous line that wandered dawn from behind the near hill. All the lines seemed to be softened by the filtered light. 44 "THE LAZY RIVER" BEAR LAKE COUNTY ' This is the Bear River Valley above Montpelier in late October, with the first winter snows on the hills. ,,. These paintings repxesent some of the places that my husband f= Jim and I found to be exciting as we travelled around Idaho. There are endless possibilities. I'd love to hear about r~ou~r favorite places. Please call me, or drop me a note. Gertrude Hudson 5038 North Leather Place Boise ID 83713-1662 208-376-6339 o ~ c 0 N N a ._ ~~ ~- .. Z 0 ~; [/`I `/ N ~.i... /\~ 1 ~i~ ~a~ ~~ ~~~ '~ ~ ~ !{ ~'- ~ ~ , I ~, ~~ ~ ~°~`z ~. ~ `~~ ~~_~~ a12 ~ ~, ,- ~~p, ~, ~.,. ~ ~,. I I J ~ ~ ~ ~~' ~~ A~- - - ~ __ :5 r. ~ ~ . [}k} Vi. E ~~~~ ~ ~ ~I `` F I F. { ~ r ~fl ' ~; ~ 3~ S. s r ~^~~ ` _ ~ rv ;n_ S ~~, x ~ ~ ft- h ~-•~ ~~. ~ ~~ - ri I j ~~ t ,( r' ,~ s v , , f ~ l 1~, o • Exhibit C ACKIdOWLEDGMEtdTS: %r , i,~'~~"~~~~~ ~°~"~V~~, hereby acfmow[edge the fallowing stipulations and agree that if mylmy 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 beset forth in a separate, written 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. 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 al! artwork displayed in Initial point Gallery, but cannot and will not assume liability for any loss or damage. ~~ C. Any insurance of the art work displayed in Initial Point Gallery shalt be the sole responsibility of the 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 Inttiai Point Gallery may have a visible price tag. ~~' E. White it is intended that each exhibit in Initial Point Gallery will be displayed for aone- to fiwo-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 Irnltial Poirrt Gallery at any 'u' time, at the City's sole discretion. ~ G. Art work submitted for display in Initial Point Gallery must be orlgina! works conceived and created by the artist {or by artist members of the organization) submitting this application. ~ H. Meridian City Hall is primarily a piece of public business and initial Point Gattery is a public place. The i4~' 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 Catl for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. .~ Signature: ~ Print name• ~~RT~uo~ ,o~(~.{©sonr Date: -~E B ~ . '2.0 ©cJ To propose an exhibition in Initial Paint Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Irritial Point Gallery 33 East Broadway McHdian ID 83542 Thank yvu for your interestI O i February 27, 2~9 Department Report MERIDIAN CITY COUNCIL MEETING March 3, 2~9 APPLICANT Clerks Office ITEM NO. 6-A-~ REQUEST Discussion of Joint Meeting with Ada County Agenda Items 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: Emaiied: Staff Initials: Materials presented at pubNc meetings shAll become properly of the city of Meridian. • Page 1 of 1 Jaycee Holman From: Dee Mahaffey-Oldham [doldham@adaweb.net] Sent: Tuesday, March 03, 2009 3:11 PM To: Jaycee Holman Subject: RE: Agenda Items for Joint Meeting w/City of Meridian Hi Jacyee -the commissioners would like the Annexation of the 10 Mile Property listed as our item for the meeting agendn. Do you all have any items yet? Thank you! Dee From: Jaycee Holman [mailto:jholman@meridiancity.org] Sent: Monday, March 02, 2009 2:31 PM To: BOCC Cc: Jaycee Holman Subject: Agenda Items for Joint Meeting w/ City of Meridian Dee and Sue, Our Council will be discussing possible Agenda items for the Joint Meeting on March 9th at tomorrow night's City Council Meeting. Could you find out from your Commissioners if there are any particular topics/items they would like to discuss? Thank you. Jaycee L. Holman City Clerk City of Meridian ~~~ 3/3/2009 Tara Green From: Sent: To: Subject: Jaycee L. Holman City Clerk City of Meridian Jaycee Holman Tuesday, March 03, 2009 4:00 PM Tara Green FW: Ada County Joint Meeting Topic From: Robert Simison Sent: Tuesday, March 03, 2009 3:59 PM To: Jaycee Holman Subject: RE: Ada County Joint Meeting Topic `Kentucky Ridge/Meridian Heights 1 Title IX Revisions Z Planned Community Revisions as Initiated by Ada County 3 From: Jaycee Holman Sent: Tuesday, March 03, 2009 3:50 PM To: Robert Simison Subject: Task Completed: Ada County Joint Meeting Topic Jaycee L. Holman City Clerk City of Meridian Subject: Ada County Joint Meeting Topic Status: Completed "/o Complete: 100% Date completed: Tue 3/3/2009 Total work: 0 hours Actual work: 0 hours Requested by: Robert Simison Ta ~' ~. ~ V C~ ~~/`' ~1 ~~ 71S1~1~~ ~~~ I will add this to the list of possible meeting topics for the 3/3 CC Meeting. ------------ For the next joint meeting please have a discussion topic of "Coordinating Capital Plans for Fire/EMS" 1 CIS C~ February 27, 2~9 Department Report MERIDIAN CITY COUNCIL MEETING March 3, 2~9 APPLICANT Legai Department ITEM NO. 6-8-1 REQUEST Update on Meridian Heights /Kentucky Ridge Request for Service 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: M®teri®Is presented At pt~b~c meetings still i-e~ame ~r®~rfy ~# the city of Meridian. Page 1 of 1 Jaycee Holman From: Clint Dolsby Sent: Tuesday, March 03, 2009 5:43 PM To: Jaycee Holman Subject: FW: Meridian Heights/Kentucky Ridge From: Tom Barry Sent: Tuesday, March 03, 2009 5:25 PM To: Brad Hoaglun; Charlie Rountree; David Zaremba; Keith Bird; Tammy de Weerd Cc: Bill Nary; Peter Friedman; Clint Dolsby; SWest@centraconsulting.com Subject: Meridian Heights/Kentucky Ridge Please be advised that Steve West, representative for Meridian Heights/Kentucky Ridge, has requested postponement of Agenda Item 6B1, originally scheduled for tonight's Council Meeting, to next week's Council Meeting on March 10. 3/3/2009 • February 27, 2009 Department Report MERIDIAN CITY COUNCIL MEETING March 3, 2009 APPLICANT Purchasing Department ITEM NO. 6-C-1 REC~UEST Status of did Pretest with MetroQuip 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: Mgtedels presented ®1 ~lic meetings shaq be~gme ~r~erty 9f the slty s+f Meridign. ~- METROQUII® ~.. -- Madam Mayor and Councilmen; Environmental Equipment Solis PO Box 858 / 1953 E Commercial Meridian, ID 83680-0858 Ph: 20&344-3318 Fax: 20&345-5931 www.metroguip.net I would like to thank you for allowing me the time to speak to you. I am taking this opportunity to express my concern as a resident of Meridian and a businessman of Meridian. I have been a resident of Meridian since 1996. "The company I work for (MetroQuip, Inc.), which I have vested interest in, is located in Meridian. I would like to call your attention to the "Values" stated on the City of Meridian's website: Customer Service We will respond to customers in a genuine, positive, and timely manner. Interactions will be solution-oriented, where staffmeets and exceeds expectations by listening to customers and following through on their concerns. Accountability We understand our role in the organizational team, know our jobs, and accept that each of us is responsible for our own work, choices, and actions. Respect We will be trustworthy and courteous. We honor and accept people with diverse opinions and backgrounds. Excellence We will be professional beyond the parameters of our job while being creative, innovative, flexible and adaptable to community needs. Care We provide our best for the community we serve. We will provide quality service to our customers and positive development of our staff that promotes and expects accountability, respect and excellence. Also, I would like to call attention to the mission of the Purchasing Dept. The mission of the Purchasing Impartment is to provide contract management, and procurement services through competitive public bidding to obtain maximum value for the tax dollar and to provide service to all City of Meridian departments and the public in a timely, courteous and ethical manner Similaz missions relative to their duties aze expressed in the Wastewater Dept and the Public Works Dept. I assume the City takes these statements seriously and thus my concern. METR~QUIP ~~ ~ .._.~, Environmental Equipment Sol PO Box 858 / 1953 E Commercial Meridian, ID 8368Q-0858 Ph: 208-344-3318 Fax: 208-345-5931 www.metroquip.net Last week the council awazded a bid for a combination sewer cleaner truck to Lake City International. It was a consent item on the agenda, so I am not sure of your knowledge of all the bid proposals submitted. I feel the recommendation to the council and the decision to awazd this bid was highly irresponsible and not representative of the values and missions as stated by the city. First, the statement that the City and the Purchasing department will respond to customers in genuine, positive and timely matters; this is simply not true with regazd to this bid. We (MetroQuip) were asked to bring a truck into the City for demonsh~ation, as were other companies. We did so, gladly, under the impression it would be a fair opportunity for all. With very positive feedback from those involved with the demonstration, we felt confident we would have a good opportunity to earn the city's business, especially being a local company. Upon publication of the bid specifications, this was not accurate. The bid specifications were quite proprietary. We were a bit discouraged as was one of the other competitors on the bid. But, we still wanted to pursue the bid and did so. We submitted our bid with exceptions and were $46,375 lower than the awarded bid. Knowing that we were the low bidder but had exceptions we asked the purchasing manager if there would be discussion regarding the exceptions prior to the award. We also asked that he notify us for the date the decision would be presented to council. We made repeated attempts to contact Mr. Watts, with regazd to the bid status, but to no avail. We received a request to submit clarifications to some of our exceptions which had to be returned by a certain time and date; we met the request. We left several messages following our submittal to verify he received them and received no notification or verification. Afterwazds, we called and e-mailed several more times over the next few weeks seeking any update on the status of the bid and the date it would be sent to council. We received no response in any form after repeated attempts. The idea that the City or the Purchasing Dept would be courteous, timely and ethical is wavering in my mind. Second, I would like to address the idea that the purchasing dept and the city plan to obtain maximum value of the tax dollaz. Let us look at this scenario. You have accepted a bid for $46,375 dollars higher than that of MetroQuip's. All bias aside, the Vactor product we submitted is plainly superior and is accepted as such in the entire market place. It is the most up to date, proven and supported product on the market. Primarily, the Vactor was less expensive. Next, it would have a higher resale value than the com~titor at any time should the city decide to trade it in for a new unit in the years to come. And my final point with regard to the value; the contractor that currently performs the City's line maintenance, and has for 4-5 years, uses Vactor exclusively. There is no question that the unit we proposed would have fulfilled the City's need. It already has through this contractor. Therefore, from the onset of this deal the City is in a negative value position with this decision. You have accepted the highest bid, plan to receive a machine of lesser market value and one with less support. Even if you look at all these bucks in their most basic concept (sewer line cleaning, catch basin and lift station maintenance), brand aside, why would you spend almost 15% more? Environmental Equipment Sol METR~QUIP PO Box 858 / 1953 E Commercial Meridian, ID 83680-0858 Ph: 208-344-3318 Fax: 208-345931 www.metroquip.net Third, you spent the taxpayers' dollars outside of Meridian when there was an opportunity to keep the business local and with better value in the purchase. Lake City is a good company and we have done business with them. They have a location in Boise, but are headquartered in Salt Lake City, UT. Camel is located in Wisconsin and the closest dealer is in Portland. We aze located here. We have the most experienced technicians in the Northwest. Our service manager has almost 20 years experience with this type of equipment. We have a full equipment dealership right down the block from this building. Who is in the area to take care of the Camel? There isn't a service facility, parts wazehouse, salesman, etc...within 400 miles. Lake City is a truck dealer, and a good one, but their experience with this type of equipment is limited at best. This is not fiscal responsibility with our tax dollars. This is absolutely inconsiderate of your taxpayers. You could have turned almost $270,000 back into this economy, while saving $46,375. Where could that savings have gone? Are there not some pretty expensive projects on the list for the wastewater division? Why not offset some of the cost for the capital equipment in those jobs or reallocate those funds into the operating costs of the facility to offset wages?- My idea was not to come here and roast the council and madam mayor, but to mainly inform you of some information of which you were potentially unawaze. My family and I love living in Meridian and our business enjoys it as well. We care. We did everything we could to keep informed of the status of the deal and expected the courtesy of an honest opportunity and being informed. Unfortunately, this was not the case. The values stated by the city with regard to its treatment of customers and its duty for financial responsibility fell short. This is a serious point of concern especially given today's economic climate. We will continue to work to earn the City's business when the opportunities arise. We have a lot to offer the city in many of its public works divisions and we serve almost every city in Idaho in some aspect. We just hope in the firture the values and missions of the city aze truly exercised. Thank you for your time and patience. Regazds, ~~- ~~~ `~ ~~C C Jason Sever Brad M Sales Manager Presi ent ~J COMMENTS February 27, 2009 Department Report MERIDIAN CITY COUNCIL MEETING March 3, 2009 APPLICANT Purchasing Department ITEM NO. 6-C-2 REQUEST ABM Janitorial ~~dgeted contract Amendment No, 1 for ~l ,5~.~ AGENCY CITY CLERK: C{TY 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: S~~ ~Ftached • Date: Phone: Emailed: Staf# Initials: Mg#~eiais ~res~nP~~ ct pu6di~ me~Hngs shell ~c~uvte pe®~~ety ®f fhe G(ty of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT C~ BUDGETED CONTRACT AMENDMENT N0.01 PROJECT NO. CH-06-001 DATE: 11/11/08 EFFECTIVE DATE: CONTRACTOR: ABM Janitoltial PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documer>ts and Plans. Description: Incorporate revisions per Additional Exterior Cleaning Work ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME Reason for Budgeted Contract Amendment: Additional scope or revisions per Itsted Additional Work A hments: Change Items d ri 11/3108, with contractor quotes CHAN IN CONT CT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $13,900.00 Original Contract Times: Substant~l Completion 8!28/08 Net changes form previous Budgeted Contrail Amendment: Net changes form previous Budgeted Contract Amendment: No. 00 to 40 No._ to _ (calendar days) None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contrail Amendment: (calendar days or date) $13,900.00 8/2s/zooe Net Increase (desresca) of this Budgeted Conrtrail Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $1,538.00 None Contract Price with a-i Approved Budgeted Contreil Contract Times with all Approved Budgeted Contract Amendment: Amendment: (calendar days) $15,438.00 Substantial Completion 8/28!2008 RECOMMENDED: (CONSTRUCTIO GER) ACCEPTED: (CONTRACTOR) Petra Inc. ABM Janitorial By: Thomas R. Co ghlin By: John Lyon Date: `r ~~ Date: , , O APPROVED: (CnY PURCHA ING GENT) COUNCIL APPROVAL / By: Kefth Watts ~ - ~ - pZ~Q< < uu,.yJ~ Date. ~ © `r' Date: ~~~~ ~Q ~~i~ APPROVE,~~ D% ATTESC=~ ORq)tt` By: Mayor Tammy de By: City Clerk, Jaycee Holman S ~.tp ~ ~ Date: r1A Date: 3 ~' ' (~ ~ ~~. s i~~~i' ~ilN1`~ ~ ~~~t~~ AI~i~ 323-4500 BOI5E, IDAHO • CHANGE ORDER )~~~an~D No.oooo~ NOV 1 4 p00B 1047 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: Additional Exterior Cleaning DATE: 11/3/2008 PR07ECT: Meridian City Hall 70B: 060675 TO: Attn: John Lyon CONTRACT NO: 51 ABM Janitorial 10221 West Emerald Ste.120 Boise, ID 83704 Phone: 377-8181 Fax: 377-8183 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price hate Amount Amount 00001 Additlonal Exterior Cleaning- Extra work on windows and building exterior to 1.000 LS $1,538.00 0.00% $0.00 $1,538.00 wash off blowing dirt and hardwater stains. ABM e-mail 10/28/08 Unit Cost: $1,538.00 Unlt Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: _$0.00 Total: $1,538.00 The Original Contract Sum was ................................................................................................. $13,900.00 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $13,900.00 The Contract Sum Will be Increased ................................................................................... $1,538.00 The New Contract Sum Including This Change Order ...................................................... $15,438.00 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore is ..,r,- ......................... ACCEPTED: ABM Janitori ~-- Petra Incorporated LCA Ar hitects, P By: sy: ~- By: ohn Lyon Tom ou 1ir Ste a Christensen Date. ~ `j~ Ld g Date: ~~ ~~ Date: ~~ J' o a ~ EcpetGtion ® -~ CJ MERIDIAN CITY HALL PROJECT NO: CH-06-001 ABM -Phase 3 (b1) CHANGE ORDER NO 1 CHANGE ORDER ITEMS LJ 11 /03/08 - - Additional Exterior Cleaning 1,538.00 Extra work on windows and building exterior to wash off blowing dirt and hardwater stains ABM e-mail 10/2$/08 1,538.00 Memo To: Jaycee Holman, City Clerk fFr~ Keith Watts, Purchasing Agent ~ Tara Gruen, Stacy iGichenmann, Gene t3ennett h]atte+ 2/26/09 Rer March 3 Cky Couna'I Meeting Agenda Item The Purchases Department r+espedfully requests that the following item be paced on the March 3, 2~ Cit~- Councll Agenda Department Reports for CouncxTs consideration. Mu~iple Budgeted Contr~t Amendmerds for the New City Hall Building ABM Janitorial -Budgeted Conhad Amendment No.1- $1,538.00 - Contractor Initiates. Alpha Masonry - ~tdgeted Contract Arra~dment Pb. 2 - P~za - $5,188.Q0 - Arc:hi~ctlContraetor initiated. Axelsen Conde - Budgeted Contract Amendment No 3 - $3.127.00 - O~amer/ r Init~@ed Changes Sunshine Budgeted Contrail Amendment No 2 -$32,670.00 -ACRD /Archibed/Coniractor Initietied. Recommended Council Action: Approve Muhiple Change Orders for additional woNc for a Nat TaaExce~ amounts ilstsd mire for a t~l amount of $2,473.0®and authorize tie Mayor to sign and City Clerk to at1~t. Thank you for your c~r~sideration. CITY OF MERIDIAN 33 EAST IDAHO MERlDU1N, ID 83642 BUDGETED CONTRACT AMENDAAENT BUDGETED CONTRACT AMENDMENT N0.07 PROJECT NO. CH-06-001 DATE: 11N 1/08 EFFECTIVE DATE: CONTRACTOR: ABM JanltoNal PROJECT: MERIDIAN CRY HALL -Phase 3 Tarrant Improvements The Contractor Is hereby directed to make fire following changes from the Contract Documents attd Plana. Descrlptkm: incorporate naWsions per Addiflorrel F~ador Cl~ting WoHc ALL OTHER TERMS AND CONDrnON3 REMAIN THE SAME. Reason for Budgeted Corrtract Amemimsrr>+ Additional sc~ ~ rsvistor>al per I~ted AdtBdonal Work manta: Change Items 11f3J08, with contractor quotes CHAN IN CO CT PRICE CHANGE IN CONTRACT TIMES: Original Contract Price $13,900.00 original contrail rrcnes: sulxtamial completion 8/28108 Net changes Corm previous Budged Contrail A~rtdment Net il~anges form previous Budgeted Contract Amendment: No. 00 to 00 No._ to _ (calendar days) None Contract Price Prior to this Budgeted Contract Amendn-er>C Contrail Times prior to this ~tdgeted Contract Amendrrcent (calendar days or date) $13,900.00 8/28/20 Net Increase (despaaae) of this Budgeted Contrail Amendment Net Increase {decrease) of this Budgeted Contract Amendmerd: (calendar days w date) $1,53$.00 None Contrail Price with aU Approved Budgeted Corrtract Contrail Times with all Approved Budgeted Contrail Amendment Amendment: (calerMar days) 576,438.00 ~ Su~taritla) Completion 8128/2008 RECOk)NiENDED: (~NSTRUC GER) ACCEPTED: (CONTRACTOR) Petra Inc. ~ r ABM Janitorial By: Thames R. Co ghgn By: John Lyon Date: ~~ ~, Date: , / Q APPROVED: (CITY Pt1RC NG GENT) COUNCIL APPROVAL By: KeBtt Watt Date: ~ _ P --? .. ®Gl Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By. City Clerk, Jaycee Holman Date: per; 1097 N. ROSARIO S'NREET • MERIDIAN, ID 83642 • i410NE: (20B) 37.3500 • FAX: (Z~) 323-4507 TITLE: Additional Exterior Craning DATE: 11/3/2008 .. PROJECT: Meridian City Hail JOB: 0675 TO; Attn: John Lyon CONTRACT NO: 51 ABM Janitorial 10221 West Emerald Ste.120 Boise, ID 83704 Phone: 377-8181 Fax: 377-8183 RE: To: From: Number DESCRIPTION OF CHANGE **AII taxes are includ~l (n ~** Tax Tax Net iiem Descri'ipbion Quan~i Units Unit Prtoa Rabe Amount Amain 00001 Additional Exterior Qeaning- Extra v~lc m1 windows and fadldir~ exterior to 1.000 LS $1,538.00 0.00°k $0.00 $1,538. wash off glowing dirt acrd hardwaber stalra. A8M e-rnap 1o/2s/o8 Unit CosD $1,538.Q0 Unit Tax: $0.00 Lump Sum: $11.00 Lump Tax: ;0.00 0.0% GC 1rariwp: $0.00 Total: $1,538.00 ... The Original Contract Sum was .. ............................................................................................ $13,900. Net Change by Previously Autltori~l Requests and CI1~nges ................................................ $0.00 The Contract Sum Prior to This Mange Omer was ...................................................... $13,900.00 The Contract Sum Mill be Ir ........................„......................................o.............. $1,538.00 The New Contract Sum Including This Change Order ...................................................... $15,438.00 The Contract Time tAhlll Not Be Cltanged ................................................................................. The Date of Sulr~ail Completion ~ of this Mange Order Therefore ie ..~, ......................... ACCEPTED: ABM Janitori Petra Ineorpbrati By' - ~~ BY• _____~ ohn Lyo T~ Date. ~~/t~/~f ~ _ Date: ~/ E~pedidon ® -~ 1.CA A hitects, P ... B3,~ Ste}}~ Christensen Date: 111f,~t~~ MERIDIAN CITY HALL PROJECT NO: CH-06-Q01 ABM -Phase 3 (89) CHANGE ORDER NO 1 11/03/08 CHANGE ORDER ITEMS Additional Exterior Cleaning Extra work on windows and binding exterior to wash off blowing dirt and haniwater stains ABM e-mai110/28/08 1,538.00 1,538.00 • February 27, 2009 Department Report MERIDIAN CITY COUNCIL MEETING March 3, 2009 APPLICANT Purchasing Department ITEM NO. 6°C-$ REQUEST Alpha Masonry Budgeted Contract Amendment No. 2 for ~5,19~.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: Contacted: Emailed: S@~ ~ftach~d Date: Phone: _ Staff Initials: Materials preseruted ®t p~ti~ meetings si~il b®s~srrse ~re~eriy of the City ®f AAeridi~n. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.02 PROJECT NO. CH-06-001 DATE: 11/17/08 EFFECTIVE DATE: CONTRACTOR: ALPHA MASONRY PROJEGT: 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: Incorponste revisions per A5t#168, RFI#193 8 Mtsc. Changes ALL OTHER TERMS AND CONDIT70NS REMAIN THE SAME. Reason for Budgeted Contract Amendmen: Additional scope or revisions per listed ASI, RFl, & Changes Attach ents: Change hems d cription, dated11N0/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $194,585.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. QO to 01 No._ to _ {calendar days} $6,398.00 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contrail Amendment: (Calendar days or date) $200,983.00 s/2812oos Net Increase {deereesel of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $5,198.00 None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: ( dar days) $206,181.00 ttstantlal Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION CCEPTED: (coNTRACTO } Petra Inc. ~pha Masonry _ /'~._' By: Thomas R. Coughlin GzZ By: Daryl Coleman a/Y' Date: `/ 2~ Date: ~~ 2 APPROVED: (cnY P I AGE COUNC L APPROVAL ~ By: Keith Watts ```ll{tllHtllllll/r!/ ~ _ ~ _ ~`~ ``~i~` ~+-~ Date: _ 1 ~ .. v ~ Date: ~.~G~~. +y APPROVED: (C ~I ~ G ~ ' ATTEST: t ~ ~ ~ " By: Mayor Tam m y d e r ~ ' By: City Cierk, Jaycee Holman Date: - Date: 3 ~ (p - Q y y °. :' ~r~~ V I\ It - '''''''~~Illl (11111 Iiltlli~\I1,`~~~` 4~'" ~O VCi ~wl CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83842 BUDGETED CONTRACT AlM~NDMENT BIJDGETEb C~tTRACT AMEPtDMEWF N0.02 PROJECT NO. CH-0B-001 DATE: 11N7~ EFFECTNE BATE: The Contractor Is hereby dtn3chad to make the fotlotedng ctmrrges irora ttre Contras Documer~ arrd Plans. ~scNpttorr. Incorporate dons p~ ASI#ltiti, RFIIg193 ~ tic. Ctreng~ ALL OTHER TERA9S ANA CONDRIONS REA~11N T'HE SASE. Reason for Budged Contract Aerern$n~rt AddNionai scope or revfaiorrs per Ik~tsd ASb RFI. & Chances AttaohrAerds: Change tietns dgsc~p8an, date~dt1110~8, wltlt eoiriaracta~ grro~ CHANDE IN CONTRACT PRICE: CFIANt3E IN CONTRACT TIMESc Original Contract Prlce $194,585.80 Origtrrel Contrail Times: 5ubstrSnUa! Compk~tion tU28/08 Net changes torrn previous Budget~i Contract Amendment Net changes form previous Budgeted Contrast Amerrdmerrt: No. QD to 09 No._ to _ (calendar days) $6,398.08 Norte Prig Prior to the Budgeted Contrail Amendment: '(Net Increase (tleenseae) of the Budgeted Corltracd Amandrnent: ($5,198.08 Tknes Prime to this Budgeted Contract Amendment ialrec*date) t~ Increa~ (decrease) of this Btaigefed Contract Amendm~-t I (~~) Norte ( ~) $208,181.00 Compltation 8/28/2008 RECOMMENDED: (cotisTRUCTION ~ CCEPTED: (~o ) Petra Ire. Alpha Masonry G _/'~~~ By: Thamaa R CoughliGn By: Daryl Coleman 'viYY' coca: `~ 2~ °ata: // APPROVED: (CITY ~ AtiE COUNC APPROVAL By: i{eIN1 Watt t f ~ Date: _ ! ~ C./ ~. : (~~ - TTEST: tylayor Tammy de Weerd Ctty Clerk, Jaycee Holman 1097 N. R~ARIO STREET • MERIDIAN, ID 63642 • PFIONE: (208) 3234500 • FAX: (2D8) 323507 TITLE: ASI, RFI & Misc. Changes Phase IV DATE: lull/20Q8 PRO]ECT: Meridian City Hall ~B: 060675 TO: Attn: [?aryl Coleman CONTRACT NO: 41 Alpha Masonry 2645 5. Suisstatton Rd Emmett, ID 83617 Phane:208-365-1367 Fax: 208-~5 RE: To: From: Number. DESt'RIPTION OF CHAN©E **AII taxes are lncJuded in oasts** Tax Tax Net Ian D~ription Qrtmntiiy Unit unit Prloe Rate a nxaa<t amount ~- 00001 ASi~156 Plaza Water Feature dents (i~#Q4)- Irtstaq t~kic vt 1.000 LS $2,812.00 O.OOQlo 5.00 $2,612.00 around wars at troth ~Y pots. A•pha DFA dated 10(6j08 (~1733.00~ Flun~h rtew cap stone at canal water featuue for rewmtc at wlers. Alpha DFA dated 10/16/ ($1079.00) OD002 r ~~ ~ Main entry canopy anua:d st~l mss. Alpha DFA dates 1.~0 LS $C~.OO o.00°Yo ~.~ $600. 00003 RFi#193 Provide s~ cap art canal water f~rue t in I~ of perimeter rap 1.000 LS $2t~.00 0.00°ro $0.00 $260.00 stones. A~tei DFA dated 8/17)08 00004 Provide t~tt on exp~1 vradl on amt end of rxr~ water feature, pet- 1.000 is $1,526. 0.00°k $0.00 $1,526.00 Landscape Arch lnstrrtctlons, not shown on drawings. Alpha DFA dated 8/24Jt~ unit cosy #s,i9a.oo Unit Tax: ~t0.00 Lump Sum: $0.00 Lump Tax: #0.00 o.o~ cc mariap: ~o.ao Thal: X5,198.00 ._~__ ~ .~ The Original C011t~rCt ~m was ......\...M ....................R..^R..............,...,,...........,,.,,..,.,,...,......,,,,.. fii194,585.~ Net (~tatnge by Previausht Autltorized Requests arKl Changes ................................................ $6,398.00 'The Contract Sum Prior to- This Change Order was ...................................................... $200,983.00 71~e Contract Sum Will be Irtcreased ................................................................................... X5,198.00 The New Contrast Sum Incluadring This Change Or+der .......„........„ ................................... ;206,181.00 The W„Y~ Thttte ••~il N~ 8e Changed o.wouu.anp.usouunu.a,,.wuuuu.,,nowou.uauo,..wuor The Date Of Sul>etantial Completion 8S Qf this Chattg@ Order Ther~re is ... ~,........b .............. ACCEPTED: Alpha M ry Daryl Coleman Date: /~~~e~O ~ tsxpedhton Petra BY~ " Tom in /J Date: ~/ Q (/ arCA ArSh' Steve Christen~n Date: ~~ ~t?a ~ C ~' MERIDIAN CITY HALL PROJECT NO: CH-08-001 ALPHA AAASONRY INC -Phase 4 (41) 11!10/08 CHANGE ORDER NO 2 CHANGE ORDER ITEMS 1 ASI 156 Plaza Water Feature adjustrnents (COR~04) 2,812.00 Install brick veneer around weirs at both entry pools 1,733.00 Alpha DFA dated 10/8/08 Furnish new cap sfione at canal weber feature 1,079.00 far rework at wears. Alpha DFA dated 10/16/08 Alpha DFA dated 10/16/08 2 InfiA brick at Main entry canopy around steel members 800.00 Alpha DFA dated 8124/08 3 RFI 193 Provide solid capon canal water feature tower in 2g0.~ lieu of perimeter cap stones. Alpha DFA dated 8/17/08 4 Provide brick on exposed wall on west end of canal water 1,526.00 feature, per Landscape Arch instrucc0ons,not shown on drawings. Alpha DFA darted 8/24/08 5,198.00 Page 1 of 1 • • February 27, 2009 Department Report MERIDIA>'J CIT'i COUNCit MEETING march ~, 2t309 APPLICANT Purchasing Department ITEM NO. b-C-4 6~EC~UEST Axeisen Concrete Eudgeted ~ontr®ct Amendment No. 3 f®r $3,127. 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 S~~ afit~ched Contacted: Date: Phone: Emailed: S4ar'r' Inifiials: pRaterials presented at public meetings shag bae pr®p~r ~f fh~ cNy ~f Merin. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.03 PROJECT NO. CH-06-001 DATE: 11/17/08 EFFECTIVE DATE: CONTRACTOR: AXELSEN CONCRETE 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 revisions per ASI's 125,137,158 & Misc. Chang ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Addt'I scope or revisions per listed ASI's 8 Misc. Changes Attachments: Change Items d c ' ti d 11M2108 with contract r quotes .. CHAN IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: 011glnal COntraCt Price $296,200.00 original Contract Times: Substantial Completion 8128/08 Net changes form previous Budgeted Contrail Amendment: Net changes form previous Budgeted Contract Amendment: No. 00 to 02 No._ to _ (calendar days) $21,195.00 None Contract Price Prior to this Budgeted Contract Amendment: Contact Times prior to this Budgeted Contrail Amendment: (calendar days or date) $317,395.00 8rz81z0o8 Net Increase (dewase) of this Budgeted Contract Amendment Net Increase (decrease) of this Budgeted Contrail Amendment: (calendar days or date) $s,127.ao None Contract Price with ell Approved Budgeted Contract Contract Times with all Approved Budgeted Contrail Amendment Amendment: (calendar days) $320,522.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION R) ACCEPTED: (CONTRACTOR) Petra Inc. `' ~c~ Axelsen Concrete Construction By: Thomas R. C ghpn By: Paul Axelsen Date: „i Da // / `3' 1~ APPROVED: (cnY P I AGEN COUNC ROYAL y B :Keith Watts ti«-tu urrr~~~~'i 3 - 3 --~. ~ Data: _ ~G-~ Date: ,,~~ ~~ ~y~%, ,, ,~ APPROVED: (CITY - - ATTEST: ~ / 'x ~`'"`=' SQL By: Mayor ammy de a By: City Clerk, Jaycee Hojnan Date• 3 ~~' Date' 3 -{D '~~~~''q~UNT`{t„~~P`~~. Ott CHANGE ORDER No. 00003 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-450 TITLE: ASI & Misc Changes- Phase N DATE: 11/12/2008 PRO]ECT: Meridian City Hall ]OB: 060675 TO: Attn: Paul Axelsen Axelsen Concrete Construction, LLC 4640 Hemlock Way Nampa, ID 83687 Phone: 208-466-5620 Fax: 208-466-7895 RE: To: DESCRIPTION OF CHANGE **All taxes are Included in costs** CONTRACT NO: 48 From: Number: item Description .sa 00001 ASI#125 Plaza Gkxk Relocation (COR#03)- Form & pour dock footing and pedestal. Axelsen DFA dated 9/25/08 00002 ASI#137 Curb & Sidewalk Elevations- Broadway & Meridian RD. Grout two light pole base, grades rake after pole bases poured. Axelsen DFA dated 10/16/08 ,..~ 00003 ASI#156 Water Feature Adjustments (COR#OS)- Adjust weir openings per Landscape Architect wmments to Improve flow. Axelsen DFA dated 10/14-10/I6/08 .;-> 00004 Place three flagpole base footings. Bases not included in swpe. Axelsen DFA dated 10/2/08 00005 Additional sacking on building foundation walls due to grade being lowered at city request. Axelsen DFA 00006 Sack light pole bases, 28 large bases and 12 small bases, B/C Tri-State. Axelsen DFA ~, 00007 Replace sidewalk at SE comer of the building. Replace section damaged by larxlspper during construction. Axelsen DFA dated 10/17/08 00008 Replace section of plaza paving at North end of the canal due to Tight pole base being out of plumb due to damage by earthwork contractor. Axelsen DFA dated 10/1/08 Tax Tax I~et Quantity Units Unit Price Rate Amount Amount 1.000 i5 $218.00 0.00% $0.00 $218.00 1.000 LS $90.00 0.00% $0.00 $90.00 1.000 l.5 $766.00 0.00% $0.00 $766.00 1.000 LS $750.00 0.00% $0.00 $750.00 1.00o Ls $z2o.oo o.oo°io $o.oo $220.00 1.000 LS $400.00 0.00% $0.00 $400.00 1.000 LS $375.00 0.00% $0.00 $375.00 1.000 LS $308.00 0.00% $0.00 $308.00 Unit Cost: $3,127.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $3,127.00 The Original Contract Sum was ................................................................................................. $296,200.00 Net Change by Previously Authorized Requests and Changes ................................................ $21,193.00 The Contract Sum Prior to This Change Order was ...................................................... $317,395.00 The Contract Sum Will be Increased ................................................................................... $3,127.00 The New Contract Sum Including This Change Order ...................................................... $320,522.00 The Contract Time Will Not Be Changed .......................................................,.~........................ The Date of Substantial Completion as of this Change Order ThereL9re is ..1.~ ........................ ACCEPTED: Axelsen Concrete Co str c ion, LLC Petra Incorporate LCA Ar itects, By: c°~ By: ey: Paul Axelsen T Co Tin Steve/ Christensen Date: d~'~~•.~ ~-- Date: ~ l *~ Qg` Date: ~~ l l ~ L a ~j Epedition • • MERIDIAN CITY HALL PROJECT NO: CH-06-001 AXELSEN CONCRETE (48) -Phase IV Plaza CHANGE ORDER NO 3 CHANGE ORDER ITEMS 11/12/08 1 ASI 125 Plaza Clock Relocation (COR#03) $ 218 Form & pour clock footing and pedestal Axelsen DFA dated 9/25/08 2 ASI 137 Curb & Sidewalk Elevation8 -Broadway & Meridian RD $ 90 Grout two light pole base, grades raise after pole bases poured. Axelsen DFA dated 10/16!08 3 ASI 156 Water Feature Adjustments (COR#08) $ 766 Adjust weir openings per Landscape Architect comments to improve flow. Axelsen DFA dated 10!14-10/16/08 4 Place three flagpole base footings, Bases not included in scope $ 750 Axelsen DFA dated 10/2/08 5 Additional sacking on building foundation walls due to grade $ 220 being lowered at city request. Axelsen DFA 6 Sack light pole bases, 28 large bases and 12 small bases, $ 400 B/C Tri-state. Axelsen DFA 7 Replace sidewalk at SE comer of the building. Replace $ 375 section damaged by by landscaper during construction Axelsen DFA dated 10/17/08 8 Replace section of plaza paving at North end of the canes $ 308 due to light pole base being out of plumb due to damage by earthwork contractor. Axelsen DFA dated 10/1/08 $ 3,127 Page 1 of 1 • 4~""'~' ~I 25 'Ud '7.'LU~lt1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN. ID 83542 BU~ETED CONTRACT AAAENQIAENT BUDGETED CONTRACT AMENDMENT NO.03 PROJECT Na. CH~6-001 DATE: 11H7l~ EFFECTIi/E DATE: CONTRACTOR: AXELSEN CONCRETE PROJECT: MERIDIAN CITYHALL -Phase 4 Plaza & Stye Improvement The Co~rtractor is hereby directed to make the following chartgsa irara the Contract Doctar-enbs and Plate. ~scrtption: irrcorporafie revlsiorts per ASI's 928,137.155 8 AAI~. Changes ALL OTHER TERH)S AND CONDITIONS REMAIN THE SAAiE. Reason for Budgeted Contract Amendment>» AddCl scope or revlsiorw per tlsted A3Ps 81NIsc. Changes Attac merrCs: Change Items 11MZtd8 with contra r quotes C E IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Of1ginal ContfaCt Price $296,2D0.00 Original Contract Times: Substardfal Completmn 8128/08 Nat dlanges farm previous Budgei~t Contned AmendmerH: Net charms form previous Budgeted Contras Amendrrrent: Na QO to 02 ~,_ ~ _ ( ~) $21,195.Q0 None Contract Price Prier to this Budgeted Contract Amendment: Cantrac~ Times prior to this Budgeted Contrail Amendment: (calms days a date) $317,395.00 ~gp2008 Net increase () of this Budgeted Contrard Amendment.• Net Increase (decrease) of the Budgeted Contrail Amraldment: (rsler~ar dare or date) $3,127.00 None Contrail Price with aH Approved Budgeted Contract Cordrad Times with all Approved Budgeted Contract Amendment: ndment (der days) g320,522•QO Sub~rttlal Completion 8 RECOMMENDED: (CONSTRUCTION ) CCEPTED: -(CONTRACTQR) Petra Inc. f> lc~- Axelsen Concrete Construc~on By: Thomas R. lin By: Paui Axetsen Date: ~ ®~ APPROVED: {CITY I AaE COUNCI ROVAL By: Ke~h Watts Date: - lG -~ Dam: APPROVED: (Cn'Y) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: per; CHANGE ORQER 1047 N. ROSr4RI0 STREET • MERIDIAN, ID 83642 • PHONE (208) 323-45~ • FN(: (208) 323-4~~'~+d TO: Attn: Paul Axelsen Axelsen Concrete Construction, LLC 4640 Hemlock Way Nampa, ID 83687 Phone:208-466-5620 Fax:208-466-T895 RE: To: DESCRIPTION OF CHANGE **AN taxes are included in costs** CONTRACT NO: From: Item Description i 00001 AS#125 ~ Clack location (COR~03} Form & pour dads tmiing and pedesCdl. Axe~f DFA dated 9/25/08 00002 ASI#137 Curb & Sfderr~k det-atiorer Rnadwety & r~ridian RD. Grout two Iight pole base, grades raise after pate bases poured. Axetsen DFA dated 10/16/08 .~ 00003 ASI~156 water Feabue Adjustrnents (COR#08} Admit weir ap~ings per Lendsmpe Ard~Ct oommerrts to lrr~rotre fiatiu. AxeLsen DFA dated 10/1410/16/08 ,.r~ 00004 Plane three flagpole t-ase 1 Bases not included in scope. Axetsen DFA dated 30/2/08 00005 Additional sadcir~g on bui~rsg foundation walls due do grade being lowered at dty reque~. Axon DFA 00006 Sadt light pole tk~s, 28 large bases and 12 mall ~, B/C TH--Stag Axetsen DFA ,~, 00007 Replace ~dewaik at SE oamer of the building. Rep~ce motion damaged by larniscaper during eorutrucdon. Axelsen DFA dated 10/17/08 00008 R~lace seztion of plaza paWng at North end of fire ~ due to tight pole base t-ettr~ out of plumb due to damage by earthwork contrachor. Axel~n DFA dated 10/1/~ Number: 48 Tax Tax Net Quantiti- Ueii:s unit Price Rate JUnount anamnt l.ooo is $21a.oo o. $o.oo $zis.~ 1.000 LS $~.~ 0.0090 ~.~ $x.00 1.0~ LS $766.00 0.00% $0.00 $766.00 1.000 LS $750.00 0.0090 $0.00 $750.00 1.000 LS $220.00 O.OQ°!o $0-~ $220.00 1.000 LS $4.00 0.0090 $0.00 $4.00 1.000 LS $375.00 0.00°10 $0.00 $375.00 1.000 LS $3.00 0.0090 x.00 $308.00 Unit Cosh I~3,127.00 Unit Tax: X0.00 Lump Sum: I~0.00 Lump Tax: #0.00 0.~lo DC markup: ;~ Total: $3,127.00 The Original Contract Sum was Y..Y..1.Y..Y...l...........p..Y..!!l......1.Y...Y,.pl..l.,...!l.Y.........l.l,...Y.... $296,200.00 Net Change by PrevNusiy Authorized Requests and Changes .Y.......Y...Y.......Y ...................... $21,195.00 Tim Conk act Sum Prior bo This Change Order was ................Y............Y......,.........Y.... $317,395.00 The Contract Sum Will be Incr+eased .....,...Y............Y..Y ................Y,...........Y...Y...........Y.... #3,127.00 The New Contract Sum including This Change Order ...Y..Y.......Y....:.......Y...........Y...Y.... $320,522.00 The Contract Time Will Not Be Changed ...Y ...............Y......................Y.......................... .. . The Date of Substattbial Compt~ion as of tlirls Change Order Theref~r+e is .l~ .............Y......... ACCEPTED: AxeLsen Concrete C t ion, LLC Petra Incorporate LCA Ar itects, ~~ ~~ ~' a~ au( Axelsen Ta Co Rhlin Steve// Christensen Date: /`~.~"'~~' Date: ®y d ~ ~~ Date: 11 6 l ~6 0 E~pe~t~+ TITLE; ASI & Mist Changes- Phase N DATE: 11/12f2Q08 PRO]ECT: Meridian City Hall ]OB: 06t>575 MERIDfAN CITY HALL PROJECT NO: CH-OB-001 AJCEL9EN CONCRETE (48) - Phae~e IV Plaza 11/12/08 CHANGE ORDER NO 3 CHANGE ORDER ITEMS .~~ 1 ASI ~ 125 Plaza Clods Relocation (COR#03) $ 218 Form & pour clock footing and pedestal Axelsen DFA dated 9x25/08 2 ASI 137 Curb & Sidewalk Elevations -Broadway 8 Meridian RD $ 90 Grout two light pole base, grades raise after pole bases poured. Axeisen DFA dated 10H 8108 3 ASI 158 Water Feature Adjustments (COR#08) $ 7~ Adjust weir opening per t.ar~lscape Architect commerrts to improve flow. Axelsen DFA dated 10/1410/96/08 4 Plate thr~ flagpole base footings, Bases not included in scope $ 750 Axelsen DFA dated 10/2/08 5 Additlorml sacking on building foundatlon walls due to grade $ 220 being lowered at city request. Axelsen DFA 8 Sack IIgM pole bases, 28 large bases and 12 smaA bases, $ 400 B/C Tri-state. Axelsen DFA 7 Replace sktewaik at SE comer of the building. Replace $ 375 section darraiged by by landscaper during oonstruc~n Axelsen DFA dated 10/17/08 8 Replace sedion of plaza paving at North end of the canal $ 308 due to ~gM pole base beir~ out of plumb due to damage by earthwork contractor. Axelsen DFA dated 10/1/08 $ 3,127 Page 1 of 1 February 27, 2009 Department Report MERIDIAN CITY COUNCIL MEETING March 3, 2009 APPLICANT Purchasing Department ITEM NO. 6-C-Jr REQUEST Sunshine Landscape Budgeted Contract Amendment No. 2 for $32,610 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Gaill~ g•ur• ~ o JvrIV CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 02 PROJECT NO. CH-0G-001 DATE: 1 2/3/08 EFFECTIVE DATE: CONTRACTOR: Sunshine Landscape PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza & Site Improvement The Contractor !s hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions perASl's x'111 8c #112 & RFl #212 AI.L OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI's 8 RFP Attachme :Change order Items description, dated 8J281~, with contractor U~ CHANGE IN ONTRACT PRICE: CH GE IN CONTRACT TIMES: Original Contract Price $199,678.75 Original Contract Times: Substantial Completion 8/28!08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 0 No._ to _ (calendar days) X65.00 None Contract Price Prior to this Change Order. Contract Times prior to this Change Order. (calendar days or date) $200,343.75 8r~s/loos Net Increase (douse) of this Change Order. Nat Inczease (decxease) of this Change Order. (calendar days or data) $32,610.00 None Contract Price vrith all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $232,953.75 Substantial Completion 8/28/2008 RECOMMENDED: {CONSTRUCTION MANAG CCEPTEp: (CONTRACTOR) Petra Inc. Sunshine Landscape r- By: Thomas R. Coughlin ~y: ~~ g~• Q Date: .ate: APPROVED: {CITY PURCHASI COUNCIL APPROVAL / By: Keith Watts ~ Date: _, , ,- rt r,rrr~f, Date: "`' ~ J - APPR D• ' ATT'E$T: '~ ~ ~~~~ ` \J ~~0 By: May r Tammy eerd , y: City Clerk, Jayc a Ho$nan ~ Date: 3 „ ~ 7~ e ~ Date: ~ _ ~ ~. ~~ $]~AL 's ~o '''~~~~rirrrtiiirel~lttit~~\~``\ 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & RFP Pridng- Phase IV PROJECT: Meridian City Hall DATE: 12/3/2008 70B: Q60675 TO: Attu; Levi Baired CONTRACT NO: 40 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: CTTYMER Number:00001 0,~3SCR~PT~~N OF;~H~1NG~, ~ ~ .: ~ _ **Aii taxes are included in costs** _._ _ _ - Tax _Tax Net , Zte1n Dasc~ip~On. _ " .. ~ Quaitt~ihr ~'l~nits. Unit±P.riae Rate ..Amount Antaunt ti/ 00001 ASI#111 Stairs & Walk (COR#02). Boulder retaining wall at sides of path from 1.000 LS $2,197.00 0.00% $0.00 $2,197.00 stair exiling NW wmer' of the txsiiding, approximately 35,000 Ibs. Sunshine Invoice #328753 dated 9/25/08 00002 RFI#212 Zamzows Drainage and Retaining Wap. Build keystone retaining wall 1A00 along east property pne adjoining Zamzaw's, approximately 500 LF, 2~' H. Sunshine invoice #28929 dated 10/31/08 ($11,906.00) and Sunshine invoice #28964 dated 11/24/08 {$4,400.00) ,/ Ot1003 Landscape Rode on West side. Use landscape rock in lieu of hark on the west 1.000 skle of the lwi~ing per Qty request. Sun~Une invoice #28920 datied 10/31/08 00004 Provide and iratap top sop for the Plaza area. Sun~ine irnoice#28833 dated 1.000 10/21/08 00005 ASI#112 Plaza Qvil - AQiD comments (COR#03). Relocate sprinkler main out 1.000 of future ROW on Meridian Road per AQiD request Une had to be moved from Wine wtth the tree wells >p east of the sidewalk. Sun~ine quote dated 11/17/08 LS $16,306.00 0.00% $0.00 $16,306.00 LS $965.00 0.00°k $0.00 $965:00 LS $2,255.00 0.00% $0.00 $2,255.00 LS $10,7.00 0.009/0 $0.00 $10,887.00 Ps/cQA F'OR.~,o-r- " i C~ ADD 'TOP 50 ~t- Unit Cost: $32,610.00 Tf3 OtLtCpt~t~+.tP~.. t311~ ~ ~ Lump Sum: $ O,Oq Lump Tax: $0.00 O.0% GC markup: _0.00 Total: $32,610.00 The Origins! Contract Sum was ................................................................................................. $199,678.75 Net Change by Previously Authorized Requests and Changes ................................................ $665,00 The Contract Sum Prior to This Change Order was ...................................................... $200,343.75 The Contract Sum Will be Increased ................................. .................................................. $32,610.00 The New Contract Sum including This Change Order .... .................................................. $232,953.75 The Contract Time Wili Not Be Changed ............................... ......................... ................. The Date of Substantial Completion as of this Change Order Therefsre is ..,~ .~ ...................... ACCEPTED: Sunshine L.andscape~.. Petra Incorporated LCA A hitects, P i Bel Om u ~ Steve Christensen Date: !L ~ / 0~ ~ Date: f?, r ./ Date: Fi Z. ~ ~j p ~( ` ;a„ ® ~~1' • IIII~RIDIAN CITY HALL PROJECT NO: CH-06-001 SUNSHINE LANDSCAPING -Phase 4 (40) CHANGE ORDER NO 2 11/25/08 CHANGE ORDER ITEMS 1 ASI 111 Exit Stairs ~ Walk (COR#02) 2,197.00 Boulder retaining wall at sides of path from stair exiting NW comer of the building, approx 35,000 Lbs Sunshine invoice #28753, date 9/25 2 RFI 212 Zamzows Drainage 8 Retaining Wall Build keystone retaining wall along east property line adjoining Zamzow's, approx 500 IF, 2-4' H. Sunshine invaice 28929, dated 10/31/08 11,906.00 Sunshine invoice 28964, dated 11/24/08 4,400.00 16,306.00 3 Landscape Rock on West Side 965.00 Use landscape rock in lieu of bark on the west side of the building per City request Sunshine invoice #28920, dated 10/31 4 Provide 8 install topsoil for the Plaza area. 2,255.00 Sunshine invoice #28833, dated 10/21/08 5 ASI 112 Plaza Civil -ACRD Comments (COR~'03) 10,887.00 Relocate sprinkler main out of future ROW on Meridian RD per ACRD request. Line had to be move from inline with the tree wells to easy of the sidewalk. Sunshine quote 11/17 32,610.00 Page 1 of 1 cITY of MIEY2IDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER No. 02 PRO~CT NO. CH-46-007 DATE: 1?J3/08 Ef'FECTIVE DATE CONTRACTOR: Sur~hlne Landsca~ PROJECT: MERIDIAN CRY HALL -Phase 4 Plaza & Site Improvement Tire Cantracbor ~ h~rebp dlnetdad to make the following dtangea from the Corrbact ~crrrrlertis ara! Phms. DescHptlat: Incorporate revisions per ASI's d'111 & d'112 8 RFI ff212 ALL OTHER Tt AND CONDTiYON$ REMAIN THE SAME Reason far Chance Order: Additiorrel sawpe or revisiorre per ASPS & RFP Attar : Change order lbma descripdon, dated t92Bl08, with cot actor CHAN®E IN NTRACT PRICE: C E tN CONTR/-CT TIMES: Original Contract Price $199,678.75 Orlgtnai Contrail T'mres: Substarrtial Completion tt/28/08 Net changes form previous Change Orders Net charm form previous Change Orders X5.00 Nona Contact Price Prbr to the Change Order ConNad Times prior to ~b Charge Omer. (calsndardayrs ordBte) $200,343.75 ~ Net Inrxesse (~elerraase) of the Change Order. Net Incxease (decrease) of this Change Order. (ml~tdardays ordate) $32,610.00 ~~ Contract Prlrre wRh aq Approved Change OMers: Contrail Times with a8 Approved Charge Orders (esler~deordays) $Z32,9bi.7b Substantial Completion 8/28/2048 RECOA~NDED: (CONSTRUCTION CCEPTED: (CONTRACTOR) Petra Inc. Sunshine Lan ape; ~ By: Thomas R. Coughlin Q Date: APPROVED: (Crl1f RUR COLJNClL APPROVAL t3y: Keith Wads Date: ® Date: (C~l - ATTEST: 8y: ilAayor Tammy de Ward t3y: Cdy Clerk, Jayoee Holman ate: paw. 1097 N. R06J1R10 S7RttT • Ni~IAM. ID 83642 + t4~ Cam) 323~5~ • FA1(: (208 323-4507 TITLE: ASI & RFP Prying- Phase iV PR07ECT: Meridlan (Sly Haq TO: Attn: Levi Bab~ed DATE: 12J3J2~8 ]OB: Ob~TS CONTRACT NO: 40 Sunshine Landscape rrl~i: Po eox n4 plly~ 85D E. r-t ~. Meridian, ID 83f>$D Pha~ne: ii~-sew,so3s ra~c ~~s-sss-~ni RE: ~ Ta: SUNSiAtVD From: C[7YN~R Number. ~1 BAR ~~ ~~ u ~A,l~,l in ~,:, - - r _` :. Yom. `- ~: ~ ~ ~~ ~q 'tom" c ' ,. ~ .c6.a._ ,.. .. ~ yy,~ ~~~~ .. a ~yy..~ ~ f 00001 ~ 111 2 1.000 LS $2,197.OD 0.0096 $0.00 $2,197.00 twpding, 35,p~ ~, ~ (11N corner of invdoe #328753 dated 9j25J~ 00002 REt#212 Zanta0WM5 and Rstantrtg Weft. ~ loeyst~e rete~dng tAl~ 1.~0 lS $16,306.00 0.0096 $0.00 $16,306.00 ebn9 east f Me ZaliFEOIAI'S, 500 lf, 2.4' H. S'VnSi1Me dnroloe 828929 domed 10/31/08 {$11,~-00) ~ hn-otoe #28%4 defied l!/24JQ8 ($4.400.0 ~/' 00003 Lame Rotk on West side. lice ~tx~ape rodt ~ lieu of bark on tits t~5t L~ LS $965.00 0.0096 x.00 $966.00 of the tNi~'Ig Per' CAy ullrotae #28920 dated 10/31/ 00004 and [reolC ~ sa0 for the P~ ~. Sur>si~e 6~ae828833 dated L000 LS $2,255.OD 0.0096 $0.00 $2,2§5.00 10/210 00005 A5I8112 Pleta Civil - AQiD aonrrtertCs (mtt803j. Relordfie main out 1.000 l5 $10,887.00 0.0096 x.00 $10,887.00 ~ tUture Rl~iY On Mlt Road per ACHD rem lute had fiD be moNed from WUie ta0tt the tree wBUs Zo easy ~` late sldewa0c. Sw'etdr-e qucR9e dated 11/17/06 ~L CQ P1 ~®~l i~ D °`T'O P a o ~!- UnR Cow ;32,61®.~ '~'~ ®RIC~t~\~ ~ \~ ~ Unit Tax: ~.~ Lump Stan. .~ Lump Tax: ~.QO 0.0% GC markup: Total: #32,61®.t51 ~• ~ ~/~•~/~ ~y~ The Original rY..YIYW. ~ i~i.~ ..p...... M.. .M .t p N N... p ..Y.....\.M .. ........\M.f.Y..p\..N\\ii..iW.p..p.......p y .~i~t~71~.75 y -p J. ~~ .{~. p ~. ~ ~ R ~~ Change by y Auk _ __'-'" ___ a..Y ~i .M.\.ON.P...t...Y.......I.NR..N...Y..1. .~ The Cortbact Sum Prior fio Ttr fsCh ange Ordrar was f..f..p..fa..a..N.tA.NNi.p...L\.WiN.\..1Mq j200„343. 7 5 / ~ ~ ~ The W~~Y YVL ~m ~ ll be NwW ~M ...N.p..M.N..NN...N..N.... ...Y..M......Y......f.M...p..b...p..q.t.. / ~/ ~ .~2~1®.~/{r p ~ T~ ~ N YY... Th~ ~~~ ...p l..p.i.M....1M..t.......1M..Y...p..tl...{ •~~zj~53.75 ~~- ^~~- ``~~y~~~~ JR^e~a /~• Th® M~..YYM TYS.Y ~ NYC l~ ~n~ M.M...fMO1..pMWIYH.pM.p.f.tl.\MgM...A./R...Y.ttlMO...MM.. MERIDIAN CITY HALL PROJECT NO: CH-x-001 SUNSHINE LANDSCAPING -Phase 4 (40) CHANGE ORDER NO 2 CHANGE ORDER ITEMS 11/25/08 1 ASI 111 Exit S~Irs S Welk {COR#02) 2,197.00 ~ukler natairiu~ wail ett sides of nth from stair exiting NW corned of the twAd'mg, approx 35,000 Lbs Sunshine itnroice ~'t8753, date 9/25 2 RFI 212 Zamzows a 8~ Retaining Wall Build keystone retaini~ waA aku~g east property line adding Zemzori+rs, approx 5001F, 2-4' H. Sunshine invoice 28929, dated 10f31/~ 11,908.00 Sunshine invoice 28984, dated 11/241 4,400.00 18,306.00 3 Landscape Rock on West Side 96.5.00 Use landscape rock in lieu of hark on the west side of the i~uiiding per City neauest Sunshine invoice 1f28920, defied 1013f 4 Provide 8 instaA tl for the Plaza area. 2,255.00 Sunshine invoice #28833, dal 10f21l08 5 ASI 112 P~za Civil - ACRD Comme~s (CORM) 10,887.00 Relocate sprinlc~r mad out of future ROW on Meridian RD per ACRD n~quest. Line had to be move from inAne with the tree wells to east of the sidewalk Sunsh~e quote 11/17 32,610.00 Rage 1 of 1 February 27, 2009 MERIDIAN CITY COUNCIL MEETING March 3, 2009 APPLICANT ITEM NO. 6 REQUEST Discussion on Janitorial Bid AGENCY CfTY CLERK: CfTY 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 ~~~~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Matertais presented at pubflc meetings shall become properly of the Ctiy of Meridian. • 1 J AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 6~' day of A ril , 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Clearview Cleanin4 Service. Inc., hereinafter referred to as "CONTRACTOR", whose business address is 6190 S. Settlement Way~Boise. ID 83716 and whose Contractor Registration License # is RCE-27263. INTRODUCTION Whereas, the City has a need for services involving Janitorial Services ; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scop® of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. JANITORIAL SERVICES AGREEMENT - page 1 Of 22 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except #or that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment C "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay wkhin 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. JANITORIAL SERVICES AGREEMENT - page 2 Of 22 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) March 31, 2010 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement, if default is not corrected by Contractor within seven (7) days, by giving written notification to Contractor. 3.3 Should City fail to pay Contractor atl or any par of the compensation set forth in Attachment C of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its JANITORIAL SERVICES AGREEMENT - page 3 of 22 property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability JANITORIAL SERVICES AGREEMENT - page 4 of 22 insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000} per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnify in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. JANITORIAL SERVICES AGREEMENT - page 5 of 22 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue _ Meridian, Idaho 83642 Clearview Cleaning Services Inc. Attn: Sylvia Hampel 6190 S. Settlement Wad Boise. ID 83716 Idaho Contractors Registration License #: RCE 272fi3 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 beiween~the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Tim® is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the JANITORIAL SERVICES AGREEMENT - page 6 of 22 basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the pertormance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 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 CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 1fi. Changes: The CITY may, from time to time, request changes in the Scope of Work to be pertormed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 17. 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. JANITORIAL SERVICES AGREEMENT - page 7 of 22 • 18. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 20. 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. 21. 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. 22. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN CLEARVIEW CLEANING SERVICE INC. i BY: TAMMY de ERD, MAYOR dpF AAE - ~~: Fo s = est:S~ ~' ~~ p ms's 9~_ tS~ ~ ~ ..`~~~ CITY CLERK JANITORIAL SERVICES AGREEMENT - page 8 of 22 Approved as to Content BY: - KEITH A S, PURC NG AGENT Dated: s - Approved as to Form DEPUTY CITY ATTORNEY • Building Maint. D®partment Approval BY: ~ sf - f-~- - -- NAME: Eric Jensen TITLE: /.~~r~6 n~:f~..; ~- ~.r~~.~ =` Dated: ~= / ~°,~ ~-'~ JANITORIAL SERVICES AGREEMENT - page 9 of 22 a~}1 rlt Clearview Cleaning Services Inc. (contractor) shall be responsible for cleaning all facilities listed below, to the standard described in the following "Cleaning Standards". The "Cleaning Standards" shall be the guiding document used to determine cleaning satisfaction and compliance with this agreement. The City of Meridian Building Maintenance Manager (manager) will use this document to determine if satisfactory cleaning service has occur-ed and request correcting action if not. The "Minimum Cleaning Schedule" section attached hereto are minimum services provided regardless of the Managers findings. Contractor shall supply all chemicals and obtain the City's approval prior to their use. Contractor will be responsible for managing all janitorial paper products for all facilities. CCS will set minimum and maximum quantities, keep inventories between these levels and place orders through the manger when needed. The manager will place and receive and all orders. Contractor shall attend a monthly quality inspection walk through with the Manger to verify all standards are being met and to point out deficiencies. Locations to be cleaned are listed below. I11L 1 TITLE LAC °TI S E F T CE City Hall 33 East Broadway, Meridian 30,000 Finished Office 2o,aoa 13a~~ment Police Station 1401 E. VVatel#ower, Meridian 30,000 V~ater Administration 2235 N 6 St., Meridian 10,635 -- VVastewater Lab 3401 IW. Ten ile, Meridian 1,760 Parks Field Ice ~* 11 hest dower, Meridian 3,360 Meridian Community 201 E. Idaho, Meridian 4,200 Can#er ~~ To be cleaned ®nly ice a w k. JANITORIAL SERVICES AGREEMENT - page 10 of 22 Cleaning Standards The following cleaning standards shall be used on a daily basis and during the quality assurance inspection process to assess the quality of cleaning. A. Entrances 1. Mats and carpet shall be free of spots, stains, gum, dirt and debris without causing damage. They shall appear visibly and uniformly clean. Adjoining walls, doors and floor surfaces shall also be free of dust, soil and cleaner residue. 2. Glass and metal surfaces shall appear streak-free, film-free and uniformly clean. This includes the elimination of dust and soil from sills, ledges and heat registers. 3. Comers and thresholds shall be free of dust, cobwebs, dried-soil, crud, finish build-up and debris. These areas shall appear visibly and uniformly clean. This includes the elimination of cleaner residue and dried-slurry. 4. Floors and cove bases shall be free of dust, cobwebs, dried-soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip- resistantseal and finish applied that result in a consistent high-shine, unless otherwise directed by CITY. Floors shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue and film. 5. Walls and fixtures shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. Walls behind waste/trash cans need to be cleaned. B. Elevators Tracks shall be free of dirt and debris. Tracks shall appear visibly clean. This includes the elimination of standing water from wet cleaning procedures. 2. Walls and doors shall be free of dust, cobwebs, soil, spots and stains without causing damage. They shalt appear streak-free, film-free and uniformly clean. Bright metal surfaces shall be polished to ahigh-shine. This includes the elimination of polish residue and/or film. 3. Floors, carpet and cove bases shall be free of dust, cobwebs, dried soil, soil, gum, spots, stains and other debris. Hard/resilient floors shall have multiple coats of a slip resistant seal and finish applied that result in a consistent high-shine, unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. JANITORIAL SERVICES AGREEMENT - page 11 of 22 C. Corridors 1, Floors and cove bases shall be free of dust, cobwebs, dried-soil, gum, spots, stains and debris. Hardlresilient floors shall have multiple coats of a slip- resistantseal and finish applied that result in a consistent high-shine, unless otherwise directed by CITY. Floors shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue and film. 2. Wails and fixtures shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 3. Glass and metal surfaces shall appear streak-free, film-free and uniformly clean. This includes the elimination of dust and soil from sills, ledges and heat registers. 4. Water fountains shall be free of dust, cobwebs, soil, scale and water spots without causing damage. Bright work shall be disinfected and polished to a streak-free shine. Water fountains shall appear visibly and uniformly clean. This includes the elimination of film and cleaner residue. D. Stairwells 1. Rails and walls shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This included the elimination of film, streaks, lint, standing water, cleaner residue or film. 2. Steps and landings shall be free of dust, cobwebs, dried soil, gum, stains and debris. This includes risers and cove bases. These surfaces shall appear uniformly smooth and clean without leaving dust streaks, lint, standing water, cleaner residue or film. E. Restrooms Special Alote: Maintaining a sanitary restroom environment that minimizes the possibility ofcross-infection is considered of the highest priority by CITY. Sanitation levels shall be closely monitored by inspection, and approved testing methods. 1. Dispensers shall be free of dust, dried-soil, bacteria and soil without causing damage. These surfaces shall appear visibly and uniformly clean and disinfected. This includes the elimination offilm, streaks and cleaner residue. Dispensers shall be refilled when required with proper expendable supply item. 2. Hardware shall be free of dust, soil, bacteria and scale without causing damage. Bright work shall appear visibly and uniformly clean, disinfected and JANITORIAL SERVICES AGREEMENT - page 12 of 22 • polished to a streak-free shine. This includes the elimination of polish residue. 3. Sinks shall be free of dust, bacteria, soil, cleaner residue and soap film without causing damage. They shall appear visibly and uniformly clean, and polished-dry. This includes the elimination of streaks, embedded soil, film and water spots. 4. Mirrors shall be free of dust and soil. Mirrors and surrounding metal framework shall appear streak-free, film-free and uniformly clean. 5. Toilets, toilet seats and urinals shall be free of dust, cobwebs, bacteria, soil, organic matter, cleaner residue and scale without causing damage. These fixtures shall appear visibly and uniformly clean, disinfected and polished-dry. This includes the elimination of streaks, film and water spots. 6. Partitions and ledges shall be free of dust, cobwebs, soil and graffiti without causing damage. Partitions shall appear visibly and uniformly clean, disinfected and polished-dry. This includes the elimination of streaks and film 7. Waste containers shall have contents removed and can liners replaced. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. 8. Walls and doors shall be flee of dust, cobwebs, soil, spots and stains without causing damage. These surfaces shall appear visibly and uniformly clean/disinfected. This included the elimination of film, streaks and cleaner residue. Ceramic walls, wainscots, metal kick plates, handles and push plates on doors shall also be polished-dry. 9. Floors and baseboards shall be free of dust, cobwebs, soil, gum, stains and debris. Floors shall have multiple coats of aslip-resistant sea~nish applied that results in a consistent high-shine, unless otherwise directed by CITY. Floors and cove bases shall appear visibly and uniformly clean and disinfected. This includes the elimination of dust streaks, lint, standing water, cleaner residue and film. 10. Air vents shall be free of dust, cobwebs, and soil. This also pertains to air distribution units and exhaust vents. They shall appear visibly and uniformly clean. 11. Light fixtures shall be free of dust, cobwebs, and soil without causing damage. Diffusers shall remain in proper position, and appear streak-free and uniformly clean. JANITORIAL SERVICES AGREEMENT - page 13 of 22 F. Common Areas and Copier Areas 1. Counters and equipment shall be free of dust, cobwebs, dried-soil and soil without causing damage. They shall appear visibly and uniformly clean. This includes the elimination of cleaner residue, streaks and film. 2. Walls and doors shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 3. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected. Containers shall appearvisibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. 4. Floors, carpet and baseboards shall be free of dust, cobwebs, dried-soil, soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of aslip-resistant seal and finish applied that result in a consistent high- shine, unless othenlvise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. This included the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. G. Offices/Cubicles 1. Common area furniture and equipment shall be free of dust, cobwebs, dried- soiland soil without causing damage. They shall appear visibly and uniformly clean. This includes the elimination of cleaner residue, streaks and film. Individual office desks and work surfaces will be cleaned by CITY of Meridian employee. 2. Lamps shall be free of dust, cobwebs, dried-soil and soil without causing damage. Lamps shall appear visibly and uniformly clean. This includes the elimination of streaks, cleaner residue and film. 3. Walls and doors shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 4. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. JANITORIAL SERVICES AGREEMENT - page 14 Of 22 • 5. Partitions and ledges shall be free of dust, cobwebs, soil and graffiti without causing damage. Partitions shall appear visibly and uniformly clean. This includes the elimination of streaks, film and cleaner residue. 6. Floors, carpet and baseboards shall be free of dust, cobwebs, dried-soil, soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of aslip-resistant seal and finish applied that result in a consistent high- shine, unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. H. Kitchens/Breakrooms 1. Cabinets, refrigerator and microwave exterior tops, sides and front shall be cleaned and free of dust, soil, cleaner residue and soap film. Sinks and fixtures shall be clean and sanitized. 2. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected. Containers shall appearvisibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of any offensive odor emitting from the container. Walls adjoining waste container require special attention and need to be kept clean. 3. Floors and Baseboards shall be free of dust, cobwebs, soil, gum, stains and debris. Floors shall have multiple coats of aslip-resistant seal~nish applied that results in a consistent high-shine, unless otherwise directed by CITY. Floors and cove bases shall appear visibly and uniformly clean and disinfected. This included the elimination of dust streaks, lint, standing water, cleaner residue and film. 4. Walls and fixtures shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 1. Conference Rooms 1. Walls and doors shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 2. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be JANITORIAL SERVICES AGREEMENT - page 15 of 22 ~ i cleaned and disinfected. Containers shall appearvisibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. 3. Tables and chairs shall be free of dust and soil. These surfaces shall appear visibly and uniformly clean and free of all finger prints. 4. Floors, carpet and baseboards shall be free of dust, cobwebs, dried-soil, soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of aslip-resistant seal and finish applied that result in a consistent high- shine, unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. J. Reception Areas 1. Walls and doors shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 2. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected. Containers shall appearvisibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. 3. Tables and chairs shall be free of dust and soil. These surfaces shall appear visibly and uniformly clean. Tables are to be wiped clean and dried spot free. 4. Floors, carpet and baseboards shall be free of dust, cobwebs, dried-soil, soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of aslip-resistant seal and finish applied that result in a consistent high- shine, unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. Chairs shall be moved occasionally to vacuum underneath. This includes the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. K. Miscellaneous 1. Air vents shall be free of dust, cobwebs, and soil. This also applies to air distribution units and exhaust vents. They shall appear visibly and uniformly clean. JANITORIAL SERVICES AGREEMENT - page 16 Of 22 2. Light fixtures shall be free of dust, cobwebs, and soil without causing damage. Diffusers shall remain in proper position, and appear streak-free and uniformly clean. 3. Ceilings shall have all cobwebs removed. 4. Microwave interior and refrigerator interior shall be defined as additional services for an additional fee. L. Janitor Closeta and Storeroom Shelves -Shall be free of dust, cobwebs, dried-soil and soil. They shall appear visibly and uniformly clean. Supplies and equipment shall be stocked/organized, neatly on shelves. 2. Janitor carts shall be free of dust, cobwebs, dried-soil and soil. They shall appear visibly and uniformly clean. Supplies and equipment stored on janitor carts shall also be free of dust and soil, and organized, neatly. 3. Walls shall be free of dust, cobwebs, dried-soil and soil without causing damage. They shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 4. Utility sinks shall be free of dust, cobwebs, soil, cleaner residue and soap film. Utility sinks shall appear visibly and uniformly clean. This includes the elimination of streaks, embedded soil, film and water spots. 5. Bright work shall be cleaned, de-scaled and polished. 6. Floors shall be free of dust, dried-soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of aslip-resistant seal and finish applied that result in a consistent high-shine, unless othervvise directed by CITY. Floors shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue and film. M. Trash R®movallTrash Containerss 1. Was#e removal shall be to containers designated by CITY and shall be deposited in such a manner that contents will not fly around causing a mess or nuisance. 2. Waste containers shall be fitted with a liner. JANITORIAL SERVICES AGREEMENT - page 17 of 22 Attachment B • MINIMUM CLEANING SCHEDULE TENARIT' AREAS (Including ®fFiceslCubicles, Conference Rooms, Kitchen task Rooms, Reception Areas, Common Areas Copier Areas) .~ +~ ,, ~ ~ ,, ~ ~ A ~ ~ ~ ~ •~ ~ ,, ~ ,~ ~ ~ 1 Em all trash race fades & re Lace soiled liners as needed X 2 Spot dean all horizontal and vertical surfaces removing fingerprint, smudges and stains {induding doors, door frames, pulls, pushes, walls, li ht switches, etc. X 3 Vacuum all ce eted areas & t dean t where needed X 4 Dust and spot dean all furniture induding desks, tables, chairs, counters, file cabinets, bookcases, etc. X 5 Remove all collected trash to desi nated areas X 6 Swee and dam mo all hard surtace floorin X 7 Wash & polish all counter tops, open shelves, chrome, brighUenameled surtaces, efc. indudin sinks, refri orators, fixtures & coffee ui ment X 8 ~ dean interior and exterior of microwave evens X 9 Dam wi a and sanitize all tale hones ear and mouth 'aces X 14 Vacuum all fabric cxlvered office furniture X 11 1=uli vacuum ali ca is waEl to wall X 12 S ra buff all hard surfaces X 13 Dust rti6ons and surfat;es X 14 Dust low reach areas {to fi feet) induding window sillsl ledges, door moidin s, shelvin , icture frames, etc. X 15 Wi dean baseboards X 16 Ed a all car fed areas X 17 Dust all high reach areas ind light fixtures, wall comers, shelving, air diffuser vents, etc. X 1 a3 Dam mo all chair mats X 19 Clean & polish all bright metal ind doorframes and hardware, lettering and other metal accessories X 20 Dust BJor vacuum window blinds X 21 Vacuum and dean air diffuser rills, vents and louvers X 22 Sham o ca t X JANITORIAL SERVICES AGREEMENT - page 18 Of 22 ~ ~ - ~, ~ ~ dC®rnm®n and Tenant) n ~ g ~ ~~ ~ ~ 1 Swee and dam mo all fluorin X Wash & palish all mirrors, shelves, chrome, bright surfaces, enameled X 2 surfaces, etc. includin i in ,handles & toilet seat hin 3 Wash and wi d both sides of all toilet seats X Wipe dean ~ dry all dispensers, including toilet tissue, soap, towel & X ~ sanity n 'n dis users, dis sal units 5 Clean and disinfect ail basins, bawls and urinals X S Clean and disinfect all showers X 7 Remove waste to deli Hated area X 8 Refill toilet tissue holders, soap dispensers, towel dispensers & X sanity na kins dis ensers 9 Check to insure ail dis users are functionin ro ri X 10 Dam vd & d all artition walls surroundin men's urinals X Spot clean all horizontal and vertical surfaces removing fingerprints, 11 smudges and stains (including doors, doorframes, pulls, pushes, X walls, ii ht switches, etc. 12 Dam wi and d all restroom rtition surfaces X 13 Dam wi ail ceilin air diffuser and air return vents X 14 Dam wi and lisp all tiled walls X Dust all high reach areas including light fixtures, wall comers, shelving, X 15 air diffuser vents, etc. FiAR® SURFACE FI_~ORS .~ m ~ A ~ ~, ~ ~ ~ ~ ~ ~ ( tram®n Aria and Tenant) ® ~ ~ m ~ ~ z ~ ~ 1 Swee and dust mo all hard surface fluorin X 2 t dean stains ands ills X Machine dean all stone, t~ramic and porcelain file flooring using X 9 methods roved b Ci 4 Machine dean all VCT fluorin , a l 1 coat of lish, d & buff X 5 Polish metal kick lates X 6 Dam mo stairs and landin s X 7 Clean handrails X 8 Wi a dean vin baseboards X 9 Dust aQ high reach areas including light factures, wall coverings, etc. X 10 Sham c _ is X 11 Snub and a I three eats of wax to ail VCT surfaces X 12 Stri and wax all VCT and waxed surfaces X JANITORIAL SERVICES AGREEMENT -- page 19 of 22 ~ ~ L013I31° ~4ND COM ®N AR HALLS {including Fitn ~ Center} 1 Em all trash race fades and re lace soiled liners as needed 2 Spot clean all horizontal ~ vertical surfaces removing fingerprints, smudges & stains (including doors, door frames, walls, woodwork, door lass, arbtion lass, li ht switches, kick and ush lates, etc. 3 Vacuum ail ce fed areas & t clean ca et where needed 4 Clean both sides of all lass en doors 5 Remove all collected trash to desi Hated areas 6 Vacuum all walk off mats 7 ~ e & disinf~f all Fitness Center ui ment 8 Dust low reach areas to 6 feet includin window s~ls! led 9 Clean all en door thresholds, ish as needed 1 Q S ra buff all hard surfaces 11 Vacuum all fabric covered furniture 12 Wi dean all baseboards 13 Sham o all ca tad areas more often as needed in vrinter 14 Dust all hi h reach areas includin li t fixtures, wall comers, shelvin ,air diffuser vents, etc. 15 Clean & polish bright metals, including doorframes, hardware, lettering & other metal accessories, including elevators 16 Dust andlor vacuum vertical and horizontal window bends 17 Vacuum and dean air diffuser rills, vents and louvers ` _~ ~ A VACJANT SPACES & UTILITY R®OMS . ~ ~ {including janit®r ci~ssets and storero~me) o ~ ~; ~ ~ ~ C ~ ~ ~ 1 Dust all horizontal surfaces in vacant s X 2 Vacuum ca ets in vacant s aces X 3 Dust shelves and or anize su lies ~& ui went naafi ~ 4 Dust su I carts and or anize su lies neat[ ~ 5 Dust and clean walls to be free of cobwebs and residues ~ 6 ~ u61' sinks dean X 7 Clean floors of dirt, stains and debris X 8 Seal hard floors wisli resistant seal & hi h shine finish X JANITORIAL SERVICES AGREEMENT - page 20 of 22 STAIR ELLS hand Lartdingsg •~ ° ~ ~ ~ y, ~ g ,, ~ ~ >. ~ C E ,~ a ~ 1 Dust rails and Bed es X 2 S t clean walls for fine riots, smud es and stains X 3 Dust m stairs and landin s X 4 Dam wi and clean both sides of all stairwell doors X 5 Palish metal kick later X 6 Dam mo stairs and landin s X 7 Clean handrails X 8 Wi clean vin I baseboards X 9 Dust all hi h reach areas includin li ht fixtures, wail coverin s, etc. X 10 Sham oo is X T a G ~ ~ ELEVAT®RS ® ~ ~ ~ ~ m ~ ~ ~ d 1 Tracks will be free of dirt and debrisina water X 2 at clean walls far fln a Tints, smud sand stains X 3 Eiaars/ t/bases free of dust X X 4 Removal of cob-webs X b Removal of hard debris such as umisoiVdirt X 6 Sham car is X JANITORIAL SERVICES AGREEMENT - Page 21 Of 22 • Attachment C PAYMENT SCHEDULE A. Taal and carnplete cc~rYtpensatiOn ficr this Agreement shall nat exceed TASK ®ESC~1~°FICN IUTHLY AM®C1NT ,A. City Hali 100,000 Square Feet X7,200.00 ~6,400.Q0 . ~clice Station including K9 facility X2,375.00 $34,500.00 3fl,040 S oars Feet C. ~ mater Adrninistraticn `10,635 Square Feet $920.00 $11,040.04 C, ; wastewater Lab 4,490 Square Feet X350.00 X4,200.00 E. ~ darks Field Cfifice ~~ 3,360 Square Feet ~45fl.00 ~5,400.0fl F. ~ 11~eridian COmrnunity Center 4,200 Square X625.0® ~7,500.Ofl F t f T T ~12,195.a0 ( . I Travel ®xp®ns®s will be paid at no more than the City of Meridian's Trav®I and Expense Reimburs®ment Policy. JANITORIAL SERVICES AGREEMENT - page 22 of 22 February 27, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING March 3, 2009 APPLICANT Public Works Department ITEM NO. 6-~-~ REQUEST Reimbursement Agreement with JLJ Enterprises, Inc. for Overland Road Water Main AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY ~ Q CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See attached Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CJ 1i C~ To: Jaycee Holman; Tara Green. From: Scutt Steckline; Land Development Supervisor CC: Pile ~, ~~° ~~~ ~~~ ~ 0 2009 CITY of c4~fE~-' CITY CLERKS OFFICE Date: ?J26/2009 Re: Proposed Agenda item for March 3, 2009 city council Meeting The Public Works Department respectfully requests the following item be placed on the March 3, 2009 City Council agenda, under Department Reports, for Counal's consideration: Overland Road Water Main Reimbursement Aareemerrt This agreement reimburses JLJ Enterprises, Enc for construction of appro:mately 6000 feet of water main in the re-alignment of Overland Road. Recommended Councii Action: The Public Works Department recommends it:at City Council approves ~e Reimbursement Agreement between the City of Meridian and JLJ Enterprises, Inc for constructing approximately 6080 feet of 12-inch water main for an estimated total reimbursement of $'[38,240.83 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me sf you have any questions. • Page 1 • N r-~ _ u1~W a~M vgip~ie4y ~esgg a~na~ ~ _ ~ - '~ . wawu6~y-2a puB~a~n~ s~?ewea;nf~ ~Saeua~ ~ # p t I• i H t i~ ~,~ ~~~.~~~ ~~•~ ~~~ '~~ 8~~~~~~~~ ~~~~ .. Z .:.. ~ ~~ ~'~~ ~ '~a4 -°C ~~ W ~e ~ • ~- w Q ~° o~a cv ~ ~4 ------L~ ~~~~ ~ p ~y~ . f1C ~~rr i.1a .Q }. ~ ~ ~•" ~ - , N .•~ '~ .. LC W ~' ~.. ___J_~ • '- 3 , . ~•; I- i I~ 1 L.._~_. ~~~, ~ ~ l ~ ~; ~ ~~ ~~~ ~ j • -~ , , ~~ ~ .~ .~ E ~~ /~' ~ ' ``` • -- 5 ,---- ts,lj- // ~ ~.. ~. ``i J~~ ' .~~, - . o \`~ ~ ~ ' ~~ ~ ' '~~= 1~ /~ y4 ~ _ . .' .. ~. Construction Cost Accounting February 26, 20Q9 UNDER 309 CrtYOFMERIOIAN RNEOfil1 fTEMDESCRIPTION ~MO~URR SHARE RATE AMOUNT RATE AMOUNT ESTIMATED= BASE taNTRACF AMOUNT' B1 12° PIPE C-900 PVC (OVERLAND RD) S 98,307.00 5D/SD 50% $ 49,153.5D 58% $ 49,15350 61 12" PIPE C-9Q0 PYC {OFF-SRE ROAD FRONTAGE) $ 4,125.00 COM 30'$ 16% $ 412. 9D% $ 3,712.50 62 12"PIPE G900 PVC (STUBSTO SOUTHRIDGEj $ 4,386.50 SR 100'.6 $ 4,630 $ B3 B° PIPE C-400 PVC (OVERLAND RO) $ 949.00 50/58 50% $ 474.50 ' ' 50% $ 474.5D B4 8"PIPEG900PVC(STUBSTOSOUTHRIDGE) $ $750.Q0 SR 100% S 2,750.00 $ BS FIRE HYDRANTASSEMBLY (OVERLAND RD} $ 1$896.OD COM $ SD6! $ 12,896.00 B6 FIRE HYDRANT ASSEMBLY(SOUTHRIDGEj $ 6,020.OD SR 100% $ 3,020.OD $ 87 12°GATEVAIVE {OVERLAND RD) $ 39,675.00 50/50 50% $ 17,33750 50% $ 17,33730 BB 8° GATE VALVE (OVERLAND RD} $ 9531.00 50/54 50% 5 4,76. 50% $ 4,76550 89 BLOW OFF ASSQNBLY(OVERLAND RD) $ 4,128.00 COM $ - 1D0% $ 4,128.00 B3D BLOWOFFASSEMBLY(SOUTHRIDGEJ $ 9,636.80 SR 108% $ 9,636.00 $ Bil BEObYOFFASSEMBLYCAEDfTiOVER1ANDRDj $ SDJ50 50% S 58°5 $ 612 MISCELLANEOUSFTfFINGS $ 7,737.00 50/50 58% $ 3,866.50 5~ $ 3,868.5D 813 WATE(iSAMPLER ORTEST METER $ 1,767.00 50/50 SOS6 $ 863.50 50°I $ 88350 814 A82VACUUM $ 5,935.00 SD/50 50% S 2,967.50 50% S 2.367.50 B15 BOOSTER STATIONSTU6 $ 8,332D0 5D/5D 50°,fi $ 4,16&00 SD4re S 4,16&QO Blb 20° STEEL CASING PIPE RIDENBAUGH CROSSING $ 50/50 5C% $ - SOY $ B17 RIDENBAUGH CROSSING $ 1,437.60 50/50 50% $ 718.80 54% $ 716.80 618 20"STEEL CASING PIPE, WILtJAM5 PIP0.1N£CROSSING $ 50/50 50% $ - 50% $ 619 WILLIAMSPIPEUN£CROSSING $ ~ 3,068.80 SD/50 56% $ 1,534.40 50°~b $ 1,534.48 820 ASPHALT REPAIR $ 4,000.00 50/50 50% S 2,D00-00 50% S 2A8D•OD B22 NON•POTABLE CROSSINGS $ 10,416.00 50/50 50°Ja $ 5,20800 50% $ 5,208.00 622 TRAFFIC CONTROL "6i~g~'Q :Atl4QF7rit'~.w:ue- ~~-:m::.~ssc«~- ~..~,.n~u-wxuns~ $ 2,800.00 '~"~-~-••- -- ._ ._. _ ._, 50/50 xs+uxRi-~'= - ---..5:= ~e ~~ 50~ -----_~ ~ez.,cr c... ... $ 1,400.00 - "" .. 50% ."'=-~,.i_r' .,.,.~N.~--•-_" $ 1p00.00 c _ ~~°,F -- DESIGN ENGINEEEtING 1 ENgNEERiNG 50/58 50% SD% 2 SURVEYING/CONSTRUCf10N 5PASING $ 4,280.00 SO/5D 56% $ 2,140.00 50% $ 2,140.00 3 AECORDDRAWINGS $ 1,000.00 50/50 50% $ 500.00 SO% $ 5D0.00 etc: ,__ - v.crxc.:::.-._.c.._'??:~`~:msw•~~-.~ ~ _ TQTALORIGNW.PROIECi $ 375,950.35 $ 137,709.33 $ 138,240.83 ~5~. COST ACCOUNTING Chrer~nd Re A~gnment Page 1 Df 1 Meridian Water Main TOTALCONSTRUCTiON005T $ 255,509.40 $ 127,488.95 $ 126,028.45 • COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT 12-INCH WATER MAIN FROM THE INTERSECTION OF OVERLAND AND CINDER ROADS WEST APPROXIMATELY 5000 FEET THIS AGREEMENT made this day of , 2009, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and JLJ Enterprises, inc., hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct approximately 6,000 feet of 12-inch water main, along Overland Road, to be owned, operated, and maintained by CITY to serve DEVELOPER's property, South Ridge Subdivisions (shown on Exhibit "A"), and has requested reimbursement for a portion of the 12-inch water main; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the said 12-inch water main system, subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: A. Preparation of Plans. DEVELOPER has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of the 12-inch water main system (hereinafter called "Project"), shown on preliminary plans (hereinafter called "Exhibit "B"), including rights-of--way, grades and elevation, and materials used in the construction and installation of said Project. ~. Final Approval of Plans. Prior to commencement of construction, CITY shall approve or reject, in its discretion, the Project plans. CITY and DEVELOPER shall acknowledge in writing the final plans, Page 1 of 11 L~ ~J and said plans shall not thereafter be modified in any material way unless such modifications are approved in writing signed by CITY and DEVELOPER. C. Solicitation of Bids. DEVELOPER will solicit bids for constnaction using the City Purchasing Department's bid procedures at a minimum. DEVELOPER Shall work with the City Purchasing Manager in developing the bid and establishing a due date. A representative of the City Purchasing Department must attend the bid opening. DEVELOPER will award the construction contract to the lowest responsible bidder after obtaining concurrence from the CITY Purchasing Manager of low bidder and City Council approval. D. Contract Terms. DEVELOPER shall provide CITY with a copy of the executed construction contract(s) prior to the start of any construction. All construction contract(s) shall include, at a minimum, the following provisions: 1. A requirement that the contractor provide payment and performance bonds in the amount of one hundred percent (100%) of the total Project cost naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. 2. A requirement that the successful bidder be licensed as a public works contractor as required by Idaho State Statute 54-1902. 3. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete by June 1, 2009. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item or items remain uncompleted. 4. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c) delays caused by CITY, (d) weather, (e) review and/or approval processes required by outside agencies not otherwise parties to this Agreement (f) any request for extension of time approved in writing by CITY. 5. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and property damage with a limit of One Million Dollars ($1,000,000.00) per occurrence, naming the City as an additional insured and provide a certificate of said insurance prior to the start of construction. Said requirement is extinguished upon acceptance of Project by City. 6. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. Page 2 of 11 • 7. A provision that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure all applicable permits and pay all applicable fees. 8. A provision providing at least a one (1) year warranty on the operation and materials of the Project, which warranty shall be assignable to CITY, to be secured by the posting of a performance bond in favor of City upon project completion in the amount of ten percent (10%) of the total Project cost. E. Conditions Precedent to Execution of Construction Contract(s). Prior to execution of any construction contract, the following conditions shall be satisfied: 1. Prior to March 13, 2009, DEVELOPER shall provide proof to CITY that DEVELOPER has secured a Letter of Credit guaranteeing the completion of the Overland Road realignment project. 2. DEVELOPER shall provide proof to CITY that the completion of the Overland Road realignment project has not been canceled or postponed. 3. DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, which approval may be withheld for any reason, including but not limited to DEVELOPER's failure to obtain a construction contract that contains the provisions required by this Agreement, but which approval shall not otherwise be unreasonably withheld. 4. Any easements required for the Project or the construction thereof shall be deeded to CITY and recorded prior to construction of the Project. F. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct the Project, as shown on Exhibit "B", it is mutually agreed that the cost of the Project will be subject to actual cost verification by CITY. DEVELOPER shall fund 100% of the cost of the Project, estimated at $229,896.90. The City will reimburse the DEVELOPER for 50% of the project estimate (subject to cost verification) less an administration fee of $9,384.60 as listed in paragraph J. G. Construction of the Project. 1. DEVELOPER shall install and construct the Project in compliance with and subject to all conditions provided herein. Page 3 of 11 2. DEVELOPER shall obtain and/or provide all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project. 3. DEVELOPER shall undertake and/or provide all testing, sampling and other normally conducted measures for quality control/quality assurance regarding any and all installed systems. 4. CITY shall provide inspection services for the construction of the Project in accordance with CITY standards. H. Change Orders to Construction Contract. DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and DEVELOPER shall execute an amendment to this Agreement to reflect how the cost savings will be allocated between CITY and DEVELOPER. I. Completion of the Project. 1. Upon final completion of the Project, DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. Within fifteen (15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non-conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of all non-conforming matters. 2. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive as-built drawings for the Project in both a reproducible, printed format, on both mylar and in electronic files in AutoCAD format. 3. Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. 4. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. 5. Upon completion of the Project, CITY shall issue an approval letter accepting ownership to DEVELOPER. Page 4 of 11 J. Reimbursement to DEVELOPER. Because DEVELOPER will construct the Project, CITY shall reimburse to DEVELOPER 50% 50% of the project estimate (subject to cost verification) less an administration fee of $9,384.60 as listed below. Construction Cost $229,896.90 City portion of Construction Cost $115,214.20 Less Administration fee of - 9,384.60 Design & Engineering Costs $ 12,806.25 Soft Costs $ 10,220.38 Total City Responsibility $128,856.23 CITY to pay $100,000.00 to DEVELOPER within thirty (30) Day's upon project completion and CITY's acceptance of the project.. The CITY Project Manager will conduct an audit of this agreement on a quarterly basis, beginning three months from the date of this agreement, and reimburse the DEVELOPER the remainder of the CITY's responsibility in accordance with this agreement from the assessment fees collected during the audit period for the DEVELOPERS property, South Ridge Subdivision. K. Term of Agreement. Payments shall continue under this agreement for a period of 5 (five) years from the date of execution of this agreement by CITY, or until DEVELOPER is reimbursed the full amount of $128,856.23, whichever occurs first. The City ordinance in effect at the time of execution of this agreement does not allow the term of this agreement to extend beyond 5 (five) years. If the DEVELOPER has not been reimbursed the estimated amount as shown above after five (5) years from the date of this agreement, and if the CITY ordinance has been amended to allow this agreement to be extended beyond a five year period, then this agreement may be extended by mutual Agreement of the CITY and the DEVELOPER. This provision is intended to allow CITY to consider extending this agreement if allowed by ordinance and does not commit CITY to agree to such an extension if allowable. L. Water and Sewer Lines on DEVELOPER's Property. As a condition for CITY entering this Agreement, DEVELOPER has or will request and submit to inspections by the Public Works Department and/or the Building Department of CITY whenever a building is to be connected to any and all portions of the Project constructed and installed on and/or within DEVELOPER's property. Page 5 of 11 +i ~' M. Compliance with Laws. 1. In constructing and installing the Project on and/or within its property, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities and at DEVELOPER's sole expense shall obtain any and all licenses or permits which may be required for or in the course of the performance of this Agreement. 2. Upon connection to the City of Meridian water and sanitary system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to water and sanitary sewer systems. N. Indemnification and Insurance. DEVELOPER shall include in all contracts between DEVELOPER and the contractors the indemnification and insurance requirements as set forth in this paragraph. All contractors shall indemnify and save and hold harmless CITY and DEVELOPER from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by contractors, their servants, agents, employees, guests, and/or business invitees, and not caused by or arising out of tortious conduct of CITY or its employees or its DEVELOPER. In addition all contractors shall maintain, and specifically agrees that it will maintain, throughout the pendency of this Agreement, liability insurance in which CITY and DEVELOPER shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. "The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY and DEVELOPER, and if CITY and DEVELOPER become liable for an amount in excess of the insurance limits herein provided City and DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions and/or judgments for damages and/or liability to persons and/or property. DEVELOPER shall provide CITY with a certificate of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph by filing such proof of insurance with the City Purchasing Manager. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliance with the changed limit. City hereby indemnifies and saves and holds harmless DEVELOPER from and for any and all losses, claims, actions judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by CITY, its servants, agents, employees, and those parties under the control or direction of the CITY. The duty to indemnify shall also include the duty to defend DEVELOPER at the CITY'S cost. Page 6 of 11 • Jaycee Holman From: Tammy de Weerd Sent: Tuesday, March 03, 2009 7:46 PM To: Jaycee Holman . Page 1 of 2 ~~ Subject: FW: Final $ Importance: High Attachments: 27 sewer.pdf; 21 Sewer.pdf; Overland Water -Cost Accounting - 090224.pdf; Overland Water - Cost Accounting - 090225.pdf Can you print just this email for Council to discuss at the end of the agenda? From: Jim )ewett [mailto:]im]@jljenterprisesinc.com] Sent: Thursday, February 26, 2009 10:54 AM To: Tammy de Weerd Subject: FW: Final $ Mayor, I felt the need to forward this a-mail as time is critical. Currently the Bridge in Overland is being constructed and all of the contracts for the construction of Overland have been awarded with a scheduled completion in June of this year. The only issue is the final agreements with the city on utilities. As you are probably aware the budget issue for ACHD as well as everyone within the private sector is poor at best, but I have been able to keep everything together to complete Overland so far. Please help me insure that this is not another victim of falling budgets. Jim From: Jim Jewett Sent: Thursday, February 26, 2009 10:12 AM To: Scott Steckline; Kyle Radek; Bruce Freckleton; Thomas Barry Subject: Final $ Guy's, Here is where I'm at; 1) ACHD has given me till tomorrow to insure that Overland is going forward this year or with there current budget issue they have are going to remove Overland from this year to help make up there 8 million shortfall. 2) For me to guarantee construction this year I need the following; a. Payment on the two sewer reimbursements still outstanding from last year, I've attached the two final invoices that myself and Mike Brown has agreed to against my better judgment. I need everyone to understand that my agreement to this amount is to resolve and move forward but in the event that Overland is shelved for this year I am NOT agreeing to these amounts. b. The water agreement needs final approval by council by Tuesday the 3~ of March. The amounts that I can agree to are as shown on the attached Cost Accounting schedule with the City paying up to 173,766.55 not including CO #3 that will be dealt with at a latter date. 3) Further we agree that as part of the Ten Mile Interchange Project with ITD that we will install the sewer and water lines that will serve our property as well as the Tasa neighborhood, but as we have requested before we only ask that we be eligible for any late comers fee's thru a reimbursement agreement that 3/3/2009 Page 2 of 2 would be available to us under the current code. All that remains is your approval and scheduling the council for Tuesday. I hope that this is easily resolved today so I may issue a letter to ACHD by tomorrow, just a reminder that ACHD has been completely done and approved for some time now and that all that remains is our agreements with the city. I've attached below the a-mail from Gary Inselman below for your information. Jim, As you may have heard on the local news, ACHD is facing reduced revenues of approximately $8 Million. This about 10% of our total budget and a significant impact to all of our programs. I am currently working with our budget committee to identify options for reducing expenditures. I need to know as soon as possible, preferably by Friday, if the Overland Road Project is actually going to move forward. The LOC is required to guarantee the construction of the roadway. If the LOC cannot be provided shortly, I may not be able to maintain the funds budgeted for this project. Please let me know when the LOC can be provided. Thanks, Gary. Gary Inselman Manager, Right-of-Way & Development Services Ada County Highway District 3775 N. Adams Street Garden City, ID 83714 Office: (208) 387-6170 Fax: (208) 387-6393 3/3/2009 • al Mean VVbT~sho Meridian city Coundl Spy ~'~9 P Sept~nber 18, 2008 Page 3 of 88 Item 5: D®partm®nt Reports. B. Discussion on Ov®rland Road Realignment, Rountree: Item 4, community items, and wifih the change we will have Item 5-B first, discussion of the Overland Road realignment and is somebody going to introduce this or a Mr. Jewett, you've got the floor, then. Jewett: Jim Jewett, 1560 Carol Street, Meridian, Idaho. For the record, I will be pro Meridian tonight. De Weerd: Thank you. Jewett: Okay. I appreciate the opportunity to come in front of you tonight to discuss the Overland realignment and how the agreement with the city, with ACRD, and me is working out. I'll give you a quick update of where we are, This is a recap of how we got to where we are today. A few years back I e you know, I submitted South Ridge and during the submittal process the city went forward with some char-ettes that determined whether the realignment of Overiand Road was appropriate to fix an intersection at Ten Mile and Overland. I was called into those meetings and I found it very appropriate and agreed to be a willing participant with ACRD and the city in that realignment. Since that date we have gotten South Ridge approved with that realignment. We have got ACRD to recognize the realignment, added into their flue year work CIP, so it could be a funded project in the -- for an impact fee agreement that we have since entered into with ACRD. Currently the plans are a hundred percent complete for construction. The right of way plans are within a day of being completed and sending them back to ACHD so they can finish their final acquisition for non-developer owned properties, so that the notice to proceed can go forward. The components that involve the city were the sewer and water lines that went into Overland. The sewer line was previously approved by the city and the credit agreement impact of a reimbursement agreement was entered into. The water line is the outstanding -the last outstanding issue. With the cooperative agreement with ACHD, they have agreed to waive all of their fees associated with right of way and inspection fees having to construct that in the spirit of the cooperative agreement. Also, as long as the water line is built as part of that project there would be no right of way fees charged for that. So, what I'm asking of the Council tonight is to recognize the cooperative spirit of both the agreement between the city and myself and ACRD and waive your inspection fees for the water line. With that I would stand for any questions. Rountree: Any questions? Any comments from Public Worics first? Barry: Mr. President, Madam Mayor, Members of the Council, we want to provide just a little bit of information with regard to Mr. ,lewett's request. The sewer trunk line associated with the project he was just mentioning has inspection and plan approval or plan review fees on the order of $11,045.37, which were paid on September 4th of 2007. The water trunk line with the first and second review and QLPE was approved on Meddlan C Coundl Spedal Meeting V~p ~Y September 16, 2008 Page 4 a196 6/20J08 and there was an invoice on June 10th of 2008 in the amount of $9,582.35. It, too, was paid on June 25th of 2008, so -and, then, there are some outstanding sewer and water main stubs review and inspection fees on the order of $962.40, making the total for the project thus far $21,590.19. $20,627.72 have already been paid. So, if Mr. Jewett was to have fees waived, then, there would be a significant portion of that, obviously, which would be refunded to him. I think the question for -- of the day is whether or not the Council believes that the project that Mr. Jewett is discussing with you tonight is that of a cooperative project with the city and should be treated like an ACRD project. If that is the case and the Council so determined, then, the Public Works staff would recommend treating this as we would an ACRD project and, thus, waiving the fees. So, we just need your direction and approval if that is your direction to waive fees in order to do that. So, with that we will stand for any questions. Rountree: Any questions of Mr. Jewett or Tom? Zaremba: Mr. President'? Rountree: Mr. Zaremba. Zaremba: Just so I'm clear, it's only the fee that's waived, not the inspection; right? It still gets inspected. Bany: Yes, sir. It does get inspected. Just the fees for plan review and inspection. Zaremba: Okay. Barry: Thank you. Rountree: Further comments, questions? Jewett: One point of clarification. The two previous payments that were made for the fees were, in fact, paid by the contractor, not by me. One of them 1 -- you know, unknown to me and that was the latter two. They were both paid by Brown Construction. So, I would be asking that we reimburse to him, not to me. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I would say that I have been enthusiastic about the realignment of Overland from the very start, participated in the same chanette where I advocated that this realignment happen and I do feel like it's a cooperative agreement between us and ACHD and the developer and contractors and everybody thaYs in there. I appreciate Mr. Jewett's willingness to step up and consider the realignment and realign his project around it. I - I don't know if there is any other discussion, but I would make the motion that we approve the waiving of the inspection fees as a cooperative agreement. Meed Wop Meridian City Council SP~~ ~9 September 18, 2008 Page 5 of 96 Rountree: I need a second. Bird: Does that include reimbursement? Zaremba: l beg your pardon? And refund of fees that have already been paid in that relation. Bird: To Brown Construction. Zaremba: To Brown Construction. De Weerd: To the appropriate party. Zaremba: Maybe I shouldn't have made the motion. 1 should have let someone else do it. De Weerd: You're doing fine. Zaremba: All of those elements are included in my suggestion. De Weerd: Does staff have further coaching? Rountree: So, I have a motion to refund the fees paid and waive the remaining fees for the sewer and water installation on the Overland realignment, payment to be made to Brown Construction. Do I have a second? Rountree: I will second it to get the motion out. Rountree: Okay. Moved and seconded. Any discussion? I have a question for Jim. Our concern all along is that we get this done and we get it done before we have Ten M'sle interchange in place and we get it done before we start looking at either subdividing along the interstate or on the ridge. What assurance can you give us that it's going to be done anytime soon? Jewett: Councilman Rountree, obviously, we haven't - we haven't started phase one of the subdivision yet. The residential market is in such a state that bringing on a whole lot of residentia{ isn't the most prudent thing. We do have some commercial sales that we are focusing on that Overland is the component that makes those work. That's why our focus has been getting those plans approved. Really, the need and the reason for this request is just to make sure that we count every penny that's out there. Banks are tight right now, we have a commitment, and we need to make sure that we stay within that commitment and this commitment from this Council will help assure that we stay on task. Right now I talked with my banker just before I came over here to make sure that the question was asked, the timing. You now, right now we are about two weeks away from issuing the letter of credit to ACRD for them to issue the notice to proceed, once Meridian City Coundl Sp~tai Meeting W~fcshop September 18, 2008 Page 8 of 96 :~ those right of way plans have been reviewed and approved and the bridge will go on, that's the first component of the construction is the bridge. It will go forth as soon as the water comes out of the canal, with, hopefully, finishing right around Thanksgiving or the first week after. We are, essentially, shut down for the winter until March 1st and, then, AGHD let's us get in there and we still anticipate having it done by June 1st. Hoaglun: Mr. President? Question - I'm not sure ff this is to legal counsel, to the Public Works, or maybe a fellow Council member, but I just want to be sure I understand the basis of what an ACRD project is versus a city project, that would warrant the -the no payment of these fees or the re#unding of these fees in this case. Jewett: I can try to answer that for you. When ACRD brings a project forward in the city, the city takes the utilities on themselves. The other scenarios were the developer takes the utilities on for this own project. The difference with South Ridge is South Ridge is a very large master planned community. The phase one that we have approved is way on the east end where there is already infrastructure. The Ten Mile alignment goes a whole mile to the west where we are not planning anything. So, our development is way ahead of our own need and with ACRD putting it in their five year work CIP, it would either be built by ACHD within the five years or I can build it now under an impact fee credit agreement where they pay me back through impact fees. So, all I'm doing is moving that timing up, like Councilman Rountree states, to make sure we get it done ahead of Ten Mile, instead of behind. Hoaglun: Okay. Thank you. Bird: Mr. President? Rountree: Mr. Bird. Bird: Jim, if I understood you right, in June of'09 you will be completed? Jewett: That's with the realigned section. The section that's existing will probably be built over the summer and fall of next year. The realignment's the first part that -- Bird: The realignment from Ten Mile back down to where you're going to tum off at Overland will be done by June of'09. Rountree: We are going to hold you to that. Bird: We are going to hold - we are going to put your foot to the fire. Jewett: Our agreement with ACRD is 40 weeks, so - Bird: Okay. Mr. President? Rountree: Mr. Bird. Meridian C Council Spedal Meeting wdTkshop ~Y September 16, 2008 Page 7 of 96 C~ Bird: I don'fi know if we have ever done something like this before and this is - 1 hope we are not setting a precedent that we -- some Council gets turned upside down with. But !believe to get that in in a timely manner, because, hopefully, Ten Mile is going to be done and we have got Mr. Jewett's sworn testimony that it's going to be done June of '09. De Weerd: Sworn testimony. We will hold you to it. Bird: So, I can support it that way. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I would add that I believe there is an additional incentive, the - as liaison to the fire department l know they are trying to build Fire Station Six, at least buy the property for it, and that is adjacent to the new realigned Overland section and I'm not absolutely certain, but I believe the fire department asked that in that agreement to buy, that the fire department not pay until the road is there. Jewett: That is correct. Zaremba: So, there is an additional incentive to get it done. Rountree: ~ Madam Mayor. De Weerd: Mr. President. I guess I would also take Councilman Bird's comments to heart and ask that if this Council does vote to reimburse the fees, that the - or the intent is confirmed and a letter is drafted by our attorney to really define what makes this project different from others, so we really aren't setting a preceden# on these kind of partnerships. We have partners up in the north -north Meridian that have done intersection improvements that we haven't reimbursed fees to and we need to be able to really delineate what the difference this project carries and the significance of the road project and the significance of the investment as well. So, maybe it is also in light of ACHD agreeing to waive their fees. Certainly if you get two agencies to agree to waive their fees maybe that is a once in a lifetime happening. So, I guess that would be my cautionary comment and just making sure that we can make -make -separate this from maybe similar type of projects that might come back. Bird: Mr. President? Rountree: Mr. Bird. Meridian City Coundl Special Meeting Workshop September 16, 2008 Page 8 of 98 ~~ I Bird: The second would like to see if the maker of the motion would agree. I'd like to see the time limit put on June '09 completion -- put in the motion or it would be revisited by the Council. Zaremba: The maker of the motion agrees. Bird: Second agrees. Rountree: Okay. Again, we have an amended motion. Any further discussion? Barry: Just so staff are clear on the motion, we are referring to the refund of $20,627.72 already paid, as well as a waiving of the $962.45 outstanding and the -and all future assessed - or all future plan review and inspection fees associated with this particular component, but not interior plats or any of that. Bird: That's right. Rountree: That's correct. Barry: Okay. Thank you. De Weerd: Mr. Chair? Rountree: With the caveat of being done by June 9th or June '09 and, FF not, we will revisit, depending on the outcome of the motion. Madam Mayor. De Weerd: 1 guess we want to also make clear that these are for fees the city collects. I don't think we can make a commitment on behalf of our building inspector or building official or anything like that. So, do want to make that statement on the record. Nary: Mr. President? Rountree: Mr. Nary. Nary: Mr. President, Madam Mayor, Members of the Council, so is your anticipation that we are going to have an agreement with Mr. Jewett and what happens in June of '09? I mean revisit doesn't -- that's not an enforcement tool. Are you saying in June of '09 if this isn't completed you revisit and Mr. Jewett will repay us back the 21,000 dollars that we have reimbursed him? Is that what you would like to see in an agreement? Bird: I would. Rountree: The maker of the motion is that what your intent was? Zaremba: I guess the choice would be to withhold the payment until that date or go ahead and pay him and expect to be -get it back if it's not finished by that date. I'm - Meridian Cf Council Spet~al Meting WoTR§hop September 16, 2008 Page 9 of 96 L'~J Nary: There is certainly great incentive if you withhold to June of '09, but that's up to you. I'm just - I think -- I just want to be clear. If we are going to have an agreemen#, I -- we need a mechanism for enforcement and if it's just that you're going to revisit, there is really no mechanism to do anything. If you want that the agreement that Mr, Jewett is going to commit to is that he's going to return that 21,000 dollars, then, 1 can certainly prepare an agreement that says that. Zaremba: If the thrust is that we should pay them back soon, then, I would say there should be some kind of a sun setting clause in there that says that the waiving of the fees is no null and void if pavement is not completed by June of'09. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess in fairness to the applicant, too, it has to be circumstances under his control. You know, if there is an unforeseen circumstance, which we certainly have experienced some of those in construction projects, we would want to make sure that it -- it's quantified that if that incident was of his making, we would have the discussion on whether those funds would need to be reimbursed to the city or not in June of '09. If it could be termed something like that. Hoaglun: Mr. President? Rountree: Mr. Hoaglun. Hoaglun: I just want to comment. I agree with those comments, that these are things under his control, but at the same time if we are waiving the fees in this instance where, basically, if we had not paid them and they were waived, there would be no payment and then -- in June. So, my expectation is that they would be paid back to him and, then, in June if there was an issue, then, we can revisit that and detem~ine the course of action at that point in time. Now, what the lever is I'm not sure, but, hopefully, he will be able to accomplish what his goal is and make that happen, so Rountree: Given the discussion, I would entertain a new notion that tries to wrap up all of the things that we have talked about, if the maker would like to do that. Zaremba: Let's try this -- De Weerd: You want to withdraw your motion first? Zaremba: Yes. Let me withdraw the previous motion. Bird: Second agrees. Meridian Ctty Coundl Spedal Meeting whop September 16, 2008 Page 10 of 86 Zaremba: Okay. Mr. President, I move that we approve the repayment of inspection fees already paid and the waiver of fu#ure inspection fees that would normally be paid for the water and sewer installation in the realigned portion of Overland Road. Payment actually to be made to Brown Construction Company. With the additional agreement between the applicant and the city - I'm sorry. And the basis for making that waiver and refund is that this is seen to be a cooperative project that would actually be done by ACRD, except that the applicant is offering get it done sooner and, then, with the additional agreement that if the pavement is not completed on the realigned section by June, that we may reconvene and reconsider whether to continue the waiver or ask for the inspection fees back. Rountree: Do I have a second? Barry: Madam Mayor? Hoaglun: I'll second that. Rountree: Discussion? Tom. Barry: Mr. President. Mr. Zaremba, I just wanted to make sure that we were clear. Did you want only inspection fees or plan review and inspection fees for water and sewer'1 Zaremba: I only heard inspection fees, so I didn't realize - did I miss something? Barry: They lumped them all together. De Weerd: It was plan review and - Zaremba: Then, the plan review as well. Including the - Rountree: Mr. Hoaglun. Hoaglun: Second concurs on that Rountree: And a question for the maker of the motion. The June date was June of'09. Zaremba: June 2009. Yes. Rountree: Okay. Zaremba: That was the intent. Rountree: You have heard the motion. There has been a second. Any further discussion? Meridian Cliy Council Spedal Meei~ng V~3Rcshop September 16, 2008 Page 11 of 96 Freckleton: Mr. President, just one other point. Mr. Zaremba, you said paving is complete and I assume you meant the project would be complete to ACHD's satisfaction, whatever the plan may include, could be curb, gutter, sidewalk -- it wasn't just paving. Zaremba: Yes. I would include that in there. Where I was going was to make sure we weren't just talking about the pipe being buried. Freckleton: Right. Right. Zaremba: The road is completed to ACHD's satisfaction is a better way to put it and I would include that in the motion. Freckleton: Great. Rountree: Second concurs? Hoaglun: Yes. Freckleton: One last thing. I'm sorry. Rountree: Bruce. Freckleton: And that also inciuded all future fees that would be charged associated with this project. Plan and inspection fees. Zaremba: As I understood the request and the intent of my motion was that it would only apply to the realigned portion of Overland. Freckleton: Correct. Zaremba: And not future fees on any other parts of the project. Freckleton: Correct. Zaremba: Is that what you -- Freckleton: Just future fees that are associated with the realignment of Overland Road, not South Ridge Subdivision. Zaremba: On the other parts of the project or even other parts of Overland. Just the realigned portion. Freckleton: Correct, Meridian C CouncU S edal Wo~§ho ~Y P M~n9 P September 18, 2008 Page 12 of 86 C Rountree: Which you included in your motion, so -- any further discussion? All those in favor of the motion - by roll call, Jaycee. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. It®m 4: COMMUNITY ITEMS/PRESENTATIONS A. Updat® from P®tra on New City Hall Building. Rountree: Good luck in Kuna. Next Item on the agenda is the update from Petra on City Hall. Gene. Bennett: Thank you. My name is Gene Bennett. I'm with Petra, 1097 North Rosario, Meridian, Idaho. Madam Mayor, Members of City Council, you have before you the report for the 1st of September. I will briefly review the executive summary for you. On the schedule we are racing to the finish line. Punch lists have been done. We have two weeks left to complete those punch items that are on the punch list and, then, we have two weeks to let the air blow through the building, so that it will satisfy the LEED requirement. We are still scheduled at - for a silver LEED on the project. Budgetwise -- the budget remains as established back in December. There are no changes there. With that, the financials -- Tom is not here tonight. Financially, if you tum to section four, you can see that the financials remain the same. Percentagewise, the project buildingwise is 94 percent complete and that has sense changed in the last two weeks to we are really done at this point with the building. The plaza is about halfway completed at this point, concretewise and paverwise. We have started excavation on the new parking lot to the east to the gas station. We have submitted all of the requirements as of yesterday that ACRD has requested and so we are off and running on the east parking lot. With that I will tum ifi over to Jack, superintendent, for a brief review on sch®dule and, then, to Nick on the LEED. Thank you. Vaughan: Mr. President, Madam Mayor, Members of the Council, Mr. Bennett, Gene, pretty well completed our schedule and we are racing to the finish line. Many of you have been in the building in the last week or so, you have seen how we are progressing. It's looking pretty good. I don't really have anything to add. He gave a pretty quick overview. I would be willing to entertain anything you have on the schedule. We have got a little bit of painting left, which is, basically, stairs, which we intentionally held off, because of the amount of traffic going up and down. We are punch listing. A little bit more cabinet -miscellaneous cabinet things to install and we are just «~nsolidating the punch list as it's come in from all the engineers and architects and getting it out to all the trades on almost a daily basis, checking that list off and going on with the project. I will be happy to entertain any questions on the overall schedule or the site schedule or the schedule on the east parking lot. February 27, 2009 MERIDIAN MDA 09-002 CITY COUNCIL MEETING March 3, 2009 APPLICANT T.T.S. Developments, LLC ~~ ND 8 REQUEST Public Hearing -Modify the Development Agreement for Woodbridge (Instrument ~ 1 X06602) - 3a5 S. Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See AtFached Staff Report 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 aNached Comments See attached Comments Contacted: Date: _ Phone: Emailed: Staff nl itials: Materktls presented a# pubec meetings shill become properly of the City of Meridian. • February 27, 2009 MERIDIAN CITY COUNCIL MEETING March 3, 2009 APPLICANT ITEM NO. 9 REQUEST Amended Ordinance No. 09-1394: Design Review Ordinance AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See aRached Contacted: Date: Phone: Emgiled: Staff Initials: Materials presented at public meetMgs shall become property of the City of Meridian. • • CITY OF MERIDLAN AMENDED ORDINANCE NO. 09-1394 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN AMENDED ORDINANCE AMENDING TITLE 11 OF THE MERIDIAN CITY CODE REGARDING ZONING AND SUBDIVISION REGULATIONS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE RELATING TO ADOPTION OF A NEW ADMINISTRATIVE DESIGN REVIEW PROCESS AND ASSOCIATED IMPLEMENTATION PROCEDURES FOR DESIGN REVIEW; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian to provide for orderly growth and development and to carry out the policies of Meridian's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 11, Unified Development Code, of the Meridian City Code is amended to read as follows: Section Pro osed Text Chan e 11-2A-3G Roof Design: All residential dwelling structures shall have a pitched roof not less than three feet (3') in height for each twelve feet (12') in lengthAlternative roof designs for attached single-family duplex townhouse and multi-family residential dwelling structures ma be a roved throw h administrative desi n review. Table 11-2B-3 DIMENSIONAL STANDARDS IN THE COMMERCIAL DISTRICTS _ Dimensional Standards ~ C-N _ _ ~ C C ' C G L O -- M-E i H E ~ ~- • ~ ~ + 11 QA 70 f :~'rr ~ ' }I}~i~ `~n•v~ta.urv-fe~ ~ ~ t _.. ( 3 W~V I `~/~ ' '~ ~.~ 't :} ~. C~ ±0 A 11-2D-3C Street And Pedestrian Systems: 1. Street Layout: The street system shall be primarily based on a grid with connections to the existing street system. Street svstems shall be consistent with uUC; uRDINANCERMENDMENT-DESIGN REVIEW Page 1 of 11 • C~ J section B-1.2.3. Street Networks of the City of Meridian Design Manual 2. Block Length: No block face shall have a length greater than five hundred feet (500') without a dedicated street or alley, or no block face shall have a length greater than sever six hundred feet (600') without a pedestrian connection. This standard may be varied for site design constraints or hardship considerations through the alternative com liance rocess as set forth in section 11-5B-5 of this title. 11-2D-4B Number Of Stories: Minimum number of stories for new construction is two (2) and/or as set forth in the Ci of Meridian Desi n Manual. 11-2D-4D ,nd..,~+~~.,n necinn On„io,.r 4~R':`Ign re~iio~.i in ~+nnnrr+ ~.ii+h +hn nrnnerl~ ern e.e+ fnr+h in nh nt '~d " en"~, naTn~~s#-rati~} , t3} +h; n n , ~ n n e n „ f , 11-2D-5E n~ni~+r,+i.,o ,+c~i„ns, , _,G ,~ ~rzoiyn rn~iie~.i in .+nnnri+ ~.ii+h +ho rnnei+~ ire nn+ fnrFh in nh ni r C ~~~~ + -..+. ~~ ..i' ~ a' ~~~ ~~ ~ ' +h i~ +i~ QtF vt n n 3 At-i~~ Ic^-,~de~et-meef #~e e~~ri i t~ a i I - - a-- n Ie ee 9n 9~;,~;.T~ s~ se ~~ ~~ +;+ 11-3A-19 STRUCTURES AND SITE DESIGN STANDARDS: A. o.- L~rnn ~++n ~n+~ ~re~ ..u uvav.vT hrnn n+n ~n+~ ~re~+ ~.nr) nre.~+n .+++r.+.+4i.... r....J....+-i..... .. ...:at.. o ~ UDC ORDINANCE AMENDMENT-DESIGN REVIEW Page 2 of 11 • rcMi:i.~~ of +hic~ ~en~i~n• AI rlic~l~rin~• rrvr.-rcrrv~ 7 A II ~4n ~n~~ ~rc~c~ .. n.+}cr 4h~n ion ~hn~ ~~.~nr1 /'1 !1 fl(1(1\ sn~ u+re foc4 in +he 1 /'1 .J' • ' + r ~ \ e ~ ^~ ~ t afld ~:. ~ tl~e~ The following minimum standards shall apply in addition to the detailed guidelines as set forth in the Citv of Meridian Design Manual: 1. Architectural Character: a. Facades: Buildings facades visible from a public street or public space shall incorporate modulations in the facade, including, but not limited to. Tee#fir ~e~sses gad-projections, recesses, and step-backs that articulate wall planes and break up building mass ale~a-a minim~~~ ^f f~..nnfii nornor.4 MI10/ \ of +he ler,..+ti f ~h f a Facades shall be modulated and articulated in accord with the City of Meridian Design Manual. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) b. Primary g~lis Entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. c . ~ , 0 . , ~A d-: Rooflines: Roof design shall provide variations in profile through modulation and/or articulation in accord with the Citv of Meridian Design Manual including but not limited to the following: 1) overhanging eaves; 2) sloped roofs; 3) two (2) or more roof planes; 4) varying parapet heights; and 5) cornices. ed. Pattern Variations: Architectural building design shall not create blank wall segments along public streets and/or adjacent public spaces Architectural elements including, but not limited to, windows, awnings and arcades shall have n+ l°~~+ +,.,,, ~~~ color, texture and/or materials to miticiate blank walls. UDC ORDINANCE AMENDMENT DESIGN REVIEW Page 3 of 11 • #e. Mechanical Equipment: All ground level aid-fes#tep mechanical equipment shall be screened to the height of the unit as viewed from the property line. All rooftop mechanical eauipment shall be screened as viewed from the farthest edge of the adjoining right-of-way. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005; amd. Ord. 08-1372, 7- 8-2008, eff. 7-8-2008) 2. Color And Materials: a. Exterior building designs shall demonstrate the appearance and use of high quality materials, including, but not limited to, stone, brick wood or other natural materials tinted or textured masonry block, textured or architecturally detailed concrete panels or stucco or stucco like synthetic materials. b. Smooth faced concrete block, prefabricated steel panels and/or vinyl are prohibited as finish materials but may be approved as accent materials in accord with the City of Meridian Design Manual. c. Un-textured concrete panels are prohibited as finish and/or accent materials 3. Parking Lots: No more than seue#y ~ percent (~50%) of the total off street parking area for the s~s#~re site shall be located between #~Ie-#re-~t building facades of and abutting street , 4. Pedestrian Walkways: a. A continuous internal pedestrian walkway that is a minimum of e~#t five feet (~5') in width shall be provided from the perimeter sidewalk to the main building entrances for non-residential uses. The walkway width shall be maintained clear of any obstructions. such as vehicles, outdoor sale displays, vending machines, or temporary structures. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Unobstructed ~Fwalkways at least eigf+t five feet (~'5') in width, shall be provided for any aisle length that is greater than one hundred fifty (150) parking spaces or two hundred feet (200') away from the np •marv building entrance. d. The walkways shall have weather protection (including, but not limited to, an awning or arcade) within twenty feet (20') of all customer entrances. BB. Alternative Compliance: If 1) the location of existing buildings or structures prevents UDC ORDINANCE AMENDMENT-DESIGN REVIEW Page 4 of 1 l Meridian Design Manual or 2) strict adherence to the such standards and/or guidelines would create inconsistenc in the design objectives of the proposed development the director may consider an alternative desian proposal through the alternative compliance provisions as set forth in section 11-56-5 of this title The director may approve, or recommend approval of, such an alternative compliance proposal +p-assert ~ds#ra#+e~-", ^{ +h~,,,° +~-~;c when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this section and the City of Meridian Design Manual and is sgatl not fie-detrimental to public health, safety, and welfare. 11-3B-2 APPLICABILITY: A landscape plan shall be required for the following: A. All development, redevelopment, additions, or site modifications except detached a~ armed single-family and secondary dwellings ;~•/^ f.,^„~\/ I"~11^~e~e ...+ + \A/D~~IY\P\ I IF\1~'C ~~, lam. ~-GR i1Tp• B. All common lots in all subdivisions. C. All applications for a conditional use permit (CUP), preliminary plat (PP), final plat (FP), certificate of zoning compliance (CZC), administrative desian review (DES) or tanned unit develo ment PUD . 11-3C-5A7 qll parking areas shall provide on site turnarounds,_or connections through to adjacent parkins areas or streets in accord with the Meridian fire department standards for all off street parking spaces and loading facilities. 11-4-3-2766 The parking shall meet the requirements set forth in chapter 3, "Regulations Applying To All District", of this title, and shall be in accord with the Citv of Meridian Design Manual 11-4-3-27C4 Unless otherwise approved through the conditional use process -Scommon open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet (4') in height, with breaks in the berm or barrier to allow for pedestrian access. 11-4-3-27E1 All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to, windows, bays and offsetting walls, in accord with the Citv of Meridian Design Manual ~h..+ ^.,+e^,~ .,+..-_.~~± +,./^ f^e+ ~~~~..e ^ ~ ,, ,, ~, „Q , 11-4-3-27F1 Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying To All Districts". of this title_ an~i Gnau hp ~r, arrnrr-~ u/i+h +ho /'`Ch...i UDC ORDINANCEAMENDMENT-DESIGN REVIEW Page 5 of 11 Meridian Desian Manual. 11-5A-2 D. Design Professionals Committee• The Desian Professionals Committee a group of design professionals selected from the general area of the Treasure Vallev shall convene to offer recommendations to the Director on administrative desi n review matters. Members of the Committee shall be licensed architects or landsca a architects. The Committee shall be comprised of no more than five (5) and not less than three (3) members and shall meet as needed by the director E. Summa Of Actions And Authori :. 11-5A-2C g. The director may convene a committee of design professionals to provide recommendations on the interpretation and application of the guidelines contained in the City of Meridian Design Manual The Committee may also review and make recommendations on alternative com liance re uests related to administrative desi n review. The director shall review and act on recommendations from the Committee and shall issue a final determination. 11-5A-2C1c Withhold any certificate of zoning compliances or administrative design review approvals on any property where structures or uses are in violation of this unified development code; and TABLE 11- DECISION MAKING AUTHORITY AND PROCESS BY APPLICATION 5A-2 _~ ~~ _ Decision Making A lication ~~ .::--.•pp ,~_ __ _.__ Recommending Body..._ _ Body....... ,_Pr~ ocess .......... _.. __ ccessory use, home occupation None D N with customers clients, and/or employees _.... _ _.. Administrative desi n review None or Design ____ p A Professionals Review Committee or None 11-5A-4 ADMINISTRATIVE PROCESS: UDC ORDINANCE AMENDMENT-DESIGN REVIEW Page 6 of 11 s ~ A. For purposes of this section "parties of record" shall include the applicant property owners of record within one hundred feet (100') of the exterior boundary of the application property and any person who in writing spec~cally requests such status as to a particular application B. Where the process specified by Table 11-5A-2 is administrative with public notice 1. Prior to submittal of an application the applicant shall hold a neiahborhood meeting in accord with section 11-5A-5(C) except that notice of such neiahborhood meeting shall be provided to all property owners of record within one hundred feet (100') of the exterior boundary of the application property 2. Upon submission of a complete application The Planning Director shall review such application and shall• a. Prepare a final decision of denial which decision shall be supported by written findings of fact and conclusions of law in accord with Idaho Code section 67 6519: or b. Prepare a final decision of approval which decision shall be supported by written findings of fact and conclusions of law in accord with Idaho Code section 67-6519 and shall set forth any and all conditions of approval 3. The Planning Director shall provide to the applicant notice of the final decision 4. The Planning Director shall provide to parties of record notice of the final decision and notice of the opportunity and time within which to seek city council review of such decision pursuant to section 11-5A-6 C. Where the process specified by Table 11-5A 2 is administrative• 1. Upon submission of a complete application The Planning Director shall review such application and shall• a. Prepare a final decision of denial which decision shall be supported by written findings of fact and conclusions of law in accord with Idaho Code section 67 6519: b. Prepare a final decision of approval which decision shall be supported by written findings of fact and conclusions of law in accord with Idaho Code section 67-6519 and shall set forth an and all conditions of approval• and/or c. Convene the Design Professionals Committee to provide recommendations on an administrative design review application and/or an alternative compliance request related to an administrative review application 2. The Planninn I7irarttr~r ~h~u .,~.,.a,~„ +,. +~......_~:___~ __.__ ... .. UDC ORDINANCE AMENDMENT-DESIGN REVIEW Page 7 of 11 11-5B-16 Applicability: These provisions apply to all reauests for permits that involve construction extenor alterations and/or the establishment of a new use. These rovisions do not a f to tenant improvements where the footprint of the existing structure is not enlarged These provisions do not apply to °~^nl,~,~ f~~a~~ .+.., II• single family detached dwellings and/or secondary dwellings • , .~. ,.,Ie„ ,J~.,ellinne. ~~ 11-56-5 TABLE 11-5B-5 ALTERNATIVE COMPLIANCE __ _. _ ~_ ---- - _ _ __ _ Permit j ESection -- __ Structures and sife ~g design review standards ; X11-3A-19 11-5B-562 e. The proposed design includes innovative design features based on "new urbanism", "neotraditional design", or other architectural and/or site designs that promote walkable and mixed use neighborhoods; of f._The proposed architectural and/or site design demonstrates consistency with the City of Meridian Design Manual• or g. Additional environmental quality improvements would result from the alternative compliance UDC ORDINANCE AMENDMENT-DESIGN REVIEW Page 8 of 11 modifies the site approved conditions and/or the requirements in this title and/or the City of Meridian Design Manual 5. Administrative design review shall not apply to interior tenant improvements C. Process: 1. For proiects reauirina conditional use approval the applicant shall submit a written application for administrative design review concurrent with the conditional use application. 2. For proiects reauirina only certificate of zoning compliance approval the applicant shall submit a written a lication for administrative desi n review rior to or concurrent with the certifcate of zoning compliance application 3. An application and fees in accord with article A "General Provisions" of this chapter, shall be submitted to the director on forms provided by the planning department. 4. The director shall a I the standards listed in Section 11-3A-19 and the uidelines as set forth in the City of Meridian Design Manual to review the administrative design review request. 5. The administrative design review approval shall *"° ^^ns~-€~its-le ep#~ifl nrl nnmry~°ni.° nnnc~4n tn4i i f ~^~TC°ccr} be exercised with the approval penod of the underlvina permit or the approval shall expire For example if the underlvina permit is a Conditional Use Permit the desi n review a royal will ex ire ei hteen 18 months after approval. D. Required Findings: In order to grant approval for an administrative desion review the director shall determine that the ro osed structural and/or site desi ns conform to the standards and meet or exceed the intent of the Ci of Meridian Desi n Manual. Section 2. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Amended Ordinance shall be in full force and effect on ~ 2009. UDC ORDINANCE AMENDMENT-DE.STrN RFVrFw Page 10 of 11 • • PASSED by the City Council of the City of Meridian, Idaho, this of y 2009. APPROVED ~ ~" by the Mayor of the City of Meridian, Idaho, this ~ day of 2009. APPROVED: Mayor T de Weerd ATTEST: ```\~~~, ,~-r~~~,,,~~~,,i `-CiO Tcc~ By: ~ (~ - .~~ ` 0 Jaycee L. Holman, City Clerk ?~'.y~ GsT ~~.~ '~°' ~O`,`~: ,,~ y L, `oP ~~. UDC ORDINANCE AMENDMENT-DESIGN REVIEW Page 11 of 11