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HomeMy WebLinkAbout2009-11-24~E IDIZ IAN, ~J CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 24, 2009 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Brandon Wilding with the Church of Jesus Christ of Latter Day Saints 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Art Purchasing Agreement with Mark Davis for Art in Public Spaces for aNot-to-Exceed Amount of $1,500.00 B. Professional Services Agreement with M.D. Willis, Inc. for Stenographic Services for Fiscal Year 2010 C. Professional Services Agreement with Alta Planning for Rail With Trail Action Plan Follow Up for aNot-to-Exceed Amount of $3,460.00. D. Interagency Agreement for Ongoing Landscaping Maintenance of the Interstate-841Ten Mile Road Interchange ITD Project E. Agreement for hook-up to City of Meridian's Sewer/Water System outside the City limits with White Clouds Investment, LLC. F. Consultant Agreement with Safety Enterprises, Inc. to Provide Safety Services to the City of Meridian, for aNot-to-Exceed Amount of $27,600.00 moved off of Consent Agenda to Item 7F G. Budget Amendment to the FY2010 Budget to Incorporate Energy Efficiency Block Grant (EECBG) Funds Meridian City Council Meeting Agenda -Tuesday, November 24, 2009 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Budget Amendment requesting authorization to purchase flue (5) additional personal computers for the Public Works Department with FY2010 budget savings from the Computer Replacement Fund. I. Open Purchase Order to buy Water Meters and Meter Transceiver Units (MXUs) from United Pipe and Supply for aNot-to-Exceed Amount of $765,000.00. J. License Agreement with Nampa ~ Meridian Irrigation District for flush line discharges into Evans Drain, Finch Lateral, Hardin Drain, Eight Mile Drain, and Five Mile Drain. K. License Agreement with Settlers Irrigation District for flush line discharge into Settlers Southside Canal L. License Agreement with Ada County Highway District (ACRD) for flush line discharges into ACRD storm drain facilities. M. Change Order #1 to original contract dated June 2, 2009 with Challenger Companies, Inc. for Idaho Power conduit installation and relocation of an eye wash station in the Well #27 Pump House for a Not-to-Exceed Amount of $664.21 N. Change Order #1 to Heroes Park-Phase 3 (Construction) Original Contract Dated July 28, 2009 with Hillside Landscape Construction for aNot-to-Exceed Amount of $3,380.00. added Change Order #2 with same contractor for $9,015.00 for a total approval amount of $12,395.00 O. Task Order #10138 with CH2M HILL for the WWTP Air Quality Permit engineering and design pursuant to the Master Agreement executed on December 12, 2006 for aNot-to-Exceed Amount of $23,975.90 P. Task order #10060A with Brown and Caldwell for the reclaimed water booster station and reservoir project development and request for proposals pursuant to the Master Agreement executed on December 12, 2006 for aNot-to-Exceed Amount of $7,500.00. Q. Task Order #1008A with DC Engineering, Inc. for the Tertiary Filter and DAFT Retrofit SCADA Programming pursuant to the Master Agreement executed on December 12, 2006 for aNot-to-Exceed Amount of $22,000.00. R. Findings of Fact and Conclusions of Law for Approval: AZ 09-006 B1: Request for Annexation and Zoning of 5.2 acres from RUT (Ada Meridian City Council Meeting Agenda -Tuesday, November 24, 2009 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 8881433 at least 48 hours prior to the public meeting. County) to R-4 (Medium Low Density Residential) zoning district for B1 by B1, LLC located east of Jericho Road,'/4 mile south of Chinden Boulevard, approximately 650 feet west of Locust Grove Road S. Task Order #10127 to Master Agreement dated June 11, 2007 for Infiltration and Inflow Monitoring engineering services with Murray, Smith ~ Associates, Inc. (MSA) fora Not-to-Exceed Amount of $23,552.00 T. Development Agreement: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from RUT and R1 Zoning Districts in Ada County to the C-G Zoning District for Overland Village by Cameron S- Sixteen Retail, LLC located at 3330 E. Overland Rd. U. Order of Conditional Approval in the Matter of the Application for City Council Review of the Director's Decision and Subsequent Request for Reconsideration of the City Council's Decision for a Portable Classroom Structure at Paramount Elementary School, Located at 550 W. Producer Drive, in the Southeast 1/4 of Section 25, T.4N, R.1 W. V. Development Agreement for Instant Equity Auto, 1065 E. Fairview Ave. 6. Department Reports A. Public Works 1. Update on Professional Services Contracts Approved a. Professional Services Contract between Harold's Electric Company, Inc. and the City of Meridian for Electrical Inspection Services and Electrical Plan Review for structures constructed within the City. b. Professional Services Contract between DMH Enterprises and the City of Meridian for Plumbing Inspection Services and Plumbing Plan Reviews for structures constructed within the City of Meridian. c. Professional Services Contract between RIMI, Inc. and the City of Meridian for Mechanical Inspection Services and mechanical Plan Review for structures constructed within the City of Meridian. Meridian City Council Meeting Agenda -Tuesday, November 24, 2009 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's OfFce at 888-4433 at least 48 hours prior to the public meeting. d. Professional Services Contract between Whitman 8~ Associates and the City of Meridian for Building Inspection Services and plan review for structures constructed within the City of Meridian. e. Professional Services Contract between Greene Fire Protection and the City of Meridian for Fire Inspection Service and Fire Code Plan Review B. Clerk's Office 1. Appeal of the City Clerk's Denial of Temporary Use Permit Application 09-063 by Pat Raymes with Meridian Ice Gardens Motion Upheld Clerk's Denial 7. Items Moved From Consent Agenda Item 5F moved to Item 7F. Tabled 8. Action Items A. Open Public Hearing and Public Comment Period for PY2008 CAPER B. Public Hearing: Meridian Crossing AZ 09-008 by James Zeiter located at 1085 S. Ten Mile Road: Request for Annexation and Zoning of a total of 115.26 acres consisting of 48.59 acres to the C-C zoning district; 27.27 acres to the H-E zoning district; 22.57 acres to the M-E zoning district; and 16.83 acres to the R-40 zoning district Continued to December 8, 2009 C. Public Hearing: Cavanaugh Ridge by Affinity Bank located at 4275 S. Locust Grove Road Approved 1. RZ 08-005: Request for Rezone of 91.09 acres from R-4 to R-8 zone 2. PP 08-010: Request for Preliminary Plat approval for 255 residential building lots and 27 common area lots on 91.09 acres in a proposed R-8 zoning district 3. MDA 08-003: Request for Development Agreement Modification to include updated project information 4. VAR 09-006: Request for Variance to UDC 11-6C-3F to exceed the maximum block length allowed in residential district for Blocks 7, 12 and 14 Meridian City Council Meeting Agenda -Tuesday, November 24, 2009 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888433 at least 48 hours prior to the public meeting. D. Public Hearing: Market Square by TJ Brown located at Northeast Corner of N. Eagle Road and E. Ustick Road Approved 1. MDA 09-003: Request for Development Agreement Modification to update the overall site development plan 2. VAC 09-001: Request for Vacation of a public domestic water and sewer easement depicted on the Smitchger Subdivision North Plat E. Bayside Taylor Commerce Park Subdivision FP 09-007 by Tealey's Land Surveying -1100 W. Taylor Avenue Approved 9. Ordinances A. Ordinance No. 09-1434: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from RUT and R1 Zoning Districts in Ada County to the C-G Zoning District for Overland Village by Cameron S- Sixteen Retail, LLC - 3330 E. Overland Rd. Approved 10. Other Items A. Executive Session as per Idaho State Code 67-2345(1)(c) - to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency 67-2345(1)(b) - (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student): 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): Into Executive Session at 9:06 p.m. Out of Executive Session at 10:35 p.m. Adjourned at 10:35 p.m. Meridian City Council Meeting Agenda -Tuesday, November 24, 2009 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting November 24, 2009 A meeting of the Meridian City Council was called to order at 7:03 p.m., Tuesday, November 24, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Sonya Wafters, Bruce Freckleton, Brent Bjornson, Jeff Lavey, Tracy Basterrechea, Mark Niemeyer, Steve Siddoway 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: Good evening. I will go ahead and call this meeting to order and thank you all for being with us tonight. We are privileged by having some students from Centennial High School with us and appreciate their teacher for recognizing the importance of coming to these boring meetings. I also see a young member in our audience as well, so welcome to you, too. For the record, it is Tuesday, November 24th. It's a few minutes after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item No. 2 our Pledge of Allegiance. Tonight we will be led in the pledge by Jill Lynn Hopkins, Mandy Bradshaw, and Michelle Christensen. If you will all rise and if these girls will come forward and join them in the pledge. (Pledge of Allegiance recited.) De Weerd: And thank you, girls. I do have pins for you. Thank you so much. And I do have to write them a letter, because I do think that deserves extra credit in class, so that will be part of the public record as well, so you can show that to your teacher as well. Item 3: Community Invocation by Brandon Wilding with the Church of Jesus Christ of Latter-Day Saints. De Weerd: Okay. Item No. 3 is our community from invocation and I don't know who we have joining us this evening. If you will, please, come forward and maybe introduce yourself. Meridian City Council November 24, 2009 Page 2 of 47 Wielding: Sure. I'm Brandon Wielding. I'm with the Church of Jesus Christ of Latter- day Saints. De Weerd: Thank you so much for being here. I would invite you all to join us in our community invocation or take this as an opportunity for a moment of reflection. Thank you for being here. Wielding: Father in Heaven, we are grateful for the chance to meet as a city this evening. We are grateful for those who serve in the various capacities of public and community service. We pray that thou will guide their decisions tonight. We ask thy Spirit to be with us and to guide the leaders of our community in a manner that will be in the best interest of the various members of Meridian. We are grateful to be in such a blessed community and ask that thou will continue to prosper and bless us and we say this in the name of thy Son Jesus Christ, amen. De Weerd: I would also like to offer you a City of Meridian pin for being here with us tonight. Item 4: Adoption of the Agenda. De Weerd: Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: There are some adjustments to make on the agenda. Let me run through them. Under the Consent Agenda, Item 5, number 5-F has been requested to move to paragraph seven, where we will have some discussion about it. Item 5-N actually should be two change orders. Change order number one as written and change order number two in the amount of 9,015 dollars, which means the total for 5-N for the two change orders is 12,395 dollars. There has been a request to add an Item 5-V, Victor, to the Consent Agenda. That is a development agreement for Instant Equity Auto. Then under Item 7 we have added what used to be 5-F, pulled from the Consent Agenda. For everybody's information under 8-B, the public hearing for Meridian Crossing has been requested to continue to December 8th. We will do that. We will not hear it tonight. Under paragraph 9-A, the ordinance number is 09-1434. Under Item 10 we are scheduled to have an Executive Session. We need to add a couple of details to that. Published was Subsection C. We need to add Subsection B and a Subsection F. And do I need to read what B and F are? Nary: No. Zaremba: Okay. And with those changes I move we adopt the agenda. Hoaglun: Second. Meridian City Council November 24, 2009 Page 3 of 47 De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. A. Art Purchasing Agreement with Mark Davis for Art in Public Spaces for aNot-to-Exceed Amount of $1,500.00 B. Professional Services Agreement with M.D. Willis, Inc. for Stenographic Services for Fiscal Year 2010 C. Professional Services Agreement with Alta Planning for Rail With Trail Action Plan Follow Upfor aNot-to-Exceed Amount of $3,460.00. D. Interagency Agreement for Ongoing Landscaping Maintenance of the Interstate-84/Ten Mile Road Interchange ITD Project E. Agreement for hook-up to City of Meridian's Sewer/Water System outside the City limits with White Clouds Investment, LLC. G. Budget Amendment to the FY2010 Budget to Incorporate Energy Efficiency Block Grant (EECBG) Funds H. Budget Amendment requesting authorization to purchase five (5) additional personal computers for the Public Works Department with FY2010 budget savings from the Computer Replacement Fund. I. Open Purchase Order to buy Water Meters and Meter Transceiver Units (MXUs) from United Pipe and Supply for a Not-to-Exceed Amount of $765,000.00. J. License Agreement with Nampa Bz Meridian Irrigation District for flush line discharges into Evans Drain, Finch Lateral, Hardin Drain, Eight Mile Drain, and Five Mile Drain. K. License Agreement with Settlers Irrigation District for flush line discharge into Settlers Southside Canal L. License Agreement with Ada County Highway District (ACRD) for flush line discharges into ACRD storm drain facilities. M. Change Order #1 to original contract dated June 2, 2009 with Meridian City Council November 24, 2009 Page 4 of 47 Challenger Companies, Inc. for Idaho Power conduit installation and relocation of an eye wash station in the Well #27 Pump House for aNot-to-Exceed Amount of $664.21 N. Change Order #1 to Heroes Park-Phase 3 (Construction) Original Contract Dated July 28, 2009 with Hillside Landscape Construction for aNot-to-Exceed Amount of $3,380.00. Added Change Order #2 with same contractor for $9,015.00 for a total amount of $12,395.00. O. Task Order #10138 with CH2M HILL for the WWTP Air Quality Permit engineering and design pursuant to the Master Agreement executed on December 12, 2006 for aNot-to- Exceed Amount of $23,975.90 P. Task order #10060A with Brown and Caldwell for the reclaimed water booster station and reservoir project development and request for proposals pursuant to the Master Agreement executed on December 12, 2006 for aNot-to-Exceed Amount of $7,500.00. Q. Task Order #1008A with DC Engineering, Inc. for the Tertiary Filter and DAFT Retrofit SCADA Programming pursuant to the Master Agreement executed on December 12, 2006 for aNot- to-Exceed Amount of $22,000.00. R. Findings of Fact and Conclusions of Law for Approval: AZ 09- 006 B1: Request for Annexation and Zoning of 5.2 acres from RUT (Ada County) to R-4 (Medium Low Density Residential) zoning district for B1 by B1, LLC located east of Jericho Road, '/4 mile south of Chinden Boulevard, approximately 650 feet west of Locust Grove Road S. Task Order #10127 to Master Agreement dated June 11, 2007 for Infiltration and Inflow Monitoring engineering services with Murray, Smith $ Associates, Inc. (MSA) for aNot-to-Exceed Amount of $23,552.00 T. Development Agreement: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from RUT and R1 Zoning Districts in Ada County to the C-G Zoning District for Overland Village by Cameron Sixteen Retail, LLC located at 3330 E. Overland Rd. U. Order of Conditional Approval in the Matter of the Application for City Council Review of the Director's Decision and Subsequent Request for Reconsideration of the City Council's Meridian City Council November 24, 2009 Page 5 of 47 Decision for a Portable Classroom Structure at Paramount Elementary School, Located at 550 W. Producer Drive, in the Southeast 1/4 of Section 25, T.4N, R.1 W. V. Development Agreement for Instant Equity Auto (Legal would like to amend onto the Agenda due to the possibility of there not being a meeting on December 1St.) De Weerd: Item 5 under the Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As previously noted, Item F is removed from the Consent Agenda. Item N has two change orders attached to it for a total of 12,395. And there has been added an Item V, development agreement for Instant Equity Auto. With that I move that we approve the Consent Agenda 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 as changed. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: I would like to go on the public record in recognizing former City Councilman Shaun Wardle in his Bronco gear. We appreciate you being in the audience tonight. And I think former City Councilman Joe Borton has put you up to that, but we like to see you're a good loser. Item 6: Department Reports 1. Update on Professional Services Contracts a. Professional Services Contract between Harold's Electric Company, Inc. and the City of Meridian for Electrical Inspection Services and Electrical Plan Review for structures constructed within the City. b. Professional Services Contract between DMH Enterprises and the City of Meridian for Plumbing Meridian City Council November 24, 2009 Page 6 of 47 Inspection Services and Plumbing Plan Reviews for structures constructed within the City of Meridian. c. Professional Services Contract between RIMI, Inc. and the City of Meridian for Mechanical Inspection Services and mechanical Plan Review for structures constructed within the City of Meridian. d. Professional Services Contract between Whitman ~ Associates and the City of Meridian for Building Inspection Services and plan review for structures constructed within the City of Meridian. e. Professional Services Contract between Greene Fire Protection and the City of Meridian for Fire Inspection Service and Fire Code Plan Review De Weerd: Item No. 6 is Department Reports. Tonight we will begin with Public Works. Freckleton: Thank you, Madam Mayor, Mr. President, Members of the Council. We were wondering if this evening if we could open all -- A through E. We have some general discussion and, then, we have specific -- specific discussion with regard to each individual item. De Weerd: The floor is yours. Freckleton: Okay. Thank you. The Building Services has been collaboratively working with the legal department and our existing contract inspection service contractors for development of new contracts to incorporate several new changes. Brent Bjornson will talk about the specifics of each of the changes here in just a moment, but the contracts before you are the contracts for structural, electrical, mechanical, plumbing and fire. This was a lengthy process. We wanted to beef up these contracts. Historically these contracts have been renewed year over year with no change. We wanted to update them to be able to talk about specific ways that we are operating the department. We also incorporated several changes with regard to expectations and accountabilities and because of a lot of these changes and the length of time it's taken and the fact that we have not sought any fee increases, we have proposed that these contracts will run for a term of three years. Essentially, one of those years has already past, so these contracts will take us out two additional years. So, they will expire September 30th of 2011. Our consultants have previously served the City of Meridian for many years. We feel that this is a beneficial relationship in the fact that we have established these relationships, these contractors have established good working relationships with the building community, they are trusted and respected as partners. We have -- we have had a lot of changes over the years and these guys have rolled right along with those changes and we feel that it is beneficial for the city to offer these new contracts at this point in time. So, with that I will turn the floor over to Brent and he will give you a brief Meridian City Council November 24, 2009 Page 7 of 47 summary of the high points of what we have landed for these contracts and, then, we will stand for specific questions that you might have. Bjornson: Thank you, Bruce. Madam Mayor, Mr. President, Members of Council, good evening. There are eight changes that are consistent and appear in all five of the professional services contracts before you. I'd like to begin with the first contract on the agenda, Harold's Electric Company, Incorporated, discussing these eight changes. Again, the eight changes are boilerplate throughout all the contracts, they are exactly the same. From there I'd like to proceed into each contract discussing only the significant changes that differ from the eight and stand for questions on each contract before moving forward on the next agenda item, if that's acceptable to you. As Bruce indicated, the goal with the proposed contract changes is to continue to raise the bar in customer service, accountability, availability, and certification with our consultants. With that I'd like to move right into the first contract. Harold's Electric that's before you as the first agenda item. Electrical professional services contract. Page two down about midway, item number one, is the first change that we implemented into this contract and what that states is clarify the language in all contracts to gain enhanced field representation, safety, advertising, and public out reach. This included safety gear, clothing, business cards, photo ID, prohibition of displaying logos, graphics and advertising while representing the City of Meridian. We did that for a few different reasons. The focus was public out reach, availability, cell phone, desk phone availability, a-mail -- just to increase the customer service overall. That was the outcome of that item. Moving on to item number two, we added language to maintain and/or obtain new certification as required by Idaho Code for the type of work that's being performed. Essentially what we are doing there is following the statutes and raising the bar in some areas with certification for the type of work that they are doing for us here in Meridian. Item number three, consultant shall provide all related code materials necessary to perform services as required. If the single city copy provided is not adequate, as codes have changed every three years, the requirements for the inspectors differ greatly and we felt that providing the one copy was acceptable and that through this contract language they would provide any additional things that they needed and that translates into a savings of about 2,000 dollars every code cycle for our budget direct savings. As we move on to page three of the memo at the top, we added an appropriation clause due to the fact that the proposal before you would extend the term of the contract past the city fiscal year end. Item number five, disaster and emergency was previously pro bono, which in discussing and negotiating with the contractors for the rare times that it occurs, what they chose and wanted to do and where we landed was 75 dollars per hour. So, effectively, number eight states that previously there was no provision for compensation for inspection in this area. We have 75 dollars per hour when and if this occurs. This amount is consistent with the hourly rate provided for in the transition clause of the contracts. We have never had to exercise that and for the amount that that's really going to occur, we felt that that was probably a fair addition, being that it was pro bono before. Item number six, reporting. All contract employees will now report directly to the building planning and inspection coordinator position, which is consistent with the reorganizational structure of the Public Works Department that we went through here about a year ago or so, I believe. Item Meridian City Council November 24, 2009 Page 8 of 47 number seven, staffing levels related to plan review, inspection, and additional time spent in the office. 7-A, the contracts were changed specifically to state that all fast track tenant improvements, which we implemented at the Mayor's request, that's going great, but we effectively wanted to put this into the contract to reflect that their plan review will take no more than three working days from the time of a complete application. Again, this is for increased customer service. It's going very well. We were getting great feedback and it's just been working really well, so we are validating this here in the contract. B, the contracts were changed to specify morning and afternoon inspection requirements, effectively a.m. or p.m. Previously there was a 48 hour response time for any of the inspection calls that we took, which is consistent with the State Division of Building Safety. It's been that way for many years. Due to the customer service surveys that I have been doing out in the field, some of those results have indicated that our p.m. inspections may not be happening as we would like them to happen, so we felt that bolstering this language in this area to daily service would increase customer service, so that was the expected and -- well, that is the expected outcome there, that it either happens a.m. or p.m. The last item, number eight, performance expectations for contract inspectors. A, Exhibit B, was added to all contracts to define and provide customer service expectations that is similar to the City of Meridian's values related to customer service, accountability, respect and actual -- Exhibit B, again, reflects our core values. We wanted to put it as a staple throughout these contracts. So, with that as the very back behind Exhibit A. Then B there at the bottom, work hours, directly reflects the time spent in the office. We wanted to provide the wording that says that the time in the office shall be dedicated directly to the city of -- city business only. I think the thought process there in my mind was it's a known fact that our inspectors serve other municipalities, as well as Meridian, and private business and I wanted to emphasize accountability and efforts towards Meridian when serving our jurisdiction specifically. That does it for the eight staple changes. Again, those eight appear in all five of these contracts. Specifically, the Harold's Electric Company that we are looking at here, this contract, if you will turn to page four of four, the financial impact, there was no change here. I will just make that a point of reference and move into the next contract -- actually, before we do that, at this point I think we will stand for any questions that you have specifically to the electrical contract. De Weerd: Council, any questions of this point? Bird: I don't. Rountree; Madam Mayor? De Weerd: Mr. Rountree. Rountree: The time constraints makes reference to October 1st of 2008. Should that be 2009? Bjornson: I'm sorry, (couldn't -- I didn't hear that. Meridian City Council November 24, 2009 Page 9 of 47 Rountree: The time constraints paragraph makes reference to the period beginning October 1st, 2008. Should that be 2009? Be the sixth paragraph. Are we on the front page of the memo? I'm sorry. Freckleton: Are you looking at the contracts or -- Rountree: I'm looking at the contracts. Bjomson: At the contracts? Page -- Rountree: Well, actually, it's the time constraints paragraph that's in your -- in your memo. Page four of four. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I thought Bruce said earlier that a year of this has already run, which is why it ends in 2011. Rountree: Okay. Bjomson: Yes, Mr. President. Rountree: Okay. Bjomson: Any further questions on the electrical? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I do have kind of a general question that perhaps is directed to our legal counselor and that is I'm sure for each of these that special licenses and certificates are required, but I just wonder are we under any obligation to open this to a public bidding process and take competitive bids? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, that's a great question and cities can do that for these types of contracts. Sometimes they do. It's not required by state statute, because you still are contracting for a service and so it isn't required. But it's certainly something to consider. At some point in the future you may, as the city, choose to do that. Zaremba: Thank you. De Weerd: Do you care to comment on that, Bruce or Brent? Meridian City Council November 24, 2009 Page 10 of 47 Freckleton: Madam Mayor, Members of the Council, as I had stated in my opening, I feel that -- that the benefit that the city derives having -- having a known commodity, we -- are great. These guys have been around, they have established relationships with the building community. They are -- like I said, they are respected. They -- you know, we have shown in our customer satisfaction surveys that, you know, the satisfaction just continues to get better. We feel that the benefit of offering new contracts is there for the city. We wouldn't have to start from scratch training people up. Zaremba: Madam Mayor. I wasn't really questioning that. I'm sure they are good. I just wanted to make sure we were doing everything legal. Freckleton: Sure. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Question for Bruce to follow up on that, then. With the hourly rate, you know, they provide good service, but how do we know for the taxpayer they are getting good value in terms of the hourly rate? Was there a comparison done? I mean what -- can you give me some understanding of how you came to that hourly rate and looked at other -- other businesses, that sort of thing? Freckleton: Sure. Madam Mayor, Councilman Hoaglun, the -- the hourly rate that -- that Brent spoke of was one section of the contract that talks about disaster and -- I can't remember what it was headed. Bjornson: Emergency. Freckleton: Emergency and disaster and it's in the event that the City of Meridian experiences an emergency disaster we call these guys in, the rate of compensation would be 75 dollars an hour. Their normal compensation is based upon percentage of permits that are issued is how they are normally taken care of. Annually we do -- we do an analysis of the -- the rates that we have. The down economy, you know, we have definitely realized a great value in having contract inspectors at this point. But we will -- and it's around January that we do that analysis and we will go back and we will look at -- we will look at our -- not only our permit fees, but also the rates that we are paying for our contracted services. So, does that answer your question? Sort of? Hoaglun: Sort of. I was just curious how you came to the 75 dollars an hour for the emergency process. Freckleton: The 75 dollars an hour came from -- there is another section in the contract regarding -- I believe it's the termination clause to where if the city terminates the contract, there is a 30 day period that they stay on to train the next group of inspectors Meridian Ciry Council November 24, 2009 Page 11 of 47 that would come on and that rate was set in that paragraph of the contract and so we simply used that same rate, the 75. Right or wrong. That's -- that's how we came up with it. And it's been 75 dollars an hour in contracts as far back as I can remember, so -- De Weerd: Thank you. Rountree: Madam Mayor? De Weerd; Yes, Mr. Rountree. Rountree: Bruce, you talked about some of the performance indicators and Exhibit B talks about performance indicators and evaluation. Who is going to conduct those? The building plan inspection coordinator or -- Freckleton: Correct. Rountree: -- is that going to be you or -- Freckleton: Correct. Rountree: -- who is going to take that duty? Freckleton: No. It will be Brent. In our reorganization that Brent spoke of a year ago, the administration of these contracts falls under the building plans and inspection coordinator position. So, Brent will be -- will be doing those duties. Brent also is the one that does the field surveys. He is the one that goes out and meets with -- with contractors on the job site, doing follow up, and he tracks the permits through the process. Rountree: Thank you. Bjomson: I had one comment on the 75 dollar an hour, just to add one other thought. With the annual fees that they realize, I suppose, for lack of a better word, we could break that down into an hourly fee and come up with a number that, you know, this would probably be very close to a time and a half or perhaps a double time rate in that type of a scenario, where they are responding from out of area -- we do have two inspectors, one lives in Mountain Home, one's in Emmett. If they were to respond on a weekend or a holiday, I think this would probably cover them as well for the time that it might happen. Was there any other questions for the electrical professional services contract that we can answer? De Weerd: No. Bjomson: Okay. We will move to the second item on the agenda, the plumbing contract, then, and, again, the eight changes are still -- they are there, they are the Meridian City Council November 24, 2009 Page 12 of 47 same. The only change to the plumbing contract that I'd like to point out, so we are not going through the same material, would be item number nine, which appears on page four of five. Item number nine is a proposal to increase the percentage in the plumbing contract. You will see there at the top of the page we specified the existing amounts on how that contract holder is being paid. Basically, if you look at the bottom number, the 30 percent of the remaining permits over 200,000, what this, basically, says is that we are effectively requesting that we drop this and implement down below the existing schedule, the proposed would 40 percent -- 40 percent when the permit values hit 100,000 dollars. Our plumbing consultant has informed us that volume over 200,000 dollars is what typically kicks in the need for a second inspector. He hasn't been able to -- it's very tough to financially hire that second person when that volume gets to that level. I think we show here in FY-2009 the permit value just hit 2,000 -- or 200,198, which in the existing schedule would have been paid out 90,000 dollars -- 50 -- 90,059. The proposed schedule, with the increase, would have paid out 90,079. So, it's a total difference in the FY-09 impact would have been 20 dollars with this proposed schedule. So, the total permit fees, again, were 200,198 in FY-2009. Just depends on where we go with that in the future, if the volume is significantly more or less. Reasons to promote this would be the increase in the footprint of Meridian. Inspectors are traveling more. The plumbing consultant has not had a rate change at all to his contract apparently in ten years, as we reflect back. We have asked the inspectors in this contract to also respond to our a.m. - p.m. inspection the same day, which means they could be on one side of town in the morning and be back over in that same side of town in the afternoon. And I think the last thing would be that, really, in all of the contracts collectively plumbing, mechanical, fire, structural, and electrical, plumbing is significantly lower than all the rest and with the fuel increases and the things that -- in the economy that are happening, we feel that this is justifiable. We have presented them to Tom Bany and have been given the green light to move forward. So, with that -- again, that is the only significant change to this plumbing contract. We would be happy to stand for any questions. De Weerd: Thank you. Council, any questions? Okay. Thank you. Bjomson: Moving on to the agenda, item number three, the mechanical contract. There are no changes to this contract proposed. If you notice on page four of four, the percentages are staying the same. All eight items appear the same. If there is no further questions on this, we can move forward. De Weerd: Okay. Go ahead. Bjomson: Item -- agenda item number four, the structural contract, the only change that you will notice on this contract, on page two of four of the memo, down at the bottom we added language to maintain and obtain new certification as required by Idaho Code and/or certification for the type of work performed. We have required Daunt Whitman, building official, to obtain International Code Council Plans Examiner Certification. This certification is greater than the minimum requirement for the state of Idaho. We feel this is a benefit for the city and, basically, with the work that needs doing in plan review Meridian City Council November 24, 2009 Page 13 of 47 currently, which is tenant improvement and residential, we felt that this was appropriate to have this additional certification, again, not required by code. He currently holds and maintains the certifications that are required. So, that would be the only change to that contract. Are there any questions on this one? De Weerd: I see none. Thank you. Bjornson: And the last contract would be the professional services contract for Green Fire Protection. Page two of four at the bottom of the memo, essentially the same thing as the structural contract that we just spoke to. We added language to maintain and obtain new certification as required by Idaho Code and certification for the type of work perFormed. Essentially, Rich Jackson, the contract holder, we are asking that he maintains his current building plans examiner certification, as he is doing some subcontract work for Daunt Whitman, our structural contract holder. That's the only change to the fire contract. Are there any questions with that contract? De Weerd: I see none. Bjornson: If there are no further questions at this time, I'd like to ask for your consideration and move to approve this proposal that we have before you. De Weerd: Council, you have these contracts in front of you. What is your pleasure? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we don't have any discussion, I would move that we approve professional services contracts for Harold's Electric Company, Incorporated, for the electrical inspection services and electrical plan review for structures constructed within the city. Contract between DMH Enterprises and the City of Meridian for plumbing inspection services and plumbing plan review for structures constructed within the City of Meridian. Contract between RIMI, Incorporated, and the City of Meridian for mechanical inspection services and mechanical plan review for structures constructed within the City of Meridian. And between Whitman and Associates and the City of Meridian for building inspection services and plan review for structures constructed within the City of Meridian. And also for a contract between Green Fire Protection and the City of Meridian for fire protection service and plan -- and fire code plan review and for the Mayor to sign and the Clerk to attest on contracts. Rountree: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council November 24, 2009 Page 14 of 47 MOTION CARRIED: ALL AYES. B. Clerk's Office 1. Appeal of the City Clerk's Denial of Temporary Use Permit Application 09-063 by Pat Raymes with Meridian Ice Gardens De Weerd: Okay. Next we have Item 6-B-1, appeal of the clerk's denial. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Before it starts, I would like to make a statement before I recuse myself, that I have talked to the applicant at length. The location of this ice rink was never discussed at the location they want it now, it was all within the speedway -- inside of the speedway and seeing how I am on the board of directors, the owners of the property, I would recuse myself now. De Weerd: Okay. Thank you, Mr. Bird. Are we hearing from planning or the clerk's office or -- Holman: Madam Mayor, Members of the Council, I believe Pete Friedman is going to speak about the -- some of the denials and some -- that came from the planning department or some of the issues of why it was denied, so -- Friedman: Madam Mayor, Members of the Council, this is truly I think going to be a team effort between the clerk's office, planning, and legal, since we have all collaborated with other departments on reviewing this application. What you have before you tonight is an appeal of a temporary use permit to establish a temporary ice skating rink just to the north of the speedway -- between the speedway and Storey Park. The applicant Mr. Raymes applied for a temporary use permit to construct a temporary ice rink on the property. That permit was denied on a number of grounds. In reviewing this matter, they have been in discussions with the city on this concept of the temporary ice rink at this location and another location. We concluded from a zoning standpoint that it constituted outdoor recreation. Now, on this particular site outdoor recreation is a principally permitted use. However, the site is nonconforming as to landscaping and parking. So, under the provisions of the Unified Development Code, even though it's a principally permitted use, to establish it in a nonconforming manner would require a Conditional Use Permit, which, obviously, requires a public hearing and a time expenditure that does not comport with the appellant's desired schedule. So, that was from a --that was primarily one of the zoning considerations on it. Another concern was that the placement that we have overlapping temporary use permits on this site, because there has already been a temporary use permit issued for the sale of Christmas trees and it appeared that the placement of the rink on the parking for the Meridian City Council November 24, 2009 Page 15 of 47 Christmas trees created an overlap that we wouldn't, then, have parking for the ice rink. Other considerations that were outlined in the clerk's letter of denial were -- there would be two structures on the property when the temporary use provisions of the city code only allow one and there was some questions as to whether or not the rink actually constitutes a structure. There wasn't sufficient information provided to the building department or fire department based on that, because given the size of the rink, which is close to 18,000 square feet, the reading of our temporary use standards when the temporary use structure size, it's 700 square feet. In our discussions with the appellants we did indicate that due to the presence of the speedway and the speedway is considered an outdoor recreation use, if they were to put the rink inside the oval, if you will, inside the track, kind of as an umbrella under the existing outdoor recreation, that we would really just consider it a tenant improvement, not even a CZC would be required and they could proceed and in a manner that would get them up and running consistent with their time schedule. Apparently that was -- initially we thought that that was something that could be worked out, even up until a day or two before the letter of denial was issued. We thought that might be a possibility. Primarily they thought that they wanted to get this matter before the Council and so we simply said, well, either apply for atemporary -- or apply for a tenant improvement inside the track or apply for a temporary use permit, which will, in all likelihood, be denied and, then, the appeal of that denial is probably the quickest way to get before Council. If we had done it through - say that we had done a director's determination under the Unified Development Code, that you need a conditional use and so forth, then, you run into the public hearings that we require for City Council review and that -- again, that would have pushed the time frame out. So, that is kind of in a nutshell how we got to the point we are at tonight. So, I don't know if I gave you enough information, too much information, or there is more that you need. De Weerd: Thank you, Pete. Anything needed to be added from the attorney or clerk? Nary: Thank you, Madam Mayor, Members of the Council. I would reiterate what Pete has said and I think the problematic part from legal's perspective is the CUP portion of the denial. I don't have amethod -- unless the -- if the Council disagrees with that -- I mean the Council can certainly do that, but I don't have a corresponding way to support that and Idon't -- I mean I agree with planning, it is an extension of the current use and, therefore, they should have come forward, you know, a couple of months ago and, then, to the CUP process and, then, we probably wouldn't be here. But some of the other things they appear to have addressed in this subsequent letter that's in your packet -- obviously, they need some time to be able to present that. So, I would just I guess repeat what Pete had said. De Weerd: Okay. And so, Council, in front of you is a hard copy of a letter received or dated November 18th, as well as an a-mail dated November 20th. Those are both in front of you. So, if there is no one here -- Pat Raymes. Would you like to make comment? If you would, please, state your name and address for the record. Raymes: Patrick Raymes. 11844 Chinden, Boise, Idaho. This is Ken Reed. Meridian City Council November 24, 2009 Page 16 of 47 Reed: My name is Kent Reed. I'm an architect in Boise, 2662 North 38th Street, Boise, Idaho. Been trying to help Pat make sense of some of the processes here through the CUP and the temporary use permit. De Weerd: Thank you. Reed: Thank you, Mayor and City Council. I think what we were trying to do is find a way to kind of do what we thought were two complimentary uses, the Christmas sales and ice skating rink. This has been coming together over the last few months as Pat has found an opportunity to purchase an ice skating rink that's -- basically, it's a rolled out mat that is chilled down and on a layer of sand and can be the legal size for hockey and ice skating and so he was trying to create something that was pretty festive for the holidays, ice skating, we were going have vending, some hot drinks, some pastries and, then, Christmas tree sales would only, obviously, be about for another, what, three weeks or something. So, we didn't really see them as contradictory uses, we saw them as complimentary uses. We were looking at the code and we were trying to find a way to get those to fit. The reason we were wanting to do this inside -- not inside the ring, inside the speedway, but outside is because the nature of putting this mat out and freezing the water would kind of damage the grass inside the center and, then, more importantly, the asphalt track, which is getting resurfaced right now, is going to be very slippery and it's got a slope to it and it's also got poor visibility from the street. So, we felt that after they do get the asphalt in, which I think is going to be done in the next few days or weeks, I really don't know the schedule, but when you're trying to get people over a sloped asphalt track that's just been laid and if you got ice and snow, we were really kind of fearful of some liability issues and people falling and getting hurt. So, the logical place seemed to be on the end. It had better visibility, we could surround it with Christmas trees, make it really fun. Also, more importantly, there is a little bam right there. Pat actually has purchased a Zamboni machine, so that that requires kind of a heated space to set up and, then, you roll it out and, then, you know, work the ice to get it smooth. So, having that there adjacent to this rink would be really a good way to facilitate the maintenance of this -- of this rink. So, getting it from that dairy bam onto the --onto the center of the speedway would be a lot more arduous. So, those were the main things that made us choose that area and working with the city they felt coming to the Council and talking through those issues might be the area to -- the way to go to try and resolve the conundrum. So, you know, we are looking to have something fun there. We are looking to have something that only works for 60 days. It's -- you know, it's -- obviously, we are thinking this would be a great family venue so that people can come and skate and have some hot drinks and maybe buy a Christmas tree. Obviously, this would extend about a month past the Christmas tree season. So, it only overlaps for maybe two or three weeks. We are hoping to rent skates, employ up to 20 people for this -- for this event and, anyway, we thought it would be a fun element for the City of Meridian, so -- Raymes: You might want to address the legal -- or the structure and the things you pointed out. Meridian City Council November 24, 2009 Page 17 of 47 Reed: Oh. Okay. De Weerd: I guess if you could detail the elements of your appeal. Reed: Well, in the letter that we sent out it does have some answers to some of the issues that they brought up. We did feel that we were accommodating parking in the new asphalted area that's shown on the diagram, which has just been recently paved. We really don't view the ice rink as a structure. I think that if you look at something that's only a few inches above grade and is, basically, just something that's frozen and you can skate on it, there is really no forces acting on it. There is -- there is no life safety. There is no, you know, egress, there is no structure, other than, you know, the fact that it's sitting on the ground. There is no lateral forces. I mean there is -- the permitting and the building department elements are -- seem evasive -- you know, elusive to me, because it's, basically, just a surface on the ground that people can skate on. The only structure that we are asking for is the one that is a small trailer to -- for a caretaker for the Christmas trees and that's -- that's the only structure we think is actually what you might consider something that needs actually a permit or permission to put there. The rest Ithink we -- we covered in our letter. The time frame we don't -- we don't think will -- we don't wish to extend past 60 days. So, whenever we can actually get approval for this, we can -- we need several days to set this up and, then, we don't feel we would be extending past 60 days, by the end of January, so -- and, then, removal is simply rolling the thing up and, basically, taking any sand that might be left over away. So, there is really nothing constructed. You lay a bed of sand down and you lay this rink down and you -- your freeze the water with a chiller and you're off skating, so -- De Weerd: Council, did you have any questions regarding this, to kind of help with this -- Zaremba: Madam Mayor? Not the subjects they have covered, but, parking, how would you assure that your patrons didn't take up our parking space in the city park next to it? Reed: I don't know if we can actually rope off the city park, but we have parking designated in all the area that's been paved for the -- for the speedway itself, which is several hundred spaces. And we have got the area fenced off currently where the -- the whole gravel area is going to be, basically, inaccessible. So, that whole north side where the rink is and the Christmas trees will be sold is not where people can park. We are going to be guiding them towards the paved parking behind the arena -- or the speedway. Zaremba: I didn't catch all of that. What's currently used as a pit for the speedway, that's where you're planning the -- Meridian City Council November 24, 2009 Page 18 of 47 Raymes: That's correct. The pit area has now been paved. They just had a project where they finished it off and I think there is over 200, if not more, spaces just in that pit area. Zaremba: All right. Reed: And they are paving the track itself. Raymes: I think the track is done, but you're right. Zaremba: Thank you. Hoaglun: So -- Madam Mayor. The red arrows, then, indicate the entrances on that diagram? What do those red arrows indicate? Raymes: Correct. The arrows are the gate. That's afenced-off section where they have (believe -- I think -- I have been told that this is where they have carnivals and nut feeds or whatever they -- fireman's feed. A lot of events happen in that space. But we are going to fence it off, so we can have access control for just patrons and not vehicles. Vehicle use. Hoaglun: So, then, if I might continue, Madam Mayor. For the Christmas tree lot, someone wants to buy a Christmas tree, will they also park in the -- in the paved pit area or is that -- they can park along -- along that drive there -- I mean they park, they come out, pick their tree, you load it, they leave. If you're going to be there longer they will park over here for skating? Raymes: Correct. The Christmas tree lot has already been issued a permit and there is a loading zone, which is right in the entry coming off of Main and that will allow them to load and unload Christmas -- load I should say Christmas trees. As the tree sales go away and the rink starts coming in, that will change and we will close that gate off and, then, they are only going to use the pit area. Hoaglun: Thank you. De Weerd: Mr. Rountree. Rountree: Madam Mayor. The existing already provided temporary use permit is in your hands as well? Raymes: I was told today from the clerk's office that I can pick up my tree permit. Rountree: Okay. So, you are the applicant for both? Raymes: I am the applicant and a different business, yes. Meridian City Council November 24, 2009 Page 19 of 47 Rountree: Okay. So, what you're proposing is that the -- the parking lot area would have a fenced off driveway from Main back to the pit area and there would be no vehicular access into -- into that triangle, if you will. Raymes: Only emergency access will be allowed. Rountree: Do you have any erosion control built into that? Because when you melt the 18,000 square feet of water it's got to go somewhere and it's not just all going to go into the ground. Raymes: Correct. There is a process behind the ice itself. On the erosion control for the lot, there has been placed now for the tree farm. As far as when we are done in -- was it February 1? The whole thing's in a containment system, which we just vacuum the water right out of it and it goes away in a -- it trucked off to storm systems. It's -- you know, it's just regular potable water. But that is the -- it doesn't just erode into the land. We, actually, recover it. The Zamboni also cuts the ice down and it turns it to snow, which is moved away into a melting pit. So, you're only talking about three-quarters of an inch of ice that's going to be melted. Rountree: With respect to the Zamboni and the proximity to your proposed rink site, at least Boise's proved that theirs can get to Dairy Queen, so -- Raymes: It's funny you brought that up. This is the Zamboni that went to the Burger King. Rountree: Or the Burger King. Raymes: Or the Burger King. This is the actual Zamboni. I purchased it from the city, so -- it's kind of an interesting story on that. We have restored it. De Weerd: Council, any other questions? Hoaglun: Madam Mayor, I have a question for Pete. On a nonconforming use, you said this was a permitted use on a nonconforming site and the reasons for that were the parking lot design and the landscaping and help me -- I'm trying wrap my head around like a temporary use permit for selling Christmas trees, do they -- I mean trees requiring landscaping is kind of an oxymoron, but when we have temporary use permit requirements is landscaping part of that now? Friedman: Madam Mayor and Council Members, Council Member Hoaglun. No. Temporary use regulations are codified in a different section of the city code. I believe it's in Title 4. The landscaping requirements, which are contained in the Unified Development Code, are more for -- intended for permanent development and businesses to establish in the city. What makes this kind of unusual is while the race track is an outdoor recreation facility as defined by our code, as is the ice rink, I mean that was our determination. If you read the definition for outdoor recreation it falls right Meridian City Council November 24, 2009 Page 20 of 47 within that. But the ice -- the speedway in itself is nonconforming due to the fact that there -- it's an entryway corridor and it should have a landscaping street buffer adjacent to Main Street and it should have parking that is striped and landscaped in accordance with the code. So, to expand that onto this site, the code recognizes that there may be instances where you would want to extend a nonconforming use and under a nonconforming use section the code does incorporate landscaping and parking as a nonconforming use. So, in order to do that it would be through -- the Conditional Use Permit is the vehicle to do that. And so when we were approached with -- well, first -- yeah. When we were approached with this we did some scratching our heads and, then, went into the code and finally concluded that it meets the definition of outdoor recreation, but to put it on this site would, in fact, an extension of the nonconformity of the race track, therefore, it requires a conditional use, which, then, has its own timeline for hearings and such. Hoaglun: I think I got that. Thank you. Friedman: You're welcome. Holman: Madam Mayor, Members of the Council, can I bring up a point? I pulled up the site diagram for the Christmas tree lot and it conflicts very much with the site diagram for the ice rink. I show the approved application that you have showing the parking right where the ice rink is, that a sediment trap will be put in over on this other side here. No parking on the back area. So, my question is, I guess, for legal, we approved this Christmas tree lot already. Would this site diagram and all of the sign-off happened with this, so how do we handle an approved permit that's now changing, if we approve this second one? Or -- I guess that's my question. I saved a copy of it on the public drive and might see if Pete can bring that up, if you want to see the diagram for the Christmas tree lot or does that have any bearing on this? Nary: Madam Mayor, Members of the Council, it does have great bearing on it, there is already an approved permit, where this would, essentially, supercede that. So, the Council and -- if the Council wants to grant this, then, we are going to have to address the other one, because it may end up causing the clerk's office, then, to revoke the other one, because there is no longer parking and they are going to have to reapply, because they can't have it both ways. I mean that's the problem is you're, essentially, wanting to use the same space for two different purposes at the exact same time and that's the temporary use permit that's in front of you and, again, I think there is still the issue of the conditional use that planning is saying is required under the code, because this isn't any different than if -- whoever wants to extend that recreational use out into that area, has to bring it up to code and that's - or it's required to go through the conditional use process and that part isn't really part of your appeal, I mean that -- really, your appeal is just of the temporary use that was denied and there is still a question as to what happens with the conditional use question that planning has raised, because in the code there is no appeal. If the director determines you need a conditional use, there is no appeal of that decision to the Council, you go to the Meridian City Council November 24, 2009 Page 21 of 47 Planning and Zoning Commission, because that's -- that's the people who make the decision of conditional uses is the Planning and Zoning. Reed: Madam Mayor? De Weerd: Yes, sir. Reed: Thank you. And Council. We have been trying to figure out how to process this for quite some time and we have to admit there has kind of been a disconnect between some of the messaging we have been getting from the speedway and, then, obviously, the information we have been getting from the City of Meridian. So, we put together an application for a temporary use permit for a tree and, then, we started to work on how to get the rink approved, since we wanted it there, but we were told we couldn't get it there. The speedway people were saying it should work. It should work. You shouldn't have a problem. But we weren't sure what would happen if we started putting it together. We wanted to go through the process -- obviously this process is becoming complicated, so we also have the second site plan that we submitted and -- showing the parking, showing the intent of a rink located where .we have got it in that AutoCAD graphic. This is, obviously, more of a hand sketch. So, that's a second application and that second application was denied, because that was the route that -- after talking with Planning and Zoning, would be the best way to get it in front of a voting body to determine how we can possibly proceed, because, obviously, a Conditional Use Permit would take a lot longer and the whole ability for us to actually create this venue during the winter holiday would be gone. So, therein lies the problem. The conditional use is too lengthy of a process for us to process this in any sort of a timely manner and have something of a Christmas holiday ice skating rink and it would -- we just wouldn't have that opportunity. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: What you were speaking to is the diagram we are looking at? Reed: That's what we have a temporary use permit for. That's what we have to sell Christmas trees with and, then, we submitted a second temporary use application, because after talking with Planning and Zoning they suggested, well, if you do submit another temporary use application outside of the speedway, we will deny it and, then, we will put you on the agenda for City Council in a week it can be determined how to proceed from there. So, that's an autoCAD drawing of the site plan with the speedway and the ice rink and the Christmas trees and the emergency access is the current application in front of you tonight. Rountree: Madam Mayor? De Weerd: Yes. Meridian City Council November 24, 2009 Page 22 of 47 Rountree: Question for counsel. And what you just said, Bill, was that~the -- there is no provision in the ordinance and there is no mechanism for Council to act on an appeal on a decision about a Conditional Use Permit applicability? Nary: In my review I don't find it. Now, Pete, am I incorrect? I don't see an appeal of that decision for a CU except to the body that would make that decision, which is the Planning and Zoning Commission, not the City Council, and I may be missing it, but I'm not seeing that in looking at the code. So, you have -- the problem is you have two different things here. This temporary use in a different location would be in front of you if it was denied. If this was applied for in a place that would allow it to be there without the conditional use requirement. The conditional use is a different wrinkle and that's my only concern. In reviewing the code I don't see an appeal process, except to the body that makes the decision and in the Conditional Use Permit it's the Commission. Friedman: Madam Mayor, Council, not to contradict Bill -- the only other way -- and, again, the end results would be the same, being before this body, would have been for them to seek a director's determination and our determination would have been that this is outdoor recreation, it requires a Conditional Use Permit, because of the nonconformity of it and, then, if they chose to take issue with that, they could request Council review of that determination, very much like we did recently with the construction hours over on the Ten Mile project. Again, the issue in that is that Council review is a public hearing, so we would have been into -- there would have been a time element, there would have been costs and so forth. So, Mr. Reed is correct, when I spoke with Mr. Raymes last week I said, you know, here are your options, go inside the speedway, we will consider it a tenant improvement and so forth, or if you truly want to get this before the City Council, really, the only way to do that is apply for a temporary use permit, it will be denied. You can, then, appeal that denial. So, that's how we amve here tonight. He choose the second path. Nary: Madam Mayor, Members of the Council, I mean even though -- to take Pete's reasoning, if we were to treat this as a director's determination and appeal, then, they still have to have notice and a public hearing. They can't do that tonight. That's not what's in front of you. So, you still have the conditional use problem of wanting to put this in this location that at this point the planning director has determined requires a CU. Hoaglun: Can I ask some more questions here? De Weerd: Yes, Mr. Hoaglun. Hoaglun: Still trying to -- the site is a nonconforming use. Does that include to where they have the fence, the parking lot, is that all -- the speedway site, does that include that parking area where they are going to have their Christmas tree lot? Friedman: It would, Councilman -- Madam Mayor, Council Member Hoaglun, Council, it would include that, because we would be expanding the outdoor recreation into that Meridian City Council November 24, 2009 Page 23 of 47 area and because the entire area is nonconforming as to our landscaping standards, that triggers the necessity for the Conditional Use Permit. Hoaglun: Okay. And, then, Pete, to follow up on that, I just want to be sure I understand why it's okay to put it inside the speedway. Is that because that's the recreational site itself, as opposed to being outside in the parking lot, although it's still nonconforming, because the recreational site, that's part of the nonconforming area, but because it's outside of that particular recreational use, so the fact that it's still part of the nonconforming lot doesn't exempt it from -- okay. Friedman: Madam Mayor, Council Members, Council Member Hoaglun, that pretty much is it in a nutshell. Our determination was you go inside that oval, that's an existing outdoor recreation. It's just -- instead of cars going around in circles at this time of year we would have skaters going around in circles. So, you really are under the umbrella of the existing outdoor recreation, so you're not really -- you're not extending that use out onto the property. So, even though the site is still nonconforming as to parking and landscaping, the activity is actually occurring within an area that presently exists. Hoaglun: But if they race in the parking lot, then, we can say -- no. Never mind. Zaremba: Madam Mayor? De Weerd: I just think that as these ordinances are written it's hard to contemplate every single application that we can get. This didn't contemplate this particular type of request and that's why it's been very difficult to try and nail it down into where is the most appropriate body and process to consider it to get you an answer and I guess it would have been less of an issue if this process would have happened months ago, but that's why we are here today. Mr. Zaremba. Zaremba: I was just going to make a clarification for some of the people in the audience who may not understand nonconforming uses and that is the -the owner of this property, which is the dairy board and the consistent user of it, which is the speedway as a lessee, have been there for quite awhile. A few years ago we changed our Unified Development Code and changed some of the landscape ordinances and that's how this becomes a nonconforming use. The non-official term is grandfathered. They get to continue using the property the way they were before the law was changed, as long as they don't ask for something different on the property, and where we run into a problem is this appears to be asking for something different on the property than the speedway use and that brings up the fact that it doesn't qualify under the grandfathering for the nonconforming. Just as a feeling, I know for at least ten years people have been saying we need to have an ice skating rink somewhere in Meridian and I applaud your effort to make that happen, even on a temporary basis. The difficulty comes when we try and figure out how not to make the laws apply to it. I'll have to say I sure would like to see it go inside the oval and that would make life a lot easier for a lot of people and not screw up what was already approved for the temporary use for the -- for the tree sales. Doesn't help, but that's a comment. Meridian City Council November 24, 2009 Page 24 of 47 De Weerd: Council, any other questions of the appellant or of staff? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Apparently the way the application was made it -- it in itself is not a temporary use, because of the timeline they established, it has to be 60 days or less. So, that -- that's easily corrected I'm sure. It doesn't make the conundrum we have in terms of trying to figure out how to either make this work or deny it. I haven't heard in opening that makes it a straight forward decision on our part, without having to have some kind of a public involvement, public hearing process. I have a couple other concerns. You talked about concessions, sales, vending, and rentals and a minimum of 20 folks out there operating this activity, as well as the tree sales out of one small trailer and I'm not sure how I understand that all is going to work and it seems to me that the next thing we will see it will need a tent and some space for storage of rental equipment and that sort of thing. So, tell me about what your real plans are. Raymes: Yes. Madam Mayor, Councilman Rountree, the -- the existing dairy buildings are part of our lease with the track and we were going to use those buildings for those concessions. There is about 3,000 square feet of covered space that will be used for the skate rental and to get on and off the ice in a heated environment where there is, you know, just some, you know, blowers or heaters in there so they can stay warm and, then, get in and off. The longer building, which is another couple thousand feet, that's just for storage of the Zamboni and any of the dry supplies or the skate rental itself or -- when we are not there. So, to answer your question, there is no other buildings necessary to operate a temporary rink. I have seen other rinks operate around the country, I have been on these rinks, and they have less space and they are in much bigger cities than this, you know -- you know, the Rockefeller Center and the San Jose at the Palms. They do them on the beach down in LA. They use much smaller, you know, buildings, as you say, or temp to set up skates and some hot chocolate. That's basically what we are trying to say here. If that answers your question. Reed: So, we are not asking to extend anymore structures -- the only structure we would like to place on the property would be the small trailer for the caretaker at night to oversee the trees and make sure nothing gets stolen or -- and a place to have a small office there. So, that -- we don't feel like we are exceeding the -the temporary use permit with any structures, because we are using the one that's there, which -- which gave us reason to put the ice rink on that side, because it was so well set up with that structure. We just really couldn't see how a conditional use, given the nature of the property, would be required - I mean my understanding is that -- as it's been alluded to, there has been carnivals and, obviously, speedway activities and Fourth of July events and all sorts of things here and it just seems like this was hand in glove with the activities that go on with the -- with the speedway and having the ice rink located at that end of the property, it seems hard to understand that it wouldn't be any different than Meridian City Council November 24, 2009 Page 25 of 47 any other location and given the facilities that are so perfectly suited to this. The gravel parking lot is ready made to be leveled and added that rink and, then, the facility -- the bam for the Zamboni and the concessions and the visibility and the fact that, you know, getting people through the -- the track -- over the track and into that center area is a bit of a precarious and dangerous sort of request. We just thought this was a natural location for that and it's all one property, with a lot of different types of activities and we were hoping this would be a real complimentary inclusion. Thank you very much for your time. Rountree: Thank you. De Weerd: Okay. Council? Hoaglun: Madam Mayor, can I ask Pete another question? De Weerd: Please. Hoaglun: I like the concept. I mean we are doing something that brings people into Meridian. If this were at a different location -- I want to make sure I understand the process. I keep looking for cracks, see if there is something we can make work, but probably not. If we were to do this in another location, could they do it under the temporary use application if it's for 60 days or would it still require a conditional use requirement at a different piece of property? Friedman: Madam Mayor, Council Member Hoaglun, Council Members, I can give you a qualified answer on that, because it would depend on the location. It's entirely possible at another location that is zoned appropriately where outdoor recreation is a principally permitted use. If they had a site where maybe they had already land -- you know, it was large size and already landscaped or something like that. Like, for example, Roaring Springs. Then, the Conditional Use Permit wouldn't be required. There are certain zoned districts in the city where outdoor recreation is a conditional use, there are others where it's principally permitted. For example, it is principally permitted in the C-G zone as located here. So, if they were to set it up in the location where you had already conforming landscaped parking areas, for example, and it was a principally permitted use, then, yeah, it can be located there. Hoaglun: Okay. Thank you. De Weerd: Mr. Rountree. Rountree: Thank you. Either for Pete or Bill or both. I'm completely confused at this point in terms of the activities that occur on that site and whether they have been permitted in the past and, if not, why not. Or if they have been permitted in the past, how. It seems to me there is a number of uses that occur on that site that are not related to the speedway's activity. Everything from salmon barbecue to a carnival to Meridian City Council November 24, 2009 Page 26 of 47 Christmas tree sales and car shows. So, help me understand why we are where we are. Friedman: Madam Mayor, Council Members -- Mr. Nary's pointing at me. I wish I had a mirror, but I will handle that one. Actually, we are both going to point at the clerk in a moment. It's my understanding that things like the carnival, the salmon barbecue and things like that, fall under yet another permit, which is a special event permit, as opposed to the temporary use permit. Nary: Right. Friedman: So, I hope that provides some clarity, as opposed to muddying the waters a little bit more. Rountree: So, I guess -- Nary: Special events are 14 days or less. Friedman: Yeah. Nary: And so that's -- that's how those other events qualify under this city clerk sales -- outdoorsales, temporary sales, mobile sales unit, special events. Rountree: Okay. Thank you. It helps. Well, it doesn't, but it helps me understand, anyway. Nary: It explains why there is a difference. The other thing, in looking at this and I'm not sure if Mrs. Holman can answer this, but what I thought I heard the applicant say was they were -- they have a 700 square foot unit and -- but they are going to operate vending out of the buildings that are there? And under the temporary sales unit you can't use some other building, except it has to be -- you get one building, 700 square feet. That's all you can use for a temporary sales unit. And maybe I misunderstood that, but that's what it sounded like their testimony was, is they want to use the other buildings for vending and the 700 square foot for just their Zamboni and under our ordinance you can't do that. You get one building per temporary sales unit. Is that correct? I mean that's the way I read it. It says under our city ordinance it shall be unlawful to utilize more than one structure in the operation of a temporary sales unit and the temporary sale unit structure may be 700 square feet. Holman: Madam Mayor, Members of the Council, that brings up another section of letter that -- the denial letter in which it says that their application for the ice rink, it does not describe the structural dimensions of the proposed ice rink. The fire and building departments are unable to assess whether the ice rink structure as proposed would be constructed in conformance with applicable fire and building code provisions or within the 700 square foot limitations of Meridian City Code, Section 3-4-3, which reads in relevant part: It shall be unlawful for any structure utilized in the operation of a Meridian City Council November 24, 2009 Page 27 of 47 temporary sales unit to be more than 700 square feet. In a previous iteration of this proposed temporary use application, which was temporary use 09-054, the ice rink was proposed to be a structure of approximately 18,275 square feet, which would exceed the code's limits. More information is required in order to make this determination conclusive, I guess. There is a question as to whether the ice rink I guess is considered a structure. Zaremba: Madam Mayor? De Weerd: Yes. Mr. Zaremba. Zaremba: I guess I would add to my comment that while I would like to see this kind of thing happened at some time, I'm not sure it's right to be rushing. Unfortunately, this winter will be over fairly soon -- hasn't even started yet. But it will be over and I wonder whether there is some bugs we ought to try and work out and hope the applicant would be interested in doing this a year from now, perhaps inside the speedway or not in conjunction with an already existing CUP. Some of the other things that I wont' about, that I know we have been assured that nothing can go wrong with all that water, that it would never melt and escape the -- the thing, but the city owns a park right next to it that is a lower elevation. Westem Ada Recreation owns a swimming pool right next to this that is a lower elevation. And if there were ever a thaw and -- I mean the equipment fails and there is warm days and it thaws and all the water does escape, I think the city and probably Westem Ada Recreation would want to have some -- what do you call it -- insurance or indemnity that this activity on somebody else's property isn't going to damage our property and those are things I'm not sure we can work out tonight. Doesn't mean I don't want this to happen, I'm just not sure it should happen this year. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Usually at this point we have either found a way to work around our rules and regulations and come to some general consensus or in this particular instance it appears that we are stymied at every angle. I'm not opposed to the concept. I would really like to see it go inside the speedway, inside the oval, and move forward. I see no other way around this at this point and I would make a motion that we uphold the city clerk's denial of this temporary use permit. Zaremba: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Hoaglun: A brief comment, Madam Mayor. Yeah, I wish there was a way we could do this. If -- I mean a couple months out we probably could have worked our way around it and done some things maybe with conditional use. I'm not sure. The timing didn't help, but, you know, I can understand their reasons for not wanting to go in the speedway, Meridian City Council November 24, 2009 Page 28 of 47 but at the same time there is some good marketing tools -- skating at the speedway. People think they get to race around the track may draw a few people in. But, yeah, I wish we could make this happen. But it's -- as the Council President said, you know, if we haven't found a way by now we are -- we are not going to -- going to be able to do it, unfortunately. So, I wish we could. De Weerd: Thank you. You know, I would like to thank staff and the applicant to -- trying to figure this out and I go back to my original comment that this is one of those things that have been difficult. to contemplate under our current code. Certainly, if you haven't been totally turned off by this process by now, we would love to work with you and hope to make it work in another location perhaps or at least in anticipation for next year. And it sounds -- although the vote has not been made yet, we would like to be a partner to your success and see how we can work with you and -- and maybe even look at our current code and see what changes we need to do to contemplate this type of use. Certainly we have to start a little earlier. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Raymes: I just wanted to say something. De Weerd: If you will just state your name for the record. Raymes: Pat Raymes. De Weerd: Thank you, Pat. Raymes: Oh, I -- coming to a conclusion here, I wanted to thank you guys for your time and -- but, you know, you guys wasted a lot of time on this tonight and, you know, there is other things to do, but this has been a lot of work for us. We have -- this is our fourth location and it has -- you know, at the 11th hour, as you say, you know, getting to this thing. I have a lot of passion for the ice skaters. I have been involved with them for the last five years and I think it would be a great thing for the city. Down the road I would like to see this put into a permanent facility. We are already actively looking for buildings, see if there is, you know, some businesses moving out, we could move into, and so to have a future of, you know, a skating rink in the city would make things a lot easier for a lot of folks that have to drive out to the Simplot facility out there, which you guys know that's a good half hour out of my day five days a week, so I'm going to pursue with it into a permanent location here into the spring, but we will consider the track. We are going to continue with the sale of the trees. If we can work something out with the speedway and it's not a safety concern, we will go ahead and use that permitted use. So, there is also some future stuff with the Kleiner Park that I have spoke with parks department and the Kleiners about maybe getting involved with doing a private-public partnership and freezing some of the ponds and getting involved out there when that park gets developed. So, there is a lot of stuff that can happen, which Meridian City Council November 24, 2009 Page 29 of 47 would be fantastic for the city and in a private relationship that -- so, we are the ones putting up the money, not the public, and we are taking all the risk. But I see that there is a win-win here. So, maybe on another time we can chat about that. De Weerd: Well, I do think it's worth continuing the conversation and appreciate your passion and your commitment to looking at bringing it to our community. Raymes: Thank you much and maybe we will see you in the speedway, so -- thank you. De Weerd: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If I may, I would throw in one other idea and that is that our fairly new Heroes Park, which is on the north end of town, it's not in the center of town, but it has an area set aside for summertime in-line skating hockey and you would be -- it's already flat. It's a paved surface, it's planned to be used for a similar activity during the summer and I'd just touch bases with our parks department and see whether that's a possibility. Raymes: I'll do that. Zaremba: Okay. De Weerd: Okay. Thank you, staff. Thank you, Council. Thanks to the appellant. Item 7: Items Moved From Consent Agenda F. Consultant Agreement with Safety Enterprises, Inc. to Provide Safety Services to the City of Meridian, for aNot-to-Exceed Amount of $27,600.00 De Weerd: Okay. We did remove an item from the Consent Agenda. Item F. Rountree: Madam Mayor, I think that particular item just raises some questions about what is it -- what are we contracting for. Bruce? Freckleton: Madam Mayor, Mr. President, Members of the Council, the contract that we have before you is for professional services for safety consulting. Approximately three years ago we entered into a contract with this same consultant to develop a safety program for the City of Meridian. We are dedicated to making our construction sites for our capital projects safe for our employer and for contractors working on those sites as well. The consultant has continued to work with us. We have had contracts over the past three years I believe it is. The -- basically, the scope of services are for the -- they Meridian City Council November 24, 2009 Page 30 of 47 attend monthly safety committee meetings with our staff. They serve as a resource during those discussions. They also attend bi-annual task force meetings and serve as a resource for discussion and review of plans that are going on there. They also conduct safety audits on all of our capital projects that we have going on. They will do site visits when our personnel are working to make sure that -- that we are following current and proper safety procedures for hard hats, the right safety equipment that we employ on sites. So, they are working with the water department. They are working with the wastewater treatment facility on any -- you know, any wells that we have going on, any new lift station projects we have going on. The constant upgrade projects that we have going on at the wastewater plant, they are involved quite heavily out there. They also, you know, make recommendations for any changes that might come as a result of those visits and there is -- I believe the contract contemplates that a minimum of two separate safety training topics will be presented each year by this consultant for our staff. There is quite a lengthy list included in the attachment A and scope of services of the different types of topics that they would cover. I don't know if that answers your question or not, but that's -- that's what I have. De Weerd: Thank you, Bruce. Any further questions? Mr. Rountree. Rountree: No. It helps me understand. Bird: Bruce, I didn't understand. You might have said it earlier, but did we -- did we competitively bid this safety thing? Freckleton: Madam Mayor, Council, I -- I was not involved in this particular one. Perhaps Bill could weigh in here. I believe it was competitively bid. Nary: Madam Mayor, Members of the Council, in looking at the attachment from Mr. Steckline, it appears they did. This is the only responder. I did just send Mr. Freckleton and Mr. Barry an a-mail, because I met a number of times with the State Insurance Fund as the risk manager and they do provide some of this service, probably not to the degree that they need it for what they are talking about specifically, so I don't know if they had any contact with the State Insurance Fund, because they are our insurer on worker's comp safety. So, they do provide some of this service, but not I think to the degree they are talking about. So, I think there is a necessity for having this and -- and I will work with Mr. Bany and Mr. Freckleton to make sure we -- you know, what things that can be done by the State Insurance Fund, we will make sure they are involved in the loop, but I do think there is a necessity to have this type of -- more extensive when you're talking about these types of projects than what the State Insurance Fund would do. Bird: Madam Mayor, follow up, please. De Weerd: Mr. Bird. Uh-huh. Meridian City Council November 24, 2009 Page 31 of 47 Bird: Bill, would you also check that -- I think in a lot of our capital bids and stuff the contractor or construction manager is required to have safety inspections at the time, because they are -- most of them are partnered up with OSHA and they have -- they have people doing this and while we pay for it one way or the other, let's don't double pay. Nary: Certainly. Bird: Other than that I -- I mean I think it's great to have, if it's not -- not a duplication on the job sites. So, I'm like Councilman Rountree, that was my one question is, you know, he explained what it was. Freckleton: Madam Mayor, Members of the Council, Councilman Bird, the -- the reach of this contract I do not believe reaches as far as the private contractor on site. This, basically, is for the coverage of our employees as they visit the sites and how they conduct themselves on a work site. I believe there is a separation there and you are correct, each -- each contractor is responsible for providing their own safety services. Bird: Follow up, Madam Mayor? De Weerd: Yes. Bird: And I think if you will read in the contracts when -- if they have got their safety people on there, they are the ones that are in charge and when we, as employees, are on that, we are guests of theirs and we are to bide by theirs. So, I do not know why we would duplicate that service. Freckleton: That is a good question. Rountree: Madam Mayor, I would make a motion that we table this item and have Public Works and their liaison get together -- Bird: And legal, too. Rountree: -- and legal on this particular contract. Bird: I would second that. De Weerd: We have a motion and a second to table this item. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. Item 8: Action Items Meridian City Council November 24, 2009 Page 32 of 47 A. Open Public Hearing and Public Comment Period for PY2008 CAPER De Weerd: Okay. This next item is a public hearing and per the Community Development Block Grant requirements this is a public hearing and comment period for the Consolidated Annual Performance and Evaluation Report, CAPER, on the 2008 CDBG program year. The hearing and comment period are scheduled through December 15th, at which time staff will be back to present the full CAPER with any comments received for Council's consideration. This draft report is available for the public review online and here at City Hall. This public hearing is open. Pete, do you have any comment? Friedman: Madam Mayor, Council Members, no. I think the Mayor has stated it very succinctly the purpose of this. It is a formality under the conditions of our Community Development Block Grant, so we are pulling together the annual performance report for the past -- for the year 2008 in terms of our program year and no action is required of you tonight, it's merely to open the public hearing, take any testimony that might be offered, and, then, leave the comment period open through December 15th, at which time, then, we will be back to you with any comments that we have received and move forward with that and that annual report. De Weerd: Thank you. Is there any member of the public who would like to provide testimony at this point? Nary: The humiliation continues. De Weerd: This is a photo opportunity as well, Madam Clerk. Rountree: That is a Vandal and a half. Wardle: Thank you, Madam Mayor, Members of the Council. For the record, Shaun Wardle, 2239 East Greiner Street in Meridian. I'm here today to provide public testimony. As a verbal contract I am required to tell you that -- of my own free will I'm about to make a statement that the Boise State Broncos rule and I have a number of reasons why they rule. The first of which would be -- we have been at this particular meeting for an hour and 35 minutes and an hour and 35 minutes into the Boise State - University of Idaho football game the game had certainly been lost by the Vandals and we are currently being dominated as they for ten years and so with that I would end my public testimony and take any questions. De Weerd: That is very relevant to this topic. Thank you. Rountree: Now that's sportsmanship. Meridian City Council November 24, 2009 Page 33 of 47 De Weerd: Wow. That's loyalty to a bet I would say. Okay. Any other member of the public wish to come and bear their soul? Okay. We will set this for December 15th, at which time we will have wrap-up remarks from staff. Friedman: That is correct. De Weerd: And I'm sure you will take that declaration from Mr. Wardle into account for our public record. Friedman: I will be sure to get that verbatim from Dean and we will tender it into the record. B. Public Hearing: Meridian Crossing AZ 09-008 by James Zeiter located at 1085 S. Ten Mile Road: Request for Annexation and Zoning of a total of 115.26 acres consisting of 48.59 acres to the C-C zoning district; 27.27 acres to the H-E zoning district; 22.57 acres to the M-E zoning district; and 16.83 acres to the R-40 zoning district De Weerd: Thank you, Mr. Borton. Okay. Item 8-B has been requested to continue to December 8th. I will open this public hearing regarding Meridian Crossing, AZ 09-008, and ask Council for a motion to continue. Rountree: So moved. Bird: Second. De Weerd: I have a motion and a second to continue this item to December 8th, 2009. All those in favor say aye. All ayes. All ayes. MOTION CARRIED: ALL AYES. C. Public Hearing: Cavanaugh Ridge by Affinity Bank located at 4275 S. Locust Grove Road 1. RZ 08-005: Request for Rezone of 91.09 acres from R-4 to R-8 zone 2. PP 08-010: Request for Preliminary Plat approval for 255 residential building lots and 27 common area lots on 91.09 acres in a proposed R-8 zoning district 3. MDA 08-003: Request for Development Agreement Modification to include updated project information Meridian City Council November 24, 2009 Page 34 of 47 4. VAR 09-006: Request for Variance to UDC 11-6C-3F to exceed the maximum block length allowed in residential district for Blocks 7, 12 and 14 De Weerd: Item 8-C is a public hearing on Cavanaugh Ridge. It includes RZ 09-005, PP 08-010, MDA 08-003 and VAR 09-006. I will ask for staff comments at this time. Wafters: Thank you, Madam Mayor, Members of the Council. The next application before you is a rezone of 91.09 acres from R-4 to R-8, preliminary plat approval of 255 single family residential building lots and seven common area lots, a modification to the existing development agreement for Reflection Ridge to include updated project information for Cavanaugh Ridge Subdivision, and a variance to exceed the maximum block length allowed in residential districts for Blocks 7, 12, and 14. The property is located at 4275 South Locust Grove Road on the west side of Locust Grove midway between Victory and Amity. Here is an aerial view of the property. A little background information on this. This property received annexation, preliminary plat, and Conditional Use Permit planned development approval in 2006 as Reflection Ridge Subdivision. The property was annexed with an R-4 zoning district, but the preliminary plat and planned development have expired. Since that time the dimensional standards for the R-4 district have changed and the previously approved lot sizes no longer meets the. R- 4standards. In order to process, essentially, the same preliminary plat, the applicant is requesting approval to rezone the property to R-8 in order to comply with dimensional standards. The only substantial change to the plat is the addition of a public street along the west boundary of the subdivision, which provides access to the landlocked property southwest of the site. Staff favors the revisions made to the plat as shown. And these are the elevations that were approved with Reflection Ridge that are part of the development agreement. So, these are what the future structures on the site will look like. And the Commission recommended approval of the rezone and preliminary plat at their October 15th, 2009, public hearing. Summary of the Commission's hearing. In favor of the application was Ashley Ford. No one testified in opposition or commented on the application. Ashley Ford did submit written testimony in response to the staff report. Key issues of discussion by the Commission was the lighting along the multi-use pathway required along the Farr Lateral, which is here at the west and south boundary of the plat. Concerns about the safety of children traveling to school on the Farr Lateral pathway. Key Commission changes to the staff recommendation was a modification to development agreement provision 1.4.2 to require a gate with a knox box entry system instead of a bamcade at the end of Reflection Ridge Drive where it connects to the public street along the west boundary of the subdivision. Modification to provision 3.9, to clarify emergency access requirements for the subdivision. And a modification to provision 4.2 to specifically require bollard style lighting along the Farr Lateral pathway. There are no outstanding issues for City Council. The planned development, which was previously approved for this site allowed for reductions to certain dimensional standards, including the allowance to exceed the maximum block length allowed in residential districts. Because the planned development has expired, approval of a variance is now required for Blocks 7, 12, and 15 to exceed the maximum block length. Because Block 7 abuts the Ridenbaugh Canal here along the northeast Meridian City Council November 24, 2009 Page 35 of 47 boundary and a stub street and a bridge connection is proposed at the south end of Block 7 right here to Normandy Subdivision, staff does not feel another connection across the Ridenbaugh is necessary. Because Block 14, here along the southwest boundary, abuts land that has a significant slope, a street connection in this area is not feasible. And, last, no stub streets to the south were provided in Cavanaugh Subdivision that's here to the northwest of this site that abuts Block 12 of the proposed plat. Requiring a stub street to be provided would not be practical, as it would not connect two a stub street from Cavanaugh Subdivision. Further, although the block length exceeds the maximum allowed connectivity is still provided between the two subdivisions at the north end of Block 12, Impression Street here and by a pedestrian pathway proposed in Lot 13 here. Just to note, the -- the print of the Cavanaugh Subdivision here is not the most current plat. There is a street connection right here. Staff supports the variance request for the afore-mentioned reasons and believes that the three findings required for a variance can be made, as stated in the staff report. The modification to the development agreement is requested to include updated project information, including ownership, project name, zoning change from R-4 to R-8, provide legal descriptions and exhibits and revised plat and landscape plans. Ashley Ford did submit written testimony since the planning commission meeting in response to the staff report. Staff recommends approval of the development agreement modification and the variance and staff will stand for any questions the Council may have. De Weerd: Thank you. Council, any questions at this time? Bird: I have none. De Weerd: Mr. Rountree. Rountree: Madam Mayor. Sonya, you talked about a stub street at the end of Block 7, I believe, that would ultimately provide a crossing of the canal. What provisions are being made for that crossing? Wafters: Council President Rountree, Councilman, Mayor, this is -- this is just a stub here. There was provisions with the Normandy Subdivision -- I'm trying to remember what they are. Just a second here and let me see if it's in my staff report. Zaremba: Madam Mayor, while she's looking, this may have come through while I was still on the Planning and Zoning Commission and my recollection would be that they were required to bond for half the bridge, adjoining subdivision would put up the rest when they developed. Wafters: In answer to that question, ACHD required a bridge connection across the Ridenbaugh Canal to be constructed as a condition of approval of Normandy Subdivision. So, that was not a requirement placed on this property. Rountree: Thank you. Meridian City Council November 24, 2009 Page 36 of 47 De Weerd: Okay. Any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: A question on the block lengths. My understanding is there is, basically, two reasons behind not wanting block lengths to get too long. One is walkability, people would move out, but also fire department requirements of what they can reach and access from place to place and I guess I would ask the fire department opinion of this variance. Niemeyer: Madam Mayor, Members of Council, Councilman Zaremba, in talking to Deputy Chief Silva he had no outstanding issues on this -- on this issue. De Weerd: Thank you. Anything further? Would the applicant like to come forward. Good evening. Ford: Good evening. De Weerd: If you will state your name and address for the record. Ford: Honorable Mayor, Members of the Council, for the record my name is Ashley Ford. I'm the principal land use planner at Rose Law Group. My ofFce address is 6223 North Discovery Way, Suite 200, in Boise. I'm here on behalf of Affinity Bank, who is the proud owner of the project, the third owner of this project. Sonya did a fantastic job of outlining where we have been and where we are now. Generally, we are just trying to get this project land titled so that we can start moving forward. The first phase -- prior to vandalism was about 80 to 90 percent constructed. We do have potential buyers for this first phase and who would like to continue to move forward. So, I think it's an eye sore at this point for the City of Meridian. It certainly is a hassle for our clients and we certainly would like to get it back into compliance. I'm happy to stand for any questions. We are in full agreement with the staff report, both for ACHD and the City of Meridian and, hopefully, we can move forward soon. Respectfully ask for your approval this evening. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none. Rountree: I have none. De Weerd: Thank you, Ashley. This is a public hearing. Is there any members in our public who would like to provide testimony on this application? Okay. Council, seeing none -- Meridian City Council November 24, 2009 Page 37 of 47 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we close the public hearing for Item 8-C. Bird: Second. De Weerd: Have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. De Weerd: Any discussion or do I have a motion? Rountree: Madam Mayor? Question for counsel. This item is broken down into four separate actions. Do they need to be separate or can they be -- the first three be combined and the variance dealt with separately? Nary: Madam Mayor, Members of the Council, Council President Rountree, yes, you can handle the first three as one and do the fourth one separately. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve Item 8-C, one, two, and three, RZ 08-005, PP 08- 010, and MDA 08-003. Hoaglun: Second. De Weerd: I have a motion and a second to approve. Any discussion? Seeing none, Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carves. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-C-4, VAR 09-006, with the reasoning and logic provided by staff. Meridian City Council November 24, 2009 Page 38 of 47 Bird: Second. De Weerd: I have a motion and a second. Any discussion on this item? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. D. Public Hearing: Market Square by TJ Brown located at Northeast Corner of N. Eagle Road and E. Ustick Road 1. MDA 09-003: Request for Development Agreement Modification to update the overall site development plan 2. VAC 09-001: Request for Vacation of a public domestic water and sewer easement depicted on the Smitchger Subdivision North Plat De Weerd: Okay. Under Item 8-D, public hearing for Market Square. I will open this public hearing for MDA 09-003 and VAC 09-001 with staff comments. Wafters: Thank you, Madam Mayor, Members of the Council. The subject properly is located on the northeast comer of North Eagle Road and East Ustick Road. The first application before you is a development agreement modification to include an updated site plan. Here is an aerial view of the property. And this is the -- the site plan on the left is the existing site development plan that is included in the existing development agreement. When the development was approved in 2004, a site plan was included to guide future development of the property. The site plan showed a detailed development plan for the southern portion of the property, which included the Lowe's store and several pads for small service commercial and retail uses. A conceptual plan was shown for the northern portion of the site that showed small service commercial retail uses along Eagle Road and a large commercial area to the east. Because a detailed plan is now proposed for the area that was previously shown as conceptual, the applicant is requesting approval to modify the development agreement to include a revised site plan that reflects existing development on the property, as well as proposed development. No changes to the text or provisions for development are requested. Staff is supportive of the proposed modification. The second application before you is a request to vacate a portion of a public sewer and water easement depicted on the recorded plat for the Smitchger Subdivision North. The reason for the proposed easement vacation is the applicant proposes to construct a building that would encroach into the subject easement area. Structures are not allowed to encroach into sewer and water easements. Approval of the proposed easement vacation would allow the applicant to construct the building as intended that would extend into this area. Here is Meridian City Council November 24, 2009 Page 39 of 47 a -- this is the recorded plat on the left here that you can see with the easement shown and, then, detail of that easement. The portion of it that's proposed to be vacated. Staff supports vacating a portion of the easement as proposed as there are no existing utilities in the easement proposed to be vacated. Development of the site will need to comply with public works and fire department standards for location of services and fire hydrants. Jessica Aguilar submitted written testimony in agreement with the staff report as the applicant's representative. Staff will stand for any questions Council may have at this time. De Weerd: Thank you. Council, any questions? Rountree: Sonya, would you put up the plat as it's being proposed? Wafters: The site plan? Rountree: The site plan. Yes. And my question relates to the access that's highlighted, I believe, in the -- either one of them. And there is some letters in the one on the right- hand -- on the left-hand side at that access point on Eagle between the concept plan and what's developed there. What does that say? Wafters: Madam Mayor, Council President Rountree, Councilmen, I believe that says full access, but I -- Bird: Full access. Right access. Wafters: Can't tell for sure. Let me look at the plan I have in the file. It does says full access. Rountree: In some location there -- and I was thinking it was that one, that's barriered forright-in and right-out. Hoaglun: And, Councilman Rountree, Madam Mayor, that's my recollection, too. That's aright-in, right-out only. Rountree: My concem is it doesn't work and I have been in a near accident there, I have witnessed several near accidents, and I -- every time I go to Lowe's I see somebody making alert-hand tum out of the tum median around that bamer into that particular parking lot. The police chief is here and so is our deputy. I don't know if there are accidents there any more frequent than other locations, but if we are going to have a right-in and right-out, a condition of modifying this particular piece of property ought to be that that be made to work. And chief or Tracy, either one, do you have a comment about that? Lavey: President Rountree, Council, I don't believe it would be fair forme to say that it's an increased area for traffic violations, but Iwill -- for crashes, but I will tell you it is a -- the intersection itself is well known for crashes on a daily basis. In order to be fair to Meridian City Council November 24, 2009 Page 40 of 47 them, though, I would actually have to look at those numbers. I wouldn't say it's any greater, but it's definitely not any lower than any other busy intersection that we have in town. De Weerd: Are you a politician? Lavey: In training. Rountree: But I guess my comment -- Madam Mayor, my comment to the chief is if it is a prohibited access to allow aright-in and right-out only, it ought to work. Lavey: The right-in and right-out ought to work. The -- the ones that always give us trouble is the left-hand turns coming out of there. So, I believe the right-in, right-out would work. Rountree: Well, I believe it's set up that way, but just simply doesn't work. Lavey: It works if the people follow the law. Which means that it works for everybody that's following the law, but everybody that decides to break the law, then, it doesn't work, but you could have any set up out there and if they are going to break the law, then, we are going to still have those problems, unless we put barricades or something like that where you physically can't make that turn. Rountree: Which can be done. Lavey: Which can be done. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think ITD's long term adopted plan for that has medians in that location, but that long-term plan keeps getting farther and farther away. There was a time when it would have already been completed as we sit here today. I wonder if we might request ITD to put some temporary bollards or something until they do get around to a median. Do we have a mechanism for doing that? De Weerd: We could always request. Rountree: I have a saying for that, but it's not going to work. Lavey: I have seen their budget, too, so I don't -- De Weerd: We can always ask. Rountree: Thank you. Meridian City Council November 24, 2009 Page 41 of 47 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would ask a question on the variance. Are we talking about a variance to -- I'm sorry. The vacation I mean. To vacate the entire easement or just the portion that would interfere with the building? Wafters: Madam Mayor, Councilman Zaremba, Councilmen, just a portion of that easement. You can see the full easement here on this detail. The portion proposed to be vacated is cross-hatched. Zaremba: Thank you. De Weerd: Okay. Anything further at this point, Council? Would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Aguilar: Jessica Aguilar. Engineered Structures, Inc., 12400 West Overland, Boise, Idaho. Madam Mayor, Members of the Council, I think Sonya did a good job in presenting the information to you this evening. We are in full agreement with the staff report. I don't know if I have any additional information to offer, other than what Sonya has already presented, but I'm available to answer any questions, as well as T.J. Brown, owner of Pristine Pools, the proposed retail tenant, who will be occupying the new space on the plan there, we are available to answer any questions that you might have. De Weerd: Thank you. Council, any questions? Thank you. This is a public hearing. Is there any member of the public who would like to provide testimony on this application? Mr. Tumbull. Good evening. Tumbull: Good evening. Madam Mayor, Members of the Council, David Tumbull, 12601 West Explorer Drive in Boise. I guess I would just address Councilman Rountree's statements regarding the right-in, right-out at that eighth mile access point. We did design that according to ITD standards. We did install the flares as they required. As the officer mentioned, you know, we don't control whether people abide by the law or not. As Councilman Zaremba mentioned, ITD did adopt along-term plan for Eagle corridor that would include medians in that section. I would note that the development across the street Center Point, has the same kind of a situation with similar access points with aright-in, right-out at that location. So, I do think that it's probably appropriate that the city follow up and find out what ITD's plans are for instituting that plan, but that's where it sits right now. We submitted our plans to ITD, constructed it according to their requirements and so I think we have done our work. Thank you. I'll stand for any questions. De Weerd: Council, any questions? Meridian City Council November 24, 2009 Page 42 of 47 Bird: I have none. Rountree: I don't disagree with you, David. De Weerd: And, staff, I guess I would like to underscore what's been said and see if we can draft a letter and get something to Council -- or to ITD on this particular item of safety. Okay. Any further testimony? Okay. Staff, any further comment? Council, seeing no further testimony, I would entertain a motion to close. Rountree: So moved. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-D-1, 09-003. Zaremba: Second. De Weerd: I have a motion and a second to approve this item 8-D-1. If there is no discussion, Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for counsel. This is one of these vacations that has to go through ACHD or can we act on this solely? Nary: Madam Mayor, Members of the Council, Council Member Rountree, I believe that the benefit of this easement is just us. Meridian City Council November 24, 2009 Page 43 of 47 Rountree: Solely the city. Nary: I think it's just us. Rountree: Okay. Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-D-2, VAC 09-001. Zaremba: Second. De Weerd: I have a motion and a second to approve this item. If there is no discussion, Council, I will ask for roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. E. Bayside Taylor Commerce Park Subdivision FP 09-007 by Tealey's Land Surveying - 1100 W. Taylor Avenue De Weerd: Item 8-E is Bayside Taylor Commercial Park Subdivision, FP 09-007. I will ask for staff comment at this time. Friedman: Thank you, Madam Mayor, Council Members. This is a final plat approval request by Tealey Surveying for the approval of the plat of Bayside Taylor Commercial Park. It's located off Taylor Avenue. It's the old 84 lumber site. The Council has approved a preliminary plat for the site in June of this year and the approval was for 14 industrial building lots. Staff has reviewed the application and finds it substantially conforms to the preliminary plat approval. We are recommending approval of the final plat. We have received communications from the applicants and their representatives that they are in concurrence with the proposed conditions of approval. De Weerd: Thank you, Pete. Any comment from the applicant? Good evening. Tealey: Pardon me? De Weerd: Good evening. Tealey: Yes. Finally. Could have been skating by now. My name is Pat Tealey. Rountree: Should have been skating by now. Meridian City Council November 24, 2009 Page 44 of 47 Tealey: Should have been skating by now. Pat Tealey, office address 187 East 50th in Garden City, representing the applicant Bayside Capital. As stated we have -- we have worked with staff, both in the Planning and Zoning Department and Public Works to get over the typical development issues prior to this meeting and as a result we have no concerns with the staff comments and conditions. Just to answer any questions if you have any. De Weerd: Thank you. Council, any questions? Rountree: I have none. De Weerd: Thank you for working with staff. Tealey: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'd move that we approve item 8-E for Bayside Taylor Commercial Park. Bird: Second. De Weerd: I have a motion and a second to approve this item. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. Thank you. MOTION CARRIED: ALL AYES. Item 9: Ordinances. A. Ordinance No. : AZ 08-001 Request for Annexation and Zoning of 9.06 acres from RUT and R1 Zoning Districts in Ada County to the C-G Zoning District for Overland Village by Cameron S-Sixteen Retail, LLC - 3330 E. Overland Rd. De Weerd: Item 9 under ordinances, ordinance number 09-1434. I will ask the clerk to, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian ordinance number 09-1434, an ordinance AZ 08-001, Overland Village, for annexation of a parcel of land located in the southwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada Meridian City Council November 24, 2009 Page 45 of 47 County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT and R-1, Ada County, to C-G, General Retail and Service Commercial District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Council, hearing none, I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ordinance number 09-1434, with suspension of rules. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 9-A. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. call De Weerd: All ayes. Motion carved. MOTION CARRIED: ALL AYES. Item 10: Other Items. A. Executive Session as per Idaho State Code 67-2345(1)(c) - to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency (b) - (to consider the evaluation, dismissal of disciplilneing of, or to hear complaints or charges brought against a public officer, employee, staff member of individual agent, or public school student.): (f) - (to consider an advise its legal representativatives in pending litigitation): Meridian City Council November 24, 2009 Page 46 of 47 De Weerd: We are at the end of our agenda, except for one item. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67- 2345(1)(b),(1)(c), and (1)(f). Rountree: Second. De Weerd: Motion and a second. Roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (9:06 p.m. -10:35 p.m.) Rountree: I move that we come out of Executive Session. Zaremba: Second. De Weerd: All those in favor say aye. All ayes. Motion carved. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Rountree: Madam Mayor? De Weerd: Yes. Rountree: Just a reminder you have all got your spreadsheet for priorities by the 15~'. Zaremba: Uh-huh. Rountree: I move to adjourn. Hoaglun: Second. De Weerd: All those in favor. MOTION CARRIED: ALL AYES. De Weerd: All ayes. Meridian City Council November 24, 2009 Page 47 of 47 MEETING ADJOURNED AT 10:35 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T Y De WEERD is ~~~ a~ DATE APPROVED Fo ~~u~L 9~ ~O~ '~® ~T 1ST • ~ ~`Z`~\•`: •,~~ ~~,~ cOdJ~ ~ ~®`~~~~\ ~~~rrrrerr-r n--N~~~ ~. ~ LuHOLMAN, CITY CLERK Changes to the Agenda: ~IOV 2 4 2009 - Item # 8.6: Continue to December 8, 2009 at applicant's request. CITY OF G~f' ,,.~, Item 6. B 1. Appeal of denial of Temporary Use Permit for Meridian Ice Gardens CITY CLERKS ®FFICE The appellant Patrick Raymes applied for a Temporary Use permit to construct a temporary ice rink on property north of the Meridian Speedway and south of Storey Park. The permit was denied on a number of grounds including: ^ The absence of a conditional use permit to extend a permitted use on a nonconforming site ^ Placement of the rink on the parking for an overlapping temporary use (Christmas tree sales) on the same site. ^ Use two structures when temporary uses are limited to one. ^ Lack of information and questions regarding whether the ice rink qualifies as a structure. If it does qualify, then the temporary use standards limit structure size to 700 square feet. The proposed rink exceeds that size. Finally, Planning staff had determined that if the rink were located within the speedway proper it would be considered a tenant improvement and could occupy the space inside that oval (an existing outdoor recreation use). In our discussions, staff counseled the appellant that locating the rink in the speedway was the fasted way of getting established. Item #8.A Public Hearing and Comment Period for Program Year 2008 Per CDBG requirements, this is the public hearing and comment period for the Consolidated Annual Performance and Evaluation Report (CAPER) on the 2008 CDBG Program Year. The hearing and comment period are scheduled through December 15~ (which exceeds the required 15 days), at which time staff will be back to present the full CAPER with any comments received for Council's consideration. The draft report is available for public review online and at City Hall. Item #8.C: Cavanaugh Ridge Location: 4275 S. Locust Grove Road (east of S. Meridian Road & south of E. Victory Road) Applications: - Rezone of 91.09 acres from R-4 to R-8 - Preliminary Plat approval of 255 single-family residential building lots & 7 common area lots - Modification to the existing development agreement to include updated project information - Variance to exceed the maximum block length allowed in residential districts for Blocks 7, 12, & 14 Background: This property received annexation, preliminary plat, & conditional use permit/planned development approval in 2006 as Reflection Ridge Subdivision. The property was annexed but the PP & CUP/PD has expired. Since that time, the dimensional standards for the R-4 district have changed. Thus, the previously approved lots no longer meet the standards for the current R-4 district. In order to process essentially the same preliminary plat, the applicant is requesting approval to rezone the property to R-8 in order to comply with dimensional standards. Commission Recommendation: Approval at their October 15, 2009 public hearing. Summary of Commission Public Hearing: i. In favor: Ashley Ford 11 /24/2009 ii. In opposition: None iii. Commenting: None iv. Written testimony: Ashley Ford Key Issue(s) of Discussion by Commission: i. Lighting along the multi-use pathway required along the Farr Lateral; ii. Concerns about the safety of children travelling to school on the Farr Lateral pathway. Key Commission Change(s) to Staff Recommendation: i. Modify DA provision #1.4.2 to require a gafe with a knox box entry system instead of a barricade at the end of Reflection Ridge Drive where it connects to the public street along the west boundary of the subdivision; ii. Modify DA provision #3.9 to clarify emergency access requirements for the subdivision; iii. Modify DA provision #4.2 to specifically require bollard style lighting along the Farr Lateral pathway. Outstanding Issue(s) for City Council: i None Written Testimony since P&Z Meeting: Ashley Ford Notes: Item #8.D: Market Square Location: Northeast comer of N. Eagle Road & E. Ustick Road Applications: - Development Agreement modification (MDA) to update the overall site plan to reflect development that has already occurred on the site as well as proposed development. - Vacation (VAC) of a portion of a public domestic water and sewer easement depicted on the Smitchger Subdivision North plat. Background: When this property was annexed in 2004, a DA was approved that included a site plan that showing a detailed development plan for the southern portion of the property which included the Lowe's store and several pads for small service, commercial, and retail uses; and a conceptual plan for the northern portion of the site showing small service commerciaVretail uses along Eagle Road and a large commercial area to the east. Highlights: - MDA - Because a detailed plan is now proposed for the area that was previously shown as conceptual, the applicant is requesting approval to modify the DA to include a revised site plan that reflects existing development on the property as well as proposed development. - VAC -The applicant is requesting approval to vacate a 48.5' x 9.47' portion of a public sewer and water easement depicted on the recorded plat for Smitchger Subdivision North. The reason for the proposed easement vacation is the applicant proposes to construct a building that would encroach into the subject easement area. Structures are not allowed to encroach into sewer and water ease-~ents. Approval of the proposed easement vacation would allow the applicant to construct a building as intended that would extend into this area. There are no existing utilities in the easement proposed to be vacated. Outstanding Issue(s) for City Council: None 11 /24/2009 Written Testimony: Jessica Aguilar (in agreement with the staff report) Notes: 11 /24/2009 MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. SA REQUEST Art Purchasing Agreement with Mark Davis for Art in Public Spaces for aNot-to-Exceed Amount of $1,500.00. 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 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 C(ty of Meridian. ART PURCHASING AGREEMENT for ART IN PUBLIC SPACES This ART PURCHASING AGREEMENT FOR ART IN PUBLIC SPACES ("Agreement") is entered into this ~ day of November, 2009, by and between the City of Meridian, Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Mazk Davis, whose address is 551 S W. Lynwood Place, Boise, Idaho 83706 ("Artist") (collectively, "Parties"). WHEREAS, City, by and through the Meridian Arts Commission, initiated the "Art in Public Spaces" collection of public art in order to make visual art part of the regulaz experience for those who visit Meridian's City Hall; to encourage dialogue about creativity in our community among the elected officials, community leadership, staff and visitors to the city's government center; and to provide inspiration for new ways of experiencing the arts; WHEREAS, City, by and through the Meridian Arts Commission, on or about September 1, 2009, issued the Call to Artists attached hereto as ExhBbit A, requesting proposals for completed art pieces to be included in the Art in Public Spaces collection; WHEREAS, Artist responded to the Call to Artists by submitting for consideration atwo- dimensional artwork entitled "Lake Fork," created by Artist using oil paint on canvas ("Work"); WHEREAS, the Meridian Arts Commission, following due notice to the public, convened and reviewed submissions provided in response to the Call to Artists, which submissions included Work; WHEREAS, in accordance with its chazge and the guidelines and criteria adopted by the Meridian Arts Commission and approved by City Council via the Call to Artists, the Commission identified Work as exemplifying the goals of the Art in Public Spaces project; and WHEREAS, this Agreement is intended to implement the purchase of Work in accordance with the terms described in the Call to Artists and such terms hereinafter provided; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereto do mutually agree as follows: 1. Sale. Artist hereby agrees to sell the Work to City at the agreed value of one thousand five hundred dollars ($1,500.00). Parties agree that this amount shall include Artist's commission, materials, framing and installation of the artwork. 2. Payment. City shall pay Artist for services rendered pursuant to this Agreement in the total amount of one thousand five hundred dollars ($1,500.00), which payment shall be made pursuant to the following method. To receive payment for services rendered, Artist shall complete the W-9 form provided and remit such completed form to Deputy City Attorney Emily Kane, 33 E. Broadway Ave., Meridian ID 83642, by 12:00 p.m. (noon) on Thursday, November 19, 2008. Upon receipt of the complete W-9 form from Artist and execution of this Agreement by both Parties, City shall issue payment via check sent U.S. Mail to Artist within thirty (30) days. ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 1 OF 5 3. Framing. Artist shall frame the Work or cause the Work to be framed in accordance with the +~ specifications provided and attached hereto as Exhibit B. The failure to comply precisely with each and every aspect of such specifications shall constitute a breach of this Agreement. 4. Delivery. Artist shall deliver the Work, framed in accordance with the prescribed specifications and ready to hang, to Deputy City Attorney Emily Kane, at 33 E. Broadway Ave., Meridian, Idaho by 4:00 p.m. on Friday, December 18, 2009. Acceptance shall be signified by written receipt, signed and dated, and provided to Artist upon receipt of the Work. Artist agrees to beaz any risk of loss and/or damage until the City accepts the Work as set forth herein. In the event of loss or damage incurred prior to City's acceptance of the work, Artist shall return any and all payment received, upon which neither party shall have any further obligation under this Agreement. 5. Time of the essence. Artist acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree 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 breach of, and a default under, this Agreement by the party so failing to perform. 6. Installation. Artist shall be responsible for furnishing the Work or having such Work furnished with the proper hazdwaze for safe, durable, permanent hanging. The City shall be wholly responsible for the cost, labor, design, and placement of the Work's installation. 7. Copyright. The copyright for Work shall be held by City. Artist shall reserve no right to reproduce the Work in any manner or for any purpose, though Artist may request such right from City, which right City shall not unreasonably withhold. Any such right shall be conveyed in writing, and if not in writing shall not be considered duly or validly conveyed. City may use partial or complete images of such Work for promotional or other public use without further permission from Artist. While Artist shall make no claim to the copyright of the Work, Artist shall be identified as the creator of the Work, both in the vicinity of the original as publicly displayed, and in writing as to any reproduction of the Work by City for promotional or other public use. 8. Waiver and Relinquishment of Rights. Artist hereby expressly waives any and all right, title, or interest in said copyrighted Work. Artist understands that said waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, performance and display. Artist agrees to relinquish any and all rights, title, and interest to the Work developed in connection with this Agreement and hereby expressly waives any rights Artist has to said Work including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C., sections 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. section 106A, aze hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. 9. Moral right. City will use best efforts to avoid and/or prevent misuse of Artist's name and/or ART PURCHASING AGREEMENT -ART IN PUBLIC SPACES PAGE 2 OF 5 misuse of the Work which would reflect discredit on Artist's reputation as an artist, or which would violate the spirit of the Work. 10. Display. It is the intent of City to incorporate Work into the Art in Public Spaces art collection to be publicly displayed at Meridian City Hall. Nothing in this Agreement, or otherwise, shall preclude the right of City to remove Work from public display, whether temporarily or permanently. 11. Alteration. If any alteration occurs to the Work after installation, whether intentional or accidental and whether caused by City or others, upon written request of Artist, the Work shall no longer be represented to be the work of Artist. Other than as specified herein, Artist specifically waives the right to claim any other remedy concerning the alteration of the Work as provided for under Idaho or federal law, whether by statute or otherwise. I2. Restoration. If the Work is damaged, City shall consult Artist before any restoration efforts and shall provide Artist first opportunity to restore it, if practicable. City shall have the exclusive right to determine when and whether repairs and restorations of the Work shall be made. 13. Retransfer. If City, in any way whatsoever, sells, gives, bequests, transfers, or trades the Work, Artist shall have no right to obtain such Work or in any way direct or prohibit such sale, gift, bequest, transfer, or trade. 14. Relationship of Parties. It is the express intention of Parties that Artist is an independent Artist 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. 15. Notices. Any and all notices required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail, certified, return receipt requested, addressed as follows: City: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Artist: Mark Davis 5518 W. Lynwood Place Boise, Idaho 83706 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. ART PURCHASING AGREE[VIENT - ART IN PUBLIC SPACES PAGE 3 OF 5 16. Waiver and indemnification. Artist waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from or in any way connected with or incident to Artist's performance of this Agreement except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. Further, Artist shall, and hereby does, indemnify, hold harmless, and defend City against any and all claims, demands, damages, costs, expenses or liability arising out of Artist's performance of this Agreement except for liability arising out of the concurrent or sole negligence of City or its officers, agents or employees. 17. Discrimination prohibited. In performing services pursuant to this Agreement, Artist 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. 18. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Entire agreement. This Agreement 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, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlazged, modified or altered except upon written agreement signed by both parties hereto. 20. Non-waiver of breach. A waiver of an breach f y o any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 21. Assignment. Artist may not subcontract, assign, transfer, hypothecate or sell his rights or duties arising hereunder without the prior express written consent of City. Any subcontractor assignee shall be bound by all the terms and conditions of this Agreement. 22. Heirs and assigns. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives and references to Artist and City shall include their respective heirs, successors, assigns, and personal representatives. 23. Termination. If City determines that Artist has failed to comply with the terms and conditions of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepazed under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may terminate this Agreement in whole, or in part, at any time, by giving notice, in writing, to Agreement of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms and provides a reasonable time to cure. If all defaults aze not cured and corrected within a reasonable period as specified in the notice, City may, with no further notice, declaze this Agreement to be terminated. Notwithstanding the above or any other provision of this Agreement, Artist shall not be relieved of liability to City for damages sustained by City by ART PURCHASING AGREEMENT -ART IN PUBLIC SPACES PAGE 4 OF 5 virtue of any breach of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. 24. Attorney's fees. In any action by City or Artist for recovery of any sum due under this Agreeme~, or to enforce any of the terms, covenants, or conditions contained herein, the prevailing party shall be entitled to reasonable attorney's fees in addition to costs and necessary disbursements incurred in such action. 25. Governing law. This Agreement shall be governed by the laws of the State of Idaho. 26. 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 of November, 20Q9. ARTIST: ,~ ~~ Mark Davis STATE OF IDAHO ) ss: County of ADA ) I HEREBY CERTIFY that on this day of , 2009, before the tmdersigned, a Notary Public in the State of Idaho, personally appeared Mark Davis, known to me to be the person who executed the said insWment, and aclmowledged to me that he executed the same. I1V WITNESS WHEREOF, I have hereunto set my head and affixed my official seal, the day and y~r in this certificate first above written. Notary Public for Idaho Residing at _ _~ Idaho My Commission Expires: CITY OF MERIDIAN: ~, •~ y ~ BY. .~~~ ~~r~'f~Is''%, ,` ~ ®',, Tammy de d, Mayor ~ $~'i~~ - Attest: = 9~ r ~ '~~ ® r Jaycee olman ', O usr 9S~ • ~° ~` City Clerk ~~''~., 9C'p , ~®~,~`~~~` • ART PURCHASIIVG A(iREENIENT -ART IN PUBLIC SPACES PAaE 5 OF 5 • Exhibit A • Meridian Commission Call for Artists: Art in Public Spaces, Meridian City Hall OVERVIEW: The mission of Art in Public Spoces is to make visual art part of the regular experience for those who visit Meridian's City Hall; to encourage dialogue about creativity in our community among the elected officials, community leadership, staff and visitors to the dty's government center; and to provide inspiration for new ways of experiencing the arts. The artwork composing Art in Public Spaces will be located in the public corridors in the new city hall located on the corner of Broadway and Meridian Road in downtown Meridian. ELIGIBILITY: Any artist 18 years or older living or working in the Treasure Valley. All entries must have been conceived and created by the artist submitting the work. All entries must be two-dimensional works, and must be a minimum size of twenty-four by thirty-six inches (24" x 3b"). PROJECT BUDGET: The City has budgeted $1,500.00 per art piece for this project. This amount includes the commission for the artists, materials, framing and installation of the artwork. PROPOSAL REQUIREMENTS: Artists wishing to apply for Art in Public Spaces must provide the following materials and information for each piece submitted. • Cover letter addressing the content of the work, its relationship to Meridian, dimensions, and date; • Artist's resume, address, phone number, a-mail address, and an artist or exhibition statement; • One digital image of the unframed work, 300-dpi, 10-inch maximum, .jpg file on a PC-compatible CD; please do not attempt to send digital images via a-mail. DEADLINE: All submissions must be received by MAC by 4:30 p.m. on Tuesday, September 22, 2009 at the address below. Please write "Meridian Arts Commission" on your entry envelope. No late submissions will be accepted. Materials will be returned via U.S. Mail if a SASE is enclosed. No pick-up will be available. SUBMIT MATERIALS T0: Meridian Arts Commission Attn: Art in Public Spaces 33 East Broadway Avenue Meridian ID 83642 ACCEPTANCE: MAC will notify a selected artist that his or her work has been chosen for Art in Public Spaces 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. If your submission is selected you will be notified by mail and provided with an acceptance agreement and additional information, including a timeline for delivery and payment. For additional information please contact Emily Kane at 898-550b or by a-mail at ekane@meridiancity.org. i' Exhibit B Meridian ~ Commission FRAMING SPECIFICATIONS Art in Public Spaces Project -Meridian City Hall ART ON PAPER (Ex. Photography, watercolor paintings, drawings, etchings Wood frame: Larson-Juhl #227519 3/" Mahogany with 1 "rabbet depth Mount: Museum mount on acid-free foam core board Matting: Matboard to be Crescent Museum board #2238 8-ply White Width of the mat is 4" on all sides beyond the art image Glass: Tru Vue Conservation Clear Hanging: Security Lock hanging system ART ON CANVAS (Ex. Paintings on canvas, photographs on canvas) Wood Frame: Larson-Juhl #294519 3/" Mahogany with 1 5/8" rabbet depth Mount: Stretcher bars Matting: None Glass: None Hanging: Security Lock hanging system • MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. 5B REQUEST Professional Services Agreement with M.D. Willis, Inc. for Stenographic Services for Fiscal Year 2010 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Merldlan. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this ~ ~~` day of N~tl~,n,[Q~, 2009, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", whose address is 33 East Broadway Avenue, Meridian, Idaho 83642, and M. D. Willis, Inc., hereinafter referred to as "Contractor", whose address is 1695 E. Comisky, Meridian, Idaho, 83642 PRENIISES: A. Whereas, as part of its records, CITY desires to produce minutes and verbatim transcripts of hearings; and, B. Whereas, CONTRACTOR is in the business of providing stenographic services to public bodies, and others who need verbatim transcripts; and C. Whereas, CITY and CONTRACTOR desire to enter into an agreement whereby CONTRACTOR would furnish stenographic services to the CITY. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services: CONTRACTOR shall perform all the necessary services provided under this agreement in connection with taking minutes and testimony ax hearings in proceedings before the Meridian City Council and the Meridian City Planning and Zoning Commission. CONTRACTOR agrees to attend four (4) regulaz City Council meetings each month, and two (2) regulaz scheduled Planning and Zoning Commission meetings each month, and at those meetings, to transcribe the proceedings as to produce minutes and verbatim transcripts. CONTRACTOR will famish to the City Attorney and the Planning Department, within two working days following a given meeting, a rough draft of the transcript. A final transcript shall be furnished to the City Clerk's office with a copy thereof, within five working days following the meeting. In the event CITY requires additional stenographic services beyond the six monthly meetings set forth above, CONTRACTOR agrees to provide such additional services provided that CONTRACTOR receives not less than two days notice prior to such meeting or meetings. 2. Contractor Non-Attendance -Emergency: In the event that an emergency or some other event not within CONTRACTOR'S control prevents CONTRACTOR from attending one of the meetings herein, CONTRACTOR'S attendance at that meeting shall be excused and CONTRACTOR shall prepare the minutesJhearing record from audio tapes furnished by the City Clerk. In that event, CONTRACTOR shall not be paid the meeting attendance fee but will be compensated for the actual transcription. Agreement for Stenographic Services FY09 -page 1 of 5 CONTRACTOR shall notify the City Clerk as soon as possible regarding the emergency and reason for non-attendance. 3. Time of Performance: The services of CONTRACTOR are to commence on the 1~ day of October, 2009 and continue through the 30~' day of September, 2010, unless terminated or renewed. 4. Compensation: CITY shall pay to CONTRACTOR the sum of TWENTY DOLLARS ($20.00) per hour (rounded to the nearest one-half hour) per meeting attendance by CONTRACTOR and further shall send an a-mail attached document transcription attachment and produce an original transcript, one copy thereof, and one Microsoft Word formatted electronic copy upon request at SIX DOLLARS ($6.00) per page based upon single spaced with margins of not more than one inch each on all sides on an 81/2" x 11"page with the font to be Aria112 pitch. 5. Method of Payment: CONTRACTOR will invoice the City of Meridian Accounting Department at 33 East Broadway Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month. The CITY will pay all invoices no later than the 15~' day of the month following delivery of the Invoice to CITY. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 M. D. Willis, Inc. 1695 E. Comisky Meridian, Idaho, 83642 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as 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. • Agreement for Stenographic Services FY09 - page Z of 5 9. Time is of the Essence: The parties heretq 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. Subcontracting: None of the services covered by this agreement shall be subcontracted without the prior written consent of the CITY. CONTRAACTOR shall be fully responsible to CITY for the acts and omissions of subcontractors, and of persons either directly or indirectly employed by them, as CONTRACTOR is for the acts and omissions of person directly employed by CONTRACTOR 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 Services required herein, CONTRACTOR shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Duplication, 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. 14. Termination for Cause: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fiilfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, 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. In such event, all finished or unfinished documents, data,•maps, studies, surveys, drawings, models, photographs and reports prepazed by CONTRACTOR under this Agreement shall, at the option of CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of this Agreement by CONTRACTOR, and CITY may withhold any payments to CONTRACTOR for the purposes of offset until such time as the exact amount of damages due CITY from CONTRACTOR aze determined. This provision shall survive the termination of this Agreement and shall not relieve CONTRACTOR of its liability to CITY for damages. Agreement for Stenographic Services FY09 -page 3 of 5 CITY understands and acknowledges that CONTRACTOR has the right to terminate due to cause instigated by CITY. In that situation, CONT RACTOR would have the same rights as CITY identified herein. 16. Independent Contractor Statas: Both the CITY and CONTRACTOR agree that the relationship created by this agreement is that of independent contractor and not that of employee and employer. CONTRACTOR is responsible for the payment of any taxes, including, but not limited to, all federal, state and local personal and business income taxes, sales and use taxes, other business taxes and license fees, arising out of the activities of the CONTRACTOR CONTRACTOR is responsible to keep in force all necessary public liability insurance and vehicle insurance with carriers which are satisfactory to CITY, and shall hold the CITY harmless from all claims, demands or suits arising out of the performance of services under this agreement. 17. Insurance: CONTRACTOR will supply CITY with proof of insurance general liability and vehicular liability insurance limits of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000). 18. Constriction 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. 19.0 tion to Renew: CITY shall have the o tion to renew this Bement for P p ~' successive one year periods provided that CITY notifies CONTRACTOR no taxer than thirty (30) days before the end of this agreement and any extension or renewal thereof, of CITY' S exercise of such option. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or 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. • Agreement for Stenographic Services FY09 -page 4 of 5 • IN'9VITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. DATED AND SIGNED this 17th day of November, 2009. CITY OF MERIDIAN BY: ~ ~~~~ Tammy de We Mayor • • Attest: aycee >w.l Holman, City Clerk ``````~~~~~u u n in,,,~~~~ OF '~. F ;~ o ; ~r ~~ z sE~I, ~C~_ a' _ ~~~'~9COIlNTY • ~~~``~~• ',',~1V1~.~~~`~ILLIS, INC BY: Attest: Eileen Willis, Secretary M. Dean Willis, President Agreement for Stenographic Services FY09 -page 5 of 5 MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. 5C REQUEST Professional Services Agreement with Alta Planning for Rail With Trail Action Plan Follow-Upfor aNot-to-Exceed Amount of $3,460.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attach CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 24th day of November , 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 Alta Planning + Design, hereinafter referred to as "CONSULTANT", whose business address is 1638 NE Davis Street. Portland. OR. 97232. INTRODUCTION Whereas, the City has a need for services involving Pathway Planning Services ;and WHEREAS, the Consultant 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 Services: 1.1 CONSULTANT 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 comply in all respects, as specified in the document titled "Scope of Services° 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 Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; 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 Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a RWT Action Plan II - page 1 of 11 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 Consultant 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 Consultant represents and warrants that it will perform it's 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 pertormance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant 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 Consultant shall be compensated on a Lump Sum basis as provided in Attachment B Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $3,460.00. 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period in accordance of the above mentioned Payment Schedule, which the City will pay within 30 days of receipt of a correct invoice and approval by the City's Project Manager. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to 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, Consultant shall not be entitled by virtue of this Agreement to RWT Action Plan II - page 2 of 11 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. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the services listed in Attachment A, December 24, 2009 or 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 Consultants business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Attachment A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant 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 Consultant in fulfillment of this Agreement. 5. Indemnification and Insurance: CONSULTANT 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 properly 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 CONSULTANT, 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. CONSULTANT shall maintain, and specifically RWT Action Plan II - page 3 of 11 agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as'follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, 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, CONSULTANT 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 Consultant or Consultant'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. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Consultant begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Alta Planninca + Design Attn: George Hudson. Project Manager 1638 N E Davis Street Portland. OR 97232 Ph. (503) 230-9862 RWT Action Plan II - page 4 of 11 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as 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. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT 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. 12. Reports and Information: 12.1 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. 12.2 Consultant 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. RWT Action Plan II - page 5 of 11 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 CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT 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 services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council 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 CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. RWT Action Plan II - page 6 of 11 Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT,. and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages.. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or ,enforceability of.any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement, It has. received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN ALTA PLANNING + DESIGN BY: ~~ AMM d WEERD,~~q,~ ' ~ "°``'~®%,,~ ~BY: ~'itle Attest: ~~~j, ~ ~~~ Cj.,_ ,~ r P ~` CITY N~T`( ~,,,,,~~`~~a~ JAYCE OLMAN, ~~ RWT Action Plan II - page 7 of 11 Approved as t Content BY: KEITH WATTS, PURCHASING AGENT Dated: IZ-~-~q Approved as to Form CITY ATTORNEY ~~~ DATE RWT Action Plan II - page 8 of 11 Depa ent A proval BY NAME: ~~~'t 8 • ~I~ll~~ TITLE: P ~N ~ !~C ~ (~Z~('b (Z-- Dated: ~~~ ~ I ~~ Attachment A SCOPE OF SERVICES Task 1: Pathway Alignment 1.1 Text Description of Recommended Pathway Alignment Alta will provide text description of the pathway -width, location related to rail line and right-of--way, etc. for the pathway between each section line road. Descriptions will identify any other agencies, jurisdictions, companies, that will need to be involved for pathway development/plan implementation. 1.2 Updated Maps with Recommended Alignment Alta will produce modified maps to show the recommended location of the proposed pathway. The line on the map now is just showing the desire for a pathway in this corridor. The modified maps would be more precise in the pathways location, include constrained areas, and recommend a solution to address each constraint. Task Components: • New graphics to show typical cross-sections as well as cross-sections in various constrained situations. • The location of the pathway through the industrial area of Old Town. Alta will recommend an alignment and highlight additional issues that may need resolution with the businesses along that stretch of corridor. Task 2: Cross-Sections 2.1 Typical Cross-Sections Based on the previous phase of the RWT Action Plan, Alta will prepare up to three (3) "typical" (non-constrained) cross-sections of the future trail in relation to the rail line. 2.2 Constrained Cross-Sections Based no constraints identified in the previous phase of the RWT Action Plan, and to visually depict the narrative descriptions of recommended treatments in constrained areas, Alta will prepare up to four (4) constrained cross-sections to assist with future discussions with agencies and stakeholders. RWT Action Plan II - page 9 of 11 In addition to the above mentioned tasks, Alta Planning + Design will provide the following at no extra costs. Project Management /Communicate Throughout the planning process, Alta's project manager will be in regular contact with the City staff to keep them apprised of the project effort and to seek their input at key decision points. This will include face-to-face meetings, e-mails, telephone, fax, and written documents. We will produce monthly progress reports that summarize tasks completed, and outline tasks to be completed over the next 30 days. In addition, Alta will produce detailed meeting minutes that summarize the discussion items and will include a list of follow-up tasks and the responsible party for each task RWT Action Plan II - page 10 of 11 Attachment B PAYMENT SCHEDULE A. Fees will be billed for actual time worked per the schedule below with total and complete compensation for this Agreement Not-To-Exceed $3,460.00. Fees will be billed monthly for completed tasks only, per the following schedule of values. TASKS Task 1: Pathway Aiignmenf 1.1 Text description of recommended pathway alignment 1.2 Updated maps with recommended alignment Task 2: Cross.Sections 2.1 Typical cross-sections (up to 3) 2.2 Constrained cross-sections (up to 4) Planner PIC/PCM Intern /Designer Hrs Hrs Hrs 2 6 2 6 4 2 4 4 2 4 4 GRAND TOTAL Rate I Subtotal $150.00 $300.00 $80.00 $4so.oo $150.00 $300.00 $80.00 $480.00 $55.00 $220.00 $150.00 $300.00 $80.00 $320.00 $55.00 $220.00 $150.00 $300.00 $80.00 $320.00 $55.00 $220.00 $3,460.00 RWT Action Plan II - page 11 of 11 ~ ~ •. cs • z • 0 • ~ ~ w ~ ~' w ~ • m' ~ ~'. ~ • F Z z, ~ w o ' d ~ ~ g U ~, ~ O ~ w i W rr ' N d N M A ~ 3 ~ N Z ~ rn ~ Q _ m p • c ui ~ N ~,.~ W a M ~ Z a ~W odz N (p M ~ .,, ' l0 Q W °' ~ ~^ ~ m ~ ~ C ~ s N ~ N ~ ~ 0 o ~ a U ~~ Q ~ . . ` i` ~5 ~ N ~ N O ~ ~ ,,; a~ ~~,~,,,,- p q ~ ,• N C (n .~ ~ ~ a Z ~ ~ ~, ~ 0C7 ~ ~ Q r d ~ 0.~ ~,~ W ~~ ~ ~ ~w v> > I • 0 0 Ci ~ • ~ ~'_ f7 U ~' W- W a p ~ w 0 ~ ti o O ~ ~ r ~ ~ 'c'- ~ ~ • w ~ a J ~ 2 U ~ O a r s a U ~ ~ m ~ O ~ N u- W ~- z ~ - ~` • C ~_ [L c ~ . : Q ~? ., F- 2 (/~ aj W ~ + ~ , ~ ~ tti 7 ,~ O v 0 z ~ ~ o W 0 ~ z 0 r ~ MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. SD REQUEST Interagency Agreement for Ongoing Landscaping Maintenance of the Interstate-84/Ten Mile Road Interchange ITD Project AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented al public meetings shall become properly of the CNy of Meridian. COMMENTS See Attached IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 Boise, ID 83707-2028 (208) 334-8300 itd.idaho.gov August 24, 2009 Steve Siddoway Director, Meridian Parks & Recreation 33 E. Broadway Ave. Meridian, ID 83642 RE: Interagency Agreement for Landscaping and Maintenance Key 11932; TEN MILE RD IC LANDSCAPING Dear Brent, Attached, for the City's approval, are two (2) copies of the Interagency Agreement for the referenced project. Please process for signatures and return both copies to me as soon as possible. Sincerely, ~/~. ~ >~ Wade L. Christiansen Project Manager, District 3 (208) 334-8969 Wade.Christiansen@itd.idaho.eov Attachment INTERAGENCY AGREEMENT FOR LANDSCAPING AND MAINTENANCE OF THE INTERSTATE-84/TEN MILE ROAD INTERCHANGE Project No. A011(932) Key No. 11932 This AG~ E~MENT ("A reement") is made and entered into this ~~ f ~Rin~s.- , by and between the Idaho Transportation Department (hereinafter, "State"), and the City of Meridian, an Idaho municipal corporation, (hereinafter, "City") (collectively, the "Parties"). RECITALS WHEREAS, the City has requested that the State approve the expenditure of transportation funds for landscape treatments of the Idaho Transportation Department's Interstate 84 /Ten Mile Rd IC Landscaping Project No. A011(932) to provide scenic enhancement of a gateway road into the City of Meridian; and WHEREAS, the City is committed to protecting the investment of these funds by performing certain maintenance as agreed upon between the parties; and WHEREAS, authority for this Agreement is established in Section 40-317, Idaho Code, which allows for cooperative agreements between the Idaho Transportation Department and municipalities for the construction of and improvements to bridges and state highways; and NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do mutually undertake, promise, and agree as follows: I. Appropriation of Fnnds This Agreement contemplates that the State will appropriate sufficient funds, not to exceed $880,000.00, to design and construct landscaping for the new interchange at the junction of Interstate 84 and Ten Mile Road, in Meridian, Idaho, near Mile Post 42.00 (hereinafter, "Project Site"). This Agreement is limited to that project, identified as ITD Project No. A011(932) and specifically shown on Exhibit A, attached hereto and incorporated herein. If, within two (2) years of signing of this Agreement by the parties, sufficient funds for this transportation project are not appropriated and a bid process is not completed with the awarding of construction of Project No. A011(932), this Agreement shall become null and void and neither party shall have any obligations to the other under its terms. I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 1 R~ RCg1S$61 ~A II. Responsibilities of State 2.1 State will design and install landscape features in accordance with the Project Plans for Project No. A011(932), shown on Exhibit A to this Agreement. 2.2 State agrees that it will provide and install landscape improvements described as follows: a. Four (4) Islands/Approach Triangles improved with shrubs, perennials, non-mown grasses, rock mulch, sidewalk, stamped colored concrete border, topsoil, and pressurized irrigation system; b. Two (2} raised median areas on Ten Mile Road improved with shrubs, perennials, non-mown grasses, rock mulch, stamped colored concrete border, topsoil, and pressurized irrigation system; c. Interchange ramp and Ten Mile Road slopes improved with non-mown grass; d. Interchange detention ponds improved with water tolerant shrubs and water tolerant non-mown grass; 2.3 State agrees to notify City of any future highway construction that would impact the landscape improvements covered by this Agreement, and to seek mutually-agreeable solutions to any such construction in order to minimize the destruction or removal of the landscape improvements covered by this Agreement. If a solution is not found, both parties understand and agree that State shall be allowed to remove the landscape improvements at its expense and that City's obligations under this agreement shall cease. In such event, State agrees to provide sixty (60) days written notice to City prior to any construction or other actions to remove the landscape improvements. 2.4 State agrees to hold contractors/subcontractors responsible for any and all damages to the landscape improvements resulting from contracted work at the Project Site. 2.5 State, or its Contractor, shall assure the establishment of plantings by watering, cultivating, replacement of plants or mulch, and other work necessary to maintain the plants in a healthy condition, throughout a plant establishment period of one year. 2.6 State shall maintain the Ten Mile IC bridge structure, including the irrigation pipe sleeve provided for installation of the pressurized irrigation system though the structure. State shall also maintain the integrity and functionality of the Interchange detention ponds located within the I-84 Right-Of--Way. 2.7 State agrees to hold all contractors responsible for warranties provided under agreements between State and contractors/subcontractors for the benefit of City in its maintenance obligations under this Agreement. All warranties shall be for a minimum of a one year period from date of substantial completion. • I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 2 ,• ,• III. Responsibilities of City 3.1 The City will review and approve the construction plans and specifications, prior to the project advertisement for construction. 3.2 Upon completion of construction of Project No. A011(932) and City inspection and sign-off of the landscape improvements, City will assume responsibility for maintenance and care of the landscape improvements described above, as follows: a. Maintain all shrubs, perennials, and grasses in a healthy condition, replacing any vegetation with same or equivalent plantings as needed, with responsibility for replacement after completion of the one year establishment period; b. Maintain the graded areas to the shape and contours as established at the Project Site, unless a modified grading plan is approved by Idaho Transportation Department; c. Remove trash and other roadside debris from the approach triangles farmed by the on and off ramps at the Project Site; d. Trim and prune as required to remove dead materials and to maintain the vegetation in an attractive condition; e. Operate and maintain the pressurized irrigation system, including main and distribution pipes, the pressurized irrigation pipe within the pipe sleeve in the interchange bridge structure, valves, sprinklers, and control system, with responsibility for replacement after the Contractor warranty periods are complete; f. Maintain sprinklers so that they da not wet the roadways. g. Utilize State-approved highway safety procedures for City personnel during all times of landscape maintenance completed within the State retained Right-of--Way; 3.3 City shall be required to perpetually maintain the landscape areas within the Project Site as shown on Exhibit A, subject to annual appropriation of such maintenance cost by the City and in conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution. 3.4 Should the City desire additional landscape improvements after completion of Project No. A011(932), City will comply with State's standard permitting and approval process for work completed within the I-84 and Ten Mile Interchange Right-Of--Way. • I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 3 • • IV. Indemnity Should any part of the landscape features within the State retained Right-of--Way and maintained by the City be damaged or destroyed though the wrongful or negligent act of any third party, the State will make every effort to determine the identity and whereabouts of the responsible party and the State will attempt collection of the costs of the repair or replacement. If the State is able to collect the cost of repair or replacement, it will advance the funds to the City, based on City estimates or repair invoices. City does hereby indemnify, save and hold harmless State from and against any and all liability, damages or costs, known or unknown, relating to or as a result of City's maintenance of the Project Site and not as the result of the negligence of State. State does hereby indemnify, save and hold harmless the City from and against any and all liability, damages or costs, known or unknown, relating to or as a result of defects in the construction of Project No. A011(932) resulting in additional cost to the City to plant, repair, replace or maintain the aesthetic improvements which are the subject of this Agreement and not as the result of the negligence of the City. V. Term of Agreement It is anticipated the term of this Agreement shall be perpetual, subject to annual appropriation of such maintenance cost by the City and in conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution. Neither party may terminate this Agreement without the prior written consent of the other party, other than as set forth in this Agreement. VI. General Provisions 6.1 Contact Information: The contact for the Idaho Transportation Department shall be the Assistant District Three Engineer (Operations) at (208)334-8300. The contact for the City of Meridian shall be the Director of Public Works at (208) 898-5500. 6.2 Termination of Interagency Agreement/Nonappropriation: Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. 6.3 Attorney Fees: In the event of any controversy, claim, or action being filed or instituted between the parties to enforce the terms and conditions of this Agreement, or arising from the breach of any provision hereof, the prevailing party will be entitled to receive from the other Party all costs, damages, and expenses, including reasonable I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 4 attorneys' fees including fees on appeal, incurred by the prevailing party. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration. 6.4 Choice of Law: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Idaho. 6.5 Exhibits: All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. 6.6 Entire Agreement: This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. 6.7 Acknowledgments and Modifications: No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure there from, shall be effective unless in writing and signed by State and City. 6.8 Headings: The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. 6.9 Counte arts: This A Bement ma be executed in two or more counte arts rP ~ Y rP a each of which shall be deemed an original, but both of which together shall constitute one and the same instrument. End of Agreement [Signature page follows.] • I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 5 t • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF MERIDIAN Tammy de eerd, Mayor IDAHO TRANSPORTATION DEPARTMENT Assistant Chief Engineer (Development) Attest: ```~`~~~~~~i u n n-ii~,,,~i ,~`~ `l ~ O/,9~~''io~~~ ti ~. 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I~ f 1 1 ~_ ~ i J ~ ~ 1 ~ 1 Z ~ _ n. n N i ~ F ~ ~ ' ^ f J pW. 4 1181HX3 33S 3NIl MV3~18 MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. 5E REQUEST Agreement for Hook-Up to City of Meridian's Sewer/Water System Outside the City Limits with White Clouds Investments, LLC. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: See Attached 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 Mertdtan. ~ ~~i~E IDIAN Public IDAHO ~or~s Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Scott Steckline, Land Development Supervisor DATE: 11/1 ZI2009 SUBJECT: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE TAE CITY LIMITS I. RECOMMENDED ACTION Mayor Tammy de Weerd ~~ ~ Bea Brad ~, ChaAes Rountree Davfd Zaremba A. Move to: 1. Appmve the AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS with White Clouds Investment LLC. 2. Authorize the Mayor to sign the agreement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONNEL Tom Barry, Director of Public Works 489-0372 Bruce Freckleton, Development Services Manager 4$9-0362 Scott Steckline, Land Development Supervisor 489-0369 III. DESCRIPTION A. Background The property owner located at 4384 W Franklin Road (White Clouds Investment LLC) is requesting to enter into an agreement with the City of Meridian allowing the owner to utilize an approved septic system for means of sanitary sewer disposal, until city services become available. In addition, the "Sewer/Water User" will be responsible to connect to the future gravity sewer main that will be located in W Franklin Road within six months of sewer. service being available. Owner will be responsible to connect to the existing water main that is located in W Franklin Road within six months of sewer service being available. When the Page 1 of 2 real property becomes legally eligible for annexation into the "City", the "Sewex/Water User" herein gives consent to such annexation, agrees to pay the annexation application fee, and agrees to apply for annexation. VII. LIST OF ATTACIiMENTS A. Agreement. . , .C Approved for Council Agenda: ~ 1 ~ t ~ ~o~ Bruce Freckleton, Deve ent Services Manager Date r • Page 2 oj2 • AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIlVIITS: MGB INVESTMENTS LLC 'PVHITE CLOUDS IlWESTMENTS LLC 4380 W FRA,NI{I.IN ROAD MERIDIAN, ID $3642 TffiS AGREEMENT is made and entered into this o~ ~~day of ~A 20~_, by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and u~~~~~ Caou.cl ZyW~~+nno,~'A t..L~~,. , as hereinafter defined and hereinafter referred to as "SEWER/WATER USER". 1. RECITALS: 1.1 WHEREAS, "Sewer/Water User" is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code §SO-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and 1.3 WHEREAS, "City" operates and maintains and develops as Sewer/Water system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-4-26 and 9-1-16; and 1.S `WHEREAS, the "Sewer/Water User" is the owner'of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sewer/Water Usez" is desirous of obtaining connection to the Sewer/Water to serve the "Real Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "Sewer/Water User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" "Ordinance" and "Policy/Regulations" which govern its Sewer/Water system be included as terms and conditions of this agreement and that the AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITYLIMITS - i • "SewerlWater User" provide perpetual consent to annexation of the "Real Property" in to the "City". 2. DEFi1~iITIONS: For all purposes of this agreement the following words, ten~nsx and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the.presentation ofthe same requires otherwise: 2.1 "Ciiy": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "SewerlWater User": means and sha11 refer' to and/or the person who is the owner of the real property. 2.3 "Real Prt-perty»: means and shall refer to certain pareel(s~ of r~l property located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control -and use of its Sewer/Water system presently at Meridian City Code § 9-4-z6 and 9-1-16, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.5 KPolicy/Regalations": means and shall refer to any City Council enacted policy andlar regulation of its Sewer/Water system. 2:b "Sewer/Water System": means and shall refer to the City's Sewer/Water system. NOW THEREFORE, inconsideration of the covenants and conditions set forth herein, the parties. agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWER/~VATER HOOKUP SERVICE: The "City" agrees to authorize a connection to the "Sewer/Water System" to AGREEMENT FOR HOOKUP TO THE CITY' OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 2 ~i service the "Real Property" subject to. the terms and conditions of this Agreement. 5, CONDITIONS AND REQUIREMENTS OF SEWER/WATER USER FOR THE HOOKUP OF THE SEWER/WATER LIQ~TE TO THE REAL PROPERTY: 5.1 The Sewer/Water user shall be responsible for all costs associated with the preparation bf construction plans, acquisition of necessary easements, and all costs of construction. The hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water User". 5.2 The Sewer/Water user will be responsible to connect to the fiuture gravity sewer main that will be located in W Franklin Road within siz months of sewer service being available across the Putdam Drain to the east side of the Drain.: The construction costs associated with the gravity Sewer/Water will be the sole responsibility of the Sewer/Water user. ~J 5.3 The Water user will be responsible to connect to the existing main that is located in W Franklin Road within six months of sewer service being available. 5.4 The Sewer/Water user shall pay all Sewer/Water assessments prior to receiving City services. 5.5 All conditions requiring the Sewer/Water user to connect to City services. are based upon the parcel currently have a structure requiring the need for Sewer/Water service. If no structure is located on the subject parcel at the Sewer/Water service is available this condition is void. • 6. ORDINANCE APPLICATION: The "Ordinances' and "Policy/Regulations" apply to the SeweriWater service and connection and ace herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this agrcement is automatically amended in accordance therewith. 7. ANNEXATION: At such time as the real properly becomes legally eligible for annexation into the "City", the "Sewer/Water User" herein gives consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request and application for such AGREEMENT FOR HOOKUP TO THE CITY OF MERiDIAI<T'S SEWER/WATER SYS°rEM OUTSIDE THE CITY LIMITS - S annexation in accordance with I.C. § 50-222 or any amendments or tecodification of said statute. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall ~ in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real properties outside of the city limits. 9.. RE(~UYREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including a!1 of the Exhibits, at "SeweriWater User" cost, and submit proof of such recording to "Sewer/VV'ater User". 10. DEFAULT: Any failure to perform the terms and conditions of this agn„ement shall be a default. 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Sewer/'6Vater User", or by any successor or successors in tide or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of thecovenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not limited to, termination of Sewer/Water service to a1.1 uses located on the real property covered by this agreement. 11.2 In the event of a default; written Notice of Default shall be served and defaultingparty shall then have thirty (30) days after delivery of notice of default to correct the same before the non-defaulting party may s~k any remedy provided for herein. 11.3 In the event the performance of any covenant to be performed hereurtder by either "Sewer/VV'axer User" or "City°' is delayed for causes which are beyond the reasonable control of the party responsible for such perfoanance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such perfonnaance shall be extended by the amount of time of such delay. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/VVATER SYSTEM OUTSIDE THE CITYLIMITS - 4 12. NOTICES: 12.1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3}days after deposit in the United States 1VIai1, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: PROPERTY OWNER: c% Public Works Drrector MGB INVESTMENTS LLC City of Meridian WHITE CLOUDS INVESTMENTS LLC 6601•. Watertower, Suite #200 15493 Hollow RD Meridian, ID 83b42 Caldwell, Idaho 83607 with copy to: city clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83G42 12.2 A party shall have the right to change their address by delivering to the other party a 'u~mitten notification thereof in accordance with the requirements of this section. 13. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemal to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 15. BINDING UPON SUCCESSORS: • AGREEMENT FOR HOOKUP TO THE CITY' OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THECITYLIMITS - ~ This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in oiI•ice. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 16. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to he excised there from and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer/Water User" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral flr written, express or implied, between "Sewer/Water User" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors is interest or their assigns, and pursuant, with respect to "City", a duly adopted resolution of "City". 18. TERMINATION; At such time as the "Real Property" is annexed into the City, this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE: 'This Agreement shall be effective at such time as both parties have executed this Agreement. • AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDETHE Cl'1`YLIMITS - b ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Property Owner o~ Ll~°, (A91n,i~4cc,~c9~ -l~~t~,a~ N ov wtu.K UO . ~~+•~ H. CITY OF MERIDIAN .~eGG~~ By: MAYO TAMMY DE WEERD ATTEST: JAYCEE OLMAN, CTTY CLERK APPROVED BY COUNCIL ON: ~ ~ ' Z~ ' Zc~~°I STATE OF IDAHO, ) County of Ada) ss. On this ~ day of ~0~~,~~-I~ , in the year 20~, before me, the undersigned, a Notary Public, personally appeared, N1dra~iart ~1[A known or identified to me to be the property owner, who executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. AGREEMEAIT FOR HOOKUP TO THE CITY OF MERIDIANS SEWER/WATER SYSTEM OUTSIDETHECITYLIMITS - ~ • Notary lic for Idaho Residing at: ` ~ ~ My Commission xpires• - -2 STATE OF IDAHO, ) County of Ada ss. On this ~ day of IVcyeN,~~r , in the year 20 0~, before me, the undersigned, a Notary Public, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. •'c~,1GP'--'J~~~•. o Public r Idaho • .~ ~.~ • w~',~~ `~ ~' ~ Residing at: t~.~~1~ 1(~~Ino My Commission Expires: ~,1[~ v~ ~I . ,Jo t ~l . ~ ~ . • ~ ~ . . . . • • `. Ci, ~• ••• 9~ OF ~.•. • AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S . SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 8 MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. REQUEST Consultant Agreement with Safety Enterprises, Inc. to Provide Sc Services to the City of Meridian, for aNot-to-Exceed Amount of $27,600.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: See Attached 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: 5F Materials presented at public meetings shall become property of the Cffy of Meridian. ~ ~~i~E IDIAN~ P11b1~C IDAHO I W'or~s Department TO: Mayor Tammy de RTeerd Members ofthe City Council FROM: Scott Steckline, PrerBdent o, f the Safety Gomm~rrafttee DATE: 11/09/2009 Mayor Tammy de Weerd ~~,Me Keith Bird Bran Hoagiun charm Rountree u~,td Zarenba SUBJECT: PROFESSIONAL SERVICE AGREEMENT FOR SAFETY CONSULTING I, RECOMMENDED ACT10N A. Move to: 1. Approve the Consultant Agreement with Safety Enterprises, lnc, the most qualified firm to provide Safety services to the Ciiy of Meridian, in an amount not to exceed $27,600.00 2. Authorize the Mayor to sign the agreement, and the Gity Clerk to attest. II. DEFARTMENT CONTACT PERSONNEL Tam Barry, Director of Public Works 489-0372 Bruce Freckl@ton, Development Services Manager 489-0362 Scott Steekline, Land Development Supervisor 489-0369 III. DESCRIPTION A. Background The City of Meridian Department of Public Works {Department) has always been committed to providing our employees with a safe and healthful workplace. No activity conducted by Department employees is so important that we cannot afford to conduct the activity tin a safe and healthful manner. The Department also accepts the responsibility for providing appropriate health and safety training for our employees, and providing employees with the means to conduct their activities in a safe manner. • Page 1 of 2 • B. Consultant Selection On September 28'~ 2009 the City of i~lleridian solicited proposals from firms capable of providing Safety Consultant Services. After reviewing the proposals, Safety Enterprises was selected as the most capable consultant. N. IMPACT A. Fiscal Imapact: project Costs Consultant Agreement 27 600.00 Total $27,600.00 Project Funding Funds will be divided equally among the following Departments. • Engineering 3200-5204fl-60 Water Department 3410-52040-60 Waste Water 3510-52040-60 V. ALTERNATIVES A. At this time no other alternative are available. In the future, the City may look into the possibility of hiring a full time employee to perform the Safety Consultants duties. VII. LIST OF ATTACHMENTS A. Consultant Agreement Approved for Council Agenda: ~~ ~~ / d a Bruce Freckleton, Dev opment Services Manager Date Page a oj2 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 17th day of November , 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 Avenu®, Meridian, Idaho 83642, and Safety Enterorise, Inc., hereinafter referred to as "CONSULTANT", whose business address is 660 Wa#ertowe .Suite G.. Meridian ID 83642.. INTRODUCTION Whereas, the City has a need for services involving Safety Consulting Services; and WHEREAS, the Consultant is specially trained, experrenc~d 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 S~Ic®s: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the Cites writt®n notice to proceed, all services, and comply in all respects, as specified in the document titled °Scope of Services° a copy of which is attached hereto as Attachment °A" and incorporated horein by this reference, together with any amendments that may be agreed to in wripng by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant.under.this Agreement, including without limitation electronic data files, are the property of the Consultant; 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 Consultant may copyright the same, except that, as to any work which is copyrighted by'the Consultant, the City reserves a Safety Consultant -- page 1 of 12 • royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part ther®of, and to authorise others to do so. 1.3 The Consultant 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 Consultant represents and warrants that it will perform it's 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. F~ccept for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant at the City's request under this Agreement will be perfom~ed 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 Consultant shall be comp®nsated on a Time & materials basis as provided In Attachment B °Payment Schedul®° attached hereto and by reference made a part hereof. 2.2 The Consultant shall provide the City with a monthly statement , as services warrant, 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 Consultant under th®terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided In this Agn:ement, Consultant 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, dn~wings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, Safety Consultant - page 2 of 12 • retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: This agreement shall become effective upon execution by both parties, and shall expire one year from execution. This agneement may be extended for up to three (3) one year terms if agreeable by both parties.upon completion of the agreed upon senricx3s, September 30, 2010 or unless sooner terminated es provided below or unless some other method or time of termination is listed in Attachment A. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Attachment A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultan# shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant 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 actilrities of Consultant in fulfillment of this Agreement. 5. lndemnlflcatlon and Insurance: CONSULTANT 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 CONSULTANT, its servarrts, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the Safety Consultant - page 3 of 12 • minimum amounts as follow: General Liability One Million Dollars ($1,000,000} per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or ocxurrence and 1rMlorkers' 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. CONSULTANT 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 I~igation costs and attorneys' fees, arising out of, resulting from . or in connection with the performance of this Agreement by the Consultant or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal Injury., death, or damage or destrucfion to tangible or intangible property, including use of. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten {10} days prior to the date Consultant begins pertormance of it's obligations under this Agreement. !n the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 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, cerf3fied, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Safety Entemrise~lnc. Attn: Richard Feeler 6(10 E. Watertower Suite G Meridian, ID 83642 ~h. (208) 898-083Q Safety Consultant - page 4 of 12 • Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. Attorney F®®s: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contact between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. 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. 9. Asslgnnt®nt: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 10. Discrimination Prohibited: In performing the 5ervic:es required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of ace, color, religion, sex. national origin or ancestry, age or disability. 11. R®ports and Infonmation: 12.1 At such times and in such forms as the CITY may require, there shall be famished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreemen#-for a minimum of four (4}. years from the termination or completion of this or Agreement. This includes any handwritting, 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. Safety Consultant - page 5 of 92 12. Audits and Inspections: At anytime 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 CONSULTANT'S records with respect to all matters covered by th1s Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all oontracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 13. Publication, Reproduction and Use of Mat®rial: 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 authori#y to publish, disclose and othenroise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In perfom~ing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and cx~des of Federal, Stater and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be perfom~i hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by.and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through arty cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, fals'it`ies 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 CONSULTANT of such termination and specifying the effective date thereof at least fifteen (1!a) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT Safety Consultant - page 6 of 12 under this Agreement shall, at the optlon of the CITY, become its property, and CONSULTANT shall be ent~led to receive dust and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not b® relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survnre the termination of this agreement and shall not relieve CONSULTANT of its iiabiGty to the CITY for damages. 17. Construction and S®verability: 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. 18. Advlce of.Attorney: Each party warrants and represents that in executing this Agreement, It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supen3edes any and ail other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in acxordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Safety Consultant - page 7 of 12 CITY OF MERIDIAN BY: _ TAMMY de 1IUEERD, MAYOR Approved by Council Attest: JAYCEE HOLMAN, CITY CLERK Approved as t Content BY: KEITH WATTS, URCHASING AGENT Dated- ~~ ~ ~~ Approv®d as to Form CITY ATTORNEY Saf®ty Enterprise, Inc. r {. ~, • BY: Ri ani Fesler Department Approval BY: NAME: TITLE: Dated: Safety Consultant - page 8 of 12 • Attachment A SCOPE OF SERVICES (Inspection) Scooe of Services Attend monthly Safety Cornmittee Meetings and serve as a resoun~ during the discussion. Attend bi-annual Task Force Meetings and serve as a resource during the discussion. Conduct the following Site Safety Audits: Wat®r Departm®nt Construction process (New Water Wells 8 Building) Physical safety of wells & pump stations • Work activity review; Wells, Pump Stations scheduled during maintenance activities at the physical locations Waste Wat®r Treatment Facility Construction process (conduct safety review while on plant site) Normal production operrations (schedule to conduct reviews of site safety) Physical safety of lift stations Work activity review; Plant, lift stations, scheduled during maintenance activities at the physical locations .Engine®ring/D®velopment Sentices Construction process of Public Works Projects (conduct safety review of project sites) Provide recommendation for safety training to the Public Works employees. • Conduct safely training (as agreed) to Public Works employees. Safety Consultant - page 9 of 12 SCOPE OF SERVICES (Tralniing) Conduct Safety Training G®tteral Saf®ty Trainiing: A minimum of two (2) separate Safety training topics will be presented each year. Each topic wilt b® presented a minimum of four (4) times over a three week period each year (approx. two (2)hours per session). General Safety Training sessions are included in my labor cost, materials cost and vehicle cyst. Each training session will include a list of participants compl®ting the training, a copy of the signed roster and a copy of the instructional handout materials. The following is a list of typical general safety topics from which the classes may' be based. Accident injury Response Policy Beck Safety Bloodbome Patho9'ens Chemical Hygiene Plan Awareness Training Cold Stress Electrical Safety Emergency Action Plan Energy isolation- Lockout/Tagouf Excavation Trenching Awareness Training Fall Protection Training Fire Extinguish®rs Harassment Issues in fhe Workplace Hazard Communication Heaf Stress Holsf and Rigging Safefjr-Portable & Fixed Ladder Safety Lift -Cony -Bend Safely Machine Guarding Material Handling -Manual Liffing fdoise (Hearing Conservafion~ Personal Protective Equipment Scaffold Safety Use Awareness Slip, Trip and Fal! Hazarofs Awareness Training Spll1 Response fo Chemical hazard Violence in fhe Work Place Water Safety Safety Consultant - page 10 of 12 C7 W®tding, Cuffing and Braling Others Technical Training: A minimum of one (1) technical training classes will be presented at an average. length of 5 hours a minimum of three (3) different times over a three (3}week period. All material costs are included in the training fees. Possible topics include the following: Accident Investigation 4 hours Buckef/Boom Truck Operator Safety 4 hours Chemical Hygiene jLab Safety) 2 hours Conducting PPE Hazard Assessments 2 hours Conducting Job Hazard Analysis 4 hours Drivers Safety Training, 4 hours Electrical ARC F-ash Hazard * 4 hours Emergency Response Team Training 4 hours Excavafion and Trenching Safety * 6 hours Fire Brigade 4 hours HAZWOPER 40, 24, 8 hours Incident Command System Training, 3 hours OSHA Outreach 70 Hours Safety Training 70 hours General Industry Construction Industry Permit-Required Confined Spaces " 6 hours Powered Platforms 4 hours Aerial and Scissor Lift equipment Powered Industrial Trucks - Forldift` 4 hours Respiratory Protection & Fit Testing 4 hours Scaffold Competent Person Training 6 hours Supervising For Sefefy 4 hours Workplace Hazards Identification 4 hours Others Safety Consultant - page 11 of 12 • Attachm®nt B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall nvt exceed $27,600.00. Fees wiii be billed monthly for actual services performed for the previous month per the schedule below. TASK DESCRIPTION Unit Amount q• Safety Professtanat for Inspections (40), Training Sessions (11) 8~ Meetl s 14 $68.11/hr. $5,8.00 B• Safety Construction Tech for Inspectors (200) $24.85/lu. $12,800.00 ~• Job Site Report Documents (220) $8.63 ~~•~ D• Physical Site Inspectlon Reports (20), includes photo copies, digital hotos taken 8 used and bindin of re rt $50,00 $1,OOOAO E• Training Allaterials Binding (60), includes di~~tal photos taken 8 used. $30.00 $1,800.00 F. Safety Committee research projects completion (12) includes documents & oto co ies. $41.66 $5.00 G• Vehicle Operating Expenses per mile (~ 8080 miles. ~.~ $2.000.00 H, Professional E80 Insurance, General L'uabitlty 8 Automotive insurance. $1,800.00 I Rental of training or display equipment (ta be reimbursed from actual recei ts. N marku $1,000.00 J TQTAL $27,600.00 Safety Consultant - page 12 of 12 MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT REQUEST Budget Amendment to the FY2010 Bu Efficiency Block Grant (EECBG) Funds ITEM NO. SG et to Incorporate Energy AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS 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 Cify of Meridian. 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V H o O O ~~ ~ O v _ O C s c EW 0 m ~ ~~ m 'a C C '~ 19 c o ~~ ~ O m'v MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. 5H REQUEST Budget Amendment Requesting Authorization to Purchase five (5) Additional Personal Computers for the Public Works Department with FY2010 Budget Savings from the Computer Replacement Fund AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: See Attached 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 Merldlan. ~;i~E IDIAN~- PLlbi1C ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Becky Licari DATE: 11/12/2009 Mayor Tammy de Weerd e~ ce~dl Memibe~:~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: AUTHORIZATION TO PURCHASE FIVE (5) NEW COMPUTERS FOR THE PUBLIC WORKS DEPARTMENT I. RECOMMENDED ACTION A. Move to: 1. Approve the Budget Amendment requesting authorization to purchase five (5) additional personal computers for the Public Works Department with FY10 budget savings from the Computer Replacement Fund. II. DEPARTMENT CONTACT PERSONS Becky Licari, Administrative Assistant II 489-1361 Tom Barry, Director of Public Works 489-1372 III. DESCRIPTION A. Back rg ound The Public Works Department reorganized in October 2008. In that reorganization, four FTE positions from Water and Wastewater Operations were transferred to Public Works Engineering and Administration. Those positions had not been ones that had been assigned a dedicated computing resource (PC) as they instead shared central computing resources with other staff positions because they were dominantly field positions. The reclassification of those FTEs to engineering and administrative positions necessitated the need to acquire personal computers for each position because of the nature of the work involved. It was decided at the time of the reorganization to delay purchase of the necessary computing resources until the positions were filled. Two of these positions have recently been filled and are using loaner computers from the IT Page 1 of 3 Department. The remaining two positions are in process and should be hired by year's end. The fifth computer replaces a computer that was moved when an employee was recently transferred from one Division in Public Works to another. (ATTACHMENT A) B. Proposed Request The City's IT Department has recently negotiated a lower computer replacement cost with its vendor for the fiscal year 2010. The cost savings is $400.00 less than what was budgeted for in the FY2010 Computer Replacement Budget. This savings has resulted in a net expense reduction of $6,400 in the FY2010 Enterprise Fund Budget for computing resources. The proposed request seeks Council approval to authorize expenditure of the cost savings so that it may be applied to purchase five more computers at a total cost of $6,115.00. Should this request be approved, there will still remain a cost savings of $285.00 in the FY2010 Enterprise Fund Budget Request for computing resources. (ATTACHMENT B) IV. IMPACT A. Strate ig c Im acct: Providing our staff with the tools and technology necessary to perform their job is essential and supportive of our department Vision which states: "Our staff is technically proficient, our information is centralized, our processes are streamlined and automated, and we leverage cutting edge technology to provide expedient, single-contact customer service." B. Fiscal Impact: No new additional funds are required. Purchase would be made through cost savings. Final Computer Replacement Fund budgets savings would be $2,400.00. Funding PW Computer Replacement Fund Budget Savings ($ 6,400.00) Requested Computers Cost New desktop computer (5 @ $1,223.00 each) 6 115.00 Balance Final PW Computer Replacement Fund Savings ($ 285.00) Page 2 of 3 V. TIME CONSTRAINTS Council's approval to purchase these additional computers will make certain that our new employees have the tools and technology required to do their jobs. VI. LIST OF ATTACHMENTS A. Budget Amendment Form $. Enterprise Fund Computer Replacements for FY10 Approved for Council Agenda: Tom Barry, irector o is orks l- /~- Date Page 3 of 3 Page 1 of 1 Todd Lavoie From: Stacy Kilchenmann Sent: Thursday, November 19, 2009 11:21 AM To: Tom Barry; Becky Licari Cc: Todd Lavoie Subject: RE: Budget Amendment That still doesn't change the fact that you can't use the $400 from Development Services. You can't buy part of a computer out of one fund and the other part out of another fund and we are not doing a fund transfer for $400 which would require a complete appropriation approval process of it's own. But, all you need to do is increase the spending request by $400 unless you can find another $400 in the enterprise fund. We can fix it here for you so you don't have to re-type etc. From: Tom Barry Sent: Thursday, November 19, 2009 11:03 AM To: Stacy Kilchenmann; Becky Licari Cc: Todd Lavoie Subject: Re: Budget Amendment Stacy, We promoted a Development Services staff member to a Ent Fund position in Engineering a few months ago. He took his computer with him since we didn't have one at that time. How about we just proceed with the amendment as written with the understanding that once the new computer comes, we will switch his computer out and return it to Development Services? Tom From: Stacy Kilchenmann To: Becky Licari Cc: Tom Barry; Todd Lavoie Sent: Thu Nov 19 09:34:43 2009 Subject: Budget Amendment Hi Becky I am reviewing your budget amendment for additional computers. There is one problem. As part of the "savings" you have listed a computer in Building Department. The Building Department is in the Development Services Fund, not the Enterprise Fund. You can't cross the funds. We would have to literally do a fund transfer which involves actually writing a check and several other accounting issues I will not go into but this is not an appropriate transaction for a fund transfer in amount or nature even if the Development Services had any funds to transfer. So long story short please coordinate with Todd re changing the amendment documentation accordingly. Stacy Kilchenmann CPA CFO, City of Meridian Meridian, Idaho 11/19/2009 Enterprise Fund Computer Replacements for FY10 ASSest Taa Computer Tvne Purrhasat4 Vaar Attachment A FY10 Computer Renlac~mAnt Fund Rurlnaf w~ n ~.,....~o.,•...~ n,...• 3846 Gatewa Pentium 4PC 35ot7 unknown $1,200 $800 4562 MPC ClientPro 345 Iq 40 FY05 / $1,200 $800 4560 MPC ClientPro 345 sa0 FY04 ~ $1,200 $800 4567 MPC ClientPro 345 3suD FY04 ~ $1 200 $800 4568 MPC ClientPro 345 350 o FY04 / $1,200 $800 4572 MPC ClientPro 345 35vo FY04 / $1,200 $800 4581 MPC ClientPro 345 3500 FY04 ~ $1,200 $800 4612 MPC ClientPro 345 i;SDD FY04 ~ $1,200 $800 4573 MPC ClientPro 345 3yov FY04 ~ $1;200 $800 4551 MPC ClientPro 345 32a~ FY04 / $1,200 $800 4566 MPC ClientPro 345 3zc~ FY04 ~ $1.200 $800 4721 MPC ClientPro 375 3st7c7 FY06 ~ $1,200 $800 4642 MPC ClientPro 375 340o FY05 / $1,200 $800 4584• MPC ClientPro 375 3zvo FY05 ~ $1,200 $800 4625 MPC ClientPro 375 azo~ FY05 ~ $1,200 $800 5066 SCADA Computer .~Oc~ unknown / $1,200 $800 tal Budgeted Computers for Enterprise Fund in FY10 $19,200 - ,~^ ~~ ti~ _ Actual Cost for Enterprise Fund Computer Replacements $12,800 °~"" - ~ "' computer Replacement Fund Budget Savings for FY10 ($6,400) 3y~ ~ 3 -" 1200" 32~DU = `i - t1v00 ' =fib _ --- (q 4u=1 400 --wlu_ -~o-r ~~ r~+~s ~r~ c~ >=~ s0 ~ moo. p~,J w~ur. ~wzsn~n~ ~3SO Qr 4.p0" a+~ In~t,4 M a~L.E - ~P ~_ 1 T {~ A^.QTp'tYL unit -?-rtsW~ . 4~, 4~ Additional Computers Reauested in FY10 (Price includes necessary software licenses) Administrative Assistant I -reallocated osition 3ZfX7 $1,223 Environmental Pro rams Mana er -new osition 3200 $1,223 Util' Anal st -Reallocated osition current) usin a loaner com uter throu h IT 3LOO $1,223 Staff En ineer -Reallocated osition current) usin a loaner com uter throu h IT 3LO0 $1,223 Develo ment Anal st -Re lacement com uter due tv em to ee transfer 3Zt7Ca $1,223 Total of additionally requested computers $6,115 Budget Savings in Computer Replacement Fund for FY10 (-6,400) Remaining Computer Replacement Budget Funds $285 ~\ ~ r ~ ~ ~ce~se ~- ~t~.2l~t- 3 2~.- c~- asoo - ~' ~o 3~tO~ 54350 < < ZOD - ~~ -qup - s~3sO 400 _~ ~ C ~~ r- ~~ r V Q • z~ ~a a I~--~ o A~ W • m ~. od c°w is +,' A .p ~ ~ LL N a` ~_ cfl c ivy ` C O +-~ E ° ~' ~_ N p ~ ~ c ~ o o ~ ~ V ,C ~ O O ~.~ Na ca ~ ~ o ~ ~ m ~a E O LL m C t V O 0 4 Q O H d LL z W D Z W Q W O m z V C as d W C ai c c +~ ca •c y O H O ._ '4) D ~,., N •nooa a~E~ w ~ ° N ~~~ m ~~~ c~oc~ . ~ ~ _ N O ~'~ ~ C ~ C t •l0 N d C d ~ V ~ ~ N N .c ~ ~ I-- N N ~ O m E ~ a ~~~U Q~ c ~ ~~~N•.. ~~3.~ Z' ~ ~$ N p O O v~ E O N y O a~ !~ ~_~•~ (E ~ O 3 L °~~°=a~ ~c~-= v ~ E _~ arn~ ~ c ca -fl aoi~~~ m' c~~~ ~ ~ ~ .~~i Q,~ ~ 4= E (0 me ~~ ~~~_ ~~ ~ a c ,= c ~~~o .~ ~ .o ~ N N O Q E~i s 0 0 >. o ~~.. ~c ~o.co Q. o Y ~ ~ O ~~~~ ~o~,~ o c~ ~~~~_ c N y LL m a~~i c O C. 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LLo • a ~~ W g D Z 0 W W _ ~ _ O Q .~m d z ~ o ~ a W z z z z° ~ } ~ a- o~ ~ ~ ~ ~ ~° ~ y Z N O Q ~~~ C O a ~ ~ . ~ ~ ~ ~ ~ ~ ~ C o ~ ~ ~ 8 c ~ g ~ ~ ~ ~ m a ~ ~ N ~ ~ ~ a`~ ~ € ~ m Q ~ 'S S > O c ~ V ti W tL ~ ~ E W -~ i z ~ p ~ ~N ~+f N ~ o ~ ~ o O a v o ir a e-~ er e- a ~ ~ N ~ N ~ N ~r N a~ a ~ a ~ a a d ~a. ~~ ~. ~ ~o ~~ O , V N- O ~ ' ~ ~ rJ O N _' ~ . ~ / ~ H H g ~ c ~ ~ ~ ~ ~ :. ~ OC c ~1 ~ ~ ~ d O ~ O a - c S t ~. ~~ p H ~~~~~~ ~~~ m~ ~~~ ~~~~m ~~~~~ ~"'~~ ~s .c ~~ $~ ~.s~ ~ ~ ~~ ~~~ ~.~ ~o ~ ~ ~~~ ~ ~~s U ~~ ~~ r C , ® ~ ~ C a ~ ~ o ~ O C~ OF t9 $ ~ ~ ~ ~' `~ ~- ~~~ ~ a a e ~ ~ ~ ~ Q ~ ~ ~ V O ~ ~ ~ ~~ ~ Y ~ tJ }r ~ ~ ~ 4 ~ _ 0 ~ W ra. ~i ~ ~ Q ~ c Q ~ c ~ ~ a o ~ `~ a >.` o a G ~ ~ ~ d n ~ '$ ~ q ~ ~w o ~ ~ , ~ ~ ~ o ~~ ~ ~' y ~ z ~ 3 ~ ~J ~ „ ~ ~~ Y ~ 4"v °~~ ~ `° w~3 '~~ -~ 0 .~ ~ m ~ r ~ ~ H ~ W d ~ p e o C S ~ t~ v O I- O o t9 ~~ sr v ~~ O ~a ® ~ ,~ a ~~ °~ ~~ ~ C C ~ ~o m~ a a mV W J N I-- m U Q gam Oaf MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. SI REQUEST Open Purchase Order to Buy Water Meters and Meter Transceiver Units (MXUs) from United Pipe and Supply for aNot-to-Exceed Amount of $765,000.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: See Attached 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. ,~ ~ i'~E IDIAN ~lbllC 1 D A N O works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Richard Dees DATE: November 13, 2009 SUBJECT: WATER METER AND MXU ANNUAL PURCHASE I. RECOMMENDED ACTION A. Move to: MaSrar'rammy d~ 1Neerd ,~ Ke:tt~ Brr~ Brad Hoaglun ~~~~ t7cnrid Zaretnba Approve an open purchase order to buy the meters and Meter 'Cransceiver Units (MXU's) from United Pipe and Supply for an amount not to exceed $7b5,000. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Richard Dees, PW Utilities Operations Manager 888-5242 Rick Clinton, Water Superintendent 888-5242 Chip Ifud~n, Assistant Water superintendent 888-5242 Ill. DESCRIPTION A. Background • This purchase continues the program we began in 2003 to replace the touch read meters and systems throughout the City with a radio read system. This purchasc order also funds the meter replacement program, failed meter register replacement, and meters for new construction reimbursed by builders. B. Vendor Selection Pale l of 3 Our meter units must be consistent with what we have installed in ow system. 'lfius we must continue to install and replace failed meters with SENSUS brand equipment. We solicited and received bids from authorized vendors selling SENSUS equipment on November 9, 2004.. United Pipe and Supply is the only authorized provider and submitted a bid. Iu. IMPACT A. Strafe i~c Imp~t: This replacement program is part of an on-going progn~m to retrofit our meters with radio read systems. We have 26,000 accounts and have retrofitted 17,308 meters to date. This purchase order will fund an additional 1,366 MXIJ's. This purchase also funds a change out program that replaces meter registers after 10 years of operation. The change-out progntrn assures accuracy in meter reading and provides us with revenue that is not diminished by poorly operating meters. Meters that fail during the year are also replacRCt using funds from this purchase order. Finally, this purchase allows us to sell meters to contractors when new services need to be provided. This program is consistent with our vision to provide superior customer service and reduced costs. B. ServicelDelivery Impact: Purchasing this equipment will not only allow us to continue with our retrofit program, it will provide us with the necessary parts to repair failed meters and to install appropriate meters in new construction. C. Fiscal Im acct: Project Costs MXU Retrofit $225,000 Meter change-out $184,000 Meter replacement $60,000 New Construction $300,000 Total $765,000 Project Funding 3410-52450 $765,000 d. ALTERNATIVES A. Not purchasing tine meters and MXU units is possible, but not practical. Delaying the MXU installation means that we would continue to read meters in many areas using the touch read system. The result is extra cost in the form of staff time and delayed billing to customers. Not funding meter replacements far Poge Z of 3 failed meters and 10 year change-out program is also possible, but as meters fail. we lose revenue. Not providing contractors with meters for newly constructed facilities means again we will lose revenue. B. We could fund only the meters needed for new construction, but it jeopardize our ability to properly maintain our systems resulting in poor customer service and potentially a loss of revenue. VI. TIME CONSTRAINTS Approval of this contract will allow us to maintain our infrastructure for this fiscal year and take care of new construction. This contract needs to be approved as soon as possible so we can begin our annual program. V11. LIST OF ATTACHMENTS A. Bid package B. United Aipe and Supply bid award • • Page 3 of 3 ~E$IDIAN~ ~ ~J CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208)888-4433 Vendor Address: UNITED PIPE & SUPPLY PO BOX 6326 PORTLAND, OR 97228-6326 Item Code Description Purchase Order Attention: Chip Hudson Billing Attn: Rnance Address: ~ E Broadway Ave Meridian, ID 83642 Shipping City of Meridian Address: Water Department 2235 NW 8th Meridian, ID 83646 Shipping Method: FOB: unit Meters, MXU's, and related water meter parts and registers • Purchasing Agent: / Special Instructions 11/23/2009 truck destination Duernity UnR Price 749681.00 1.00 10-0063 Total 749,681.00 Purchase Order Total: $749,681.00 ~~ ~~~~ Liaison roval• AAP il~ a~- ~ ~ 3lanket Purchase Order per Bid # WT-10-10139 by Richard Walz dated 11-9-09. Jot to Exceed: $748,681.00 ~ed by City Council 11-24-09 i0-3410-52450 • W o m a ~E IDIZ IAN~- • ~J PURCHASMtG DEPAt~TiIAENT 33 Eaat Broadway ave., Ste. 106, Meridiem, ID 83642 Phone: (208) 489-0418 Fax: (208) 887.4813 INVITATION FOR BID BID NO. WT- i 0-10139 CC)NTRACT SPECIFICATIONS FOR: IN~ METERS 2010 BIDS MUST BE RECEIVED PRIOR TO 2:30 P.M. _~1 OVE B R 9.2009 DELIVER TQ: CITY OF MERIDIAN. PURCHASING DEPARTMENT 33 EAST BROADWAY AVE., STE.108 MERIDIAN, ID ~i642 ~ S.flo1u ADDRESS' '~bao LJQgT V ~i3.~5,~ r?~4-= 8 3 h ~ s .~og'-9~-1'? -S:~ay BID Td THE CITY t)F MERIDIAI`' MERIDIAN, IDAHO PURCHASING AGENT s FOR: WATER METERS 2010 FOR WATER DEPARTMENT BIbS Ml ' BE RECEIVED BY THE PURCHASrNC~ DEPARTMENT 33 EAST BROADWAY AVE., STE 106 PRIOR TO 2°~ P.M. ON NOVEMBER 8~ 20Q9'~ 81D N4. WT '~Q-10139 Name of Bidder ~ ~~ ~ ~ Telephone Z.o $ -S~t h - 83~~ Type of Business; j j Individual doing business under own Warne [ ]Corporation [ ]Individual doing business using a fine name (]Partnership ( J Joint venture (Please attach Joint Venture Agreement) Business Address: 7oc'~C~~ y i r..~.a r tL~C Bay Sc ~ ~ - f. ~ S 3'70 Q Street ~ Cit~+ State Zip Code To the City of N~rldian: The underskjne~d, as bidder, certifies under penalty of perJury d-at the only persons or parties intete~ed in this bid as pr&tcipals are those named herein as bidder; that this bId ~ made without lesion with any other person, firm, or cor{xxation; that in submitting this herrshe has examined the eral Condit<ons and Instructions to bidders" and the speci9catlons; that he/she proposes and agrees ff the bkl is accep#ed, he/she wt~ ~rforrn ap the work and /or furnish aq the matetlals specified in the contract, in the manner and ffrne therein prescribed, and according to tits requirements as their set forth; and that he/she will take in full payment therefore, the prices set forth in the attached schedule. Typed or Printed Name and Title Address (if digerer,t than above business address] vVeter Meter 2010 WT-10-10139 2 of 11 • • CITY'8 REPRESENTAYIVES Purchaslr~ Repr+esentativs Keith Watts, Purchasir~ Agent 33 East Broadway Meridian, ID 83642 (209j888-4433 Fax (208) 887-4813 kwatt__ s ~ meridlan~~y.org Teahrti!cal Repreasntatlvs Chip Hudson, Water Division 2235 NW 8~' St Meridian, I D 83642 (208) 888-b242 chudson ~ mgtldiancitv.ora Any and aN expianadons desired by a respondent regarding the meaning or interpretation of this Invitation for Bid or any part thereof must be neque~d to writing. and directed to the perscxn named as the Purchasing Representa#hre and co'd to the Technical iRepresentative tiered above. Violat~n(s) -may ~ caused #or rejec~iiort of fire pal. CITY OF INERiDIAIV Water Mater 2of 0 WT-'10.10139 3 of 1 I DECLARATION UNDER PENALTY OF PERJUY D CA .E Y RE SIGNING To be signed by authorized corporate officer or partner or individual submitting the bid. E A P E If bidder is: Sign: y . An irtdividuai doing business ........................ Under own name. 2. An. indiyidua{ using 8 firm name .................... 3. A Partnership ........................................... 4. A aorporat~n ........................................... Your name only .lol~n Doe, an individual doing business as Blank Company John Doe and Richard Rte, partnen; doing business as Blank Company, by John Doe, Partner Blank Company, by Jahn Doe, Secretary (or other title] ~t,~.cZ ~ • ~1,k.LZ~- tl{~itl~c,1 V ~~.c Qc.`S : ~.~T L~~~ Typed or Printed Name T '~ Signature FOR CITY USE ONLY Bid was opened on above date at prescribed place. Bid bond required: [ x ] No [ ]Yes Amount $ Received: [ ]Cashiers or Certified Check drawn on a Idaho bank t ]Surety bond Purchasing Agent. City of Meridian water Ai~ter 20~o wT=to-io~ss 4 of i QENERAL COND1710NS AND MSTRUCTIONS TO ADDER 1. Bid must be submitted on the four, provided by and made availabtQ at the office of the tarty of Meridian Purchasing Department. Ail items shart be filled in and the signatures of ail persons signing shall be written Bids shag be delivered to th® City Purchasing [department, 33 F_erst Broadway Ave., Ste. 106, Merman, ID 83642 prior to 2:30 P.M. on N~OYErAiIB~F.R 9.00,9. Bids, received sitar That time will be returned unop®ned to the respective bidder acrd will not be considered for ®valuation. Mistakes must be corrected and the correction ibserted; correction must be initialed In ink by the person signing the Bid. Ali bids shall be submitted in a sealed envelope and clearly identified on the outside to read: a) WATER II~ETERS 2010 b) Wt'T-10-10139 c) NQVENiBER 8, 2009 t3ids shall be opened in public at 2:30 P.M. on said date. 2. Alternate bids will not be considered anises otherwise stipulated. 3. The Criy reserves the right to waive arty informalities or minor irreguiariNes in connection with the bids r~eiv®d. 4. if equipment is proposed, it is to be newest and latest mode! in current production. Used, rernanutactured, shopworn, demonstrator, prototype or disc~rtinued models are not atx:eptable unless otherwise stipulated. 5. Wirttin thirty (30} days after the bid opening, a ca'rtract may be awarded by the City to the. lowest responsive and responsible bider, subject to the right of the City to reject ail bids, as it may deem proper in Its absolute discretion. The time for awarding a contract may be ®xtended at the sofa discreetion of th® City. If required to evaluate bids br for such other purposes a& the City may det®rmine, unless the bidder objets to such extension in writing with his bid. Water Meter 2010 In addition to price in detem~ining the most responsroe and 'responsible, considen~tion shall be given, but not IImIt®d to: wT ia~ci~ S of 1 l a. The quality r + performance of the supplies to b$ vlded by tl~e bidder, • b. The ability, capacity and skiff of the bidder io perform the contract or effectuate the transaction; c. The abikty of the bidder to perform the contract or effectuate the transaction within th® time specified. without delay:; d. The character, integrity, reputation, judgment, experience and efficiency of the bidder; e. The quality of bid'tler's perlomtance on previous~purchases by, ar contracts with, the City; f. the ability of the bidder to provide future maintenance, repair parts and services for the suppNes provided. • • 6. The City of Meridian does not discriminate ~ the b®sis of race, religion, sex, national origin, marital status, age, physical handicap, ownership by women or minorities or sexual orientation. SUBJECT TO PARAGRAPH 3 A@OVE, THE CITY MAY NOT ACCEPT A BID FAtLINQ TO COMPLY WITH ANY OF THE ABOVE STATE REQUIREMENTS. Wafer tiAeter2Dt0 WT-1o-io139 6 of 11 DECLARATION UNDER PENALTY OF PERJURY The undersigned declares: that he/she holds the position indicating blow as a corporate Officer or tl~e owner or a partner in the busira~ss entity submitting this bid; that the undersigned is informed of atf relevant facts surrounding the preparation and submission of this bid, that the undersigned (mows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporatlon with any interest in this bid. I declare under penaky of perjury that the foregoing is true and correct. CONTRACTOR/FIRM: BY: TITLE: ADDRESS: 7oaa t~.~SZ ~J ti ~-~c..~ tt.~ _____.T ~al,~.t~, ~,7 ~s 3'? 05 DATE: ! ~ /~ l d y • Wat®r Me!®r 2010 WT-f 0-10139 , 7 of 11 ADDITIONAL TERiAS AND CONDITIONS EXAMI~1„~1TION ~p CONTRACT DOCUMENT~9 The bidders shall carefupy examine the specifications, and satjsfy themselves as to tl~eir sufficiency, and shag not at any tune after submission of the bid. dispute such speafications and the directions expialning or interpreting them. A ARD The City of Meridian reserves the right to make an award on any item. group of items in the aggregate to thatRhose lowest responsible crorttractors {s) whose bid (s) isJare most responsh-e to the needs of the City. The resuking agreemenVpurchase order shag become effective when weed upon by both pt~rties, and shag ®xpir® upon (a) canpietion of the agreed upon services, (b) September 3~, 2010 or (c) unless sooner terminated as provided in the resulting agreemenUpurchase order. Upon mutual agn~emeni by the City and the Contrar~or, fire award may be extended for up to three {3) one {7) year intervals. ~V~ALUATION [Uasaectionl Equipment and goods will be ir>,spected before acceptance by an authorized representative of the City of Meridian for workmanship, appearance, proper functioning of all equipment and systefns, and conformance to all other requirements of the specif&~tions. if deficrortcies are found, it shall be the responsibility of the contractor to pick up the equipmentlgoods and replace for reinspection and a~eptance. Payment wIq trot be made until corrective action has been made. QUANTtT,),ES tAdd[gons) The quantity specified is not a guarantee to purchase and is based upon current known requirements and is subject to increase or decrease. Said Increase or decrease will be gavemed by the same terms and conditions of this Invitation for Bid Contn~ctor delkrering equipment i goods against this specdon chap guarantee that the equipment /goods meet the minimum requirements se forth herein. If it is found that the equipment /goads deliv®red do not meet the minimum requirements of tl~Is specif~ation, the Contractor will be required to correct the same at the Contractor's expense. 8RAN© NA, ME Sensus Brand Water Meters are required due to compliance and compatibility with existing city infraatnxture. Water Meter 2010 WT-10-10139 8 of l I f~E ADREEAAENT DOCUIEEAITS A copy of the Notice inviting Btds, General Conditions and Mstruct~ns to Bidders, Special Conditions, Add~ional Terms and Conditions, Specifications, Plans and / or Drawings, Bidder's Submittal, and any other r®lated documents wNl remain on file in the office of the City Purchasing Agent. It is understood that these documents wig form the basis of the purchase agreement upon award of the contract. Aq matertals yr services supplied by die Contractor shall be in confonnar~ce wiihh all the speclfrcations contained herein and shag be in compliance with any applicable Local, State, and Federal Laws and regulations. NON-COLi.U511?N STATE Ail bidders are herby notified That, in the event a contract is awarded to a Bidder whose bid was made in coqusion with other Bis~iers for the same equipment, the resulting contract is not errfor~able against the awarding agency and may be void by that agency. BID INCiU1,~IES Questions, in written form, regarding, the bid should be directed to: City of Meridian Purcthasing DepartrneM Attn: Keith Watts 33 East Broadway Ave., Ste.10f Meridian. ID 83642 ~aoe~ 4ss-o~a~7 IaAVn~Elu~r anla iNVOlcI I~ Invoices, in duplicate, shag be mailed or delivered to: City of Meridian Accounts Payable 33 East Broadwray Ave.. St®.106 Meridian, lD 63642 Weiler Meter 2810 WT 10-10139 9 of l l WATER [METERS 2010 B1D NUMBER WT-iO-'~Oi39 DESCRIP770N GuANTITY UNIT aeo~t+tT Exr~uot:o ALL ITEMS MUST BE SENSUS BRAND 51$X 31a"SEN METR SR2 LL IOOOG CHB/ROCK A. BTM/PLS BNT/BRZ LCONN TOUCH-READ W/14' S0 ~ ~ ~~ ~ ~~ 5'~ ~f,~!'~ OF W IRE LOW LEAD ~ ~/"SEN METR IOOOG SR2 TRPL CHB/ROCK ' 615 EA ~~0~' b~ ~'~~~ ~ Y~` ZO B. BTM/CI $NT/BRZ LOW LEAD W/20 fl~ WIRE 1"SEN METR LL 14~r SR2 TRPL TOUCH-READ; 25 ~' ? Od ~ ~`~ O O na 1 J C. BNTBRZ LOW LEAD a . , 1 ili 'SEN METR SR LL 1000G TRPL CHB/ROCK 25 EA ~(pZ. o(p f/ 5~f~SQ D. FLGD END L/FLGS LoW LEAD PL CHB/ROCK ~ 25 Eq ~ rl~, $3 1( I~ 7~ E. FLG END L/FLGS LO AD 0i . 5!8 X 3/a" 1 OOOG SR2 TRPL REGIHSG WTfH PIT- ~' 7D ~ ~ D~ Il j~ F. LID HOUSING AND WIRE #45 HOUSING 200 .8 7, o • 1 'h" 1000E SR TRPL REG WlHSG COVERSION 10 Eq 70 $ ~ ©~ ~d REGISTER WITH #45 HOUSING , / , H. 2" IOOOG SR TRPL REG W/HSG CONVERSION 10 EA gyp, Q j -?V $ 1 p REGISTER WITH #45 HOUSING • I. I" IOOOG SR2 TRPL SEN REG W/HSt3 ` ' 20 F~ 70, g ` 1 yl ~o ~ Z(1 CONVERSION REGISTER Wi I H #45 HOUSING ~ J. 3/4" IOOOGA SR2'~RPL REG WIHSG CONVERSION 600 ~ ~~ ` ~ l ~~~' 00 ~ ~ REGISTER WITH #45 HODS InTC3 e i K. 3Ja" #23A SR2 CI SENSUS BOTTOM 20 Eq ~ ~ ~~ L. l " #23A SR2 CI SENSU5 BOTTOM 5 Eq ~ ~ ~ ~ M. S/8" #23B SR2 PL5 SENSUS BOTTCiM N? ~q ~e gt f M. #14B 5/$" SR2 SEN5US CHAMBER 10 Eq ~~~,~~ 4. #14B 3/"SR2 SENSUS CHAMBER 20 Eq O ~ C~tr ~ P. #I4B 1"SR2 SENSUS CHAMBER 5 Eq ~~ ~ q Q. #9-A I ~/ac" SR 5ENSUS CHAMBER 5 Eq , ~.T~ 0~ R. 2" SR CHAMBER COMPLETE #~A 5 EA p, 61 1 ~ S. $20R~ MXU 5DJGLE PORT. TCPLER MFG #S39b 1537520017 575 EA ~~$ . v~0 ~.~, $~ 7•~ PPf PACKAGE 520R Water Meter 2010 WT-10-1 1)138 10 of 11 956 MI~.Z RANGE TOUCH COUPLER SINGLE PORT INTERNAL BATTERY ONLY T. 520 M~CU DUAL PORT TOUCH COUP MFG #539b f 537520037 P1T PACKAGE 5208 9S6 MH2 RANGE 2960 EA ~yB~d © ~~~ tl ~ TOUGH COUPLER i~ ~ ~ DUAL PORT INTERNAL BATTERY ONLY tRl, 520 MXU TOUCH READ EXT CABLE LESS TR1PL 1750 ~ ~~ ? ~ ~ ~ 'S/D HOUSING FOR 520 ~ o , Ud V. 1 ~h" X l!$" RO DROP 1N M'I'R GSKT SO 1 Yz" DROP 1N METER COMPANION FLANGE EA l~.5C0 7~~ ~~ GASKET W. Z" X 1/8" ROM DROP-IN MTR GASKET 2"DROP 50 EA ,Z, p ( f ~ IN METER COMPANION FLANGE GASKET ~~ ~ X. s/a" X 118" RUBBER MTR GASKET 2400 Eq r~y Y. 1" X i/>3" RUBBER MTR GASKET 100 ~ ~y ~ . 00 TOTAL B!D ! yc~ (tl,S Total cost to irtciude al) tabor, material, equipment, freight, insurance, travel, lodging, incidental, and applicable taxes • F•O•B• Prices shall be submitted F.O.B. Destination. Certificate of Und®rs ndlnrx The undersigned represents ar~d warrants that the undersigned has reviewed and urtdersiands the plans, specifications and other doc~nents, and the undersigned is satisfied with ail conditions for perfom~ance of the work. The undersigned has checked carefully all the above figures and understands that the City of AAeridlan will not be responsible for any errors or omissions on the part of the undersigned irm creating this bid. AUT Ri I HO ZED S GNATURE: rr--~~ t _ , -SAP `t~.~~ ~ ~~ L 2- --- PRINT NAME DO NOT DETACH THIS SHEET - SUBbQIT ENTIRE 8iD PACKAf3E AS YOUR BID ~Waier Maier 2010 WT-10-f 0139 11 of 11 9 MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. Jr.I REQUEST License Agreement with Nampa & Meridian Irrigation District for Flush Line Discharges into Evans Drain, Finch Lateral, Hardin Drain, Eight Mile Drain and Five Mile Drain AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: See Attached 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 Cffy of Merldlan. ~~i~E IDIAN~- Public I D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Roxanne Holland, E.I.T. DATE: November 13, 2009 Mayor Tammy de Weerd Cry Ceaneil Mem6eN~ KeRh Blyd Brad Hoaglun Charles Rountree Da~ld Zaremba SUBJECT: LICENSE AGREEMENT WITH NAMPA & MERIDIAN IRRIGATION DISTRICT FOR FLUSH LINE DISCHARGES INTO EVANS DRAIN, FINCH LATERAL, HARDIN DRAIN, EIGHT MILE DRAIN, AND FIVE MILE DRAIN I. RECOMMENDED ACTION A. Move to: 1. Approve the license agreement with Nampa & Meridian Irrigation District (NMID) to allow the City to discharge water from flush lines into the Evans Drain, Finch Lateral (aka South Slough), Hardin Drain, Eight Mile Drain, and Five Mile Drain; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Kyle Radek, Asst. City Engineer 489-0343 Roxanne Holland, Staff Engineer (Project Manager) 489-0347 III. DESCRIPTION A. Background During previous fiscal years water system flush lines were installed at Wells 11, 18, 22, 23, and 24. During an inventory of current license agreements for Page 1 of 2 ~~ /G~, Ol ~~/` flushing stations, it was discovered that agreements did not exist for these 5 well sites. The flush lines allow the water system to periodically be cleaned out by releasing or flushing water at high velocity into the local drains. B. Proposed Project The proposed license agreement with NMID will allow the City to operate these flush lines that were previously installed in a mutually agreed manner between the City and NMID. IV. IMPACT A. Strategic Impact: This agreement is in alignment with Strategic Initiative WA-8: Enhance and protect water quality. The license agreement will allow flushing operations to occur at five well sites. B. Service/Delivery_pact: This license agreement will allow regular flushing at the above mentioned well sites, which will maintain the quality of water delivered to customers. V. ALTERNATIVES A. The City could shelve the license agreement with NMID and take away the ability to operate the flush lines at the associated well sites. Doing so would likely result in a decrease in water quality of water delivered from the wells. VI. LIST OF ATTACHMENTS A. License Agreement with NMID Approved for Council Agenda: d ate Page 2 of 2 • f } t , ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 16 BOISE IOAH012118/09 09:08 AM DEPUTY Ronnie OberbilOg III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III RECORDED-REQUEST OF ic~914~~~#7 Nampa Meridian Irrigation Dist LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this ~_ day of e.L , 2009, by and among NAMPA & MERIDIAN IRRIGATION DISTRt~ I', an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and • CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collecti`~ely referred to as the "Licensee", WITNE~SETH: WHEREAS, Licensee is the owner of real property/right-of--way for a well water flush line (burdened with the easement of the District hereinafter mentionc~~l) particularly described in the "Legal Description" and/or Well Flush Line Easement attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation chtch or canal known as the EVANS DRAIN. FINCH LATERAL (aka South Slough) HARDIN DRAIN i~IGHT MILE DRAIN AND FIVE MILE DRAIN (hereinafter collectively referred to as "ditch or canal" j;, an integral part o€ the District's irrigation works and system, together with the easement therefor to convey i r~igation and drainage water, operate, clean, maintain; and repair the ditch or canal, and access the ditch or c:~nal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this referetce made a part hereof; and, WHEREAS, the Licensee desires a license to c;?rgage in construction or activity, or approve existing construction or activity, affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration _ ~f the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as fct;lc)ws: 1. The Licensee shall have the right to +eurdify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the ma; ner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference mane a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Sp~;cial Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitter or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit t :+:ven if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 2. This agreement pertains only to the Licensees modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner destTibed herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner trot descn'hed in this agreement without l;rst obtaining the written permission of the District. 3. Each facility ("facility° as used in thiti agreement means any object or thing of any nature installed in or on the Districts easement by the Licens<'c or the Icensee's predccc.~sor in interest) shall be cnnstructed,. installed, operated, maintained, and repaired at all times by the Licensee al the cost and expense of the Licensee. 4. Licensee agrees to construct, install, orate, maintain.and repair each facility and amduct its activities within ar affecting the District's casement so as not to cxmstitute ar t~usc: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; c. an incveasc in seepage nr any ether increase in the lass of water from the ditch or canal; d. the subsidence of soil within c~r.adjaaent to the casement; c. any other damage to the District's easement and irrigation warlcti. S. The Licensee agrees W indemnify, hold harmless, and defend the District tram all claims for damages arising out of any of the Licensee's construi-tion or activity which constitutes or cau~~s any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintcnantx;, repair, and any use or condition of any facility. b. Litxnsec agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District anti, the District's engineers, and that final aeccptancx: of such work shall net be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be ursreasonahly withheld. 7. The District reserves the.right, at the District's option, to remove any facility in5talleci by the Licensee and to repair sny alteration by the Licensee ut'said ditch or canal and the easement therefor which dots not cx~mply with the terms of this agreement, and to remove any impediment to the flaw of water in said ditch or t:anal and any unsafe condition ar hazard car:sed by the Lic~enccc, at any time, and the Licensee agrees to pay to the District, on demand, the casts which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respcd to properly maintain and repair such facility. then the District, at its option, and without impairing of in anywise affecting its other rights and remedies hereunder, shall have the right to perform the nccesti~- maintena~tcx and repairs and the Lic~cnscc agrc~ to pay to the District, cm demand, the cost or expense which shall bc: reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice w the Licensee prier to the District's performing such mainicnance, repair or other work except that in e:ascs of emergency the District shall attempt to give such notice as reasonable under the circumstances. nothing in this paragraph shall crcatt: or support any claim of any kind by Licensee or any third party agair~: the District far failure to exercise the: options stated in this paragraph,.and Licensee shall indemnify, hold h~~rmless anddefend the bistrict from any claims made LICENSE AGREEMENT -Page 2 against the District arising out of or relating to the terms of this paragrapl except for claims arising solely nut of the; negligence of the District. 3. Neither the terms of this agreement, the permission granted by the District to the Liccnscc, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights ar performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency ar official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to~ the District's operations and activities priar to and withaut cxecuti~m of this agreement. In the event the District is required to comply wish any such requirements or is subject to the jurisdiction of any such agency as a result of exewtion of this agreement or the Licensee's activity authorized hereunder, Liceascc shall indemnify, hold harmless and dcl'cnd the bistrict from all costs and liabilities associated with the application of such laws or the asstsrtion of such jurisdiction or, at the option of the District, this agrecmient shall be of no force and effect and the Licemc:c shall cease all activity and remove any facility authorized by this agreement. 9. In addition W all other indcmnific;ation provisions herein, Lic~nscc further agrees to indemnify, held harmless and defend the District from xny inj ury, damages, claim, lien, cast and/or expense (including reasonable attorney's fees) incurred by, or aascrted against, the DistriU by reason of the negligent acts or omissions of Licensee ar its agents, contractors rn subcontractors in performing the cx~mtructian and activities authorized by this agreement. 10. The Liccnsec agrees that the District stroll not be liable far any damages which shall oc:c;ur to any facility, structure, plant, ar any other improv+emcnt of any kind ar nature whatsoever which the Licensee shall install nn the said easement area of the District in the reasonable exercise of the right~c of the District in the course of performance of maintenance ~~r repair of said ditch or renal. The Licensee further agrees to suspend its use of the said easement area when the use of the casement arcs is rcyuircd by the District for maintenance or repair under this ar any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's casement area except as referred to in this agreement ar exhibits hereto withaut the priar writt~:n wnsent of the District. Nar shall Licensee permit, autYiorize or grant any other person or entity to cxc;avatc. discharge, cxinstruct or place any structures, pathways ar landscaping within the District easement without the priar written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to cnfnnc the provisions of this agreement, whether by institution of suit or not, the party rightfully cnfirrcing or rightfully resisting enforcement of the provisions of this agreenicnt, or -the prevailing party in cztse suit is instituted. shall be entitled to reimbursement far its costs and rea~nable attorney fees front the other party. 13. The parties hereto understand and agr~c that the District has no right in any respcc:t to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and sys~lem incompatible. with the uses m which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT -Page 3 14. Nothing herein contained shall be cormtrued to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by`t:he Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of'the District to the use of said ditch or canal for the transmission and delivery of irrigation and drainage v~~ter. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any tither improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict~'the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fei;s or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms andconditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the:~recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third pai~y against District. 1 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining pro~~,sions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee desci".~ibed in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persc~~s claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of x~e parties hereto and their respective successors and assigns. ATTEST: i~~~ c Its Secretary LICENSE AGREEMENT -Page 4 i NAIa2 PA & MERIDIAN IRRIGATION DIS RICT sy_~ l~s President j OFFlCIRL ~~. CIT`~'F OF MERIDIAN ATTEST: STATE OF IDAHO ) ) SS: County of Canyon ) t~tttuu,rur-ur~~ ~.e ADO ' _ ~~a~~ T (~ a~O~ o ~ .~ %~~~'q C,oUI~'Y , eQ~ ~~~~ ~~~-r-r-rn nnu~~t~ On this ~~ day of , -^•,~~09, before me, the undersigned, a Notary Public in and for said State, personally appeared CIinton C. Plink and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN° [RRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have herc~..unto set my hand and affixed my official seal, the day and year in this certificate first ab~ve~vnit~~. STATE OF IDAHO County of Ada ,a00.e~~O ~A ,M~c °°°. 0 e ~o°OCtiOTAJt1'ee ~,,.. m ~ ®.e® e g ~o ~' U B L1G o°°~ °o ~O )S5. °80~~~~nneNeee ~. ~.~~ Notary Public for Idaho Residing at ,Idaho My Commission Expires: 'I ~„Q.u o1O ~ ~. On this Z'7 _ day of Iy 0, 2009, before me, the undersigned, a notary public in and for said state, personally appeared ` and ¢,~v /rtiarr7 ,known to me to be the /1~a.+~10 -'L and , ~ ,respectively, oft e CITY OF MERIDIAN, the political subdivision and municipality that executet.t the foregoing instrument, and acknowledged to me that such entity executed the same. ~: W WITNESS WHEREOF, I have herepunto set my hand and affixed my official seal, the day and year in this certificate first above written. No ry Public_ for Residing at I~tmc~ My Commission Expires: ~ ~-, y , ~ ~+ LICENSE EXHII~IT~A Desa.•ri tp ion Evans Drain: real property/right of way located in Section 8, T.3N, R1E, in Lnt 7 Blcx:k 1 Locust Grove industrial Park north pf Lanark Street and east ~+f Nola Road; Finch tateral:- real property/tight of way located in Section 5, T.3N, R.1 E, at LQCUSt Grove Road just south of ilstick Road; Hardin Drain: real property/right of way loct~~cd in Section 24, T.3N, R.IW, an the west site of Stoddard Raad south of Overland Raad at Chistapher street; Eight Mile Drain: real praperty/right of way located inScctian 21, T.3N, lt.l E, located in Silvcnlonc Subdivision at Silverstanc Way and Cobalt Point Way; and Five Mile Drain: real property/right of way located in Section 1, T3N, R.1 W, lncalcd in Tumble Creek Subdivision an Linder Road south of Ustick Raad at Tumble Creek Drive. ~~~~.$ ' C si lions Scc Exhibit D-1. EXHIBIT C Put~se of 'ccnse The purlwse of this Lic;ensc Agreement is to Permit and approve Licensee to: 1, ftush/dischargc water from the Licensee's well rota the Evans Drain and rnnstruct and install a flush line within the District'. easement; 2. flush discharge water from the. Lice°,ee's well into the Finch Lateral and construct and install a flush line within the DistriM'•a easement; 3. flush/discharge water from the Liee~~,ee'~s well into the Hardin Drain and construct and install a flush tines within the District's easement; 4, flush/discharge water from the Licen: ee's well into the Eight Mile Drain. and construct and install a flush line within the District's easement; and 5, flush/discharge water from the Licen~~'s well into the Five Mile Drain and umstruct and install a flush line within the Dlstrict'ti easemenrt. alt within ar near Licensee's real property/right of-way described in Exhibit A, located in Meridian, Ada County, Idaho. No other construction of activity is p~rrrnitted within or affecting the ditch ar canal or the District's easement. ~~!y~~H~I jfl =~Z'~,~ a. The construction and ioeation of the well flush lines descn'bed in Exhibit C shall be in performed in accordance with certain plans attached hrreto asExhibit D-1 and by this reference incorporated herein, LicenFCC shall flush/discharge water into the ci:tch or canal once or twice per year .for maintcnancc and quality control issues and the discharge shall be 1'.St~ to 2,tTQC1 gpm for 10-3t1 minutes. Lic:ctu+ec shall LICENSE AGREEMENT -Page 6 notify the District's Superintendent, in writing, and obtain the D'istrict's permission prior to any mush/discharge into the ditch and or canal. Any discharge into the finch Lateral shall be during the irrigation season. Licemee further understands and agrees that the District expr~ly rescrv~ the right to decline any gcrmission or consent for any of [.icensee's discharge depending upon the circumstances, including, but, not limited to the time of year and/or water flows in the District's ditch or canal. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's ma~~ inspect and approve the construction. c: The Licensee recognizes and acknowl:;dges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right of power to create rights in the Licensee affecting the holder of title to the property subjax to the Districts ca.~crncnt. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such righ~q from the holder of title to the property or shcroW the rights ohtained 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 agrccmc:nt shall he of no force and effect. d. Licensee shall be responsible and shall ensure that any drains/flush lints which discharge irilo the ditch or canal do not cause any erasion or subsidence of soil within the ditcht~ or drains. The Licensee agrees that the District shall not be liable for any damages which shall occur to the drain piper or any other improvement of any kind or nature whatsxver which the Lic;ensce shall install on the said easement area of the District in the reasonable cxe~ slat of the rights of the District in the course of performance of maintenance or repair of said ditch or.,~nal. e. Licensee represents that Licensee hoc wmplied with all federal, state or other laws, rules, j regulations, directives ar other requirements in any fo+ m regarding environmental matters, and specifically chase relating to pollution control and water quality,JS may be applicable under the subject matter, terms or pc:rformancc of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. liy executing this agreement the District assumes no responsibility or I:ubility for any impact upon or degradatiorti of water quality or the environment resulting from the discharge or other activity by Licensee which is the suhjcct of this agreement. • f. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action l;,,ken or requirement imposed by any party or entity, public or private, with respect to environmental matterti relating to the subject matter, terms or performance of this agreement unle.~ the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction. directive, claim , action.or requirement. g. In the event the District is requircxl by any governmental authority to acquire or comply with any permit or other operational requirements associatr~J with Licensee's discharge and other activity which is the suhjcct of this agreement, Licensee shall indenu~ify, hold harmless and defend .the District from all costs and liabilities assocsiated with such permit and other requirements, including but not limited to all ecu;ts associated with all permit acquisition, construction, m.mitoring, treatments administrative, tiling and other LICENSE AGREEMENT - Page 7 requirements. h. The parties to this agreement recognize this license ageement is an acxammadation to liccnsec. The District by this agreement dues not assufnc, create, or exercise Icgal or other authority, either express or implied, to regulate control, or prohibit the d.,chargc or cxmtribution of ~Ilutants ar wntaminanta to the District's facilities or to any groundwater, watefs of the State of Idaho or the United Stales, or any other destination. Such authority, to the extent that it'exists, is possessed and exercised by governmental environmental agencies. i. Licensee shall not excavate, discharge, place any structures,.nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easements except as referred to in this agreement or exhibits thereto without the prior written r,~mscnt of the District. j. LicenseeaeknowledgesandeonfirmslhattheDislrict'se&sementsfortheEvansDrain.Hinch Lateral, Hardin Drain, Eight Mile Drain and Five Mitc Drain includes a sufficient area cif land to convey irrigation and drainage water, to operate, cleats, maintain and repair the ditch or canal, and to acc:e:ss the ditch or canal for said purposes and is a minimum of 100 fcc:t, SO feet to either side of the centcrlinc for the Eight Mile Drain and Five Mile Drain, 80 feet, 40 feet to either side of the centerline for the Finch Latcmtl and fi0 feet, 3t} feet to either side of the centerline for the Ev.:a~s Drain and Hardin Drain. t • LICENSE AGREEMENT -Page 8 City of Meridian -Flush Line Locations #1 -Well #11 -Discharge Line Located on Lot 7 flock 1 Locust Grove Industrial Park Discharges into the Evans Drain north of Lanark Street and east of Nola Road. #Z -Well #1$ -Discharge Line Located on Lot 1 Block 5 Raven Hill Subdivision Discharges into the Finch Lateral (South Slough) on Locust Grove Load just south of Ustick Road. #3 ~ Well #22 -Discharge Line Located in the NE'/< of Section 24 T3N ~tl W Discharges into tine Hardin Drain on the west side of Stoddard Road south of Overland Road at Christopher Street. #4 -Well #23 -Discharge Line Located on Lot 3 Block 1 Silverstone Subdivision Discharges into the l~+e•Mile Drain at Silverstone Way and Cobalt Point Way. ~~'~' #5 -Well #24 -Discharge Line Located in the N W '/o of Section 1 T3N R 1 W Discharges into the Five Mile Drain on Linder Road south of Ustick Road at Tumble Creek Drive. • • Exhibit D-7 , page 1 • • • Exhibit D-i, gage 2 r • '~ ~ . , ~ ~ , , ~ ~ , ~ ~~ i I ~d r' ~ .,, `~r ~ c ~ t f r / ~ ~~r ,r, t ~' ;K < < @` r ('t~` I' ~', rte' , r, ~ 0 ~° ~ f 1 ~ w ., r- ~yypc s ' ~ - e~r~ r r~ H `-'rwti'T .~ _ 7 _ 1,s .'F~ r C ~, i ;j!;' L X11; ~ t F a r: ~ e!~~t~; 4 q { c ~~.. ~3 j`~ .' Y / / ,~~~,b .1~~6~1~~r a y- r '"~ r e r ~ ' ~~ , ~ .WELL X11 -BYPASS LINE • A ~ _ I ~ ,~_,' :: ~ r i; ,_ ',-, ,. .,, F, , ~~~' a v~ X.ai ~ „~..a.._..~_ ~ ~.~ y ~ ~ e~~ ~-f~~ . ~, iz/•. s. ~ i b~' ~u, ,yt 'r ',~. ~ y n .Iy ~. 1~ ~~ I @~ S nv YY'~"~"'' - a 1C ~ ~. • ~ .~! ~~K.$~7 ~ Y3 eq ~ *~rli~by , ~~ w ti. ~ ~ f,~„ ~ ty~,w r 'W(' ~ WELL X11 -DISCHARGE TO EVANS DRAIN PREPARED By OWNER PROJECT CIVIL SL'R~'F.l' ('ONSL"LT:~\TS, I\C CITY OF MERIDIAN WATER MAINLINE FLUSHING STATION 1400 E. WATERTOWER STREET 33 E. BROADWAY AVE., STE. 200 INTO EVANS DRAIN SUITE 100 MERIDIAN, IDAHO 83642 LOT 7 BLOCK 1 LOCUST GROVE INDUSTRIAL PARK MERIDIAN, ID 83642 208 898-5500 SEC 8, T3N, R1 E, ADA COUNTY, IDAHO (208)888-4312 ~ ~ FILE:08029 NMID SUB DATE:MARCH 200 SHEET: 2 OF 6 Exhibit D-1, page 3 . r„ • • • l ~ ~"' ~ , . ~ ~ _. ~~~ °~° ~~ `l ~ .~ _r y . pve bad` 6F" ~:~ +t~.~i. ~ '~"'I:~~ .. r ~'f 2a"' ~F ~ ~ r}~~ t ~ _ ;~, d ~ 1,. y P ~' ~ ~ ,7? ~+ ~~~~11 ~ ~h y-4,. 1 ' ~' _ a _ ' .1.~~ ~eerw~ ~~r'b'+bl~~~` ~'~yv y. =, x s i, 2. ~.. ~ ~~. Z - bN Y~- S - - e- ~+__ "I ,. i s r ~ - ~. ~r.,x '_ ' -~ ~t~~ his ~ ~~ <' ~"' ~, ~C; Y r ~ ~ c,, ,`~ . 4 R i,~,~~t~N. ~,r ~~yZ ~}- I ~ ~ .. T ' "~'~ r ~ ~~~ ~=~- S~ ~ "'f~4 ~~ a' ~ .~~! ~'~ ~ ~a f ~t~~~ I 1~*C.r'r It~ ~. A~ ~ ,y, - ~ ~ 7 iw ..'R r T r tit ~ •- r sZ i`~~,' Yr~~ '~ ~`. ~ kf' G S ` 1. t #. r ~ ~~~~. „Y_, av rt ~ t~~ ~ r. ~~"~ +~~•~' ICY ~ J ~~ y,r ~~ 4~ t .4 . i1f rt: . 4~ "~j WELL #18 - DISCH_A G~ E TO FINCH LATERAL PREPARED BY OWNER PROJECT CIVIL Sl'R`"El' CQ\fil'LT:~\T5. 1\(' CITY OF MERIDIAN WATER MAINLINE FLUSHING STATION INTO FINCH LATERAL 1400 E. WATERTOWER STREET 33 E. BROADWAY AVE., STE. 200 LOT 1 BLOCK 4 HOWELL TRACT SUBDIVISION SUITE goo MERIDIAN, IDAHO 83642 MERIDIAN. ID 83642 208 898-5500 SEC 5, T3N, R1 E, ADA COUNTY, IDAHO (208)888-4312 ~ ~ FILE:08029\NMID SUB DATEcMARCH 26 SHEET: 3 OF 6 Exhibit D-1, page 4 1s ~~ V • ±~ ~~~~ y~ ~ _ y y41gr_r ~l ~ 4 _ a Est - ~"1 ~ .. ,•"y ..., .t ~ ~ ~ Y r ` ~ .r _ ~ ~ .A...~ bt ~ :,. " N y. ;.- r~,p "~ t " ~''~~~; y setiR ~ ~ ";~ i,,~`#` {„ f~d+; ~ W n. ~ 51iti41 Mt ~ t~ ^ ` ~ P ; ~Y~ >1 •.ty Z f '"^u•~W. • ,~ ~ j v l.y~r. r ~', ~, ~i~. i ~ ! .~ '~~A 4'~ C. ~ y ' - ; `~y ~. .tc ~ ~ l ; r 'M G`r ..fir ~ i t 'Y` t ~r;;h ~. '~ 7t .. ~ }F ~,~`~ f ~", r.~ry ~ Riirj ~tir ~'' ~:~r i ~.- ~. *.G.w , .., w-n.k '. nd 1} _r' ' ij'~. ~ 1^r t ~,* n1 ~.n, ,?,~Y°#.r a ~- r 'r. X t~ ~ ,ti~.+. .;1r. { T' ~ ,yam r v 'C ~ „ u, lr ' "x `~q raw k'fti~ Sit `ti^~ ^~ d+, q!-~t ~ ~ 'N+ t i ; ,~ ? '~ a~'+~4'~'* ,~d ~ tf ~, ~ ~ ~, ~kR7 ~ N +• o +~ ~, r w ti ~~r'1~ ~. *.. va ~.~ ~ -R ~ 1`a u~ ~t'M° tid J 1 it~ ~ ~ ~ ~ ~ 'keje w ''~ ! `~~ ~ ,, ,t, a~„~, ' ...~ , :~• ~he,r~ ~ ~ ~.;f4 kt .~ dyil 1 't~. ,~ x"rj ~fr ~'^k ''7 e.~ '~+~Wr44o3~a:~y _ ~. i~'Y''^~21:~`7~~.~'~'~~riJ~`~_~k''~~ r~.~ti ~i~;yd ~ ~'~/ .~s.;y.,~ie'^ WELL X22 -BYPASS LINE • • PREPARED BY OWNER PROJECT CICIL St"Rl'El' C'0\Sl'LTa\TS, I\C' CITY OF MERIDIAN WATER MAINLINE FLUSHING STATION 1400 E. WATERTOWER STREET 33 E. BROADWAY AVE., STE. 200 INTO HARDIN DRAIN SUITE 100 MERIDIAN, IDAHO 83642 STODDARD ROAD AND CHRISTOPHER STREET MERIDIAN, ID 83642 208 898-5500 SEC 24, T3N, R1W, ADA COUNTY, IDAHO (208)888-4312 ~ ~ FILE: 08029 NMID SUB DATE:MARCH 2009 SHEET: 4 OF 6 Exhibit D-1, page 5 WELL #~2 -DISCHARGE TO HARDIN DRAIN ~• ,n r • i ~~' w ." I :54 ~~.. _ _._'~. . ,~ ~ __ ,.~ .. 1 WELL #23 -BYPASS LINE • • PREPARED BY OWNER atity kf PROJECT ('I1'IL SI"k1'E1' ('U\tit'LTa\T5, I\(' CITY OF MERIDIAN WATER MAIN NE FLUSHING STATION 1400 E. WATERTOWER STREET 33 E. BROADWAY AVE., STE. 200 INTO MILE DRAIN SUITE 100 MERIDIAN, IDAHO 83642 LOT 3 BLOCK 1 SILVERSTONE SUBDIVISION MERIDIAN, ID 83642 208 898-5500 SEC 2~, T3N, R1W, ADA COUNTY, IDAHO (208)888-4312 ~ ~ fILE:08029 NMID SU8 DATE:MARCH 200 SHEET: 5 OF 6 Exhibit D-1, page 6 r~ .! M~ • i I/ n !a ,.' J ~'~i~ ,, .. ~ .~P "16 a !~y`i:' .:nom ~ ~~ rq ~~ M~yc t.~~i ti !~~ i~ 1 ~~. '(~ ~. ~!~,IC~ wi . r,__ ~ ~ ~ ~ e !'4~ ~ ~~X ~ v 7 ~ ~,r~~~. C~ ( Ya •,{ ... I f ~ ~ K .*.. +. .., ~ , ~` Y~T ref ,.4( i!II~_ . ,~.. ,.1 d~~~lff~l~+r~ ~~iYd ~ itirt 7 -,d, ... ~.. ~~`# : F ~ '\.:~ A~y ~ J .. WELL #24 -DISCHARGE TO FIVE MILE DRAIN • • PREPARED BY OWNER PROJECT C'I1'IL SL'R1'E1' C'ONSi'LT:1\TS, I\C CITY OF MERIDIAN WATER MAINLINE FLUSHING STATION INTO FIVE MILE DRAIN 1400 E. WATERTOWER STREET 33 E. BROADWAY AVE., STE. 200 LOT 3 BLOCK 16 TUMBLE CREEK SUBDIVISION SUITE IoD MERIDIAN, IDAHO 83642 MERIDIAN, ID 83642 208 898-5500 SEC 1, T3N, R1 W, ADA COUNTY, IDAHO (208)888-4372 ~ ~ FILE:O8O29 NMID SUB DATE:MARCH 2009 SHEET: 6 OF 6 Exhibit D-1, page 7 MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. JrK REQUEST License Agreement with Settlers Irrigation District for Flush Line Discharge into Settlers Southside Canal AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: See Attached 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 Merldtan. ~~i'~E IDIAN~-- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Roxanne Holland, E.I.T. Mayor Tammy de Weerd q!y Cownell Membe~H Ketch Bird Brad Hoaglun Charles Rountree David Zaremba DATE: November 13, 2009 SUBJECT: LICENSE AGREEMENT WITH SETTLERS IRRIGATION DISTRICT FOR FLUSH LINE DISCHARGES INTO SETTLERS SOUTHSIDE CANAL I. RECOMMENDED ACTION A. Move to: 1. Approve the license agreement with Settlers Irrigation District to allow the City to discharge water from the Well #16 flush line into Settlers Southside Canal; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Kyle Radek, Asst. City Engineer 489-0343 Roxanne Holland, Staff Engineer (Project Manager) 489-0347 III. DESCRIPTION A. Background During previous fiscal years water system flush lines were installed at Well #16. During an inventory of current license agreements for flushing stations, it was discovered that an agreement did not exist for this well site. The flush line Page 1 of 2 ®l~/ /C~ t /~ ?/®`~ allows the water system to periodically be cleaned out by releasing or flushing water at high velocity into Settlers Southside Canal. B. Proposed Project The proposed license agreement with Settlers Irrigation District will allow the City to operate this flush line that was previously installed in a mutually agreed manner between the City and Settlers Irrigation District. IV. IMPACT A. Strategic Impact: This agreement is in alignment with Strategic Initiative WA-8: Enhance and protect water quality. The license agreement will allow flushing operations to occur at Well #16. B. Service/Delivery_pact: This license agreement will allow regular flushing at the above mentioned well site, which will maintain the quality of water delivered to customers. V. ALTERNATIVES A. The City could shelve the license agreement with Settlers Irrigation District and remove the ability to operate the flush line at Well #16. Doing so would likely result in a decrease in water quality of water delivered from the well. VI. LIST OF ATTACHMENTS A. License Agreement with Settlers Irrigation District Approved for Council Agenda: /' / o D to Page 2 of 2 1~CO~ING RE~IJE,STED BY.IaVX) t~~TEIV' ~CC}l~Ep RETURN TO. 1b~o„~"atl, Thomas, Barren Rock & Fields, Chardered 101 S Gc~aitol Bou%l:ard l0ih F/aor Posd +~`ice Box 829 Bs~~se, Idaho 83701-0829 a~a-~ul~v E~~IQ~t a, l~iflD t~AVAR~t~ A~t#t~T ~m- 13 BQ1SE lt1RH01Z/171~ 0:25 PbQ ~~ ~~~",~~ 111 Il~~~111~11I11~~~~~l~II11~1~ P+ & Then~s 1 ~~ ~ ~49'I 5'~ (~psce Abava For Recaxdei~'s U.se~ LICENSE AGREE117E1~1'T FQl~ CITY flF ME1tIDIAN'S PCITAi&LE Wr~,T'ER DitS~HAIIGE LINE FitUM WELL NO. ]:6 INTCI"SET'TLER~ S~'U3`~ISIDE CANAL 'T'his Ly~ztse A~eettt for City of Meridian's .Potable Water Discharge Line from Neil No. 16-into Settlers Sauthside Canal (the "Agreement') is entered into and made effective this ~. ~.~ day of ~ 2009, by and between SETTLERS.. IItRIiGA'TION DISTRICT, an irrigation district organized and existing under and by virtue of the Eaves of me Mate of Idaho, whose address is Post Office Box 7571, Baise, Idaho 83707, and CITY ~~ lti'IFRIDIAN; a municipal corporation organized and existing under and b~ virtue of the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho ~364~: BEFINITiONS: in addition to the: other capitalized tenors defined herein, this Agreement contains cezta~ words which shall have the foliot?uing nneanir~gs: (a} `°Gity" refers ta'CITY OF MEBIDL~1, a municipal corporation organized and ex"fisting under and by virtue df the laws of the State of Idaho. ~~ - "setilers" refers to Sll'1TLERS iRRIGATIQN DISTRICT, an irrigation district organized and existing under and by virtue of the laws ofthe Mate of Idaho. LICENSE AGREEMENT FQR CITY OF MERIDIAN'S PU'TABLE'@VATER DiSCIiARGE LINE FRAM VYELL NO. I~.INTG1 SETTLERS SOUTHSIDE CANAL - I ?~ 153.63 - Cliem:14197Q0.1 (c) "Property" refers to the real property situated within a portion of the Southwest Quarter of the Northeast Quarter of Section 8, Township 3 North. Range 1 East, Boise Meridian, City of Meridian, Ada County, ldaho, as depicted in Exhibit A-Vicinity Map, attached hereto and made a part hereof. (d) "Specifications" means Settlers' standard engineering drawings on file with Settlers, and the statemerrts describing the materials, dimensions; and workmanship for the construction to which reference is made in the plans, maps, drawings, and notes listed in Exhibit B, attached hereto and made a part hereof. W 1VESSETH- WHEREAS, Settlers owns and maintains a. system of canals and laterals, including the Settlers Southside Canal, also knows as the Settlers Canal (hereinafter the "°Settlers Southside Canal"), for purposes of delivering and removing irrigation water to and from its landowners, together with easements to convey water in such canals and laterals; easements for ingress and egress; and easements for the operation, inspection, maintenance, and repair of the canals and laterals; WHEREAS, City is record owner of fee simple title to the Property; WHEREAS, the Property is located within the boundaries of Settlers Irrigation District; WHEREAS, City desires to obtain a license from Settlers in order to own, operate, and maintain an existing eight inch (8") buried potable water discharge piped ine, which pipeline will originate ~at its connection tv City's Well No. 16, located on the Property, and will continue across the Property until it reaches the Settlers Southside Canal; WHEREAS, Settlers desires to grant the license to City for the purposes of owning, operating, and maintaining the .eight inch (8") buried potable water discharge pipeline; LICENSE AGREEMENT FOR CITY OF MERIDIAN'5 POTABLE WATER DISCHARGE LINE FROM WELL NO. 16 INTO SETTLERS SOUTHSIDE CANAL - 2 22f 55.63 Ctlent ~a~siao.~ NOW, THEREFORi/, in consideration of the mutual benefits to be received by Settlers and City, and other good and valuable consideration, which consideration is hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree with one another as follows: AGREEMENTS: 1. Grant of License. Settlers hereby grants to City a license (the "License") for the purposes of owning, operating, and maintaining an existing eight inch (8") buried potable water discharge pipeline, which pipeline will originate at its connection to City's Well No. lb, located an the Property, and will continue across the Property until it reaches the Settlers Southside Canal. It is acknowledged and agreed by the parties that said discharge pipeline shall only convey potable water discharged from the City's Well No. 16. In the event that the potable water flows are commingled with any stormwater discharges or other urban runoff, Settlers shall have the right to restrict or completely shut-oty all discharge flows. [t is further acknowledged and agreed by the parties that the City shall provide Settlers with written notice at least forty-eight (48) hours prior to discharging potable water from City's Well No. 16 via its eight inch (8") water main pipeline into the Settlers Southside Canal and such discharges shall be limited to the irrigation season only, between April 1 and October 15 of each year. Such potable water discharges shall not exceed a rate of 2,000 gallons per minute for a time period not to exceed twenty (20) minutes during any given discharge event {roughly a total of four (4) cubic feet per second). Settlers shall have the right, in its absolute and sole discretion, to refuse permission to the City upon its receipt of the City's 48-hour written LICENSE AGREEMENT FOR CITY OF MERIDIAN'S POTABLE WATER DISCHARGE LINE FROM WELL NO.161NT0 SETTLERS SOUTHSIDE CANAL -'~ 22155.63 Cttm~ttats~no.t notice to discharge. Settlers shall communicate such refusal to City in writing prior to expiration of City's 4&hour discharge notice. 2. Restrictions on License. City expressly acknowledges and agrees that this • Agreement does not grant City the right to install any property, utilities, equipment, improvements, or other facilities, except as may be described in this Agreemern, or the right to impair any rights of Settlers or others in the use of the Settlers Southside Canal. This grant of the License is expressly conditioned upon the prior receipt by City of any and all necessary approvals from governmental entities and private parties for its activities to be performed under the terms of this Agreement. City expressly acknowledges that, notwithstanding City's assumption of certain responsibilities and receipt of certain rights under this Agreement, Settlers does not relinquish its ownership rights in any portion of its facilities, including the Settlers Southside Canal. 3. Term of Grant of License. The term of the License shall commence upon the effective date of this Agreement and shall continue for so long as City is in compliance with the terms of this Agreement. Settlers may revoke the License granted hereunder should City at any time fail to comply with the terms and conditions of this Agreement; provided, however,.that Settlers delivers to City written notice of such failure and City fails to cure the lack of compliance within fifteen (15) days ofdelivnry of such written notice. 4. Recognition of Existins Easement for the Settlers Southside Canal. City hereby recognizes an existing easement for the Settlers Southside Canal comprising a total width between fifteen feet (15') and thirty-five feet (35') as more particularly depicted Qn the Plat of Gemtone Center No. 1, recorded with the Ada County Recorder on March 8, 1996. as Instrument LICENSE AGREEMENT FOR CITY OF MERIDIAN'S POTABLE WATER DISCHARGE LINE FROM WELL NO.161NT0 SETTLERS SOUTHSIDE CANAL - 4 22155.63 CIteM:1419700.1 No. 96020072 (the "Existing Easement"). Such Existing Easement exists for the purposes of conveying water in the Settlers Southside Canal and for ingress and egress in order to operate, repair, and maintain the Settlers Southside Canal. 5. Q~tion Maintenance and Repair of Improvements Impactins the • Settlers Southside Cana. It is recognized by Settlers that maintenance, repairand/or replacement of the eight inch ($"} buried potable water discharge pipeline discharging into the Settlers Southside Canal, under the terms .and conditions of this Agreement, may be necessary subsequent to the execution and recording of this Agreement. In the event that City desires to perform any maintenance, repairand/or replacement of such improvements, it acknowledges and agrees that the prior written consent of Settlers is required prior to commencement of any such maintenance, repair and/or replacement of the improvements within the area of the Settlers Southside Canal or its corresponding Existing Easement. 6. Prohibition of Stonnwater Discharge Outlets into Facilities. Notwithstanding anything to the contrary contained in this Agreement, it is hereby acknowledged and agreed by the parties hereto that Settlers does not approve, authorize, permit, allow, or accept any stormwater discharge into any facility owned, operated, and/or maintained by Settlers, whether it be a pipe, conduit, culvert, canal, lateral, drain or other ditch. Also, City agrees to not construct, or allow the construction of, any facilities capable of conveying stormwater discharges into any facility owned, operated, and/or maintained by Settlers. 7. Indemnity. City agrees to protect, defend, indemnify, and hold Settlers and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including LICENSE AGREEMENT FOR CITY OF MERIDIAN'S POTABLE WATER DISCHARGE LINE FROM WELL NO. lb 1NT0 SETTLERS SOUTHSIDE CANAL - 5- 22 iSS.63 CUe~1t14197Q0.1 court costs and attorney fees, arising from or out ofany acts or omissions of City, its agents or contractors, related to or in connection with (a) its use of Settlers' facilities and/or systems; (b) use of the easements of Settlers; (c} any activity under this Agreement; and (d) the exercise of any privileges or performance ofany obligations by City hereunder. Furthermore., City agrees to protect, indemnify, and hold Settlers and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses ofany nature, including court costs and attorney fees, arising from or out of water quality violations, flooding, or any interruption or interference with the flow of water in the Settlers Southside Canal caused by any act or omission of City, its agents, or contractors. 8. Permits. City represents that it has obtained all permits, licenses, and acknowledgments requires to conduct the activities to be performed under the terms of the Agreement. 9. Limitations an LiabilityfAetorney Feed. 'The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might supject.any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. In the event of any suitor proceeding by either party herein against the other party arising out of this Agreement or in connection with the activities of City, or its agents or contractors, under this Agreement, the nonprevailing party in such suit or proceeding shall pay to the prevailing party such sum or sums as the court shall adjudge reasonable for attorney fees and costs, including such fees and costs on appeal. L[CENSE AGREEMENT FOR CITY OF MERIDIAN'S POTABLE WATER DISCHARGE LINE FROM WELL NO. 161NT0 SETTLERS SOUTHSIDE CANAL - b 22155.63 Clknt1419700.1 • 10. Further Consideration. City recognizes that the License herein granted is for its benefit, and not for the benefit of Settlers, and, for that reason, agrees to promptly pay all engineering costs and legal expenses relating to the negotiation, preparation, and execution of this Agreement, It is expressly agreed that Settlers shall not be responsible for the payment of said costs or fees. t l . Entire .Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. Amendments to this Agreement shall be made only by written instrument executed by each of the parties hereto. 12. Binding Effect. The promises, covenants, conditions, and agreements • herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 13. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 14. N ai er. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. 15. Interpretation. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. LICENSE. AGREEMENT FOR CITY QF MERIDIAN'S POTABLE WATER DISCHARGE LINE FROM WELL NO. !fi INTO SETTLERS SOUTHSIDE CANAL - 7 22155.63 Clterd'1418700.1 • 16. Representations and Warranties. (a) ettlers. Settlers represents and warrants.that: (i) it is an irrigation district organized and existing under and by virtue of the laws of the State. of ldahv; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (tii) all organizational and other actions required to authorize Settlers to enter into and perform this Agreement have been properly taken; and (iy) this Agreement has been properly executed and delivered by Settlers and is valid and binding upon Settlers in accordance with its terms. {b) City. City represents and warrants that: (i) it is a municipal corporation • organized and existing under and by virtue of the laws of the State of Idaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) alt actions required to authorize City to enter into and perform this Agreement have been properly taken; (iv}this Agreement has been properly executed and delivered by City and is valid and binding upon City in accordance with its terms; (v} it has obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement; and (vi) City is record owner of fee simple title to the Property. 17. City's Authorization of Signature, City hereby wanrants that the person signing this Agreement has been authorized to do sa by City. I8. Notices: All notices permitted or required to be given under the terms of this Agreement shall be in writing and shall be deemed effective. upon receipt if sent by first class mail, postage prepaid, and addressed to the respective party hereto as follows or at such other address as a party designates in writing. LICENSE AGREEMENT FOR CITY OF MERIDIAN'S POTABLE WATER DISCHARGE L1NE-FROM WELL N0.16 INTO SE'1°I'LERS SOUTH5IDE CANAL - S 2Z 155.63 Cllent1419700.t SETTLERS IRtiIGA7'ItAN 1~I,5TItiCT Post Ogee Box; ?~71 $aise, Idaho ~~7I?7 CITY OF it~EItIpIAN 33 East Broadway Avenue Meridian, Tdaho 83642 Each party may change its address for delivery by written notice in the rriartner provided herein. 19. Recording. This Agreement shall be recorded upon execution in the office of the coutrty rect~rder far each county in which any portion cif fie land oovered vy tfie Agreement is located. iN VdITNESS WI'I~RE+OF, the parties hereto have executed this Agreement the gate first .sett forth above. CITY k~F i~[E~#IAl~ ~4ttost: By' ,,,t~ttttsst~~taar~,,;j ~~ n ~ ' (written name) '~ a~ i~ ,,~ ,~ -~ ,. ~,~ ~~, .- :; ,~~'', ~~ of lrf~8~fftt~~t0i'N411`'~~~4i`* IRRIGATION III~T`RIL"T 'Tom Davis, President of its Board crf Birectars Attest: Vicki Keen, secretary LICENSE AG1ZEEtVTENT Efl.R CITY OF MERYDYAN'~ POTABLE V1'A~'EIt bISCFI.4RGE LINE FRC-M tfi'ELL B~f:-. I6 IPVTO SETTLERS SO-UTHSIDE CANAL - 9 22 155:63 gl®nt:141976Q.1 STATE 4I: IDAHO County of Ada ) ss. 4n -this day of ~Ufy9, before me,. a Notary Public in and fcltr sai~f state, p>~rsozly app .d ~.~ ~:. ~.~ known or identified tc~ za~e to be the ~~~ .~~..~_ of ct'rY ~~' ~lC~i€~-~, thepers;r~n who e~ectrted 'Ehe ~~tstrurffies~ orr h~h~t~' of +C~?'Y Q'l~ I~ERti~l[~N, acrd acknowledged tki me tihat CTrY GF 1~~DIAN, executed .the same'. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,° ~me~~ ~"` ~. Rte`. ~~ ~~,. ,® ,~l i _ ®. ~ a a ~ ~ e 8 6 ~ 4 ~ 4 ~ '' - X ~. ~ ~ _ ~ STATE OF IZ~AHO C~al~nt~ of Ada } ss. N AIZY PI~l3' IG I~Clli~ IT~AH-Q Residing at , ~-~~, ~- . ley Commission Expires ~ ~ ~ ~.~ C)rj this clay of ;~' , Zt}~9, before nee, the r~ndersagned Notary Public in and .for said state, personally a~sped T+~iti! D2-1?S kn,5wn o>r identified io me tv be the President of the Board of I3iieeetors of SETTLIrR~ ~RItIIGATI~T+1 DISTRIC"P, the person who executed the instrument on behalf of tkie SET1'14ER5 IRRIGATION DISTRICT, and acknowledged me that SETTLERS IRR~GATI03~T DISTRICT executed the same. IN WITNESS WHEREQF, ;I have hereunto set my hand and affixed my official seal the day -and year in this cerCiftcate first above written. .~~ NC}'I'AR.'~' P`l`~LIC k`fJR AI-I~0 v Residing a# My Cornmissian Expires ~i-~- Z~~S T~IC1E1~38I AGREEMENT l<Oit CITY Q~ 1VIE3~IDTAN's 1'+(3Tr#BLE Vf!ATER DISCHARGE LIlYE FROIVI WEY..L l+l(1.16 INTO' SETTLERS SUUT'I3SIDE CANAL - I4 22 t 35,&3 CIIerIt:141970D.1 STATE OF IDAHO ) ~~- County of Ada. ) On this day of A , 2049, before n'e, the undersigned Notary Public in and for said'state, personally appeared 'VICKI I~EN known or identified to me to be the Secretary of SETTLERS IRRIGATION I>ISTRIG'i', the person who executed the instrument on behalf of the. SETTLERS IRRIGATION 1}Iu~TItICT, and aeknor~vledged to me that SETTLEitS IRRLGATION ItISTRIC`I' ex~cut~ed the same. TN WITI~tES'~ ~-!HERE~F,1 have hereunto set m3+ hand and'affixed my of~tcial seal the day anal year in this certificate fret above written. .~ NOTAR IC FOR IDAHQ r Residing at a My Co#nmissior~ Expires q ;~' ~?d LICENSE ACRI;EMENT Ft?R CTrY t?F IYIERiD1AN'S 1'OTASLi WATER I-ISCHABGE LINK FRbA4 WELL NQ. 16 INT'© SETTLERS SULJ'CASIDE CANAL -11 ?.2155.63 GtBtaE:041870D.9 • EXHIBIT A Vicinity Map EXI3IBIT A ct~nr~a~e~oo.~ N.. _T ,.;{ ~ .~'ysw; t .. ' ' ~~ $ .~ :.. ''~ ' ~ 0~ RI dtr ~ a r.8'~ra.. «r ' i 1 ' . i ~~' h, i r ~ ~ ~ ~ ' ~;' •. ~r~ •b ' ... '• . T .ti. ~ - ' .i ° : • ~~ •• f • l " ~ +~., . ~ :~ ~` i r. L~~3K' ' ~'•'°' .. '""~ T _ :~~" t +~ 111 I Pa 1 t ~ ~~ ~ ~ "t+'~'t~; ~~ ' ' ~ it • 'M?: L tt L• i• i t MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. 5L REQUEST License Agreement with Ada County Highway District (ACRD) for Flush Line Discharges into ACRD Storm Drain Facilities AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: See Attached 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 Cfty of Mertdtan. ~;i~E IDIAN~- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Roxanne Holland, E.I.T. DATE: November 13, 2009 Mayor Tammy de Weerd CNiy Ceaneil Membe~f~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: LICENSE AGREEMENT WITH ACRD FOR FLUSH LINE DISCHARGES INTO ACHD STORM DRAIN FACILITIES I. RECOMMENDED ACTION A. Move to: 1. Approve the license agreement with Ada County Highway District (ACHD) to allow the City to discharge water from the Well #9 flush line into ACHD Storm Drain facilities located on Franklin Road; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Kyle Radek, Asst. City Engineer 489-0343 Roxanne Holland, Staff Engineer (Project Manager) 489-0347 III. DESCRIPTION A. Background A flush line from Well #9 was previously constructed in conjunction with the Franklin and Meridian Road Project. During an inventory of current license agreements for flushing stations, it was discovered that an agreement did not exist for this well site. The flush line allows the water system to periodically be Page 1 of 2 G/~j ~~ , ~/ `~~p 9 cleaned out by releasing or flushing water at high velocity into ACHD's Storm Drain Facility. B. Proposed Project The proposed license agreement with ACRD will allow the City to operate this flush line that was previously installed in a mutually agreed manner between the City and ACRD. IV. IMPACT A. Strate~ac Im acct: This agreement is in alignment with Strategic Initiative WA-8: Enhance and protect water quality. The license agreement will allow flushing operations to occur at Well #9. B. Service/Delivery Impact: This license agreement will allow regular flushing at the above mentioned well site, which will maintain the quality of water delivered to customers. V. ALTERNATIVES A. The City could shelve the license agreement with ACRD and remove the ability to operate the flush line at Well #9. Doing so would likely result in a decrease in water quality of water delivered from the well. VI. LIST OF ATTACHMENTS A. License Agreement with CHD Approved for Council Agenda: ~ ~ to Page 2 of 2 t~' t ~~~~~ D Gom"vr~"Gd~c S~~ April 16, 2009 Licensee: City of Meridian Address: 33 E. Broadway Ave. Meridian, Idaho 83642 Dear Mayor de Weerd: Enclosed is the License Agreement for the Franklin Rd well #9 flushing system. Please have all parties sign and notarize the Agreement and return it to the Ada County Highway District for signature. Upon ACHD signature and recording, a copy of the completed License Agreement will be returned to you. If you have any questions or concerns, please feel free to contact me at 387-6276. Sincerely, 7~,'icLieee '~il/Cii~e Development Review Division ADA County Hwy. District Enclosure Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387 6100 • FX 345-7650 • www.achd.ada.id.us . • ., ~K,.. : ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 13 BOISE IDAH01?J11109 10;48 AM DEPUrY X88 Bstl III IIIIII11111111111111111111111II III RECORDED-REQUEST OF 1091~7~5~ ACHD (space reserved for recording) Property Management No. 0731 - 2241 - 1209 Parcel: 85672000010 .~ r,. Street: 33 E. Broadway Ave. Meridian, ID 83642 T 3N, R 1 E, S 07 ' LICENSE AGREEMENT ~ THIS LICENSE AGREEMENT (the "Agreement") is made and entered into this ~ ~ day of ~m~~v , 2009, by and between Citv of Meridian ("Licensee") and the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, ("ACHD"). WITNESSETH: For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties: SECTION 1. ~ RECITALS. 1.1 Licensee owns the real property adjacent to the public right-of-way located in Ada County, Idaho, municipally described as 33 E. Broadway Ave. Meridian, Idaho, and more particularly described on Exhibit "Afl attached hereto ("Licensee's Properly"). 1.2 ACHD awns and has exclusive jurisdiction over the public right-of-way adjacent to Licensee's Property, located in Ada County, Idaho, municipally described as Franklin Road, Meridian more particularly described and/or depicted on Exhibit "B" attached hereto (the "Right-of-Way"). 1.3 Licensee desires a license to use the Right-of-Way for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACRD is willing to extend such license to Licensee. SECTION 2. LICENSE; LICENSE NOT EXCLUSIVE. 2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends to Licensee a license on, over, across and under the Right-of-Way far the following uses and purposes ("Authorized Use") and no others: MASTER LICENSE AGREEMENT -Page 1 (11/13/08) r~ u Licensee is to maintain existing drain pipe sys#em from City of Meridian Well #9 to ACHD Storm Drain Facilities located on Franklin Rd. adjacent to 725 W. Franklin Rd. Drain pipe and connection to ACHD facilities was constructed per ACRD project # 52081.8 -Franklin Road - Linder to Meridian. Licensee #o discharge approximately 2000 GPM of potable water for 20 minutes up to twice a year into ACHD Storm Drain Facilities. Any maintenance, repair or replacement costs lie solely on the license®. 2.2 This Agreement does not extend to Licensee. the right to use the Right-of- Way to the exclusion of ACHD for any use writhin its jurisdiction., authority and discretion or of others to the exten# authorized by law to use public right-of~ray. if th® Right-of- Way has been opened as a public Highway (as used in the Agreement the term Highway" is as defined in Idaho Code § 40-109(5')) Licensee's Authorized Use is subject to the rights of the public to use the Righ#-of-Vltay for Highway purposes. Licensee's Authorized Use is also subject to the rights of holders of easements of record or obvious on inspection of the Right-of-Way and sta#utory lights of utilities to use the public right-o#-wcay. This Agreement it is not intended to, and shall not, preclude or impede the ability of ACHD #o enter into other similar agreements in the future allowing third parties to also use its public rights-of-way, or the abil'~ty of ACRD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways as authorized by law and as ft determines, in its sole discretion, is appropriate. SECTION 3. CONSTRUCTION. OR INST ELATION OP IMPROVEMENTS. Any repairs or maintenance, of the Licensee's improvements currently located in the Right of-Way or the installation or construction of improvements by Licensee in the Right-of- Way as permitted by the Au#horized Use, (the °improvements"), shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by ACHD as requir®d to satisfy applicable laws, its policies and good erugineering practices. In approving such plans and spec cations, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the improvements, and the responsibility therefor shall be and remain in Licensee. SECTION 4. AIVER AND ESTOPPEL STATEMENT BY LICENSEE. Licensee acknowledges and agrees that the license granted herein is temporary, and merely a permissive use of the Right-of-Way pursuant to this Agreement. Licensee further acknowledges and agrees that it spec~cally assumes the risk that the license.pursuant to this Agreement may be terminated before Licensee has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Improvements, and Licensee hereby waives and estops itself from asserting any claim that the license is in MASTER LICENSE AGREEMENT -Page 2 t11/13lOS) ,, , any way irrevocable because Licensee has expended funds on the Improvements and the Agreement has not been in effect for a period sufficient for Licensee to realize the economic benefit from such expenditures. SECTION 5. TERM: 5.1 The term of this Agreement will commence on the ~~day of 2009, and will continue until terminated by ACHD, with or without cause, which termination shall be effective following THIRTY (30) DAYS advance written notice of termination given to Licensee. Upon expiration of the THIRTY (30) DAYS, ACHD shall record a Revocation of Master License Agreement in the Official Real Property Records of Ada County, Idaho. 5.2 If Licensee defaults in the performance of any obligations incumbent upon it to perform hereunder ACHD may terminate this Agreement and the rights extended to Licensee hereunder at any time, effective at the end of THIRTY (30) days following the date ACHD shall provide written notice of termination to Licensee, which notice shall specify such default(s). Licensee shall have such THRITY (30) day period to correct and cure the specified defaults, andrf so corrected and cured, to the satisfaction of ACHD, this Agreement shall not be terminated but shalt continue in full force and effect. SECTION 6. FEE. Throughout the term of this Agreement, Licensee agrees to pay ACHD an~annual fee for the Authorized Use of the Right-of-Way of $ WAIVED, payable in advance. If this license is terminated under section 5 prior to the end of the period paid for in advance, ACHD agrees to refund the unearned prorata portion of such prepaid fee. SECTION 7. MAINTENANCE• FAILURE TO MAINTAIN• RELOCATION OF UTILITIES. 7.'1 At its sole cost and expense, Licensee shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of ACHD and sound engineering practices. Licensee shall have access over, across and under the Right-of-Way for the purposes of accomplishing such repair and maintenance. 7.2 If the Highway on and/or adjacent to the Right-of-Way is damaged as a result of: (i) the performance by Licensee of the maintenance required by section 7, or the failure or neglect to perform such maintenance; and/or MASTER LICENSE AGREEMENT -Page 3 (11/13/08) • (ii) Licensee's design, installation or use of the Improvements, r®gardiess of cause; at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the Highway and the surface of the Right-of-Way to the same condition it was in prior thereto, and if Licensee shall fail or neglect to commence such correction and restoration within twenty four (24) hours of notification then~of, ACRD may proceed to do so, in which event Licensee agrees to reimbunae ACHD for the costs and expenses thereof, including, without limits#ion, reasonable compensation for the use of staff and equipment of ACRD. 7.3 Notwithstanding the provisions of section 7.2, should an emergency exist related to the Licensee's use of this license which threatens the stability or function of the Highway on or adjacent to the Right-of-Way or the safety of the public use thereof, ACRD shall have the right to immediately perform, on behalf of, and at the cost of Licensee necessary emergency repairs. 7.4 Licensee will be res~nsible for the relocation of any existing utilities located on the Right-of-M/ay as may be required in connecction with any cronstruction or installation of Improvements by Licensee in the Right-of-Way. ~ECTlON 8. RELQCATItJf~ OF IMPRQVEI~ENTS. !f during the term of this Agreement ACRD requires, in its sole discretion, at any time, and from time to time, that the Highway on and/or adjacent to the Right-of tNay be wid®ned and/or realigned, redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for all costs for relocating, modifying or otherwise adapting the improvements to such realignment and/or relocation and/or n~construction if required by ACHD, which shall be accomplished by Licensee according to designs, plans and specifications approved in advance by ACHD in writing; provided ACRD gives Licensee adequate written notice as necessary #o allow Licensee to redesign, reloca#e, modify or adapt the improvemerrts to the realignment and/or relocation and/or reconstruction of the Highway and also licenses Licensee swch add~ional area of its right-of-way, if any, as may be necessary for the proper operation of the Improvements. SECTION 9. PERMIT. If the proposed construction and installation of the Improvements, or any reconstruction, relocation or maintenance thereof requires Licensee to obtain a permit under AGHD policies, Licensee shall first obtain such permit from ACHD (Construction Services Division) before commencing such work, and pay the required fees and otherwise comply with the conditions set forth therein. SECTION 1 Q. NO TITLE IN LICENSEE. Except as expressly provided herein, the terms and conditions of this Agreement shah not' create any type of property right, title AAASTER LICENSE AGREEMENT -Page 4 (11/13/08) • or interest in Licensee in or to the Right-of•Way other than the right to temporarily use the same pursuant #o the terms of this Agreement. SECTION 11. NO COSTS TO ACRD. Any and all costs and expenses associated with Licensee's Authorized Use of the Right-of--Way, or any construction or installation of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensee. SECTION 12 TAKES AND ASSESSMENTS. Licensee agrees to pay all special assessments and persona! property taxes that may be levied and assessed on the Improvements during the term of this Agreement. SECTION . 13. RESTORATION ON TERMINATION. Upon termination of ~lis Agreement, Licensee will promptly remove all Improvements and restore the flight-of- Way to at least its present condition. Should Licensee fail or neglect to promptly remove the Improvements and restore the Right-of-NVay, ACRD may do so, and assess Licensee for the costs thereof. Provided, ACRD and :Licensee may agn~e in writing that some or all of such improvements are to remain on the Right-of-Way following termination, and by entering into such an agreement Licensee thereby disclaims ail right, title and interest in and to the same, and hereby grants such Improvements to ACHD, at no cost. Further provided, if tie Authorized Use of the Right-of--Way under this Agreement is for landscaping in ACHD right-of-way and the irrigation and maintenance #hereof, and the general purpose government with jurisdiction has adopted ordinances, rules and regulations governing the landscaping and maintenance of such right-of-way by owners of the adjacent properly, to the extent such owners are obligated to maintain and irrigate the landscaping Licensee need not remove the same from the Right-of-Way. SECTION 14. INDEMNIFICATION. Licensee hereby indemnifiers and holds ACHD harmless from and against any and all claims or actions for foss, injury, death, damages, mechanics and other liens, arising out of the failure or neglect of Licensee, Licensee's employees, contractors and agents, to properly and reasonably make Authorized Use of the Right-of-Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and occupation of the Right-of-Way by Licensee, and including any attorney fees and costs that may be incurred by ACHD in defense of such claims or actions indemnified against by Licensee hereunder. For claims or actions arising out of failures or neglect occurring during the term of this Agreement, Licensee's obligations pursuant to this section shall survive-the termination of this Agreement. MASTER LICENSE AGREEMENT -Page b (11/1/08) • SECTION 15. CQMPLIANCE WITH LAW; WASTE AND NUISANCES PR,~? I?~-I BITED. In connection with Licensee's use of the Right-of-Way, throughout the t®rm of this Agreement Licensee covenants and agrees to: {i) comply and observe in all respects any and ail, federal, state and I~al statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act andlor to the presence, use, generation, release, discharge, storage or disposal in, on or under the Right-of-way of any Hazardous Materials (defined as any substance ar material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state or local environmental statute, regulation or occurrence presently in effect or that may be promulgated in the future); (ii} obtain arty and all permits and approvals required by ACRD or any other unit of government; and {iii) commit no waste or allow any nuisance on the Right-of Way. Licensee covenants and agrees to indemnify and hold ACRD harmless from and against any and all claims, demands, damages, liens, liabiliti®s and expenses (including without limitation, reasonable attorneys' fe®s), arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement. SECTION 16. ASSIGN,~JENT. Licensee, upon the prior written consent of ACHD, may sell, assign ar othenroise transfer this Agreement. Upon execution of the Assignment, the assignee assumes all obligations, warranties, covenants and agreements of Licensee herein contained. SE~TiON 17. ATTORNEYS' FlrES. in any suit, action or appeal therefrom to enforce or interpret this Agreem®nt, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 18. NOTI Any notice under this Agreement shall be ~in waiting and be delivered in person, or by United States Mails, postage pr®paid, or by public or privy#e 24hour ovemight courier service (so long as such service provides written confirmation of deliver~i), or by facsimile verified by electronic confirmation. All notic®s shall be addressed #o the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on {a) actual delivery or refusal, (b) three (3} days following the day of deposit in the United States Mails, (c) the day of delivery to the ovemight courier, or (d} the day facsimile delivery is electronically confirmed. If to ACHD: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714 A#tn; Right of Way Division MASTER LICENSE AGREEMENT -Page 6 (11/13/08) `.___~ if to Licensee: City of Meridian Tammy de Weerd 33 E. Broadway Ave. lUleridlan, ID 83fi42 ~208)8t38.4433 SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein extended, and the covenants and agreements herein contained shall inure to the benef~ of and be binding upon the parties hereto and their sucxessors and, if consented to by ACRD under section 16, Licensee's assigns. ~ECTIDN 20. EXHIBIT .All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTIO 21. RECORDATION. This Agreement shall be recorded by ACRD upon execution in the Official Real Property Records of Ada County, Idaho. SECTION 22. War ~f Au~horii~y to Execc~,e. 22.1 The arson executing this A re~ment on chaff of ACRD re resents and P 9 P warrants due authorization to do so on behalf of ACRD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. 22.2 If Licensee is not a natural person, the person executing the Agn~ement on behalf of Licensee represents and warrants due authorization to do so on behalf of Licensee, and that upon execution of this Agreement on behalf of Licensee, the same is binding upon, and shall inure to the benefit, of Licensee. MASTER LICENSE AGREEMENT -Page 7 {11/13/08} s .. this a~`~ day of , 200.. IN WITNESS WHEREOF, the GRANTOR has caused this agreement to be subscribed APPROVED: Tammy c~~dVeerd, MAYO STATE OF IDAHO ) ss. County of Ada ) `````~~ ~o~u~rr~®®!~''`'' ATTEST: ,.~`. ~ %, .~ C1' pFtPOR,q ~, ~L '~ I `~ ~° ~ CI CLERK ~EAI, ~~ ~~ '~~ O ~~~.~ ~p r 1ST • Poj` ~.. ~~''~9~~vNrt `v ~~'~~\ /~~~~~rrrrr-It n tttt~N~``• On this a~l~' day of 1~ ern _Pm~,r , 200, before me a Notary Public in and for said State, personally appeared Tammy de Weerd and ~~ayce~N~cl nn y~.-~ known to me to be the Mayor and Clerk of the City of Meridian, the municipal corporation that executed and attested the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed n,y official seal the day and year first above written. ~~~~f~i ~.~1CA-J~-01v,~, ~,; ~o ~ .~ otary P blic for Idaho . • ' ~ Residing at: ~vra r I (~ ;~ ~~.,~ pt~y1G, ~~ ~ My commission expires: ~ ~ ao~ ~{ •°~97'E OF ~'~ ~fe~~~~~ MASTER LICENSE AGREEMENT -Page S (11/13/08) ADA COUNTY HIGHWAY DISTRICT By: C a on B. Romo Its: Right of Way Supervisor STATE OF IDAHO ss. County of Ada ) r ,- ., On this I I day of '' 20 Cpl, before me, ~~~ ~-- ~~l ~ a Notary Public in and for the State of Idaho, personally appeared, Chanon B. Romo known or identified to me to be the Right of Way Supervisor for the Ada County Highway District, the person who executed this instrument on behalf of said District, and acknowledged to me that the Ada County Highway District executed the same. IN WITNESS WHEREOF, /have hereunto set my hand and affixed my official seal the day and year first ab ve written. s m ~.~. ~ .~ ,~ - Notary Public f r Idaho KAREN L. ARNOLD Residing at: NOTARY PUBLIC My commission expires: ~~ STATE OF ll"~AI-10 EXH_ Exhibit A -Description of Licensee's Property Exhibit B -Depiction of ACHD's Right-of-Way Exhibit C -Authorized Use of Right-of-Way MASTER LICENSE AGREEMENT -Page 9 (11/13/08) • ' ' ~ ~ " Property Management No. 8741 -~~ 1 ~n9 o ~ - . Parcel: 85672000010 ' Street: 33 E. Broadway Ave. Meridian, ID 83642 T3N, R1 E, Sec.07 LEGAL DESCRIPTION PARCEL # 85672000010 LOTS 1-9 & 23-30 INC BLK 01 & VAC ST ADJ TO LOTS 1-9 & ADJ VAC ALLEY AMD BLK 01 MERIDIAN TOWNSITE AMND PARCEL 1 R/S 7479 #0008-B EXHIBIT "A" r~ ~ w O ~~ ~-~ ~ ~~ ' r ' ~~ I ' ~`'~' _ - ~~. ,a~.-. f ~ } i =yam' ~ d ~ i. ~ ,„ 1 L Y ~ ~ ~ .i7W~;~id3 .:4 u~ s~ 'G ~~: Z''a~- t{. j.. tip j!. ~} ~ ~ __,.~"`,~, c - 'i ~ ~ ~'j K--~ h w ~ ~, .,~ ~:~ w-~• ~ •-"~ `h`} ,~~ ~~ - - - .~ `r t ' - _ ..~ 4 ~° ~- ~i '} ~r'~ ~ z ,~' ~. .,; ,. V ~, m _.. s y~~N ~- +~+~~ ~ '' I ~ f ~ ~:. W _.a by .S+r h'.' `~" 'r: - ~:..~ a y,: . 7, Q, ~ ~. - _ ,r" ` y ~-f~" ~ ~ ~ ~tl-fie }}}1a~ h fi ~ i ~ 1+~ O tf ~'~ -~~~~ ~wl~ i.l `M->"S'113~-~r .`C - ~f 3 - . - ` ..`~ - IG ~,~. ~ _ ~ c '~'^ ' _~ 5 L 1 . ~ N' . ~ a.9 ~i. '` ~~ .~; ~C -~-. ~. 4} -;~ ~ ~ ~ ,. ~, . o i~^ ~ ~tlt ~~ ~~~~~ k~ ~~~ ~d~~~l~~~~~~~~~ ~pai®~ !~ ~ 3~ ~ ~ ~~~~ I~g !~ ~~~°~~~~~ mt ~~~~~~r~~~~~ + I ,Y~ ~ t •4 ~ m I ~t71 ~ ~ ~ ai ~ ~' ,a. °~ '' II ` ~a ~ ;~ 9 d I?t I ~ .m -~ ~ ~ ~~~w JJ~~ ~ ~~ `e~ ~ ~ ~~a ~ fry 'I' f i `.. r } ~i r ~ ~ ~~~• ~~ 4 } 1• i~ ~ ~ ~!J a ~ I: ~ I - ~, ~ . $ ,~: ~ _ „~ ~ ~, ~ ~ ;{ , ~ a ., ~ s~ ~. a ice' ' ~ ~~,' ; ~.._ ~ ~ ~'~ ' IlF ff ~l~ a~ I{.~ ~I ~J • '~'~ ~ &W3PC]AO~tdYlq a3J.dM GNN Ndfala3W ~ NVIGli13W GNV MUlWt~ w~ ~ ~ 4w w ow.~. epp as ,. ~v ,~ ~ ~, d H ~ ~~ ~ ~~ ~~ ~~ ~~ ~ ~g ~~ ~~ ~ ~ ~ ~~ z ~ o ~ ~ ~~ w ° ~ ~ ~ ~ ~~ ~~ ~~ ~ ~ ~ o ~ ~~ ~~~~~~ ~ A ~ ~ x~ a ~~ I ~ ~~~ ~ r!, ~ ~ U1 ~ R1 ~ ~ ~ p~ ~r ~ ~ ,,.• p H A E-+ ~ w ~ ~ ~~~~ ~~~ ~~~~ ~~~~ '~ ~ ~ EQ C ~~~ ~r~ s~ ~ ~ ~~ ~ z ~ q ~ ~ ~ ~~~~~ ~~~~~~~~~ ~~~~~~~~ o `{' E,'c' ,.~~~ a~~~ ~t~~~~ ~ ~ ,,ads _ ~ ~ z ° ~ ~p~is~~s~ ~~~I~~j1i!lq~~I ~ wv ~ ~ ~ ~~ ~~ ~ o C ~ ~ ~ ~ ~~ ~. ~ ~~ o ~ a a ~ 1 ~ ~ ~~~~~m~a~~~~ ~ ~~i~ ~~ g~ U a+ ~ a+ ~y ~ ~ ~ ~ ~ asps®~~~ ~~ ~sds Q o W ~ ~~~~ ~~iy~~ ~~ ~ ~ ~ ~ ~ ~ ~ e~~~~ ~~~~~~'~ ~®s~~1~e~~ c ~~1 ~ ~~ ~ ~ir~~ ~ ~ ~ o ~a~ ~ ~~ ~ w rr~~s~~ ~ s~ ~~ A ee~~ ®~ ~ ~ v ~~~~ ~e ~rt~ g~~~a ~®~ ~ ~~~~~~~~ ~~~,~~~~~s~b~lr~l~ ~ a ~~~~~ A~~~~ ~ ~,~~~ 1~t~ i~~~l~~~I~i~~°~~ti~'o~~pl~ ~!! ~tibbb~~~b~4b~~~~~~~~~1~..~`~~~A~ L « a • e e P a p a O ~ ~ 1 ~~~ IB.~ aB :$ -n n a e bbbb n ,c ~ Q O ~'? g e ~ y I 1 .,; ' ~1 a Q ~,gA~-fip~ J~ ~r ae ~-~~$9x~~ ag& p$ap[ `~ @e ~q ~ a .9 1~~=a ~'~ la lm $~~ao•~ `S~ 90 ,$ ~9~¢c.~ ~. ®~~~aa r~~~, ~ ~Ri Q~ if 4 ~y ~ C ~ ~ ~ 3 ~ ~ ~~ ('~•'~ ~~~b.•fw1~F ~IW~ ~ t~3~u~dLlea.on of `dI ~.SSm@L~9c P~iA: ~_ d ~~ S ~O a ~ ~ w u~ ~ 1 1 • ' F I I' i I ~. d1 ¢I~ ~ ~) ~ S m ~ ~ ~ ~~ i 1. ~:l+f .t: ~ 1' d'r ~ T ~ ~~ ~ ~ ~ 1 ~ ~ ~ ~.q~+. ~,Yli!4'~~9'~: ~t •~.~1...'i~ .~}~Im ~1+(~: u~ _tll ~1 ~~.tll~ ~/-t~ (~l?4 w MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. SM REQUEST Change Order # 1 to Original Contract Dated June, 2009 With Challenger Companies, Inc. for Idaho power Conduit Installation and Relocation of an Eye Wash Station in the Well #27 Pump House for aNot-to-Exceed Amount of $664.21 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~i'~E IDIAN ~ Public IDAHO Words Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent A. Blake, Sr. Engineering Technician II DATE: 10/27/2009 Mayor Tarnmy de Weerd ~~~ Ke~h Bird Brad Hoaglun Charles Rountree Dautd Zaremba SUBJECT: WELL 27-PUMP HOUSE CONSTRUCTION-CHANGE ORDER #1 (NEXT AVAILABLE CONSENT AGENDA) I. RECONIIV.Q;NDED ACTION A. Move to: 1. Approve change order #1 associated with the contract dated Jane 2, 2009 with Challenger Companies, Inc. for the Well #27 Pamp House Constracdon project. The change order is for an Idaho Power Conduit and an Eye Wash local3on change. The change order is for a not to ezceed amount of $664.21. The original contract amount is $350,767.16. Therefore, approval of this change order would increase the contract amount by 0.19% to a grand total of $351,431.37. 2. Authorize the Mayor to sign the change order. II. DEPARTMENT CONTACT PERSONS Brent Blake, Engineering Technician II (Project Manager) 489-0349 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 Page 1 of 3 III. DESCRIPTION A. Background Construction of Well #27 Pump House was budgeted for fiscal year 2009 in accordance with the City's Water Master Plan Update of 2006 prepared by C;H?M~ L. A contract with Challenger Companies was approved on 6/2/2009 in the amount of $350,767.16. To date, there has not been one change order associated with the project. This change order will be the first, and likely the only, change order for this project. B. Change Order This Change Order is intended to pay for two (2) items that were recently added to the project. The first item (Relocation of the Eye Wash Station) was needed because it is more practical to have the eye wash located near the Hypochlorite tank as opposed to its originally designed location. The second item (Idaho Power Conduit Installation) was needed to ensure that the project and our contractor stay on schedule. After talking with an Idaho Power representative it became apparent that Idaho Power would not be able to install the conduit before the pavement plants cease operations for the year. Therefore, we decided to have Challenger Companies, Inc. perform the conduit installation. Attached is the associated change order for this work. IV. IlVIPACT A. Strategic Impact• This project meets our mission requirements to indenti~fy and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact• The addition of a new well to provide water supply in this area was indentified as a priority in our 2006 Water Master Plan update prepared by CH2Mf-III.L.Currently, there are 10 wells in pressure zone 2 and the addition of Well #27 will fulfill the City's goal to acquire 11 wells within the zone by the year 2010. When complete, Well #27 will supply 2.5 MGD (million gallons per day) to this pressure zone and therefore meeting demands for water distr~'bution and fire flow. This change order enstu~es that Well #27 Pump House is constructed in accordance with our 2006 Water Master Plan time frame. C. Fiscallmpact• Well Drilling Proiect Costs Original Contract Price Change Order No. 1 Net Increase Final Project Costs $350,767.16 v + 664.21 +$664.21 $351,431.37 Page 2 of 3 Project Funding Enterprise Fund for Well #27 V. TIlVIE CONSTRAINTS $412,174.30 Council's approval will allow completion of the construction with well #27 on line before January of 2010. VI. LIST OF ATTACHMCNTS A. Contract Change Order Form Approved for Council Agenda: Tom Barry, Director of Public Works Date Page 3 of 3 CITY OF MERIDUNi 33 EAST 19Att@ ~_ MERIDUWr ID 83842 CONTRACT CHANGE ORDER • • Charge order Na.: 1 Proleat Number: 0670d gate: 10/Z7/2009 Effective Gate: CONTRACTOR: Challenger Companies Inc. PRO.)ECT: Well 827 Pump House Construction The Contractor ES herefoy directed to make the fbgaw~ chartg~ from thB Co~ract Daaumer~ and Plans. D~dptlon: 1) Reklt~e the Eyewash Center to tl~e ~ugreest of the pump house. 2) Install the Idaho Power Conduct salsas qre parkhlg lot area to order b pave bebre sold weather arrives. Rea~n for Change Order: Ta ~mplete prayed on time and in a practical manner. At~chmer~: . CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contrast Prise: $350,787.18 Qdgirml Contrast Completion ate: Ortginai Contract ComplaTlan Net changes from previous C.O: s.: IVai toys ctu~nge torm previous C.O.'s: Na. Q to Q Na 0 to Q $0.~ contras Price Prior to the C.O.: Contract Compkdton Date tsafone this C.O.: $350.767.18 Net Irrcaaase (deareaes) of this C.O.: Piet Days Irtcre~e (dearsase) of this C.O.: $884.21 contract Prise with ap Approved c.o.~s: Contras Comp~tton tote wqh an approves c.o.'s: $351,431.37 RECOMMENDED: (CONST RUCTION NWVatiEi~ ACCEPTED ( NTRACTOf~ D Date: ,tu27r2ims gyp- z`~ -ZQp ~ /o/zS/o9 ~~`` ~l O~ ~s0~'''''~ . , aPPROVED: tcm o c01JNCll. aPPROVAI. ~.~ T~ t3y: Keith watts ? ~ `~ ~ ~~ ' C7~ ? Date: / ' ,. ~ . Date: APPRO4--~ C"'~/f ATTEt3T: ~~ T '~ ' a`O B M T d ~ 1S '9 e ',''• O ``\• y: ayor anrnry a ,,~ By: Cqy Cleric, .layoee Henan ~, ~~ , ~"~ ~ ' e `` yl ~~1 Data. It ~~ `~V~ ~ ~ ~ l/N { t l~, .~.~~~~\ QBtB' `t'Z-1~o~ '~~~///- l~rr~..~ MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ~2. REQUEST Change Order # 1 to Heroes Park-Phase 3 (Construction) Original Contract Dated July 28, 2009 with Hillside Lanscape Construction for aNot-to-Exceed Amount of $3,380.00 ~~~~ X33 p/S ~ COMMENTS AGENCY ~ CITY CLERK: ~ Z~ ,3~~ CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS 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: Emailed: Staff Initials: See Attached ITEM NO. SN Phone: Materials presented at public meetings shall become property of the Cify of Mertdlan. • CPiY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 Change Order No.: 1 Pro~eil Number. PK-09-10078 Date: 10/30/2008 Etfectlwa Date: 10/30/2009 CONTRACT CHANGE ORDER • CONTRACTOR: Hillside Lands~pe Construction PROJECT: Heroes Park Phase 3 (Construction) The Contfactor Is hereby directed to make the following changes from the Contrail Documerda and Plana Desclptlon: AmoLd WCD No.1) Additional 260 LF of concrete edging to file playground areas. $3,380.00 $3,380.00 Reason for Change Order: wcD No.1) To provide better support for the concrete surfacing bordering the playground surfacing. This will increase the longevity of both surfaces. Attachmer~: WCD No. 1. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contrail Price: $1,054,353.60 Ortgtrtal CoMrad Completion Date: ~ ~ - I (p - ~ C~ final Contrail Com letton Net changes form previous C.O: s.: Net Days change town previous C.O.'s: No. 0 to 0 No. Q to Q $0.00 Contrail Price Prior to this C.O.: Contrail Completion Date before this C.O.: $1,054,353.60 Net Increase (decrease) of this C.O.: Net Days lncn~ase (det~ease) of this C.O.: $3.380.00 Contrail Price with ap Approved C.O.'s: Contrail Completion Date with ail Approved C.O.'s: $1.057.733.60 - RECOMMENDED: (CITY CAPITAL PROJECTS MANAGER) pate; ~ ~ ACCEPTED (CITY OMSION REPRESENTATNE) A ( CT R) ``~~~~'' r~~~~,~ BY: ~- o ~ ~ Date: Ib a o ~ ~ ~~ (l. 0 •Q APPROVED: (C P C ING AG COUNCIL APPROVAL By: Keith Watts / 7t~~ ~ ~ ' Z ~ - ~'' '.~ 1~ O "fi Date: ~ _ j _ C~ 7 r 1gc • ~ Data: -, 0,9 ~ ` ,, , APPROVED• MAYOR) ATTEST: (CITY CLERK) i~,~ ~~` BY: Ma r Tammy d eerd By. City Clerk, Jaycee Holman Date. ~~ -'L~'~ Cf1 Date: 1~ ~Z~ - (~~ • CITY OF MERIDIAN Heroes Park Phase 3 C ADA C?OUN7Y. IDAEIO • WORK CHAI~TGE DIRECTIVE No. _I DATE OF ISSUANCE 94-09 EFFEG°T1VE DATE 9-0409 OWNER Cittyy of Meridian CONTRAZ~I'OR Hillside on Contract; Heroes Fark Phase 3 Pro'ect• ~ieroes Park Phase 3 O~EII's Contract No. PK -1 EERs ro~ect o., You are directed to proceed promptly with the following change(s): ~ ~ ~ -~ Description: install as additional esdmateed Z60 LF of concrete edging (per detail 8 on sheet LS 5) to the playground areas detailed on sheet LS-5. The concrete surfacing area and dimensions are to remain ~e same. Add the concrete edging towards the playground surfacing side of the concrete surfacing area. At the 2-S year ppla~ygrotsnd area: add the concrete edgt'ng to the north, west, and east side of the playground surfacing where it meets the concrete surfacing. At the S-!2 year playground area: add the concrete aiging to the north and west side of the playground surfacing where it meets the concrete surfacing. Purpose of Work Change Directive: Provide better supprort for the concrete surfacing bordering the playground surfacing. This will increase the to ty of both swct'aces. Attachments: (List documents supporting change) Email from Hillside Landscape Constivction. Contn~ct D~uments. 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 Method of determining change in Contract Price: ^ Unit Prices ^ Lump Sum ^ Cost of the Work Estimated 'increase (decrease) in Contaact Price: Estimated increase (dect~se) in Contract $$3,380.00 If the change involves an increase, the estimatal amount is not to be exceeded without tiuther authori~an. Times: Substantial Completion: days; Ready for final payment: days. RECOMMENDED: OWNER ( RO DER) OWN R ( BP RTML ElCD No. 1910-8-F (I~b Bdidon) In by the John CmiUact Domm+~ Conndttee and endmsed6y TIN Aet Oaneral Camas of Amartca and AUTHORIZED: .. _' Msuc Jensen • Page 1 of 1 From: Cliff Yochum [Cliff(a~hillsideco.c:om] Sent: Tuesday, September 01, 2009 3:37 PM To: peal®harvestdesign.tw, Shannon Yochum; Bob Harris Cc: Max Jensen; Elroy Huff Subject: RE: Heroes, add service proposal PR #03 PR fl03: add 260' linear feet of concrete edging per detia8 LS-5, #8 - $ 3,380.00 If you could tet us know by Thursday afternoon on this we can plan our excavation accordingly. Thanks, Cliff Yochum From: Paul W. Norberg [mallto:paut@harvesbdesign.ty] Sent: Tuesday, September 01, 2009 2:42 PM To: Cliff Yochum; Shannon Yochum; Bab Harris Cc: 'Max Jensen'; '©roy Huff Subject: Heroes, add service proposal Cliff: I reviewed the design for the playground area with Max and Elroy this morning, they are interested in obtaining a price from you to instrall the edgin;, shown in (LS-5, d8) at all of the edges where currently the 4" slab creates the edge. This would beat both sides of the playground (2-5 area} and (5-12 area). 1 measure about 260 lineal feet. You ~nn'll need to confirm that amount. We discussed a ramp and Elroy stated that he did not wad one. Thanks, Paul ~A-f"VG3t ~~CSf~i3 Paul W. Norberg, Landscape Architect :?~t71 E. Co~~per P~atrtit nr. • Suite 15Q hicrtdi~n, In 83t~-~~ ~ul~harvestdesi~n.ty www.har•„yestdeslgn.ty • 9/4/2009 ~~i~E IDIAN • ~Llb1iC IDAHO Works Departmeat TO: Mayor Tammy de Weerd Members of the City Council FROM: Max Jensen DATE: 11-6-09 Mayor Tammy de Weerd ~~ Brad Hoaglun Charles Rountree Da~rid Zaremba SUBJECT: HEROES PARK PH 3 (CONSTRUCTION) CHANGE ORDER NO 2 WITH HII.LSIDE LANDSCAPING FOR $9,015.00 TO RE-ORDERJREPLACE STANDARD IRRIGATION PIPE WITH RECLAIMED IRRIGATION PIPE. THE ORIGINAL CONTRACT COMPLETION DATE WAS NOVEMBER 16, 2009. L RECOMMENDED ACTION A. Move to: 1. Approve the Change Order with Hillside Landscaping for the amount of $9,015.00. 2. Authorize the Mayor to sign Change Order No. 2 with Hillside Landscaping II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Max Jensen, Capital Projects Manager 489-0344 III. DESCRIPTION A. Background Through clarifications it was determined that all new standard irrigafion lines needed to be reclaimed water irrigation pipe. The contractor needed to re- order/replace the ordered and partially installed standard irrigation lines with Page l of 2 reclaimed water irrigation lines. The reclaimed water lines are purple and are labeled for reclaimed water use. IV. IlVIPACT A. Fiscal Impact: Cost Change Order No. 2 Pr+o~ect Funding Funding would come from the approved Water Reuse Interpretive Project Ph 1 budget (60-3590-96151) V. LIST OF A1°rACHMENTS A. Change Order No. 2 Approved for Council Agenda: • $ 9,015.00 $ 9,015.00 /G m q e Paget ofZ i CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN ID 83842 Change Order No.: 2 ProJeil Number: PK-09-10078 Date: 10/30/2009 Effective Date: 10/30/2009 CONTRACT CHANGE ORDER • • CONTRACTOR: Hilislde Landscape Construction PROJECT: Heroes Park Phase 3 (Construction) The CoMrador is hereby directed to make the following drang~ 69om the Contract Docum®ttb and Pierre. DesclpUon: Amount wcD No.2) Re-order/replace standard irrigation pipe with reclaimed water irrigation pipe. $9,015.00 $9,015.00 Reason for Change Order: wcD No.2) Through clariflc~tion, to have the correct pipe installed for the correct use. Attachmer~: WCD No. 2. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TiME3: Ortglnai Contrail Price: $1,054,353.80 Original Contrail Completion Dam: ~ ` -1(¢ ' ~~ Original Contract Completion ~ Net changes form prevous C.O.'s.: Net Days change form previous C.O: s: No. 0 to 1 No. 0 in Q $3,380.00 Contract Price Prior to this C.O.: Contrail Camptetlon Date before th[s C.O.: $1,057,733.60 ~ {. '~ ' O Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $9.015.00 -~~ Contrail Price with ap Approved C.O.'s: Contrail Completion Date with ad Approved C.O: s: $1.088.748.60 ~ - ~ ~j RECOMMENDED: (CITY CAPITAL PROJECTS MANAGER) Da : ACCE D ( DMSION REPRESENTATNE) ACCE D (CO CTOR) By ~~ ~~ By f!/"t: Date` Date` l l r r o - .o APPRO (CnY PURCHASING Gl~ COUNCIL APPROVAL ~ G%~ 1 ~'Z~ - ~~- By: rceith watts Date: !!- 23 '~~ U ` Data: APPROVED: C YO R) / ATTEST: (CITY CLERtn ~ ~~ ~ E~[~;~i(,1~~/! M T d d H B Cit Cl k J ayor ammy e eer By: y: y er aye o , Data: I ~ ~ Z~ e~ Date: ~ ~ - Zy - o~ CITY OFMBRlD~AN limoea Park Phase 3 C~tstrllaltoa ADACUIlN'tY. IDAfiO • • WORK CHANGE DIRECTIVE No. 2 DATE OF ISSUANCE _9--2409 EFFECTIVE DATE 9-24-09 OWNER Cittyy of Meridian CONTRAZ°1'OR Hillside pe nstructton Contract: Heroes Park Phase 3 ___ Pro"ect~ ~Iero~ Park Phase 3 O~It's Contract No. PK09- 0 78 's Project o. You are directed to proce~l promptly with the following change{s): Description: Through clarification, it was determined that all new irrigation pipping for tl~e use of reclainced water is required to be purple. The new irrigation pig that was ordered/installed by Hillside Landscaping needs to be re-ordered/replaeed arith purple pipe. Purpose of Work Change Directive: Through clarification, to have the correct pipe installed for the comcct use. Attachments: (List documents supporting change) Email from Hillside Landscape Construction. If OWNER or CONTRACTOR believe that the above change has at~ected Contiract Price any Claim for a Change Order leased 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 Estimated increase (decrease) in Contact Price: Estimated increase (decrease) in Contract $ $ 9,015.00 If the change involves an increase, the estimat~l amount is not to be exceeded without finrther autliorization. Timms: ~,q~~ Substantial Completion: J~ days; Ready for final payment: days. • By: By: E,it:DC Aio. lsto-s-ti p996 Edition) PrepOred by ute taim Camasd Doamne~ Caa+mittce and mdnmed by ~ ns~oo~cod Gamtral ewe o4Aram4a amt Iha ca~m5oetton Spate to~mm. Page 1 of 2 Max Jertaen From: Clfff Yod~um [Cifff(~hlllsideoo.com] Send Tuesday, September ?2, 200910:37 AM To: paul~haroestdesign.ly Cc: Max Jensen; Shannon Yochum; Bob Harris SubJect: RE: Paul, All of the pipe has been ordered or installed. I do not have final numbers on what the restocking fees will be but I need to get the pipe ordered so I wanted to get you my best estimate. We are a.~rrently unable to proceed an any irrigation because we do not have the proper pipe - we had planned to work on it today. Gost is broken into two parts: 1. Cost to replace installed pipe -mainly in area 2. Total cost $ 7,415.00 a. New purple pipe - $ 420.00 b. Fittings as needed - $300.00 c. Equipment to dig up pipe - $1,200. d. Labor - $ 5,495.00 2. Cost difference for purple pipe on the remainder of the project - $1,600 to $ 2,000 depending on restocking We are also requesting a 2S day time extension for this: 4 day delay to put this pricing proposal together {aswming we get approval on this today -add 1 day for every day after the 22nd 7 day delay far shipping of purple pipe 14 day delay for replacing the installed white pipe Thanks, Jiff. From: Paul 1Ai. Norberg [mallm:paulC~-harves~des[gndv] Senir Friday, September 18, 200910:09 AM To: (~ Yochum; Shannon Yochum; Bob Harris i~ 'Max Jensen' S~ecib RW: cliff: Attached is a clarification from the City of the use of the purple pipe. You will see at the end they request a proposal from you. Thanks. Paul • 9/24!2009 MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. SO REQUEST Task Order #10138 with CH2M Hill for the WWTP Air Quality Permit Engineering & Design Pursuant to the Master Agreement executed on December 12, 2006 for a not to exceed amount of $23,975.90. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: See Attached 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 CHy of Meridian. ~~i~E IDIAN ~11b1;C IDAHO ~iTor~s Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, Assistant City Engineer DATE: 10/29/09 SUBJECT: TASK ORDER 10138 FOR WWTP AIR QUALITY PERMIT ENGIl~TEERING AND DESIGN I. RECOMNICNDED ACTION A. Move to: Mayor Tonurgr de Weerd ~~ ~,Bl~ Brad Hoagl~m Charles Rountree Da~rid Zaremba 1. Approve Task Order 10138 with CH2M HII,L for the WWTP Air Quality Permit Engineering and Design pursuant to the Master Agreement executed December 12, 2006 for snot-to-exceal cost of $23,975.90. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Place names, titles, and phone numbers of the Persons involved in Descending Order: Tom Barry, Director of Public Works 489-0372 Warren. Stewart, PW Engineering Manager 489-0350 Clint Dolsby, Asst. City Engineer (Project Manager} 489-0341 III. DESCRIPTION A. Background The City of Meridian recently received as Air Quality Permit-to-Construct (PTC) from the Idaho Department of Environmental Quality (IDEQ) for the Wastewater Treatment Plant (WWTP) located at 3401 N. Ten Mile Road in Meridian, Idaho. The air quality PTC r~uires an air quality operation and maintenance manual and Page 1 oj3 monitoring equipment for operating the anaerobic digesters, biogas boilers, and candlestick flare. B. Proposed Project This task order will enable CH2M HILL to develop the air quality operation and maintenance manual and calibrate the Hydrogen Sulfide (H2S) and biogas flow rate monitors for Boilers #2, #3, and #4, and the candlestick flare. In addition, each of these monitors will be electrically connected to the existing SCADA system. C. Consultant Selection The consultant selected for this pmject has completed the air quality permit application that was the precursor to the acquisition of the air permit for the wastewater treabnent plant. This consult~t was chosen due to their familiarity with the project and quality of the work they have completed on this project. IV. IlVIPACT A. Shategic Impact This activity aligns with our department's mission of providing modern and reliable facilities. B. Service/Delivery Impact- This is the first Air Quality Pen~ait for the City of Meridian's wastewater treatment plant. The construction of the required improvements at the wastewater treatment plant will increase the air quality and quality of life for the residents of the City of Meridian. C. Fiscal Impact: Project Costs Consultant Agreement Time and Materials Not to-exceed $23,975.90 Total Time and Materials Not to-exceed $23,975.90 Project Funding Project will be funded from WWTP Consulting (3500-55103) $23,975.90 V. ALTERNATIVES A. The City could choose not to construct the required improvements in the Air Quality Permit-to-Construct (PTC) from IDEQ. This would result in a failure Page 2 of 3 to meet the timelines identified in the permit. Outcomes of these delays could manifest in fines and/or other enforcement actions from IDEQ. B. City staff could apply for an extension and delay the construction of the required improvements and completion of the air quality operation and maintenance manual if funds are not available at the present time. The City maybe able to get additional time to complete the requirements outlined in the Air Quality Permit-to-Constntct (PTC). VI. TIME CONSTRAINTS Council's approval will allow the City to meet the timelines outlined in the Air Quality Permit-to-Construct (PTC). VII. LIST OF ATTACHMENTS A. Task Order 10138 with CH2M HII.L for WWTP AIR QUALITY PERMIT ENGINEERING AND DESIGN • Approved for Council • Tom Barry,~bi~ector of Public Wor Daxe Page 3 oj3 '~ a ~ ° PURCHASING AGENT 33 E. Broadway Ave, Meridian, ID 83642 Phone: (208) 489-0417 Fax (208) 887-4813 TASK ORDER NO.10138 Between CITY OF MERIDIAN AND CH2M HILL This Task Order is issued by City and accepted by the Engineer pursuant to the mutual promises, covenant and conditions contained in the Master Agreement between the above mentioned parties dated December 12, 2006. AIR QUALITY PERMIT ENGINEERING AND DESIGN SCOPE OF SERVICES Proj®ct Understanding The City of Meridian (City) recently received an Air Quality Permit to-Construct (PTC) from the Idaho Department of Environmental Qualify (IDEA) for the Waste Water Treatment Plant (UVVVTP) located at 3401 N. Ten Mile Road in Meridian, Idaho. The air quality PTC requires monitoring equipment for operating the anaerobic digesters, biogas boilers, and candlestick flare. Hydrogen Sutflde (HaS) and biogas flow rate monitors will be installed, calibrated, maintained, and operated for Boilers #2, #3, and #4, and the candlestick flare. In addition, each of these monitors will need to be electrically connected #o the existing SCADA system . The PTC defines a 60-day requirement for development of an Operations and Maintenance (OEM) manual and a 120-day requirement for the installation and calibration of an H2S monitor. The PTC, however, does not identify a timeline for installing the biogas flow rate monitors. This task order assumes the biogas flow rate monitors for the candlestick flare and each of the three boilers (boilers #2, #3, #4) will be installed and calibrated within 120 days from issuance of the PTC. Note that the biogas operation for boiler #2 is currently off-line but monitor installation and calibration will also be provided for boiler #2. The scope of work and estimated costs are presented below for the engineering and design elements of the monitoring equipment. ? ~ r Scope of Work r CH2M HILL will perform tasks as outlined below. Task 1 -Prepare Air Quality Operations and Maintenance (OSM) Manual To address the PTC requirements, CH2M HILL will prepare an air qualify Operations and Maintenance (OEM) manual which will describe the procedures to operate and maintain the monitoring equipment associated with the boilers (boilers #2, #3, #4) and candlestick flare. The procedures and specifications described in the 08~M manual will address, at a minimum, the following topics: BioQas flow rate monitor: • Standard operational procedure for flow rate sampling, • Frequency and method of calibration, • Operational maintenance plan, • Procedures for upset/breakdown conditions and for correcting equipment malfunctions, and • Maximum flow rate H2S monitor: • Standard operational procedure for H2S concentration sampling, • Frequency and method of calibration, • Operational maintenance plan, • Procedures for upset/breakdown conditions and for correcting equipment malfunctions, Pilot Flame Detector • Method of ensuring continuous operation, • Operational malntenanc~, • Procedure for pilot flame re-ignition, and • Procedures for upset/breakdown conditions and for correcting equipment malfunctions. The contents of the O&M manual will be based on manufacturer's specifications for each piece of equipment. Schedule A draft air quality OEM manual will be submitted to WWTP personnel within 30 days of the City's fVotice to Proceed. Final issuance of the air quality O&M manual will be submitted to the City within 7 days of receipt of draft comments. The final deliverable will consist of a cover letter to IDEA, three hard copies of the air quality 08~M manual, and two electronic copies of the OEM manual on CDs. Task 2 -Electrical Engineering Controls The electrical engineering and control design will support the air quality PTC requirements for the biogas flow rate monitors and H2S monitoring equipment. DC Engineering will perform the work associated with this task as detailed in their cost proposal to CH2M HILL dated October 7, 2009 Attachment C. Assumptions The monitoring equipment will be pre-purchased by the City. DC Engineering will provide assistance to specify the monitoring equipment to be pre-purchased. Task 3-Project Management CH2M HILL will prepare a monthly status report in a one page memorandum on the.progress of the first two tasks of the project A review meeting will be scheduled for Task 3 to discuss the Draft OEM manual within 45 days of issuance of the final air quality permit. Comments will be addressed and may be incorporated in the final issuance of the O&M manual. Project management will consist of: • supervising project staff, • holding subcontractor staff coordination meetings with DC Engineering as required, • documenting meeting decisions and action items, • assigning activities to team members, • monitoring projec# progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion, • monitoring project actnties for potential changes, anticipate changes when possible, and with Owner approval, modify project tasks, budgets, and approach, • preparing and submitting a monthly billing with backup documenta#ion, • pertorming project quality control reviews of deliverables on this project. COMPENSATION Level of Effort The task level of effort estimates are summarized in the following table. CH2M HILL has developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below without prior approval by the City. Level of Effort Task D®scrlptlon Total Task 1 Air Quality OEM Manual $7,659.48 2 Electronic Controls $13,125 3 Project Management $3,191.42 Summary -All Tasks $23,975.90 All costs will be billed as time and materials basis not to exceed the value above. All work will be completed and costs will be billed in accordance with the Master Service Agreement dated December 12, 2006. CH2M HILL will cmmplete task 1 within the 60-day 08~M requirement of the issued IDEA air quality permit. 3 CITY OF MERIDIAN BY: ~ .~W~l~9~ ~2~GlGG TAMM de WEB .MAYOR -may-~ Approved by City JA' -Z Approved to ontent BY: KEITH S, PU C ING AGENT Dated: 1 l CHZM HILL S ~~ 'y, i l y G /o ~ ,. -- s r S~ 1 ~ r ~s~ • ,~~ OP `~ ~ ~ ~~ LINTY • ~~~~. -rrrr-rnn n~+``~`~ Department Approval BY: TITLE: Dated: • • Attachment C DC Engineering • • ~~ ENG/NEER/NG October 7, 2009 Mr. RickMcCormick CHZM IiiLL 322 East Front Street Suite 200 Boise, Idaho 83702=7359 Snb3ect: Meridian W WTP Air Quality Permit Compliacee Mr. RickMc~ormicl~ 440 E. Corporate Drive Suite 103 Meridian, IdaFto 83642 Phorre: 2082882181 Fax 2082882182 Thank you very mooch for the opgorhnrity to propose on the Air Quality Pemnit Compliance Project. The following is our proposed Scope of Service baste ~ the information that you have provided Prnject Understanding We understand that this pmjed will include the eleddcaUcontrol design to support the Air Quality Pemrit Compliance at the Meridian W WTP. Thesystemwillrequiremonitoringthe Bio-Cos pradaiction and utili~tion of the plant on a cxrntinuous basis. The monitoring went will ~ pre- purchased bythe City of Meridian. DC Engineering will provide assistance specifying the pre- purchased equipment. The electrical design wrll inchrde power and controls for the monitoring system Programming of the PLC and Wonderware applications to provide indication and historical data of the system will be completed under this contract. Consinrction adnninisttation services are included as well. DC Engineering will develop a design build set of construction des foruse in obtaining pricing from local contractors familiarwiththe W1~VTP. The construction will be a separate task order: Electntcal Eagtnteering • Work with CH2M HILL to understand theprocess requiring the electrical facilitation. • Provide the owner documentation to be used forger purchase ofmonitoring equipment and. assistwiththepre-purchase process. • Develop owner review and construction dceuments as required for the elec~cical power and controls installation. • Coordinate the installation and controls with the process anal plant personnel to develop the SCADA operation as desired • Design additional remote UO modules as needed for the existing cxn~ol system. • Attend a 90•~o review mailing with plant ~tsonal to ensure all plant process and operation needs are met. • Complete all PLC and WonderWare programming, including automated. gas production and utilization reports. • Provide construction administration assistance as required doting the construction phase. • Develop O&M on complyion oftheproject. ., ~~ DC Engineering .' Assumptions • All reports wdl be submitted to IDEQ by CHZM ICI, with input fivmDC F ~n~,*+~• • DC Engineering will provide design doarments to a contractor selected by the owner for Pricing. I?C Engineering wdl review and provide a competitive cost evaluation to insiue cost is actual andnot inflated vahr~. Deliverables • Design Plan drawings including power, iurstnm~entation, and co~oL • P&IDs. . • Control panel layouts an+d schennatics. • PLC Programming. • wonderwarepmgramming. • g0% review documents. • Construction documents ing review c~nunnents. • Startup verification aadtesting. • O&M in electronic format. • Cost evahratian report and recomnnendation to proceed with conshvction. Schedule • I~ Engineering has a capable staffthat can start immediately. we can meet the schedule as Proposed by CA21Vi HII.LL. Fee The project design fee will be based ontime and material with snot to exceed amount of $12,500 (Twelve Thousand Five Hundred Dollars). This amount does not include the construction cost. Services will be billed per our standard rate of compensation as follows: • principal Engineer, PE: $115 per hour • Engineer Level II: $95 perhour Project Manager. $90 per horn • Engineer Level L• $85 per hour • programmes: $85 perhour • Senior Designer. $80 per hour • I3esignes: $75 pea hour • Drafting. $60 per hour • Clerical: $45 per hour • Reimbursable expenses, if airy, will be billed at cost phrs 10 peacent. Thank you again for the opporhmity to work with you. If you have any questions, or require additional information, Please do not hesitate to ask • DC Engineefirtg • • Sincerely, DC~TQNLF.,RnVC7, P.C. ClayBingham Project Manager Accepted by. b ;~~ ~ o+'~+-Z~PrintedName %e~~1-i!~~n~ r Title ~'~ber ~R Z~`~ Date DC Engineering MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. 5P REQUEST Task Order # 10060A with Brown and Caldwell for the reclaimed water booster station and reservoir project development and request for proposals pursuant to Master Agmt executed on Dec. 12, 2006 for NTE $7,500.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: See Attached 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 Cily of Meridian. ~~i'~/CE IDIAN ~ Public ~ DA H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, Assistant City Engineer Mayor Tammy de Weerd ~~ ~,B~d Brad Hoaglun ~~~~ ~,w zar~a DATE: 10/29/09 SUBJECT: TASK ORDER 10060A FOR RE['LAIMED WATER BOOSTER STATION AND RESERVOIR PROJECT DEVELOPMENT AND REQUEST FOR PROPOSALS L RECOMMENDED ACTION A. Move to: 1. Approve Task Order 10060A with Brown and Caldwell for the Reclaimed Waxer Booster Station and Reservoir Project Developmen and Request for Proposals pursuant to the Master Agecement executed December 12, 200b 9 for snot-to-exceed cost of $7,500. 2. Authorize the Mayor to sign the agreement. Q. DEPARTMENT CONTACT PERSONS Place names, titles, and phone numbers of the Persons involved in Descending Order: Tom Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 III. DESCRIPTION A. Background Development of the Heroes Park water reuse program and the Citywide permit application laid much of the conceptual groundwork for building a reclaimed Page 1 oj3 water program. In conjunction with the Reclaimed Water Master Plan, this project will provide much of the backbone that is necessary to expand the Reclaimed Water Program in the City of Meridian. B. Proposed Project This task order will provide the City of Meridian with a design build proposal from Brown and Caldwell for the Reclaimed Water Booster Station and Reservoir Project. The intent of the design build process is to condense the project timeline and find efficiencies during the construction. C. Consultant Selection The consultant selected for this project chosen due to their familiarity with the poeject, immediate availability and quality of the work they have completed in the past. IV. IlVIPACT A. Strategic Impact• This activity aligns with our department's vision of recycling and/or reusing 80% of the waste stream utilizing waxer reclamation. B. Service/Delivery Impact• This will provide the proposal for the project that will provide the backbone for the reclaimed water program in the City of Meridian. The reservoir and booster station will provide pressurized reclaimed water to northwest to areas such as subdivisions, golf courses, parks and the Ten Mile Interchange landscaping. C. Fiscallmpact• Pmject Costs Consultant Agreement Time and Materials Not-to-exceed $7,500 Total Time and Materials Not-to-exceed $7,500 Project Funding Project will be funded from Reclaimed Water Booster Station and Reservoir (3590-96172) $7,500 V. ALTERNATIVES A. The City could choose to complete this work in house. This would delay the advertisement of the design build RFP several weeks due to the lack of staff time to commit to this effort. Pag¢ 2 of 3 r~ B. The City could put out as RFP to select a consultant to complete the design work followed by the pubfic bidding process to select a contractor to complete the construction. Due to the timefiames associated with this process, this would delay the completion of the construction several months and the City would have to find an alternate method to irrigate with reclaimed water next summer. VI. TIIVIE CONSTRAINTS Council's approval will allow the City to get the design build RFP for this project advertised and awarded in a timely fashion. VII. LIST OF ATTACHMENTS A. Task Order 10060A with Bmwn and Caldwell for Reclaimed Water Booster Stadon and Reservoir Project Development and Request for Proposals • Approved for Council Agenda: Tom Barry, Director of Public Works . Date Page 3 oj3 ~E IDR IAN ~J PURCHASING AGENT 33 E. Broadway Ave, Meridian ID 83642 Phone: (208)489-0417 Fax: (208) 887-4813 TASK ORDER NO.10060A B®iw®en CITY OF MERIDIAN AND BROWN AND CALDWELL This Task Order is issued by City and accepted by the Engineer pursuant to the mutual promises covenant and conditions contained in the Master Agreement between the above mentioned par4es dated December 12.2006. Reclaimed Water Booster Station and Reservoir Project Development and Request for Proposals Task Order 10000A SCOPE OF SERVICES 54-051364.001 Task 1 -Project D®finition and Request for Proposals Brown and Caldwell will develop the conceptual deflniflon of the Reclaimed Water Booster Station and Reservoir project to include in the Request for Proposals (RFP). The conceptual definition will include the reservoir tanks siting pump station hypochlorite feed system, and initial layout of facilities. Brown and Caldwell will develop the conceptual size of the reservoir tank to be Included in the description. Brown and Caldwell will assist the City with preparing the RFP for a design/build project which will include: • Introductory Information; • DesignBuild Proposal Requirements; • Contracting Requirements; • Stormwater Pollution Prevention Requirements; and • Conceptual Documents. Deliv®rabl®s ® Draft digital RFP for City review and comment. • Final digital RFP. _~ TIME OF PERFORMANCE The following presents a schedule to complete the tasks described in the scope of work. Project Definition and RFP Development ~ Draft by October 21, 2009 Final RFP Document ~ Within 3 days of receipt of City comments COMPENSATION The following table provides a summary fee estimate for the scope of services proposed in this task order. The fee estimate is based on the assumptions developed from our conversations with City staff. These assumptions are presented in the following section. Brown and Caldwell proposes conducting this work on atime-and-materials basis with~a multiplier of 3.2 applied to our direct labor rates and a 10 percent mark-up on materials and supplies used as part of this effort. Project Definition and RFP Development ~ $7,500 ASSUMPTIONS The following assumptions were made in preparation of the scope of work and fee estimate: • The cost presented in the fee table is on atime-and-materials basis, not to exceed $7,500. Should Brown and Caldwell approach the $7,500 budget for the project; we will notify the City and decide on requirements for additional funds, if needed. • Brown and Caldwell has relied on information provided by the City to prepare the technical portion of the RFP. CITY OF MERIDIAN BY: '~ TAMMY de W RD, MAYOR Dated: I~ -Z`~-~`1 Approved by City Council: ~ ~''Z'[ ~~- I BROWN AND CALDWELL Jeffrey S. Jo s fn Dated: /B/ 2?~a9 Attest: JAYCEE L. LMAN, CITY CLERK Approved to t BY: KEIT ATT , P RASING AGENT Dated: 1 ~ - l to ' ~ ` Department Approval BY: L TITLE: a.~ Dated: I®IL~ ~q MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. SQ REQUEST Task Order # 1008A with DC Engineering, Inc. for Tertiary Filter and DAFT Retrofit SCADA Programming pursuant to Master Agmt Executed on December 12, 2006 for a Not to Exceed Amount of $22,000.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: See Attached 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 Mertdlan. ~~i'~E IDIAN ~1Lb~C IDAHO ®iTorks Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, Assistant City Engineer DATE: 10/29/09 Mayor Tammy de Weerd Keith B1rd Brad Hoagtun Charles Rountree ~auld Zaremba SUBJECT: TASK ORDER 10008A FOR TERTIARY FILTER AND DAFT RETROFIT SCADA PROGI7tAM1VVlnVG L RECOMIVII;NDED ACTION A. Move to: 1. Approve Task Order 10008A with DC Engineering, Inc for the Tertiary Filter and DAFT Retrofit SCADA Progcaonming pursuant to the Master Agreement executed December 12, 2006 for snot-to-exceed cost of $22,000. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Place names, titles, and phone numbers of the Persons i'avolved in Descending Order: Tom Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 III. DESCRIPTION A. Backsround The Wastewater Division of the Public Works Department has made an effort over the last several years to automate operations at the wastewater plant and in the collection system. This has resulted in more efficient o 'ons at the Page 1 oj3 K: ~ c wastewater treatment plant and early identification of issues at the plant and in the collection system. B. Proposed Project This task order will provide programming for the Tertiary Filter and DAFT Retrofit projects in order to automate operations of those components of the wastewater treatment plant. C. Consultant Selection The consultant selected for this project chosen due to their familiarity with the projects and SCADA system at the wastewater treatrnent plant. lV. IMPACT A. Strategic ln~act: This activity aligns with our department's vision of having our information centralized and our processes streamlined and automated. B. Service/Delivery Impact: . This task order anll automate the operatton and add alarms for the Tertiary Filters and DAFT Retrofit projects at the wastewater treatment plant. It will increase the efficiency by which the plant staff identify issues at the plant and monitor plant operations. C. Fiscal Impact: Project Costs Consultant Agreement Time and Materials Not-to-exceed $22,000 Total Time and Materials Not-taexceed $22,000 Project Funding Project will be funded from WWTP Consulting (3500-55103) $22,000 V. ALTERNATIVES A. The City could choose not to approve this task order to complete the SCADA Programming for the Tertiary Filter and DAFT Retrofit projects. This would result in a lack of automation for these components of the wastewater treahnent plant and may require the addition of operators to the graveyard shift. Page 2 of 3 B. The City could put out an RFP for these services to select a consultant for the SCADA programming for the Tertiary Filter and DAFT Retrofit Projects. This maybe more costly since DC Engineering ~s familiar with these projects and has been involved in the design and office services for both jobs and would delay the task order a couple of months. VI. TIME CONSTRAINTS Council's approval will allow the wastewater trea~.ment plant to remain automated which enables the plant to be unmanned during the graveyard. shift. VII. LIST OF ATTACHMENTS A. Task Order 10008A with DC Engineering, Inc Tertiary Filter and DAFT Retrofit SCADA Programming • C7 Approved for Council Agenda: Tom Barry, Director of Public Works Date Page 3 of 3 • "P-T ~E IDI~ IAN~- ~J PURCHASING AGENT 33 E. Broadway Ave, Meridian, ID 83642 Phone: (208) 888-4433 x 417 Fax: (208) 887-4813 TASK ORDER N0.10008A Between CITY OF MERIDIAN AND DC Engineering This Task Order is issued by City and accepted by the Engineer pursuant to the mutual promises, covenant and conditions contained in the Master Agreement between the above mentioned parties dated December 12, 2006. Tertiary Filter Project SCADA Programming Task Order SCOPE OF SERVICES Project Understanding This project will include the programming of the PLC, WonderWare and SQL Server to support the Tertiary Filter Upgrade project at the Meridian Waste Water Treatment Plant. Programming will be completed as described on the P&ID's that were developed during the design phase of this project. Also included is the programming of the PLC, WonderWare and SQL Server to support the Chemical feed, and DAFT Retrof~ projects. Services Provided • Meet with plant staff to determine SCADA screen requirements. • Coordinate PLC interface with new equipment suppliers. • Complete the PLC programming as required. • Factory Acceptance test of the PLC and Remote UO Panels as required. • Complete the WonderWare and SQL Server programming. • Commissioning of the new equipment as construction is completed. • Provide SCADA training for plant staff upon completion of project. Delhrerables • Electronic copies of all PLC and WonderWare programs used for the project. • Hard copies of all PLC programs used for the project. ,.a _~ S TIME OF PERFORMANCE DC Engineering has a capable staff that can start immediately. The project is expected to be completed by May 1, 2010, however the actual completion date is dependant on the substantial completion of the Tertiary filter construction project. COMPENSATION • The project will be pertormed on time and matetial basis not to excsed $22,000 (Twenty Two Thousand Dollars). CITY OF MERIDIAN DC Engineering TAMMY de RD, MAYOR BY: Dated: ~~'a~y '~ `~`~;;~,,~~~~~~~~Dated: 10/28/09 ~j ~, Approved by City Council: 'Z ~ "~/,9''~. ,~ y '-, Attest: `` TFO ~~; JA EE HOLMAN, CITY CLERK ' o~' c ;,~~.~~ r ~s~ , ~ moo,,,.. Approved as to ntent ~''~,,9 C'p~ . ~ar6nent Approval ',''~~//ll1 r u .. rN aaNaa BY: BY: KEI A S, PU NG AGENT T1TLE t ~ i Dated: ~ (' ~ l~ ~ ~~ Dated: ~~ ~3U~o~ • November 20, 2009 Meridian City Council AZ 09-006 November 24, 2009 APPLICANT B1, LLC ITEM NO. Jr-R REQUEST FFCL for Approval -Annexation and Zoning of 5.02 acres from RUT (Ada County) to R-4 (Medium Low Density Residential) zoning district for B1 -east of Jericho Road, 1 /4 mile south of Chinden Boulevard, approximately 650 feet west of Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: See Attached Findings e~ ~o~ ~' OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Mertdlan. MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. SS REQUEST Task Order # 10127 to Master Agmt dated June 11, 2007 for Infiltration and Inflow Monitoring Engineering Svcs with Murray, Smith & Assoc. (MSA) for a Not To Exceed Amount of $23,552.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Attached Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the Cffy of Mertdtan. ~ C~%VC1E IDIAN~- Public ~~aHa Works Department TO; Mayon Taznmy tle Vlleerd Members of the City Council FROIVI: Roxanne I~Iolland, E:T.T: DATE: .November 13, 2001 Mayor Tammy de Weerd Ke~h eUd lead HoaQliu- ~~ David'Zdremba SUBJECT: TASI{ ORDER.#11):12~~ F0[t` IN~LTRATI'ON AND INFLO~+ MONITORING ENGINEERING SERVICES V~!ITH HURRAY, SMITH & ASSaCIA'I`ES,,INC. FOR A NOT TO EXCEED AMOUNT OF $23,SS2QiJ [N ACCORDANCE VfITH'THE MASTER AGREEMENT FOR PR()kFGSSIUIVAL SERVICES DATED .IIJNE x,.2007 11 I. REC~31ti1MENDED Ac rlQ~v A. 1Vloue to: 1, Approve Task Order i~] O 1 ~7 with Murray, Smith & associates, [nc. (MSA) for the Infiltration and Inflow 1Vloraitoring Engineering Services in an. amount not to exceed $23;552.00; and. 2. Authorize the Mayor to sign. the Agreement. II. DEPA:RTIYIEI'~'T CONTACT PERSONS Torn Harry, I)irectorofPublic Works 489-0372 Warren. Stewart, PW Engineering. Manager 489-0354 Clitwt Dolsby, Asst. City Engineer 489-0341 Roxanne Holland, Staff Engineer (Pmject.,h-Ianager) 489-0347 III. DESCRIPTION A. Bac1i<gr~ound In March 2009 City Council approved task order #10006 with MSA for On-Call Collection System: Eri~ineering Services. The services in the task order included P4rge 1 aJ 3 a flow monttortn~ ~1an for spriug:.r~fall +events in 2(109. Data collected fmm .the flow monitoring can be used in ihdentifying areas of infxttration and inflow (UI} and in the eali~ration of a future. sewer model. B. Prouosed ]?roiect The promised #ssk order #1x127 with M5A will continue flow monitoring efforts for Fa1120Q9 rainfall events. 'T`ile. eotitinuaticm. of flow u~omtoring wilt identify more areas of UI and will: facilitate a- accurate calibration of the future sower model. MSA will also make recommendations for the rehalxiltaten or replacement of pipelines to .help reduce the UI rates- in order to stay within the City's permitted 7 MGD limit on discharges. at the WIxV`I'P. C. Consuitant Selection NSSA leas supported °the City'"s collection: system impraveinent efforts since 2Q~5. The Engineers at MSA have. extensive knowledge of flow monitoring, ir~filtration/infTaw and rehabilitation rnetlzods, which e~ampelled Public 1Norks to continuE°working witlw:il~I~A for°the UI study e#forts. IV. tiMPAC~' A. Strategic Impacts Th1S ro'ee B p J._ t upports the Public Wanks ,Mission and Vision for strategic growth. The identification of areas of infiltration -and itrflow is responsive;, :innovative; and opportunistic in planning for grov-th and. increases :operational efTiciencies by establistiing a plan to reduce the UT to comply with current'NPDES limits df 7 MAD at the WWTP: B. gervice~Delivery-Impact:- The identificeti+Etn afaddtional itifltr~ti4n and frrftow areas wi11 htip flan for the rehabilitation or reprlac~ment of pipeliit~ and cnanhtzlea -which will =-reduce tiro: rate cif UI -ir, order to stay below the>percnitte~ #low rate o€ 71VIiv`irT3 at the and. allow the City of MBMdian to serve more custmners withot[t exc3eediirg permitted flaw rates. C. Fiscal ct; Project Costs Consultant ~4gree~rnent ,$23,5'52 Projeet `Contingency 1 l g Total $24,734 Project Funding WW Consulting (60-350('1-55103) $2,730 Page ~ af: 3' • V. .ALTERNATIVES A. 'The City could .defet' this flow tnortitvriitg ef~'art and use only spring rainfall er~euts in the planping of system rehabilitation and the development of the future sewer model:. This alternative wrnuld limit the ability to identify new areas of U[ and lessen the accurracy in the calibt~tion of the future sewer model. $• VV~VTP Staff Gould perforna -the flow rnvnitoring and Engineering could analyze the data to develop a plan to reduce UI and incorporate the .data into the future sewer model and develop a .plan. to reduce I/I. This alternative vwould xeq~uire i~TF staff to take considerable tune fi~am other st~heduled. collections systerti maintenance such as -CCTV- and ,cleaning of pipeli~s. Consultants: have specific expertise its flaw monitoring dada. analysis and: have additional re~~rrces to complete tlte~ project in a significantly shorter time frame. Vl: TIi1!lE COri[STRAI111'l'S Council's approval will allow flaw rno~ritoxing:to occur during fall rainfall events to magirni~e the .ability to indendfy areas of UI. Once the flova monitoring.. is comgleted,'the data collected will be used to develop-:a plan to reduce UI and allarv stall' to plan for rrehabiiital~fln projects, The data. callectsd will also be used to calil,~rate a anew sewer model under a separate contract beginning in early 2010. VIL LTSfi OF AT`FACHIV.~NTS A. Consultant Agreement (2 cbpies~ Approved' for Council agenda; • `~ D e Page 3 of 3 EXIIIBlT A TASK ORD't 1'~tO. l~1t27 I/1 MONIT~RINOEN~INEERI(N~~~ER'ti?`ICES CITY OF MERIDi~.N This Scope of Services is for Professional Servici~s .betwe~ Murray,. Smith & Associates Inc. (MSA) and the City of Meridian,. Idaho. Services authorized by this Task C?rder No.101.27 shall be for professional engineering services in support of the City`s Collection System. The terms of this Task Order sha11 be in aceoidance with the Ivt~A It~iaster ~gr~ment for Professional Services dated June ,~; 2009. tl BA~CIKGKOUND Over the past several months MSA 'has been evaluating historical collection system flow monitoring data in addition to information-collected in the spring of~~009 to identi€Ir both the magni-fade and location of itzf ltration and inflow in the system. Additional flow monitoring in the fall of 2009 has been completed in order to denti#~ inftltration related impacts. This task order will be for ser~-ices..provided between Septetber l S~' and November 1 ~ a5 verbally authorized by City staff, and estimated work throttgh_ the cud 6f 2009. SCOPE OF SERVIEC]~S The following tasks are included in this scope of work; 1. Collection and Evaluation of Fall 2009 Flow Monitoring Data Task 1-Collection and Evalustlan of Felt X009 Blow l+k~ienixorin~.Dsts In early September 20(39 MSA, working. with City OdcM staff identified and installed four (4) flaw meters. for tine evaluation of irrigation oa>1a1 intiuc~d infiltration, VISA will be responsible for the maintenance and downloading of the data for those meters. 1~1SA properses Yo -leave those titefers in place uetl it~tppears that the flow :lies reached a "base flow" condition when reviewing data from the Viers .and at the I~VVTP {thmttgh the .end of the year. Previous contracts. provide fbr adequate budget to rttaintain the meters through tx-id September, T11is task provides for additional budget to maintain and download the teeters through the fall of 20ft9 and 'for the evaluation of the data. Assu~xptons: City staff will reritovc the flow teeters in late December as requested by MSA. Eight ($~ hours of time has been-assumed for sixteen: weeks-duration :for-one staff for the maintenance and downloading of fine data. This scope assutttes City sttfiff are<only available to assist MSA under emergency conditions, such as tl>E failure of equipment. MSA will utilize a :subcontractor as needed for confined space entry+.re~}uirements for the gulag maintenance-:and downloadingof the meters: This scope and. budget includes ttp~to $3;OUfi fwr the use of the confined space entry subconsultant, Deliverables: Technical memorandum docu;inentittg the fow (4J inflltcaition focused flow rrteter locations collected in the fall of 2009 snd recommendations for 201 a infiltratitnt monitoring and Meridian, !D MU1tItAY, SMITH & AiSSOCIATES, INC. Collection .System November 2U09 Enginee~lena~rs 1 potentially the recommendation for the rehabilitation of replacement of pipelines in the monitored area. A CD containing all collected flow manitotirig data t+vill be provided to the City at the conclusion of the project. BUDGET The overall Not-to-Exceed Budget for this scope vf+uvork rs $23.,352.- The work. a+ill be .billed on a time. and expenses basis. MSA staff billing rates will be ~udjusted annually. The total budget;:for this Task. Order shall oat be exceeded without written authorization. If additional tasi~s are requested. beyond the, initial budget allocation, MSA willprovide atask- specific scope and budget for each, support regltast~ from the City.. The. City will; provide email or harticopy authorization to MSA: to proceed based on the scope and budget provided, Assumptions, deliverables, schednles,;and data requests-will be outlined in each tas1~>speafic scope. Table:l ,Labor Hours antcl. Total Fro;~ect Costs • _. Task Number Labor Sabeoasultant Total IFI~!ars & Expenses Cost Task 1 - Goile¢tloe .and evaluation of faU 20@9 flaw monltorln data 163 $3,5.00 $23,552 Fr'oject'I'otals 163 $3sS00 $~355~ TIME OE PERF4RIVIANCE • The completion date from Authorization to Proceed for this Task Order is through calendar year 2009. MSA will make every effort to comp4ete the: work in a timely manner, however, it is agreed that 1NSA cannot'be respottsihle for delaysoceasioned by €actvrs beyond its ~ntrol, nvr by factors that could not. reasonably have been ~forese~: at the time this Task Order was executed, Meridian,lD MURRAY, SMITI3 & ASSOCIATES, INC. Collection System November 2009 Engirreers/Piammrs ~ •. ~~ r y///~f ^T/ a%~~C~~~ ``\\\\11111 t...... Tammy de Mayor .~`~~y ~ ®j ''•.. Date: Attest r _ ~ _ n/~ 0 .. -1 ~E~ _ Jaycee I~6.1,mla~, City Clerk Date: l ~ -d'~ lic W ks Date: l I ~ (3l U~ g Date: ~~ - 2?~ - d l 9~ 9o T ~~ ,~ ~`,,,. ''~~~~~ rrrrnn\~\\\~\~~``` Approved by City Council: -o?y' ~ Murray, Smith & Associates Inc. sy: Title: ~ CA.1(~C~G ~ no- Pf ~ ~ Uu~ Date: =I I~~ b ~ • Meridian, ID HURRAY, SMITH & ASSQCIATES, INC. Collection System November 2009 Engineen3/Planners 3 MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. 5T REQUEST Development Agreement:AZ 08-001 Request for Annexation and Zoning of 9.06 acres from RUT and R1 Zoning Districts in Ada County to the C-G Zoning District for Overland Village by Cameron S-Sixteen Retail LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Attached Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the C(ty of Meridian. A90~($EE IOAHD 1?J6'IfQ9 014 PMD NAVARRO AMOl1Nf .d0 11 oEPU~r u,~ e~ III IIUIIIIIIIIIIIIIIIIIIIIIIIIIII111 RECOROEO-REQUEST OF 10913417 Idetldlen qty DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Cameron S-Sixteen Retail, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of 2009, by and between City of Meridian, a municipal corporation of the S to of Idaho, hereinafter called City, and Cameron 5-Sixteen Retail, LLC, 755 W. Front Street, Ste. 300, Boise, Idaho 83702, hereinafter called Owner/Developer. 1. RECITALS: 1.1 WHEREAS, Owner/Developer are the sole owners, in law and/or equity, of certain txact of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-SB-3 of the Unified Development Code("UDC', which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property, requesting a designation of C- G (General Retail and Service Commercial) (Municipal Code of the City of Meridian) under the UDC and generally describing how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001) PAGE 1 OF 11 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS, on the 17~' day of February, 2009, the City Council has approved Findings of Fact and Conclusions of Law and Decision and Order (the Findings), which have been incorporated into the text of this Agreement; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Properly is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001} PAGE 2 OF 11 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Cameron S-Sixteen Retail, LLC, 755 W. Front Street, Ste. 300, Boise, Idaho 83702, the party that owns and is developing said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re-zoned C-G (General Retail and Service Commercial). 4. USES PERNIITI'ED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed in the approved C-G zone under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY: 5.1. tJwner/Developer shall develop the Property in accordance with the following special conditions: 1. All future development of the Property shall comply with City of Meridian ordinances in effect at the time of development. 2. The site and buildings on the site shall comply with all of the design review standards listed in the UDC. A Design Review application shall be submitted with the CUP or CZC application (whichever occurs first) for all future buildings on this site. 3. The detailed site plan and building elevations submitted with any CUPand/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit "B" and with the requirements of this Agreement. Upon build-out, the development shall include a minimum of 2 and a maximum of 4 buildings on this site. No footprint for a single building shall exceed 20,000 square feet. Further, no building shall exceed 4 stories in height, with a maximum height of 65 feet. DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001) PAGE 3 OF 11 4. Owner/Developershall be responsible for all costs associated with sewer and water service installation, subject to any latecomer's reimbursement as allowed by City Code. 5. Any drive-thru establishment proposed on the site shall be subject to Conditional Use Permit approval. 6. Direct access to/from this site from Eagle Road shall be prohibited. Access to the site shall be provided from one full access point to/from Overland Road via S. Beckham Way and one right-in access point to the site from Overland Road, as depicted on the conceptual site plan. The Beckham Way access may be limited to right-in/right-out only in the future. 7. Prior to the first occupancy permit being granted, a minimum 35-foot wide landscape buffer will be required and shall be constructed along the entire frontage of E. Overland Road and S. Eagle Road, in accordance with UDC 11-3B-7. 8. A minimum 10-foot wide landscape buffer will be required and shall be constructed along the entire frontage of S.Beckham Way in accordance with UDC 11-3B-7 and as shown on the approved site plan in Exhibit B. 9. Prior to the first occupancy permit being granted, a 10-foot wide multi-use pathway will be required on this property in accordance with the Master Pathways Plan. Said pathway should connect to the Eagle/Overland intersection and the relocated Rackham/Overlandinterwction, and continue to the east. Exact location of the pathway shall be coordinated with the Parks Department. Owner/Developer shall provide written documentation from the Parks Department with the first CZC application, approving the pathway design and location. 10. If not existing, sidewalks shall be constructed along S. Eagle Road, E. Overland Road and S. Beckham Way. 11. In lieu of providing a stub street from Rackham Way to the west easement boundary of the Eight Mile Creek, Owner/Developer shall be required to dedicate property (equal to the area originally proposed for a stub street) to ACRD for possible expansion of the park and ride lot if ACRD determines, within 6 months of approval of the DA by City Council, that this property will be beneficial to expand the park and ride facility and will be used for those purposes. If ACRD determines that the property is not needed, then the applicant has no obligation. The applicant shall submit a letter from ACRD of their final determination on this matter within this six month period. 12. Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Departrnent prior to commencement of the work. DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001) PAGE 4 OF 11 13. The Five Mile Creek, which runs along the north boundary, and the Eight Mile Creek, which runs along the east and north boundaries of this property shall be protected through the development process, in accordance with the Comprehensive Plan. Improvements along the creeks are encouraged as development amenities. 14.Owner/Developer shall work with ACRD to vacate the existing Rackham Way right-of--way and relocate any utilities accordingly. 1 S. Owner/Developer shall complete all required improvements prior to obtaining a Certificate of Occupancy for any new use or change in use of the site. 16. No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with UDC 11-3D. 17. All future construction/uses on this site should comply with the provisions of City Code in effect at the time of submittal. 18. In an effort to ensure emergency access to the site, Owner/Developershall be required to complete the following, prior to occupancy of any structure on the site: 1) Install a "Do Not Block Intersection" sign with a flashing beacon within the street buffer at the Beckham Way/Overland Road intersection. The flashing beacon will be coordinated with the Overland/Eagle intersection through an Opticom device, and will only flash when activated by emergency service providers. When an additional access is constructed east of Rackham Way that will also serve this site, the beacon may be removed; and 2) Paint "Keep Clear" on the pavement on Overland Road at the same intersection. 19.Owner/Developer shall pay a proportionate share of the cost of construction of a vehicular connection (bridge) across the Five Mile Creek in the amount of $34,141.80 based on the calculations shown in Exhibit "C". A surety, without a sunset clause, in a form acceptable to the City Attorney shall be submitted prior to the first Certificate of Zoning Compliance being issued for the Property. 20.Owner/Developer shall provide a stub street or drive aisle to the east on the Property, near Pad C on the narrow section of the Eight Mile Creek, within the cross-access range shown on Exhibit "B". The bridge connection over the creek is not required to be constructed by the Owner/Developer. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement must be fully signed and notarized within one (1) year after the daze of the Findings or it is null and void. DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001) PAGE 5 OF 11 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreemem in connection with the Property shall constitute default under this Agreement. 7.2 Notice and Cnre Period. In the event ofOwner/Developer's default of this Agreement, Owner/Developershah have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developerspall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Own~r/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owaer/Developer or City is delayed for causes that aze beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similaz causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither baz any other rights or DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001) PAGE 6 OF 11 remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. REQUIREMENT FOR RECORDATIpN: City shall record this Agreement, including all of the Exhibits, at Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, City shall execute and record an appropriate instrument of release of this Agreement. 9. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10. SURETY OF PERFORMANCE: Subject to the limitation set forth elsewhere in this Agreement, City may require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC to insure that installation of the improvements that Owner/Developer agrees to provide. 11. CERTIFICATE OF OCCUPANCY: The Owner/Developeragreesthat no Certificates of Occupancy will be issued until all improvements (but not necessarily all buildings intended for the site) are completed, unless the City and Owner/Developer has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 12. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 13. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: City Clerk Cameron S-Sixteen Retail, LLC City of Meridian 755 West Front Street, Ste. 300 33 E. Broadway Ave. Boise, ID 83702 Meridian, ID 83642 with copy to: DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-0O1) PAGE 7 OF 11 City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Gary Allen Givens Pursley LLP 601 West Bannock Street Boise, ID 83702 13.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 14. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 15. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 16. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of OwnerlDeveloper, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 17. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 18. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action or proceeding. DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001) PAGE 8 OF 11 19. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there aze no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the usesand/or conditions governing re-zoning of the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [End of text; Signatures with Acknowledgements and Exhibits A-C follow.] DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001) PAGE 4 OF 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEYELOPER: RON S- ~TXTEEN TAIL L L C «G ~ sy: i ,~~~~~c'~ °F ~qy .~ .~ .. ~~ ~ ~~ ATTEST: ~~'%9~ ~T ts'~ • Q~ ~~ Jaycee L. Holman, City Clerk OF MERIDIAN P de Weerd DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001) PAGE 10 OF 11 STATE OF IDAHO, ) ): ss County of Ada, ) On this ~t~" day of v~~- 2(}09, before me, the undersigned, a Notary Public in and for said State, personally appeared l~e.~k ~ ~ cR.--s /~ ti . known or identified to me to be the ,(~,QS,~ .~..~e ,~ameron S-Sixteen Retail, LLC, and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written. ,,,~~lllll/1//CAI ~~ S. Vp ie ~. ., (SEAL) ~~` `'\N'~•""'t'~,'~i ~;~ ~pTARy si ? a~® ss ~%, PUBL~~' d~ ~s~~ ~' f AO A AeO ~~e~e o Public f aho Residing at: ra- My Commission Expires: ~, z s- zv ~ 3 STATE OF IDAHO ) ss County of Ada ) On this ~{~ day of ~(rvesr,be~r , 2009, before me, a Notary Public, personally appeazed Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~.. tary Publi or Idaho R siding at• i~u nw ~~Q,ho Commission expires: J0. n 4 _ ~o ~ ¢ DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ OS-001) PAGE 11 OF 11 ~°FME~'~' ~~E IDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND ~ ~'~ ~ ~ DECLSION & ORDER In the Matter of Annexation and Zoning of 9.06 Acres from the RUT and Rl (Ada County) Zoning Distrficts to the C-G (General Retail and Service Commerdal) Zoning District; and Vacation of the E~sting Right-of-Way of 5. Beckham Way, by Relo Development. Case No(s). AZ'08-001 &VAC-08-001 For the City Council Hearing Dates of: August 5, September 2, and 23, October 28, and December 2, 2008. (Findings on the February 17, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 2, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 2, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 2, 2008, incorporated by reference} 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 2, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I:C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CI1Y OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-001 & VAC-08-001 -1- 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal I?escription and Development Agreement provisions in the attached Staff Report for the hearing date of September 2, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the applicarion. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation and Zoning request as evidenced by having submitted the legal description and exhibit map stamped and dated December 20, 2007, by 7e8rey H. McAllister, PLS, is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject annexation and shall include the provisions noted in the attached Staff Report for the hearing date of September 2, 2008, incorporated by reference. 3. The applicant's request to vacate the existing right-of-way for S. Beckham Way is hereby approved subject to ACI-ID's approval. D. Attached: Staff Report for the hearing date of September 2, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-001 & VAC-08-001 _ 2 _ B ction of the City Council at its regular meeting held on the ~ day of `~' 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCII, MEMBER BRAD HOAGLUN VOTED COUNCII, MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (Z`IE BREAKER) \``\`~~OF~~r~Tammy de Weerd •~` ~l 1)j~~''% Attest: `,.~`~~'~~r 9y'%,, aycee Ho City Clem 9 Copy served upon Applicant, Public Works Deparkment and City Attorney. By: ~.~d~QM-GTE rt/K. Dated• ~"~ City Clerk's Office CITY OF MERIDIAN FINDIIVGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-0B-0OI &VAC-08-001 - 3 - CITY OF MERIDIAN PLANNINQ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 STAFF REPORT HEARING DATE: September 2, 2008 E IDIAN-~- TO: Mayor & City Council ~ ~ A ~ ~ FROM: Sonya Wafters, Associate City Planner (208) 8845533 SUBJECT: Overland Village • AZ~08-001 Annexation and Zoning of 9.06 acres from the RUT and Rl (Ada Couaty) zoning districts to the C-G (General Retail and Service Commercial) zoning district • VAC-08-001 Vacation of the existing right-of-way of S. Beckham Way Since the time this application was ordgdnadly scheduled to be heard by the Commassion on February 21s; the concept plan has been revised several times due to emergency access issues to the site. The sta$ report has been revised to reflect the latest concept plan that is included in Exhibit A. ACFID has also agreed to work with the Fire Department to ensure adequate emergency response to this site (see defter from ACFID in Exhibit B). As of the print date of this report, the Fire Department has not yet submitted comments on the revised plan and ACFD~'s defter. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Relo Development, has requested Annexation and Zoning (AZ) approval of 9.06 acres from the RUT and Rl (Ada. County) zoning districts to the C-G (General Retail & Service Commercial District) zoning district. Concurrently, the applicant is requesting to vacate the existing right-of--way of S. Beckham Way. The subject property is located on the northeast corner of E. Overland Road and S. Eagle Road, in the southwest''/a of Section 16, Township 3 North, Range 1 East, B.M. The subject property is within the City's Area of Impact and Urban Service Planning Area. Approval of the subject AZ application would allow the applicant to obtain a commercial zone and develop the property with retail, office and restaiuant asses in the future. The Applicant has not submitted a subdivision application at this time but intends do so at a later date. However, the Applicant has submitted a concept plan for how the subject property may develop, and elevations for what the future buildings will look like. Staffhas reviewed both the concept plan and the elevations and has included Development Agreement provisions in the staff report related to the submitted applications (AZ and VAC). Approval of the subject VAC application to vacate the existing S. Beckham Way right-of--way would allow the applicant to do a land swap with ACHD and to reconstruct Beckham Way to Overland Road further to the east. 2. SUMMARY RECONIlV[IIVDATION The subject AZ & VAC applications were submitted to the Planning Department for concurrent review. Per UDC 11-SA 2, the Planning & Zoning Commission is required to make a recommendation to the Conncaii on the AZ application; the Commission is not repaired to make a recommendation on the VAC application. However, the Commission may review and make comme~s on the VAC application, as this application i8 significant to the proposed development of this property. Any comments related to the subject applications (AZ-08-0Ol & VAC-08-001) will be included in the Commission's recommendation to the Council. Staff is Overland Village AZ-UB-001 & VAC-OS-001 p~ I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 recommending approval of the Overland Village appLtcation (AZ-08-001 & VAC-08-0O1) with a Development Agreeme~ for the project. The Meridian Planning & Zoning Commission heard this item (AZ) on Febraary 21. March 20. Mav 1 & 15. and June 5.2008. At the pablic hearins on Jane 5.2008 they moved to recommend approval of the snbiect AZ request. a. Summary of Commission Pablic Hearing: i. In favor: Tamara Thompson. Gary Allen ii. Yn opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presentine applicaflon: Sonya Wafters vi. Other staff commentine on appHcstion: Joe Silva b. Key Issue(s) of Discussion by Commission: i. Necessity of a bridge across the Eight Mile Creek to provide connectivity to/from the parcel to the east• ii. Disproportionate share of the cost of a bridge for the subiect property in comparison to larger adiace~ properties: iii. Possibility of putting a sunset elapse on the road tract for the cost of constracdng a bridge across the 8 M~1e Creek in the eves the property to the east doesn't develop within a certain time period• G Kev Commission Change(s) to Staff Recommendation: i. Modify Developme~ Agreement provision #c to allow buildings ap to 4 stories in height (instead of 31 ap to 65 feet (see pane 101. d. Outstanding Issue(s) for Citv Coandl: i. If Connatl supports the Commission's recommendation to allow bm'idings up to 4 stories in height ap to 65 feet, the Caandl may wad to see revised banding elevations (only 1-2 storm are currendv shown on the elevations sabmitted). ~ Summary of Citv Council Pablic Hearing: in favor: C~rv Allen~Joe-Burton inonposition• None jii, o m I1ti~Q: Christie Little ~ Written testimony: None y c_ ff nresen 'n ann ication: Anna Ca Wing: Pete Friedman: Silva: C iLnt on an~caiion: Bill Johnson: Teff Lavev: Joe tither staff' commendn~r _ . olsbv ~ Kev Issn~ o Discussion by Connell: ~ Citn and afro ree homed comply wPit_h new design igtand rd not vet in effect' Aow the yerflow n~kinn from the A® nark and ride lot w~i 11 effect this site: . _ ., ~ . ~- ~p' Possib ity of nv flood elevation issues associated h he e~ 'n lvert north of ~ The adeana of emergency across to the site: th need for three aces points if afro res are over 30 feet in heighh y Relocatio of the stub street to he east for a future co nedion over he Eig IVLile Creek further to he sow: ~ The applicant should nay a nronortionate~hare oftheso 0 (bridge) across the Eight NLe Creek: OvedaadVillage AZ-08-001 & VAC-08-001 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 3. PROPOSID MOTION Approval After considering all Sta$ Applicant, and public testimony, I move to appmve File Number A7r08- 001 (and VAC-08-001) as presented in the staff report for the hearing date of September 2, 2008, with the following modifications to the proposed development agreement: (add any pmpased modifications) Denial Overland Village AZ-08-0Ol & VAC-08-001 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 After considering all Staff, Applicant, and public testimony, I move to deny File Number AZ-08-0OI (and VAC-0B-0Ol) as presented during the public hearing on September 2, 2008, for the following reasons: (you should state specific reasons for denial of the annexation request) Contnnaance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers AZ-0B- 001 (and VAC-08-0O1) to the hearing date of (insert continued hearing date here) for the following reasons}: (you should state sp~ific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address2ocation: 3330 E. Overland Road (Parcel #'s: S1116336421, 51116336403, S1116336453) Northeast corner of E. Overland Road and S. Eagle Road Southwest''/a of Section 16, Township 3 North, Range 1 East b. Property Owner of Record: Cameron S-Sixteen Retail, LLC 755 W. Front Street, Ste. 300 Boise, Idaho 83702 c. Applicant: Belo Development 16679 N. 90s' Street, Ste. 100 Scottsdale, AZ 85260 d. Representative: Tamara Thompson, Landmark Development Group 2462 Sunshine Drive Boise, ID 83712 e. Present Zoning: RUT & Rl (Ada County) f. Present Comprehensive Plan Designation: Mixed Use -Regional g. Description of Applicant's Request: The Applicant is requesting approval for Amiexation and Zoning of 9.06 acres from the RUT and Rl (Ada County) zoning districts to the C-G zoning district for future retail and restaurant uses. The Applicant is also requesting approval to vacate S. Beckham Way in order to do a land swap with ACpID and reconstruct Rackham Way further to the east. h. Applicant's Statement /Justification: The Applicant's narrative states, "It is our intent to obtain general project approval through Planning and Zoning and City Council and to work with City staff on the planning and construction details. A preliminary and final plat will be processed at a later date. Both a proposed conceptual site plan and conceptual elevations are included with these applications °' (See Applicant's narrative for more information.) 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. Overland Village AZ-08-0O 1 & VAC-08-001 page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOA THE HEARING DATE OF SEPTEMBER 2, 2008 b. The subject application will, in fact, constitute a vacation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public meeting is required before the City Council on this matter. b. Newspaper notifications published on: February 4, 2008 and February 18, 2008 (Commission); AnRast 18. and 25.2008 (City Conndll c. Radius notices mailed to properties within 300 feet on: July 18, 2008 (Commission); Ansast 8. 2008 (City Conncill d. Applicant posted notice on site by: February 19, 2008 (Commission); Aneast 19.2008 (Gifu Coon ' 6. LAND USE a. Existing Land Use(s): The site is currently vacant except for an ACfID park and ride parking lot on the northern portion of the annexation area. The park and ride lot is promised to remain. b. Description of Character of Surrounding Area: This property is located on the corner of a highly- trafficked intersection with existing commercial developments on the other three corners of the intersection. There is an existing residence and vacant land to the north of this site and an existing abandoned residence and land to the east of this site. All of the area immediately surrounding this property is zoned commercially. c. Adjacent Land Use and Zoning: North: Rural residential property, zoned C-G South: Commercial property (Silverstone Subdivision), zoned C-C East: Vacant land, zoned C-G West: Commercial property (Dorado Subdivision), zoned C-G d. History of Previous Actions: None e. Existing Constzaints and Opportunities: 1. Public Works Location of sewer. There is currently a sewer stub from East Overland road to the property line of 3376 E Overland Rd and a manhole located in S Rackham Way. Location of water: There is cuirerrtly water stubbed off of East Overland road. Two Water connections will be required due to fire flow requirements. Issues or concerns: None. 2. Vegetation: There are no existing trees on the subject property. 3. Floodplain: A portion of this site along the northern boundary of the annexation area is located within the floodway (this area is not included in the concept plan). A large portion of the north half of this site is also located within the 100 year aad 500 .year floodplains, in flood zones AE and X5, respectively. 4. CanalsJDitches/lirigation: The Five Mile Creek runs along the north boundary and the Eight Mile Creek runs along the east and north boundaries of this property. A goal of the Comprehensive Plan is for these creeks be protected and improved throughout commercial areas. 5. Hazards: Planning Staff is not aware of any potential hazards on this site. 6. Proposed Zoning. C-G Overland Village AZ-08-001 &VAC-08-001 p~ g CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 7. Size of Property: 9.06 acres (annexation area) f. Summary of Proposed Streets and/or Access: Although no development is proposed at this time, the conceptual development plan submitted with this application shows one right-ia only driveway access from E. Overland Road, classified as a principal arterial roadway, approximately 262 feet east of the Overland/Eagle intersection where the existing Beckham Way is located. A full-access street is pno~sed to/from Overland Road approximately 518 feet east of the Overland/Eagle intersection where Rackham Way is proposed to be relocated. No access is proposed or approved to/from Eagle Road ACRD Staff is supportive of the right-in access to the site from Overland closest to the Overland/Eagle intersection and the relocation of Beckham Way as afull-access street to the site further to the east as proposed (See sta, fJ"s analysis of proposed streets and access points to the site in Section 1 D below.) g. Landscaping: 1. Width of street buffer(s): Per City Code ([JDC Table 11-2B-3), a 35-foot wide landscape street buffer is r~rtired adjacent to E. Overland Road and S. Eagle Road, both classified arterial streets and entryway corridors. A 10-foot wide landscape street buffer is required adjacent to S. Beckham Way, a local street. 2. Width of buffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 25-foot wide landscape buffer is required between C-G zoned properties and residential uses. However, there are no residential uses that directly abut the site. 7. CONIlVIENTS MEETING On February 1, 2008, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Pazks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exln'bit B. However, because this request is only for annexation, comments are for informational purposes only. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Regional (MU-R):' Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub-categories. "Generally, the mixed use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual site plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The MU R category allows for residential densities of 3 to 40 units per acre. This category includes uses such as grocery storex, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, professional offices, retail/gif~ shops, clothing stores, garden centers, restaurants, banks, drive-thru facilities, auto service stations, department stores, medicaUdental clinics, schools, pazks, churches, public uses, clubhouses, hardwaze stores, salons, daycares, entertainment uses, major employment centers, and clean industry. Per the Comprehensive Plan, a mixed use project shall include a principal use (retail, office, professional, or residential) and at least one other type of land use. Exceptions may be granted fivm smaller sites on a case by case basis. This site is only proposing one type of u~ (retaiUrestaurant). Because of the size of the site and it's proximity to a very busy intersection, staff does not believe that an additional type of use should be required in this rase and that the proposed use of the property is the most appropriate. The applicant is proposing a commercial zone (C-G), which complies with the MU R land use designation and has submitted a conceptual site plan. Staff finds that the firiiue commercial use of the Overland Village AZ-08-001 & VAC-OS-oQl Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 property for retail and restaurant type uses generally conforms to the stated purpose, iirterrt, and standards of the MU-R land use category within the Comprehensive Plan. Staff finds the following Comprehensive Play policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal 1V, Objective D, Action 2 -"Restrict curb cuts and access points on collectors and arterial streets." Both Eagle Road and Overland Road are designated principal arterials On the submitted conceptual site plan, the Applicant is proposing one right-in access point to the site from Overland Road and one full-access point to/from Overland Road where Rackham Way is proposed to be relocated further to the east. ACID has approved the location of the two proposed access points. No access is proposed or approved to Eagle Road. • Chapter VII, Goal ]V, Objective D, Action 4 -"Require appropriate landscape and buffer, along transportation corridors (setback, vegetation, low walls, berms, etc.)" Overland Road and Eagle Road are both classified as arterial streets and are designated as entryway corridors to the City. By City Ordinance, a 3S foot wide landscape bu,~`er is required adjacent to Overland Road and Eagle Road. A 1 ~-foot wide bu, f~er is required adjacent to S. Rackham Way, a local street. • Chapter V, Goal III, Objective D, Action 5 -"Require all commercial businesses to install and maintain landscaping." The Applicant as not specifically proposing to install any landscaping with the subject annexation application as no development is proposed at this time. Upon development of this site, the Applicant will be required to construct internal and perimeter landscaping. Said landscaping must be installed prior to Cer~ifacate of Occupancy of buildings proposed on this site. • Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of final approval and development is colrtiguous to the City." This property is contiguous to the City and sanitary sewer and water are readily available. • Chapter VII, Goal 1, Objective B -"Plan for a variety of commercial and retail opportunities within the Impact Area: ' Sta,~' believes that the proposed zone, which allows for a variety of commercial and retail uses, does contribute to the variety of uses in this area which include: offices, restaurants, retail stores, coffee shops, etc. • Chapter V, Goal I, Objective A, Action 11- "Improve and pmtect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas: ' The Five Mile Creek runs along the north boundary and the Eight Mile Creek runs along the east and north boundaries of this properly. Stafj'is including a provision in the Development Agreement that the applicant protect these creeks as part of the development of this site. Sta, f~`' would encourage the applicant to improve the area adjacent to the creeks as a development amenity. OveAand Village AZ-08-001 &VAC-08-001 pag6 ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 Staff finds that the proposed toning w C-G is harmonious wdth and in accordanee with the Comprehensive Plan. Stn, ff'recommends the the Conznadsslon and Council rely on Sta~"s analysis, other agency/depardnent commence, and any other comments received regarding the appropriateness of zoning this site for recall and restaurant uses 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. Retail stores and restaurants, among other uses, are listed as principal permitted uses in the C-G zone. b. Propose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial stcuchues accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Applicatlon: The applicant is requesting annexation and zoning of 9.06 acres from RUT & Rl in Ada County to C-G. Approval of the AZ application would allow the Applicant to obtain a commercial (C-G) zoning designation for the subject property and develop the ProP~3' with retail and restaurant uses in the future. According to current City Code, retail stores and restaurants, among other uses, are principal permitted uses in the proposed C-G zone. The Comprehensive Plan Future Land Use Map designation for this property is Mixed Use - Regional. The applicant is proposing a commercial zone (C-G), which complies with the land use designation for this property. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed concept plan and uses with the UDC for the C-G zone, Staff believes that the zoning of this site to C-G is in the best interest of the City. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (stamped 12/20107, by Jeffrey McAllister, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Conceptual Site Plan: Since the time of application submittal, the applicant has submitted a revised conceptual development plan for this site (prepared by Robert Kubicek, dated 5/28/08, included in Exhibit A) showing how this site will redevelop with one 10,000 square foot multi-tenant building (depicted as "Shops A'~, one 14,820 square foot building (depicted as "Major A'~, and one 4,000 square foot building (depicted as "Pad C'~. A drive-thru window is depicted on each of the buildings; drives thru facilities within 300 feet of each other require separate CUP approval. Parking and access points to the site are also depicted. An existing ACfID pazk and ride lot is also shown at the northern boundary of the site that is proposed to remain. Staff is generally supportive of the submitted conceptual site plan for this ProP~Y with the comments stated below. All parking stalls, drive aisles, landscaping, street buffers, sidewalks, lighting, sigoage, building height and building setbacks for this site should comply with the applicable provisions and dimensional standards set forth in the Unified Development Code for the C-G zone and Design Review criteria listed in UDC 11-3A 19C. Overland Village AZ-OS-001 &VAC-08-001 Page 8 CITY OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEIIRBER 2, 2008 Design Standards: Because this site is located adjacent to Eagle and Overland Roads, both entryway corridors, the site and future buildings on the site are required to comply with the design standards listed in UDC 11-3A-19C. An appflcation for Design Review approval shaIl be submitted with future CUP and/or CZC applications for aII buildings on this site. Building Elevations: Conceptual building elevations were submitted with this application (prepared by Robert Kubicek, dated 1/15/08, included in Exhibit A) showing how future buildings on the site maybe construct. As stated above, all firture buildings are required to comply with the design standards listed in UDC 11-3A-19. Staff has performed a cursory review of the elevations and find they appear to meet the current design review standards. A detailed review of buildings on this site for compliance with all of the design review standards will occur with firture CUP and/or CZC applications for buildings on this site. NOTE.• The applicant will be required to comply with the design review standards in affect at the time of CUPand/or CZC submittal. The detailed site plan and building elevations submitted with any CUP and/or CZC/DR application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of this staff report, and with the requirements of the subject Development Agreement, and the design review requirements of the UDC. Drive-thru Establishments: The concept plan depicts 3 drive-thru windows on this site; one on each of the proposed buildings. Per UDC 11-43-11, drive-thru establishments require CUP approval if they are located within 300 feet of an existing residence or residential district or another drive thru facility. There are also several specific use standards for drive- thru windows that are listed is UDC 11~-3-11 that the applicant must comply with. The Pollee Departme~ (see Exhibit B) requests that any and aII drive through windows proposed on the site be approved by the Police Departmert~. Because the most effide~ way for the PD to review and sabmit comments on a drive-thra is through the CUP process, Staff is including a provision in the DA that ALL drive-thra windows on the site be approved through tLe CUP process. Aces: Although no development is proposed at this time, the conceptual development plan (attached in Exhibit A.2) shows a 20-foot wide right-in driveway access to the site from E. Overland Road, classified as a priacigal arterial roadway, approximately 262 feet east of the Overland/Eagle intersection. Afull-access public erred is proposed to Overland Road approximately 518 fed east of the Overland/Eagle intersection where Rackham Way is proposed to be relocated. A stub stred is shown to the property to the east (owned by Ustick Marketplace) at the northeast part of the site across the Eight Mile Creek. No access points are proposed or approved to/from Eagle Road. The original concept plan submitted with this application depicted aright-in access from Eagle Road at the north end of the site, aright-in/right-out access (in the current location of Beckham Way), afull-access (in the future lor~tion of Beckham Way) to Overland Road, and no stub to the property to the east. Since application submittal, the applicant has submitted a revised plan that reduces the amount of access points originally proposed to the site, provides a stub street to the property to the east, and provides an emergency vehicle access to the site from Overland, as detailed above. Staff and ACHD are supportive of the proposed a poi~s to/from the site and stub street to the adjacent properly to the east, as depicted on the revised concept plan attached in Exlu~it A.2. However, the ACRD report does note that Beckham Way will berestricted to aright-in/right-out onto Overland Road in the future when either a raised median is constructed upon determination by ACHD that a substantial safely hazard exists or on the provision of a connection from Beckham Way to a signalized intersection to the east, whichever occurs first. Since the ACRD staff report was written, discussions have taken place between the Fire Departmeat, Planning Department, and the Overland Village AZ-OS-QOl & VAC-08-001 Page 9 CITY OF MERIDIAN PLANNAVG DEPARTMENT STAFF REPORT FOR TIC NEARIIVG DATE OF SEPTEMBER 2, 2008 applicant regarding emergency access to the site. As a result of these discussions, ACRD has agreed (see letter in Exhibit B) to coordinate with the Meridian Fire Department to ensure that any access restriction devices installed at the intersection of Overland and Beckham allow for emergency vehicles to turn left onto Beckham from Overland. Further, this left-turn aces will be maintained at Ieast until a public connection across Eight Mile Creek north of Overland is achieved. Additionally, Planning and ACRD Staff recommend that the applicant construct a pablic stab street from Rackham Way to the west easement boundary of the Eight Mile Creek as proposed, and road bust with the District for one- half the costs of a bridge crossing of the Eight Mile, to allow for Enters conaectlvily to the east and access to the signalized Overland-Silverstone intersectlon. Note: Jim Kissler, the owner of three parcels to the northeast of the site, submitted a letter to ACIID stating that (in his opinion) the main access to his property and the Edk's property (south of the interstate) will be primarily from the signalized intersection at Overland and Silverstone. With the stub street mentioned above, the subject properly and the property to the north would have access to a full access approach. Any access to Rackyiam Way Cn its current or proposed location) would be secondary, since Racldaam is too close to the Eagle/Overland intersection artd wild eventually be a right-in/right-out access and wotidd require a bridge to cross the confluence area of the Five Mile and Eight l~le Creeks. He feels that money would be better served to get to the signalized intersection, not the right- inlright-out. Special Consideration for Commission & City Coundl: Staff concurs with Mr. %rssler that primary access to she Sissler and Elks properh'es should be provided from the future ldght at the Silverstonel0verdand intersection with secondary access being provided via Rackham way. The subject property would also be able to use the signalized intersection at Silverstone jor access to/from the site; however, it would be more meanderdng than a direct access and Staff believes that folks would be less likely to use it than if it were more of a direct route to the sltt~ Because the Beckham access will eventually be restricted to a right-in/right-out and the other access closer to the Overland/Eagle intersection is a right-in only, Staff (Planning, Fire, and Police) believes that constructdon of a bridge across the Eight Mlle Creek would be beneficial for the subject property in order jor full access to be provided from the signalized intersection east of the sa't~ The Fire Deparl~nerrt is especially concerned about pravlddng emergency access to this site if a bridge is not constructed so that full access can be provided from the signalized intersection ~ Silverstone/Overland ACHD's report statnc that Beckham will eventually be restricted to right-in/right-out due to a future median. If this happens, the Fire Deparbnent will either have to travel pact the she to gain access from the north through the Bissder/Elks properties or do a "U" turn in the middle of Overland, neither of which is desirabde. For this reason, the Fire Department recommends that the project be denied f a permanent left-tn access cannot be provided from eastbound Overland Road isito the sites Since the ACRD report and Staffs origdnal report was written, the applicant, Fire Department, and Planning Deparl~nent stn, f}' has had several meetings to determfrae an alternative means of emergency access to the sites As a result; ACRD has agreed to coordinate with the Meridian Fire Department to ensure that any access restriction devices installed la the future at the intersection of Overland and Beckham allow for emergency vehicles to run lefit onto Beckham from Overlana! (see letter in Exhdbit B). As ojthe print date of this report, the Fire Depardnent has not submitted a response to the revised plan and letterfrom ACED. In adddtion to the emergency access dssue discussed above, Staff has added a Development Agreement provision requiring the applicant to pay jor half the cost of the bridge, through Overland Village AZ-08-0O1 & VAC-08-001 Page 10 CITY OF MERIDIAN PLANNIIVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEIVVIBER 2, 2008 a road trust, to provide connection to the undeveloped property to the east for interconnectlvity and access to/from the signalized intersection. [Because the property to the east owned by Ustick Marketplace has already been annexed and zoned commerdally, it may not be a feasible to requrre that properly owner to pay jor half the cost of a bridge unless a preliminary plat or conditional use permit is applied for; plus ~ property owner will already be burdened with the cost of a bridge across the Five Mile Creek at the north boundary of their property. The Commission/Coundl may decide to strike the aforementioned provision from the DA.J Waterways: The Five Mile Creek rims along the north boundary and the Eight Mile Creek runs along the east and north boundaries of this property. Per the Comprehensive Plan, these creeks should be improved and protected throughout commercial areas. Staff is including a DA provision for the applicant to protest the creeks during the development prods. Sta,~'' would encourage the applicant to improve the area adjacent to the creeks as a development amenity. Landscaping: East Overland Road and S. Eagle Road are both classified as arterial streets and entryway corridors into the City; as such, a 35-foot wide landscape buffer is required along Overland & Eagle. South Rackham Way is classified as a local street; as such, a 10- foot wide landscape buffer is required. All landscaping will be required by the City with future CUP/CZC approval and shall be installai prior to issuance of Certificate of Occupancy. Mnli3 Use Pathway: The proposed pathway network plan contained in the Master Pathways Plan shows a portion of the City's multia~se pathway running along the southern boundary of this site. This pathway should begin at the eastern boundary of the site, near/at the relocated Rackham Way intersection, and continue to the Eagle Raad/Overland Road intersection. The applicant should coordinate the exact location of the pathway with the Parks Department. This pathway will be required to be installed prior to the first Certificate of Occupancy on this site. Provide written docame~aflon from the Parks Department with the first CZC application, approving the pathway design and location. Floodplain: A portion of this site along the northern property boundary is located within the floodway. A large portion of the north half of this site is also located within the 100- year and 500-year floodplains, in flood zones AE and X5, resp~tively. The propoxd building locations are within this area. Any work or improveme~ within the floodway or floodphutn on this property shall ffie a floodplain development application with the City of Meridian PnbHc Works Departme~ prior to commencxment of the work. Parking: For commercial uses, off-street parking stalls ate currently required at the late of one space per 500 square feet of gross floor area (LTDC 11-3C-6B). Parking on the site will be reviewed for compliance with UDC standards at the time of CUP and/or CZC approval. Also, no linear grouping of parking spaces shall exceed twelve (12) in a row, without an internal planter island per UDC 11-3B-SC. Development Agreement: UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitme~ for all future uses. Because this in only an annexation application with no development proposed at this time, Staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties. If the Commission or Council believe additional development agreement requirements are necessary, Staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of an annexation of this property. Overland Village AZ-0S-0OI & VAC-08-001 Page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF SEPTEMBER Z, 2008 Prior to the annexation ordinance approval, a DA shall be entered into betwcen the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-0433 within six months of Council approval to initiate this process. The DA shall include, at *±~±i*+i*r+um, the following: a. All future development of the subject properly shall comply with City of Meridian ordinances in effect at the time of development. b. The site and buildings on the site shall comply with all of the design review standards listed in the UDC. A Design Review application shall be submitted with the CUP or CZC application (whichever occurs first) for all firture buildings on this site. c. The detailed site plan and building elevations submitted with any CUP and/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of this staff report, as amender herein, and with the requirements of the subject Developmem Agreement. Construct a minimum of 2 and a maximum of 4 buildings on this site. No footprint for a single building shall exceed 20,000 square feet. Further, no building shall exceed ~ 4 stories in height. with a meximum height of 65 feet. d. The applicant shall be responsible for all costs associated with sewer and water service installation. e. Any drive-thru establishment proposed on the site shall be subject to Conditional Use Permit approval. f. Direct access to/from this site from Eagle Road shall be prohibited. Acces4 to the site shall be provided from one full access point toJfrom Overland Road via S. Beckham Way and one right-in access point to the site from Overland Road, as depicted on the conceptual site plan. The Beckham Way access may be limited to right-in/right-out only in the future. g. Prior to the first occupancy permit being granted, a minimum 35-foot wide landscape buffer will be required and shall be constructed along the entire finntage of E. Overland Road and S. Eagle Road, in accordance with UDC 11-3B-7. h. A minimum 10-foot wide landscape buffer will be required and shall be constructed along the entire frontage of S. Beckham Way in accordance with UDC 11-3B-7. i. Prior to the first occupancy permit being granted, a 10-foot wide multi-use pathway will be required on this property in accordance with the Master Pathways Plau. Said pathway should connect to the Eagle/Overland intersection and the relocated Rackham/Overland irersection, and continue to the east. Exact location of the pathway shall be coordinated with the Parks Department. Provide written documentation from the Parks Department with the first CZC application, approving the pathway design and location. j. If not existing, sidewalks shall be constructed along S. Eagle Road, E. Overland Road and S. Beckham way. ~. gel-eats-~'ts~ Im lieu of a stub strcet from Beckham Wav to Overland Village AZ-08-001 & VAGOS-001 Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 Abe west easement boundary of the .iQht Mile Creek the applicz~nt shall he r~red to dedicate prey (eoual to the area origi~lly~nosed for a sdib meet) to AC1® for >le on of the nark and ride lot if AC)(lm etermines. within 6 months of approval of the DA by (`ity Coup that thic IIronerty will be beIIeficis_d .. And the park and ride facility and will be used for those ma~seR If ACRD determt~es that the ~pg~y ~ not n~lnd then the apnlican~no oblieation The azt><-licaut shall ~bmit a letter from ACRD of their final determinAtinn on this matter within this aix rnnr~th narind lcee tier from ACRD attached iia Exhibit S~or more haform~Al• - - --- 1. Any work or improvement within the floodway or floodpLlin on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. m. The Five Mile Creek, which runs along the north boundary, and the Eight Mile Creek, which rugs along the easC and north boundaries of this property shall be protected through the development process, in accordance with the Comprehensive Plan. Improvements along the creeks are encouraged as development amenities. n. The applicant shall work with ACRD to vacate the existing Rackham Way right-of- way and relocate a~ utilities accordingly. o. The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for airy new use or change in use of the site. p. No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with UDC 11-3D. q. All future construction/uses on this site should comply with the provisions of City Code in effect at the time of submittal. s. The applicant shaII ~~a uronort3o~ share of the cyst of cron.~truction of a connection (bridge) across lF'iyye Mae Creek in the amount of ~3~4141.80 based on the cal Atinnc Rhn~ in ihit A.4 A ~y without a x Ai1Re in a form acceptable to the City A rney than hp e+*hmitt.+~i prior to the first Certificate of Zoning Compliance being issued for the saber t. a applicant s all provide a stub str or rive isle to h .east on he snbiect pro Bro perty. ne~±r Pad on h .narrows won of he .i h Mil IL bin +he ss-aces ran 1 h th hi con . n D an ~ tix ee s own on e c~ hit A 2 A brid_op nection over the c~k is not reauired to be co~strnrtc~ by the a~3bje~ 1Lro perty owner. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new Overland Village AZ-08-001 & VAC-08-001 Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF SEPTEMBER 2, 2008 use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (iJDC 11-SB-lA). To ensure that all of the requireme~s of the Development Agreement as listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Departmert prior to building/parking lot construction, and all improvements must be installed prior to occupancy. 2. VAC Application: The applicant is requesting to vacate the existing right-of-way of S. Beckham Way and do a land swap with ACRD to relocate Beckham Way further to the east , as depicted in Exhibit C.Z. This location is not only futher from the Eagle Road intersection, but it aligns with the access point irrto Silverstone to the south. Beckham Way currently, and will continue to provide access to the park and ride lot on the north side of this site. Staff is supportive of moving Rackham Way to the east. There are no required UDC findings for vacation applications; ACRD is the lead agency responsible for the official vacation/exchange of the Rackham Way right-of--way. In addition to vacation of Rackbam Way, the applicant should vacate any utilities if any permanent structures are proposed to encroach. Staff is in support of this request and 3s recommending approval of the VAC application as regrrested by the applicant, as it is in the best interest of the public. b. Staff Recommendation: Staff recommends approval of the subject apphtcadon A7r118-001 (and VAC-08-001) with the Development Agreement provisions listed in the in Exhibit B of the Staff Report for the hearing date of June 5, 2008. The Meridian Piannine & Zonine Commission heard this item (AZ) on Febrrrarv 21. March Z0. Mav 1 & 15. and June 5.2008. At the nnblic hearine on June 5.2008 they moved to recommend annroval of the snbiect AZ rearrest. a Meridian City Council he~±rd theRe items on AIIlRRt 5. entpmbe 2_ nd Z~_ October 28. and Deeembe 2.2008. At the nn Lich _ ring nn pm_ b_ e~__ 20.08. t_he_Corr_n~7 annroved the snbiect A7 and VAC rearrest. 11. EI~~ITS A. Drawings 1. Vicinity/Zoning Map 2. Conceptual Site Plan (~ated~3/~818811/20/08) 3. Conceptual Building Elevations (dated: 1/15/08) C Ic latinns De•!!onstratin Pronnrtiena n Sher . of Rrida 5. Letter from ACRD B. Agency and Department Comments C. Legal Descriptions 8t Exln'bit Maps 1. Annexation and Zoning Boundary 2. Vacation Boundary D. R~uired Findings from Unified Development Code Overland Village AZ-08-001 & VAC-08-ODI Page 14 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEIVIBER 2, 2008 A. Drawings 1. Vicimty/Zoning Map p:~. ,~ S r / , I-L 1 , , ~ '-~ ~ ~~ : „ _ a , _ ~, 4 f z x a 1, j~~,lei~ ~ a _ ~: ~ - Cr i, .. { 1 .. - Site e i, r ~ ,~ _ _ _ _ ~-- ; ~3ark~tplace ~ ~ i ,. Fr~pa~% ~ ~ I.~ i . ='-' - __ _ -_~.-_P._ D'1r R? GNU R7 - -_ _ i -•. --~".~-~_ L_; ~, -_~ i- i ~ _ -,~ - _ ~, ~ _ _ -. f ~ - . ~ ~ ~ i °~~ ~ _ _- ~ j ~ _ ~ w ,, _. ~~~ ._ ~ _ ~: ~ .. __ c~; ~ . ~ A -- - -- __ ,, : _ j ~ ~ ~ ) t ~, -- _ . - ~ --- r . _ . , _ ~ L = ,-~ ~ = i I i ~ ~__ - - -.~ . 1 ~ t I p - ~ ~ - --- -_- ..,., .. _ L~ ~ ~ - ~-1- ~ ~u~k-- -~.__" ...r -_. ~. ..1~; `~ - ~, _. k II, . R Exlu'bit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIJG DATE OF SEPTENNIBER 2, 2008 2. 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I -_ ~ ,,. ~" f ~ .~ ~ !'mot ~ vim,,; : < c . r'-"' -'--mot ~~ t J ~~ , ~ -`I ~ ~ ~~ _ y _ ~ ~ ~, ~ +~ -:-:~: - ti*i.t+~.-~-.-.:~ {.. dal°.~. -,~..k.,,ir~ 'y~r l ~. ,.. _ ~ w~~~.-, ,,+~~~ 44mr~mb ~', Atsst~xeou ~, do utmm~gtevla W1~{RE ~4@BOf~ /oA~i ~tM1B A ow ~ at~e+r kneesan~ o~ ,m, ~~ ~~ o~ °~~w pp~ O~ ©~fi as~a. <aaa. Exlvbit B p~ I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 Rom I.e1-m. ~#rclu~-Bortcn, PG Att11:.10~ 1 8223 N_ Way. Suite ~® t3aise. l~ho 83713 t9v lrlll~ - S. ne bray I~Iv® aAM Gr~6t t]~pin€an of ~a~t~ ~t tam aye, I~ fusel the ett~h~l Opin~an of Pwbatate Coat (ARCI for the S: Sllveratone Five tid8e tsr~ge crosalrtg . of the Viliepe project tcaca~! a the NE CDR alr tend end Roati$. The tolel t~G toy the ~nafruct~n ~ $~,4bG..tlp, 4~'IICI'1 i~udes deign ands 16°A I®n t~tingen~y. Ids that ! f~Od rnodefing ®nd l1SAC~ ~dtsn ~4tld pe~nt~ti+tg l~ vequir®d to fta'#har def~-e eat to cxsnftfnt tl~ herein me keenv if you arty q ~ ~utd Klee tv di~uss the o®n ~f wat in farther d+l. You can reach ~ 2d3.8S7.r4. S Erlc ,Inc. P.E. t~ject tt~ a- Ste. ewe 9~ t.2~.88'r s ixoa ate. Exhibit B Page 2 Idm~r 28, 2003 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 ~vertan~ Village Preliminary Oplni~t of Probable Cant S. Si~~tone Way - Fiiv® liAiler Cr. Grossing Erie Chrib k-c. 1654 E. L.ar~ic st, ~Is~, i~ho adz ~.ee~: Optnlan afi Prot~bte Cost Sunnrmry 8I. ~ton® way -Five 811I~ Gt Cn~ain® uerc -~« a,e ~~ e• t t~ B 9.8W.oe b a,~.w D. ~ 61 8 9:D0 8 1,6~,~ a. A lert 1 1.~ b 9. ~ 3.60Q.0~ 9.8a~d+ ~ L8 • 0.~.~ E 1.64.00 a ~ s a~ N~ air , ~ s ~ 6 s.s~.~ ~. g t 6& f a,o~~ ~ ~, ~e.~c a gage ~ crew ~ t4P ~~ 0Qa e ~ ~ 3~0 ~ S 1~.~D S 698,~.~ ~' 8 676e'W0.4~ B 16~ 6 ~~~ Talal ~... ,.« S ®, +~ 8answyyd~ 1 e/o E 96,0a10.~ 6 te..w m ~oadn+a ewe ~ fps :~n ecsr fisCN~a isarde 6~1 kB.sCl+eu~ Cam, t+,e ~ ~ro I eAOBr qat tss~ r fl~ a0 t~+a, ey~xu~+3 m itla, a~ m c~rta e~ t~+Gormr~fcr's rr~tBp~~ . a+m trwA ~++ ~ro~, Ne s ~r~+e ePp ~+sstncmat c~a aornaanm~ thx+ k~ 'r•aEetr.4~msd9s~8 empmaaammcrs +h9aaeaLS'~~+'~h~~~SC11angVllt~.lsaa+g~latc~fv:~ i Yiirn. i§e~n8 ~+flsutaB ~ rerepu~, ~ ~ tE~ae q C9ss811 ~ p+~ ~ ~ ~ @le ~DDItaKm~m~Lgt9ni,lgc N~B496e~.@s~~t~lry,a~s4(dl~ rrefBmla4ucr'9-mf0catat5mY~rk.aM~:x~vffiaG'un ~84CISYa9 QW1. 9~,'1QYA97d'f ~rb'~36XR'ECI~f..~ Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 Exhibit B Page 4 Ow~llflll ~ + 2 ~~ 2 ~. . ~ Ewe tia ~~ ~s~m .~ . ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 January 22, 2009 Sonya Watters City of Meridian Planning Department 33 E. Broadway Avenue, Suite 210 Meridian, ID 83642 RE: Overland Village Development Agreement Dear Sonya, Thank you for coordinating efforts between the City, Applit~nt, and the Ada County Highway District (ACRD) on City requirements for the rezone and development application for Overland Village. ACRD was asked to provide written comment on two issues, the possible expansion of the Beckham Road Park & Ride lot, and signage/safety features for emergency access into the site on Overland Road at the relocated Rackham Road. 1. Park & Ride Lot -ACRD has considered the need for possible expansion and/or improvement of this lot. At this time there are no detailed plans. The Council direction was to determine if the applicant should add pavement to expand the lot where the original stub street was planned (to the southeast of the existing lot). Because of the timing associated with this agreement, I recommend that the City's agreement state that the applicant be required to provide property for possible expansion of the lot. The size of the property should be equal to that of the original stub street, as I believe that was the intent from the Council discussion. Within six (6) months of the agreement with the City, ACRD and the Applicant should work together to determine if that property will be beneficial to the Park & Ride facility. If ACRD determines that the property is not needed, then the applicant has no obligation. Further, the improved Beckham Road will include on-street parking. In the area of the Park & Ride lot, this on street parking may be utilized by the lot users. Unless determined by ACRD, parking on this street should not be restricts based on maximum lengths of time (i.e. 2 hour max parking) or for a particular use. This would not preclude Park & Ride lot users from parking on the street if necessary. 2. Beckham Road entrance - Because the Idaho Transportation Department denied the Applicant a temporary access onto Eagle Raad (SH-55), much time was spent developing alternatives to satisfy the Meridian Fire Department's concern about emergency access into the site. ACRD will allow the following improvements to be installed incoordination with, but at no cost to ACRD. a. The applicant may install asign - DO NOT BLOCK IlVTERSECTION -east of Beckham Road. b. The applicant may install a flashing beacon in coordination with the DO NOT BLACK INTERSECTION sign. The beacon will be coordinated with the Overland/Eagle intersection through an Opticom device, and will only flash when activated by emergency service providers. This will be the first application of this type in Ada County. ACRD reserves the right to modify or eliminate the beacons if necessary; and in that event will work with emergency service providers to develop other alternatives. When an additional access is constructed east of Beckham Road that will also serve this site, the beacons maybe removed. ExUibit B Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 c. TheE~'cant may utilize pavement markings/paint on Overland Road for KEEP Additionally, I would encourage the Applicant and the City of Meridian to continue to work with 1TD and FHWA (Federal Highways Administration) to obtain an emergency access on Eagle Road. Such an access would eliminate the need for special applications on Overland Road at Rackham Road This parcel has unique features that should be considered, and emergency access only would not impede operations on Eagle Road. Sincerely, Christy Little Program Administrator Right-of--Way & Development Services (208)387-6144 cc: Tamara Thompson, Landmark Development Exhibit B ' Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 B. Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 The legal description submittal with the amiexation application (stamped 12/20/07, by Jeffrey McAllister, PLS) shows the property as contiguous to the existing coopdnate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and should meet the requirements of the Idaho State Tax Commission. 1.2 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of the City Council approval to complete this process. The DA shall, at **+inimtim, incorporate the provisions noted in Section 10, Development Agreemen, of the staff report. 1.3 The City consents to the proposal vacation and exchange of the Rackham Way right-of-way (VAC-08-0O1). The applicant shall coordinate the vacation with the Ada County Highway District. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Overland Road. The applicant shall install mains to and through this subdivision. The applicant shall coordinate main size and muting with the Public Works Depaztrnent and execute standard forms of easeme~s for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standazd Specifications. 2.2 Water service to this site is being proposed via extension of mains in E Overland Road. The applicant shall be responsible to install water connections. The applicant shall be responsible to install water mains to and through this development, coordinate main size and muting with Public works. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXI•IIBIT A) and an 81/2" x 11"map with bearings and distances (mazked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. ff a surface or well source is not available, asingle-point connection to the culinary water system shall be requires. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engareer. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association Exhibit B page ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2408 (ditch owners), with written approval ornon-approval submitted to the Public Works Department. ff lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-111 and 911-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-11} and 91E-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. Z.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be r~uired by the Army Corps of Engineers. 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 AlI grading of the site shall be performed in conformance with MCC 11-12-3H. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material, 2.17 The engineer shall be required to cemfy that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the buildings footings are at least 1-foot above. 2.18 The applicants design engineer shall certify that all seepage beds out of the public right- of-way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval, Commercial Projects 2.19 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 One hundred watt, high pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. Exhibit H Page 8 CTTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTTEMBER Z, 2008 3. MERIDIAir IN'ntE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or pazking lot aisle. b. The Fire hydrarrt shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydras shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All common driveways shall be straight or have a fuming radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.4 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a cleaz driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have pazking only on one side. These meas~uements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GV W. 3.7 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 The applica shall work with Planning Department staff to provide an address identification plan and a siga which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.10 All portions of the buildings located on this project must be within 150' of a paved surface as measured ar9rnmd the perimeter of the building. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrars and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordancx with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R 3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.12 There shall be a fire hydrant within 100' of all fire depatiment connections. 3.13 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. Exhibit B Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 3.14 The proposed right-in driveway where the current Rackham Way is located wi71 be required to be 20' wide with a 28' inside radios sod a 48' outside radios. 3.15 The Fire Department strongly recommends that developme~ of this property be conditioned on Rackham Way being and remaining a right in/right o~ left in access to the site, unless a bridge is conshvcted across the Eight Mile Creek and access is provided from the east to the site from the future signalized interest:don at Overland/Silverstone. Farther, the Fire Department is not supportive of a left-out access from the site to Overland becaase of the traffic hazard it would presumably create. If a median is wnsttvcted in Overland, the only way that Meridian fire units have of accessing the site from the west is thra the Silverstone development soh of the site by first tarring onto E. Goldstone to S. Silverstone Way to be able to enter the project from the east by going westbound on Overland. If a permanent left-in access cannot be provided from eastbound Overland Road i~o the site, it is recommended that the project be denied. (See Idler front ACED dated May 3q 2008, below) 4. MERIDIAN POLICE DEPARTMENT 4.1 The Police Department requests that any and all drive through windows proposed on the site be approved by the Police Department 4.2 The Police Departme~ sapports limiting access poinb to Overland Road. 43 The Police Departme~ recommends that the applicant constract a road across the Eight M>1e Creek to provide connectivity to the property to the east 5. SANITARY SERVICES COMPANY 5.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSC. 5.2 Waste enclosure access: The applicant shall provide drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 ft. frontal clearance for such containers. 5.3 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 6. MERIDIAN PARKS DEPARTMENT 6.1 The Parks Department did not submit comments on this application. 7. IDAHO TRANSPORTATTON DEPARTMENT 7.1 All access for this development should be from Overland Road with no direct ingress or egress from Eagle Road. Any access on Eagle Road at this location is not permitted as this is a full control of access section of highway. Any work (landscaping, noise abatement, etc.) within the Eagle Road right-of--way will require a permit from ITD. 8. ADA COUNTY HIGHWAY DISTRICT 8.1 Site Specific Conditions of Approval 8.1.1 Comply with requirements of ITD and City of Meridian for the Eagle Road (SH-55) frontage. Submit to the District a letter from 1TD regarding said requirements prior to District approval of the final plat or issuance of a budding permit (or other required permits), whichever occius first. Contact the District III Traffic Engineer at 334-8340. 8.1.2 Make application for the vacation and exchange ofright-of-way to realign the south portion of Rackham Way as proposed. If approved: a. Design and reconstruct Rackham Way so that it aligns with the private drive from Silverstone Subdivision on Overland Road. Exhibit B Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SII'TEMBER 2, 2008 b. Construct the portion of Beckham Way running through the site as a 36-foot street section at its intersection with Overland Road tapering back to a 29-font street section with vertical curb, gutter, and 5-foot attached sidewalk on both sides within 40-feet ofright-of--way. Install no parking signs on both sides of the street. 8.1.3 Construct aright-in only driveway where Beckham Way is currently located. Construct the driveway to be as narrow as the Meridian Fire Department will allow (preferably 14feet), and install DO NOT ENTER signs on both sides of its north end. 8.1.4 Pay a road trust depasit sufficient to cover the cost of installing a six inch raised median to restrict the realigned Beckham Way to right-in/right-out in the future. Beckham Way will be restricted to right-in/right-out either on a determination by ACRD staff of a substantial safety issue, or on the provision of a connection from Beckham Way to a signalized intersection to the east, whichever occurs first. (See letter' from ACRD dated May 30, 2008, below.) 8.1.5 Dedicate additional right-0f--way along Overland to achieve a total of 60-feet from cenerline abutting the site and approximately 78-feet from centerline near the intersection of Eagle Road. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required. permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of-way from available Corridor Preservation Funds. 8.1.6 Construct four driveways and one drive-through entrance on Beckham Way, no wider than 36- feet with minimum 15-foot curb return radii. The driveways shall be no closer than 100-feet from the intersection of Overland Road (nor-edge to near-edge). 8.1.7 Construct a stub street from Beckham Way to the west easement boundary of Eight Mile Creek, as a 29-foot street section with vertical curb, gutter, and 5-foot attached concrete sidewalk on both sides, all inside 40-feet ofright-of--way. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN TAE FUTURE." 8.1.8 Direct lot access to Eagle and Overland Roads other than what is specifically approved in this application is prohibited and shall be noted on the final plat if the parcel is subdivided in the future. 8.1.9 Overland Road is subject to 5 year pavement cut moratorium until October 2010. No pavement cuts are allowed unless specifically approved in writing by the District Pavement Cut Committee. 8.1.10 Comply with all Standard Conditions of Approval. 8.2 Standard Conditions of Approval 8.2.1 Any existing irrigation facilities shall be relocated outside oftheright-of--way. 8.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 8.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 8.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 8.2.5 Comply with the District's Tree Planter Width Interim Policy. Exku'bit H page 11 CITY OF MERIDIAN PI.ANIYING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 8.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 8.2.7 All design and construction shall be in accordance with the Ada Coumj+ Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 8.2.9 Construction, use and property developmerrt shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8.2.10 Payment of applicable road impact fees is required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 8.2.11 It is the responsibility of the applicant to verify all existing utilities within the right~f--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGI.INE (1-811-342-1585 at least two full business days prior to breaking ground within ACfID right~of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8.2.12 1Vo change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicants authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its inter to change the planned use of the subject property unless a waiver/variance of mid requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exldbit B Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 ~~ ~~ ~~ ~® ~~ ~.~~ ~. ~. ~ ~, zlr0~ r®: .~ s~ Qe Cbiaf. Fee iilePc~tmerrt ~ E FraatkGtn ~Eara~ ~rea~rart. lalt~c 8 RestttctiQat azf may ~, a~ mat On 0 160 , U-e, Gaaarcty F6tg?ty i~ gACF®~ $asDsd a~ -0B~9 f~'~ee am artd rsaoeae of a 4.3'7'7 ~~ ad the ata~r of F~Ie ~ {9a~na! ~o~ dor the a~mrrrea~al t. ISaclcharre WVa~; ~ ~~ suet artelathe Jtaaisv~l~ee ~ r`eCBiDd ~ atsij ~ ~ pts~r~s that ttYere in~ImeaY in ~ a~e~sk-~eraent a~~iiiore As g resaa~ ~t~ man. ~reral sib s~at~ art a~~~ai Qev~atvlrEg ~ 4~aI- ire ~~ the a~aAa~nt ~ the +~rtre~slsiat. ~(!e s ~ ~ a~taired ire ~ tin, °i'agP a rye! tn~t aleparsTt ~ ~~ a aaF ~ sbt ~ met~et ~ refit tltie 9Alay+ tar right in Q'tat~tre. 4R~'~ s,SIQ 6e ras~t~ed t~ r~ht- h,t " tat meter ore a by ~+kC#6D of a safa~y Issare, or ~ the dart ®E a arr~ ktYsy to a to t~ eas8, mhichsvaar tats flrsQ.' Tfhe Ig+Jt~iatian dare 6aas t do ACF1D t~aif heat, trra~ stta~r as Mere ~ a axannaction 6~et 8#acia6tam 9pNay tst~tsss t4ilf to Cr+sek tea the Owt~larntl- a 3nbersaat~lan, t® a O•aer6srad iR~ti +to ISaarlaharn may rtorthhotcrt~ ~ ~ aiob~taste etrt®~er~y ssrvroes ~i ati e ~ l~kheree 4f~~. 9ra order tc ar~ttrs rllen~l re~tatrise ta< tht+s area, a~Gt9D sta4t ~ otxetviiraabe . _ Fire Daagsartmetat ttp arrears tFeat arty aa~ess ~ (ice ' at the i~rrtersarafscat d Q~tsd Erdosd anal Play ~ altoan ~ errree8tency met~lr~ tar ttt~r Ce6t erttto Ratatn `Way~r~rt Ovid Road ~aat~a as a 34 at:c~ or a la mez!•sarr~. Tiais ~ft-t~rre aaxess sra01 ~ at least v~ a l~~ across ddfi~ Craaek t, asf OmerlartaL is atsao-ievs~. R 7/~ t~v~e easy a{ar~titgrts,. ~tlea~ ta;el free t® asazrrtae~t me at $y SIFT-i~9 ~. tUr 0~ckt• ~f5 a a~ •8~t4• PF~~-1fi~ ~ fDt$~F+ Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 2. Vacation Boundary `TO[Y,~'Hb~iAl~-ORTON EN-GINIiG COMPANY .~ s~tv8a'oaa a*m~ r~.ns ~ crrreow. ~. ~naeus e3ae¢ze~ m~.3~~-aa~a . nax~~a~ .~ Paaject 1~: 07212 Dom: 19,2x07 P'ag~: 1 of 2 110L4E • COE~lYt d°rtl.Lt~tE • t.~1,Dt~P&id. Exhibit C Page 1 CITY OF MERmIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER Z, 2008 QOiM1PAEYY Project Na: 0~2fl3 Date: T)acem~er 19, 213Q9 Page: 2 of 2 GUNTAINING: O.SB or 35,458 feat, Haste or ~. See ExbRfit `B~-R..o.~. ~ac~fi~a Map. ^cvhich is Ia~y m~ie a garb of ~ dpti~n. ~~ wait soaa dead iafora~om ma is mt me~gefa s~vey as ~ by T Co.lluis demon is eubjeG ~ at am~time: a survey is made ea t8e ~eauad. T EeBlne~riog Ca asp ao IisM7itp Ott ~ acear~y. eot ~ 'me. H'.~i72124'~Iit~1.4llRYBYiF~A-R.O.W. YACATlO~x Exhibit C Page Z CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIC HEARIIVG DATE OF SEPTEMBER 2, 2008 i! J J ~ ~~ ~~-1~~~N ~p ss A PQRTWN OF THE ' SW 1/4, SEC110N 18, ~ ' *~'~. T~NNSHIP 3 NQRTH, RANt3E 1 EAST. 8.k1. ADA COUMY, IDAFW i 1 ~ 4 ~, 1 1 ,~, '" °~ parr ~, ~ ~ ~ ,~ ~ q~,,,, I sp\\ ~ ~[ ~ ~ ~ 1 1 ~ ~~~ ) I ~ 1 ~~~ ~ ~~ ea4wwr. i ~A }~ m ~ 4~ o ~~ ~ ~ ~ ~ es~ar Ra ~ G ot, ~ ~, ~ y m, ~ , M aaa en. ~ ,,~ ~ ~. -sue ~ ~-- ----,-.- i -~----,-.__ ~iy ~e 29 Z1 0 75 190 ~ 450 un~ ~~ sas, L$ 140.10 18 ~._._~ 21 TOO~ArI-ORTON BNGA~RII~iG CO. EPRRIJEERS SURVEYORS PLIWWERS $777 OHS BOULEYARB • BOSE» IGNi0 83719-2~9 Pi~NE: 208-323-?288 FAX: 208-823-2399 E-FB@1t~dttl~ p8817J4G/W JO90iE12 ~-1~ Exiu'bit C Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARWG DATE OF SEPTEIVIBER 2, 2008 D. Required bYndings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a faII investigation and shall, at the pnbLic hearing, review the application. In order to grant an annexation and/or rezone, the Connell shall make the following findings; a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone all of the subject property to C-G. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goats, Section S, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that retail storm and restaurants are principal permitted uses within the requested C-G zone. There are also several uses in the reque.4t~ C-G zone that can occur with conditional use permit approval. The City Council finds that future development of this property should comply with the established regulations and purpose statement of the C-G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safely, or welfare. d. The map amendment shall not remit in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limfted to, school district; and, The City Council finds that the proposed zoning amendmert will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC' 11-SB-3.E) The City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the City Council finds that Annexation and Zoning of this properly to C-G world be in the bat interest of the City, if the Applicant enters into Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exidbit D Page 2 Ezhibit B. Conceptual Site Plan (11/20/081 ~~ t %' i i~ I E!a ~~ ~. i ~~.~ ~~ 1' r--, Q ~~ ~~~;., a , modus _ _ - _ _ - - ~ _ - ~ "~ 3a IFF~fF~~J L - i ~~ ~ F ffmrlt.4rt7 ~• _ ~ ~~ ~~ ~ -~_ ~,,__ ~ z ~~ ~ ~ ~ p ~~- ~~~~~ ~ a o1~1 0 ~ © ~ ~p T oTa~ ~ ~ - 5 ~ ~-~1 ~ ~ ~ L ~T ~ ~ ~" ~ - iii Q°_ ^ ~ o i~ ~~ ~ ` ~ ~ j _ o ~ o ~~~ ;~1 ~"~ - - r- : -i gam., ~ ~ I ~:~%' I 'I I ~ l~ I _ ~ tt.d" ^ ~ ,_ ~ $JJ 4lJ~1o191L`~igl ~ i Do srtE~uuu t fl_I ~l ! J A7.O ~ ~~ ~ Exhibit B ~verlart~ omega tang Eagte and everted Ref Panel nueei~r ~ureeil r Arraa Ave%wner P2T~11 151116336411 Cameron 1.325 2 Sii16336443 Camerae 1.639 3 51316336453 Camerae 1.669 4.653 SAS% 4 51336336~~0 Br[gEltCte 9.488 9.436 14.65% ,_ - - - - 5 51116335252 KtS~er .+4.714 6 5311633521 Ki~ler 11586 7 51116335154 Kissler 3.769 20.076 ~~23.5496 S 51116325514 °~~~' EiLS ~,, ., ;~,,,; S1S9 ,~~, ,,,5359 ~ 60.4495 'rEttd] 85.417 iQ@00% Nn+k Ra~xvlrrrSu a~ as~e e@nlry®ko~ A8a Cmmcq ~ filer EsiFinated Bridge CAS43 5 625,455.E see a3t i~ Int~nel Mapping Framework ~ _-_ . _.~ ~ ~ k -, ~ -a r __ -, _ - _~ ° ,_ _ , _ - ~E-1N T TE' ~ 84 HWI/ ~ , j I a - „, _ -.. - , Y~ _~ r _ - _ a _ i x. is ~~ - ..,. i i > ~~, , . n ~ , ~r .' • _ ~ ~~ Lagaed f~C 5~ _ i .• a+la SUeai9 ,i - ,r~~ ~, - y ~-• -.f /NOAINFAtL ,,~~se~. ,.~ ~~ ,~ ,~ 04. ~ ~ ~ ~ '~ ~ C .:'E NY ~~ X;,ST ~ - ~ -~~ N ' X ae sSr~Rnve+lmLalrl ~~ . ' . - ~ t ~~ ~'7 ~N. ~ ~:~ ~ ~ Paaia ~ ~AY~QC~7 N Yt ` F ~ u D ~i : ~ ! 7lab ~, ~~ ~- - n ~ - c~yu~s ~ D ."~ . R' - ~' ~ ~ i ~eR°'« °pmecq ~~' ~ ~. ~ r ~ i^ r ~ ,. v®. o~ ~ _ - _ ~ m~ __ ,.. - - dERLANQ R ., _ ~ , ttie~aaaoa. ~tnm~icrosm~awwr.~,.s. uw~a~YU vhf em a~~ag«.m r.n ~oro~e~a~ttsS~sK7rrDEU~oWa®wAVFCUtiodssusio~c~em.m f~i~ G3~Tb-, ~1 ~ :. L ± _ r Exhibit C • C7 MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. SU REQUEST Order of Conditional Approval AP 09-002 Portable Classroom Structure at Paramount Elementary School AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY CITY PUBLIC WORKS 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 Ctty of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL C/C October 27, 2009 • IN THE MATTER OF THE APPLICATION FOR CITY COUNCIL REVIEW OF THE DIRECTOR'S DECISION AND SUBSEQUENT REQUEST FOR RECONSIDERATION OF THE CITY COUNCIL'S DECISION FOR A PORTABLE CLASSROOM STRUCTURE AT PARAMOUNT ELEMENTARY SCHOOL, LOCATED AT 550 W. PRODUCER DRIVE, IN THE SOUTHEAST'/4 OF SECTION 25, T. 4N., R 1W. BY: Hutchison Smith Architects APPLICANT CASE NO. AP-09-002 ORDER OF CONDITIONAL APPROVAL This matter coming before the City Council for City Council Review of the Planning Director's decision on the Design Review application for the portable classroom structure at Paramount Elementary School pursuant to Unified Development Code 11-SA-6 on August 25, 2009; and the subsequent Request for Reconsideration of the City Council's decision on the aforementioned matter pursuant to Meridian City Code 1-7-10 on October 27, 2009. ORDER OF CONDITIONAL APPROVAL -PARAMOUNT ELEMENTARY SCHOOL PORTABLE CLASSROOM (AP-09-002) Page 1 of 3 • IT IS HEREBY ORDERED THAT: The City Council conditionally approved a waiver to the architectural and landscape design standards contained in UDC 11-3A-19 and the Design Manual for the proposed temporary portable classroom structure for a period of not more than two years. The two year period will begin on October 27, 2009 and end on October 27, 2011. At such time, if the portable classroom structure still exists and is proposed to remain on the site, staff will initiate a new application for design review. The portable classroom structure will be reviewed for compliance with design standards in effect at that time. Staff will send out a letter of decision on the design review application to all property owners within 300 feet of the site, the School District, and the Mayor and City Council. City Council review of the Director's decision on the design review application may be requested by the applicant, the Director, or a party of record in accord with UDC 11-SA-6 upon submittal of the appropriate application and fee. Additionally, City Council required the applicant to re-paint the structure within six months and to work with staff to determine an appropriate color in a matte, muted finish. The six month period will begin on October 27, 2009 and end on Apri127, 2010. Please take notice that this is a final action of the govenning body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. • ORDER OF CONDITIONAL APPROVAL -PARAMOUNT ELEMENTARY SCHOOL PORTABLE CLASSROOM (AP-09-002) Page 2 of 3 • ``````,~~~u~unr rrrrh~~~ ,~~ ~ "~'~ ~' °r~o S~~ _ 1S'~ • ~~` . ~ • • By action of the City Council at its regular meeting held on the ~~~ day of y~~ 2009. de eerd ty of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: Dated: 12~ 1 1 Zoo q ORDER OF CONDITIONAL APPROVAL -PARAMOUNT ELEMENTARY SCHOOL PORTABLE CLASSROOM (AP-09-002) Page 3 of 3 • • • November 24, 2009 APPLICANT ITEM NO. SV REQUEST Development Agreement for Instant Equity Auto, 1065 E. Fairview MERIDIAN CITY COUNCIL MEETING AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS 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: Staff Initials: Matertals presented at public meetings shall become property of the City of Meridian. COMMENTS See Attached Date: Phone: ADA COUIiTY RECQRDER S. DAVID NAVARRO aMOUHr .ou ~u 8018E IDAH01?I01f08 03:14 PA9 DEPUTY U~ Baa eECORDED-aEauESr of III IIIIUIIIIIIIIIIIIIIIIiI IIIII II! 18~Idlan CIi~ 10"~i~+I3713 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Instant Equity Auto, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement', is made and entered into this o? 4`~^' day of Q.R 2009, by and between City of Meridian, a municipal corporation of the State of Idaho, hereinafter called City, and Instant Equity Auto whose address is 10221 West Fairview, Boise, ID 83704, hereinafter called Owner/Developer. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, descn'bed in Exhibit A, which is attached hereto and by this reference incorporated herein as if set • forth in full, hereinafter referred to as the Property; and 1.2 WHEREAS, Section 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of zoning that Owner/Developer make a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-SB-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexationand/or re-zoning of land; and 1.4 WHEREAS, the property described in Exhibit A was originally annexed with project AZ 01-010 under the Boise Podiatry Building in 2001. A Development Agreement was required in the Findings approved by the Meridian City Council on October 2, 2001, however the Development Agreement was never completed; and 1.5 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of • government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and DEVELOPMENT AGREEMENT -INSTANT EQUITY AUTO (CZC-0S-010) PAGE 1 OF 9 • 1.6 WHEREAS, on the 2nd day of December, 2008, the City Council approved the Owner/Developer's request for a Certificate of Zoning Compliance and required the OwnerlDeveloper to enter into a Development Agreement as required in the original annexation; and 1.7 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.8 WHEREAS, City requires Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Instant Equity Auto, whose address is 10221 West Fairview, Boise, ID 83704, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A, describing • the parcels to be C-G, (General Commercial District). DEVELOPMENT AGREEMENT - INSTANT EQUITY AUTO (CZC-08-010) PAGE 2 OF 9 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed in the approved C-G zones under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement 5. CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY: Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1 The applicant shall provide cross access along the west and east property boundary as depicted on the revised site plan dated 1/18/2008. A copy ofthe recorded cross access agreement shall be submitted to the Planning Department prior to the issuance of a CZC. While the pmperiy is being used for vehicle sales, cross access shall be limited to the west through the Fairview entry point. 5.2 The applicant shall have 24 months from CZC approval to connect the existing structure to city services. 5.3 The applicant shall provide a 17.5-foot wide landscape buffer with 10-foot wide multi-use pathway adjacent to Fairview Avenue. A 5-foot wide landscape buffer with a six foot solid fence shall be installed along the southern property boundary as depicted on the revised site plan dated 1/18/2008. All remaining landscaping on the site shall be consistent with UDC landscape standards. 5.4 Minor vehicle serviceand/or repairs from the existing garage shall be allowed as an accessory use in accordance with the standards listed is UDC 11-4-3-37 provided the building foot print of the garage is not expanded until city services are provided on site. The City Council approved raising the roof on the shop 4 feet to accommodate the lift for the repair facility. If future expansions or new buildings are proposed for the site, the applicant shall be responsible for CZC approval. 6. COMPLIANCE PERIOD: This Agreement must be fully executed within one (1) year after the date of the Findings or it is null and void • 7. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement DEVELOPMENT AGREEMENT -INSTANT EQUITY AUTO (CZC-08-010} PAGE 3 OF 9 or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City of Meridian that apply to said Property. 8. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 8.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 8.2 Notice and Cure Period. In the event ofOwner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 8.3 Remedies. In the event ofdefault by Owner/Developer that is not cured after notice as described in Section 8.2, Owner/Developershall bedeemed tohave consented to modification of this Agreementand de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code § § 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 8.4 Delay. In the .event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. • 8.5 Waiver. A waiver by City of any default by Owner/Developer ofany one or more of the covenants or conditions hereof shall apply solely to the default DEVELOPMENT AGREEMENT -INSTANT EQUITY AUTO (CZC-0$-010} PAGE 4 OF 9 • and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, at Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, City shall execute and record an appropriate inshvment of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: City may require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of improvements that Owner/Developer agrees to provide. • 12. CERTIFICATE OF OCCUPANCY: Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by City. 13. ABIDE BY ALL CITY ORDINANCES: Owner/Developeragrees toabide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered ffand when personally delivered orthree (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNER/DEVELOPER: Instant Equity Auto 10221 West Fairview Boise, ID 83704 DEVELOPMENT AGREEMENT -INSTANT EQUITY AUTO (CZC-08-010) PAGE 5 OF 9 • with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, determines that Owner/Developer has fully performed its obligations under this Agreement. 18. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 19. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action or proceeding. DEVELOPMENT AGREEMENT -INSTANT EQUITY AUTO (CZC-08-010) PAGE 6 OF 9 • 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express orimplied,between Owner/Developer and City, other than as are stated herein, All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. Except as herein otherwise provided, no subsequent alteration, amendment, change or addirion to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governingtheusesand/or conditions governing re-zoning of the Property herein provided for can be modified or amended without the approval of the City Council ai~er the City has conducted public hearing(s) in r accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. INSTANT EQUITY AUTO By, Daniel By. - • y Christensen DEVELOPMENT AGREEMENT -INSTANT 1~QUITY AUTO (CZC-08-010) PAGE 7 OF 9 • • CITY OF MERIDIAN sy: Mayor T de Weerd ~~~~~ ~ - ~ u u u u ~ ~,,,~~~~ ATTEST: ~ Ofr •, .~ +r -- ~o SEAL = Jaycee L. olman, City Clerk ~ ~ ~ ~ '~, y "UsT tst ,'` ~20.,`~ O ~~ .~. STATE OF IDAHO, ) ): ss County of Ada, ) On this ~~~ day of n u11'et~u~~ , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared Daniel Burrup known or identified to me to be the '1~e,~, ~,,. / of Instant Equity Auto and acknowledged to me that he executed the same on behalf of Instant Equity Auto. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~y~ Jti ~~'~ ~~+ ~ :, ~ s~ '-;: ~ ~' e m ~e,,~ e _ ~ p~ 6 ~ e ~~ =oe..s•~~ ~~. ~ ~'~ _u ~~ Notary Pub ' or Idaho Residing at~ S .~ My Commission Exp' - ~~ J DEVELOPMENT AGREEMENT -INSTANT EQUITY AUTO (CZC-08-010) PAGE 8 OF 9 • STATE OF IDAHO, ) ): ss County of Ada, ) On this =~ day of ~V~.y...~..-, 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared Eddy Christensen known or identified to me to be the ~ C 4~~- of Instant Equity Auto and acknowledged to me that he executed the same on behalf of Instant Equity Auto. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .:.,..,, (SEAT,):. ' - ~'^ ' `~ " ~~ ~ ~~` Notary Pub for Idaho F ~~^ r -~~,1:- ,,s ,.~~ n ~' A Residing at: ~ o~ .;i `lf~rPl'O~A~~q ~''`fi.,~~~ti~~ My Commission Expires• '- ~~J ri 4 !/ 1 • STATE OF IDAHO ) ss County of Ada ) fa On this ~ ~ _ day of ,every. hr~ , 2009, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. --+....- • (SEAT,) ; ~ L o Public fo Idaho ~, ~~ ;' ; iding at: ~~ ~ a Ind a.H e~ Commission ices: J ~/ _ ~ o I ~ • OF ~ ~•• '••..... DEVELOPMENT AGREEMENT - INSTANT EQUITY AUTO (CZC-08-010) PAGE 9 OF 9 • ~~m{N EgRs ~ APPENDIX ~- T o RUBBLE ENGINEERING, INC. 9sti a`~ 701 S. Allen SL, Suite ia2 ^ Meridian, il) 83842 208/322 8992 ^ Fax 208/378-63~8~ FRS . $v~ Protect No. 0105200 November 8, 2001 DESCRIPTION FOR ANNEXATION /REZONE OLDEN PROPERTY A parcel of land located in the NW1/4 of the NE1/4 of Section 7, T.3N., R.1 E., B. M., Arta County, Idaho and more particularly descnbed as follows: Commencing at the comer common to Sections 5, 6, 7 and 8 of T.3N., R.1 E., B.M., from which the 1i4 comer common to said Sections 6 and 7 bears North 89°28'08° West, 2840.98 feet; thence North 89°28'Q~' West, 1513.88 feet on the Ifie common to said Sectlons 6 and 7 to the REAL POINT OP BEGINPIING; thence continuing on said common line North 89°28'06° West, 209.38 feet; thence leaving said common line South 00°42`09" Wes#, 33.09 feet to a point on the southerly right of~+vay of said Fairview Avenue; _ thencs3 cor~tinuing South 00°42'Q4° West,175.98feel" thence South 88°56'51" East, 208.52 that; thence North 00°55'50° East, 178.65 feet to a point on the sold southerly right-of-waY of Fairview Avenu®; thence continuing North 00°55'50" East, 31.32 feet to the Point of Beginning, crontatNng 1.01 aches, more or Tess. Patrick J. Scheffler, P.L.S. ..~ C] Prepan~t ny: BUBBLE ENGINEERING, INC. MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. 6A1 d REQUEST Professional Svcs Contract between Harold's Electric Co., Inc. and the City of Meridian for Electrical Inspection Services and Electrical Plan Review for Structures Constructed within the City AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: See Attached 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. ~~i~E IDIAN~- ~11b~C I D A H O Words Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent Bjornson -Building ServiG~ `~- DATE: November 9, 2009 Mayor Tammy de Weerd City Coundl Members: Kefth Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Professional Sernices Contract for Harold's Electntc Company Inc. (Electrical) I. RECOMMENDED ACTION A. Move to: 1. Approve the new professional services contract for Harold's Electric Co. Inc., and authorize the Mayor to sign and City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Bruce Freckleton, Development Services Manager 489-0362 Brent Bjornson, Building Services Inspection Coordinator 489-0304 III. DESCRIPTION A. Background Building Services has collaboratively worked with the City of Meridian Legal Department to write five new professional services contracts for the contract plan review and inspection consultants in Meridian Building Services. Included are: Structural, Electrical, Plumbing, Fire and Mechanical. Each respective contract holder has recently accepted and signed the new contracts. The collaborative effort was a lengthy process. After work with Legal and meeting with the contract holder additional modifications and adjustrnents were required with more review, meetings and discussion Page 1 of 4 r. The contract language was changed to reflect more closely how Building Services is currently operating, as well as new contractual expectations. We met with contract staff several times and are presenting the final product for your review. To that end, each contract is a three year contract beginning October 1, 2008 through September 30, 2011. Essentially, one year is retroactive to 2008. The existing contracts expired September 30, 2008. From that time to the present the consultants have essentially been working under implied contract while the new contracts were being developed. B. Consultant Selection Our consultants have previously served the City of Meridian for many years and contract renewal has been offered to each contract holder once again without competitive open bidding. We feel that this is beneficial for the City for the following reasons: existing working relationships with the building community, and a clear understanding of internal process, databases and staff. In addition, the customer satisfaction survey scores have shown steady increase over the past five years. IV. SIGNIFICANT CONTRACT CHANGES A. Stmtepc Impact: 1. Clarify language in all crontracts to Aaiun enhanced field representation. safety advertising and public outreach. a.) Tlris includes safety gear and clothing, business cards, photo identification, prohibition of displaying logos, graphics and advertising while representing the City of Meridian. 2. Add lansuase to maintain and obtain new certificsition as required by Idaho Code and/or certification for the type of work performed 3. Consultants shall provide all related code materials necessary toperform Services as required if the sin a city copYorovided is not adequate a.) This change will save the City of Meridian approximately $2,000 every time new reference materials are purchased. Page 2 of 4 4 4. Appropriation Clause. a.) This was added since the proposal would extend the term of the contract past the city fiscal year end 5. Disaster & Emergency., a») Previously there was no provision for compensation for inspection in this area. We have added $75.00 per hour when and if this occurs. This amount is consistent with the hourly rate provided for in the transition clause of the contracts. 6. Reporting: All contract employees will report directly to the Building Plans & Inspection Coordinator position which is consistent with the re- organizational structure of the Public Works Department 7. Staffing levels related to plan review inspection and additional time spent in the office. a.) Contracts were changed to specify that all fast track tenant improvement plea reviews be completed in no more thaw three working days after receipt of complete application. b.) Contracts were changed to specify morning and afternoon inspection requirement (am or pm), and the 48 hour response language was removed to enhance customer service timelines. c.) Contracts were changed to specify that all contractors be available in person for all scheduled meetings or consultations necessary. 8. Performance Expectations for Contract Inspectors. a.) Exhibit B was added to all contracts to define and provide customer service expectations that are similar to the City of Meridiaa's values related to customer service, accountability, respect aad excellence. b.) Work Hours: Time at the office shall be dedicated to City business only. Page 3 of 4 a V. FINANCIAL IMPACT Payment of Contract and Inspection Fees shall be made by the l0a' of each month according to the value placed on the building permits and based upon the following pay schedule: a.) 50% of all commercial permit fees collected annually. b.) 50% of the residential permit fees for the first $80,000 in permit fees collected annually. c.) 40% of the residential permit fees above $80,000 collected annually. The above schedule has not changed from that of previous contract. VI. TIME CONSTRAINTS There are no specific time constraints with the review and approval of these five contracts other than to retain the existing services if approved. As stated previously, all five are three year contracts for the time period beginning October 1, 2008 through September 30, 2011. Approval of Division Manager: ' ~ / Z3 / d ~J Bruce F eton, Dev. Services Manager Date Page 4 of 4 PROFESSIONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: HAROLD'S ELECTRIC COMPANY, INC., an Idaho corporation, hereinafter "Contractor." DATED: This ~ day of 2009. PREMISES: 1. Whereas, the City of Meridian provides electrical inspection services and electrical plan reviews for structures constructed within the City of Meridian. Electrical plan reviews are retluired to be performed prior to permit issuance for any project deemed necessary by the City of Meridian. 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of Harold's Electric Company, Inc.; and 3. Whereas, the Contractor has been providing such services to the City and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct electrical inspections and electrical plan reviews. Electrical plan reviews are required to be performed prior to permit issuance for any project deemed necessary by the City of Meridian. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on October 1, 2008, and unless earlier terminated or extended, shall expire on or before September 30, 2011. 2. Scope of ServQces. (a) Contractor shall perform the necessary services in accordance with the schedule as descn'bed in Exhibit "A" attached hereto and incorporated herein by reference. (b) Contractor shall also adhere to the performance expectations set forth in Exhibit "B" attached hereto and incorporated herein by this reference. (c) Contractor shall be considered an agent of the City and shall be required to do the following when performing services under this agreement: (i) Display aCity-issued photo identification badge. Cotttract for Professional Services, Harold's Electric Company, Inc. Page 1 (ii) The City shall provide business cards, at no cost to the Contractor, in a format approved by the City. Business cards shall be available on display in the Meridian Building Services lobby and provided during field inspections as necessary. (iii) While performing services for the City of Meridian, the Contractor, its subcontractors, if aay, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than Harold's Electric Company, Inc. (iv) Wear appropriate clothing and safety gear to protect from personal injury. (d) Contractor under this contract shall possess an Idaho Journeyman electrical license and demonstrate four years of field experience. In addition, contractor shall possess certification and successfully pass the IAEI (International Association of Electrical Inspectors) general inspector or master inspector exam. Each electrical inspector working under this agreement must possess the same certification as stated in this section. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in aay way related to their duties under this Agreement. Furthermore, when Contractor is occupying a City office, or otherwise working at a City facility, Contractor's time shall be dedicated exclusively to the work contemplated under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. 4. Compliance With Applicable Law and City Policies. (a) Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the State of Idaho Division of Building Safety. (b) Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited policies related to use of City Equipment, Drug and Alcohol Policy, and Safety Policy. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as maybe required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information firrnish~ to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shad become City information and shall Contract for Professional Services, Harold's Electric Company, Inc. Page 2 not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such serviceq, client records, Contractor's policies, procures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for the period specified in the City of Meridian's records retention schedule, or such longer period as maybe required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be made by the 10~ of each month according to the value placed on the electrical permits and based upon the following pay schedule: (a) 50% of all commercial permit fees collected annually. (b) 50% of the residential permit fees for the first $80,000 in permit fees collected annually. (c) 40% of the residential permit fees above $80,000 collected annually. (d) Harold's Electric Co. Ina will verify that all electrical permit valuations received are correct and accurate for all residential and commercial permits issued. Any differences or inaccuracies will be reported to Building Services staff whereby Harold's Electric Co. Inc. will work collaboratively with the City of Meridian to resolve any unpaid permit fees and/or make necessary adjustments. The City of Meridian agrees to provide oflxce space, computers, telephone system, inspection tags, permit notices, business cards, and clerical support, as may be necessary to assist contractor in the issuance of permits, receiving and distributing electrical inspection requests and public assistance. The contractor shall support and enforce all adopted codes within the City of Meridian as well as the regulation of design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use of, maintenance of electrical systems, and collection of fees, and to carry out all of the regulations, provisions, conditions and terms of the adopted National Electrical Code and other adopted state or local codes and/or other business transactions that would need to be conducted by the electrical inspector that are directly related to providing services under this contract. One soft-bound copy, with commentary, of all adopted codes will be provided. All other versions of adopted codes (including but not limited to specialty books, loose leaf, and electronic) as desired by the contractor, shall be provided at the sole cost and Contract for Professional Services, Harold's Electric Company, Inc. Page 3 8. expense of the Contractor. The code reference materials described herein will be located in one central location in Meridian Building Services for all inspection disciplines to utilize. Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If Harold's Electric Company, Inc. ceases to act as the Electrical Inspector for the City of Meridian, as outlined below, then this contract shall immediately be terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as maybe established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor, (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor fails to adhere to the performance expectations set forth in Exlu~bit "B" (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repented justifiable, documented complaints are made against Contractor or its agents for: (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner, (x) If the City Council determines that termination of the contract is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of Contract for Professional Services, Harold's Electric Company, Inc. Page 4 the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the lime specified herein or any extension thereof; or (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided bylaw or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Electrical Offic~tal. Harold's Electric Company, Inc., acknowledges that Harold Welch is designated as the licensed Electrical Inspector with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Harold Welch fails or ceases to continue as the Electrical Inspector for the City or Meridian, Contractor shall be required to give notice to the City of Meridian. 10. Independent Contractor. Contractor is not an officer or employee of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. Contract for Profe~ional Services, Harold's Electric Company, Inc. Page 5 (c) Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. (d) Substantially all necessary tools, equipment, supplies and all other administrarive support expenses will be famished by the Contractor, with the exception of the items to be fiunished by City as set forth in Article 7. (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Asslgoments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assigmnent or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective subcontractors, agents, successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour workai. Contractor will submit detailed billings, including time records containing. date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15 of the month for billing statements submitted not later than the first day of that month 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall immediately notify City orally Contract for Professional Services, Harold's Electric Company, Inc. Page 6 and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Antomobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall Warne the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insiu~ance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30-day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contract shall comply with all applicable Workers' compensation insurance requirements of the State of Idaho. (fl Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to the City Clerk and a copy to the Building Plans and Inspection Coordinator. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Cleans Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. 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: Contract for Professional Services, Harold's Electric Company, Inc. Page 7 City of Meridian Building Services 33 E. Broadway Avenue Meridian, Idaho 83642 Harold's Electric Company, Inc. 701 Monte Vista Drive Emmett, Idaho 83617 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. 16. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. 17. Attorney Fees. In the event an action, suit, or proceeding, including appeal there from, is brought for failure to observe any of the terms of this contract, the non- prevailingparty shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, procealing or appeal. 18. Governing Law; Jurisdiction; Venae. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada. County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be braught and conducted exclusively within the United States District Court for Idaho. 19. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation cAVerage for all their subject workers. 20. Amendments. The terms of this Contract maybe amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required bylaw or the Division. 21. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Contract for Professional Services, Harold's Electric Company, Inc. Page 8 Dated this a ~ day of '' `~I ~ 2009. HAROLD'S ELECTRICAL COMPANY, INC. BY: HAR LD WELCH CITY OF MERIDIAN BY~ --,~~ TAMMY MAYOR Attest: `````,~~~ti~-u-r-trrr'~~~~i J'AYCE L. HOLMAN, CITY CLERK ~~~ ' '~ O Contract for Professional Services, Harold's Electric Company, Inc. Page 9 STATE OF IDAHO, ) . ss: County of Ada, ) On this ~2~ day of 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared HAROLD WELCH, known or identified to me to be the representative of Harold's Electric Company, Inc., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for Harold's Electrical Company, Inc. IN WITNESS WHEREOF, I have hereunto set my hand anal affixed my official seal the ~,y,~d year in this certificate first above written. ~.. ~~,~' STATE OF IDAHO, ) . ss: County of Ada, ) Notary lic for Idaho Residing at• '130 r/~k / 0 My Commission Expires: ' / ~o1-O/ On this ~ day of I~V~.~~ , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my head and affixed my oilYCial seal the day and year in this certificate first above written. wy'~~TA~~~~~~ o Public fo Idaho ~~ ~ ~ ' R 'gat: ~~ . ID My Commission Exptres: O ~ o -1 y ~'• %o: '~: ~ of ~:~' ~~~~~r~~ Contract for Professional Services, Harold's Electric Company, Inc. Page 10 EXHIBIT ~A" SERVICES TO BE PERFORMED BY HAROLD'S ELECTRIC COMPANY, INC. 1. Computerized Permit Tracking Program. Contractor shall perform all data entry related to field inspections into the City of Meridian's computer permit tracking database for all types of electrical permit inspection requests received. This shall include specific inspection notes, pass/fail status, final inspection status and include re-inspection entries and specify regular ordouble re-inspection fees if required. The data entry for every electrical inspection shall be entered into the tracking database daily. 2. Public Office. Contractor shall maintain regular business hoots and/or be available by telephone, located at 33 E. Broadway Avenue, Suite 102, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by Building Services through the City of Meridian. 3. Coordination. Contractor shall mutually coordinate any required plan reviews with the City Planning officials and Public Works officials. Field inspections will verify and incorporate the requirements of plan review. When plan review is required it shall be performed before permits are issued. 4. Conflicts. Contractor shall report to the Building Plans and inspection Coordinator any potential conflicts of interest it may have relative to a con9truuction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building code provisions as maybe codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, including the flood plain ordinance, and other ordinances related to building sites, and electrical uses which may affect the building structure and/or public safety. Contractor shall report to the City of Meridian Building Plans and Inspection Coordinator any observed violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge as well as the current code adopted by the City of Meridian. 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of I3irectors at all times. All personnel will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Building Plans and Inspection Coordinator and updated in writing as any changes are made. 7. Performance of Services and Dudes. Contractor shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required Exhibit "A" -Page 1 under this contract in a courteous and professional manner. Contn~ctor is directly responsible to, and reports to, the Building Plans and Inspection Coordinator. 8. D~tsaster and Emergency Within the Catty of Meritdian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall provide services as follows: field assessment and inspections of damage to private and public property, collect da=nage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - -Damage Assessment Annex. City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing. date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15a' of the month for billing statements submitted not later than the first day of that month. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel to allow City to provide timely inspections and plan reviews of building projects in the City as required by the City of Meridian. The following performance standards are expected: Commercial plan review: No more than 10 working days after receipt of complete application on projects where plan review is required by the City of Meridian Fast track plan reviews (minor tenant improvement applicxifions~ No more than 3 working days after receipt of complete application on projects where plan review is required by the City of Meridian. 10. Performance Standards. T1ne following performance standards are expected: a) Every City of Meridian field inspection requested before 8:OOam (MST) shall be performed that business day between 8:OOam and 5:00 pm. If the request is received on a non business day, the inspection will be performed the next business day. All inspection requests will be received as AM or PM (morning or afternoon) for any business day. The inspector shall perfonm all AM/PM inspection requests as such. b) Contractor shall be available in-person for all scheduled in office consultations or meetangs scheduled by City of Meridian employees through the City of Meridian Building Services located at 33 E. Broadway Avenue, Suite 102, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by Building Services through the City of Meridian. Exku'bit •'A" -Page 2 c) If the Contractor desires additional services that are not herein above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 11. Mobile Communications. Contractor will provide its personnel, at its own expense and maintain at their own expense, cellular telephones with voice messaging. Exhibit "A" -Page 3 EXHIBIT "B" Pertormance Expectations for Contract Inspectors An emphasis needs to be placed on the adherencx~ to the City's organizational values. These four values, and corresponding behaviors, were identtfled by the City as significant and vital to the success of the City as a whole. Therefore they are something that you as contractors working for the city are expected to adhere to. ^ Customer Service ^ Accountability ^ Respect ^ Excellence '1. Customer Service: We will respond to customers in a genuine, positive, and timely manner. Interactions will be solution oriented, where staff meets and exceeds expectations by listening to customers and following through on their requests. • Timeliness -Respond to requests in a timely manner. • Smile -Smile and present an open, pol(te, and approachable persona. • Composure -Maintain composure under difficult circumstances. • Information -Share information regarding the customer's comm. • Honesty - Be honest regarding what you dart do in accordance with City guidelines • Ustening - Usten patiently and then summarize your conversation to make sure you fully understand the concern. • Solutions - If you cannot assist the customer, advise them who will address their concern, and route the concern to the appropriate person. • Follow-up -Follow-up with customers. 2. Accountablllty: 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. Acxept responsibility for your actions Actively participate as a team member o Assistance -Assist co-workers when appropriate o Collaboration -Collaborate with others to achieve common goals o Mentoring - Be a positive mentor to those who have less experience -share your knowledge Enjoy your job and do it well o LegaVEthic~l -Make legal and ethical decisions consistent with City guidelines, rules, policies, and procedures. o Update -Provide accurate and current information regarding: work progress and deadlines, expectations and priorities, and acx:omplishments. o Education -Develop personal knowledge through continued training and education on current trends and practices. Provide these opportunities to your staff as appropriate. o Order -Maintain workplacx~ and/or city property in working order. o Reporting - Promptly report supply needs, defective or malfunctioning equipment, and/or damage to City property. o Accept -Accept challenging new tasks. o Attitude - Bring a positive attRude to work. F.xhtbit "i3" -Page 1 3. Respect: We will be trustworthy and courteous. We acknowledge and accept people with diverse opinions and backgrounds. Treat people as you would want to be treated. o Acknowledgment -Acknowledge another's presence even if you can't help them r(ght then. o Fairness -Treat all customers and co-workers fairly and equally. o Politeness -Speak politely and listen to what that person has to say. o Communicate -Communicate with enthusiasm, empathy, and patience. o Gossip -Respect people's privacy - do not gossip or pass information of a confidential nature. o Respect City policies by understanding and taking ownership in those policies. 4. Excellence: We will be professional beyond the parameters of the job while being creative, innovative, flexible, and adaptable to community needs. Demonstrate ability to be creative, innovative, and flexible. o Creativity -Think outside the box to solve problems o Challenge -Meet new challenges and be open to change o Initiative -Take initiative to start and/or recommend projects o Improvement -Increase efficiency as well as effectiveness by looking far ways to improve processes. o Feedback -Provide feedback regarding proposed changes. o Adapt -Make personal adjustments to accommodate changes in your work environment. Acknowledge exemplary behavior and pertormance. Exhibit "B" -Page 2 MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. 6A1 b REQUEST Professional Svcs Contract between DMH Enterprises and the City of Meridian for Plumbing Inspections Services and Plumbing Plan Reviews for Structures Constructed within the City AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Attached Phone: Date: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~i~E IDIAN~- . ~_t~sC IDAHO r ~uiaa Works Department TO: Mayor Tammy de Weerd Members of the City Council (~j FROM: Brent Bjornson -Building Servic~~~G~` DATE: November 9, 2009 SUBJECT: Professional Services Contract for DMH Enterprises (Plambing,~ I. RECOMMENDED ACTION Mayor Tammy de Weerd City Coundl Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba A. Move to: 1. Approve the new professional services contract for DMH Enterprises Inc. and authorize the Mayor to sign and City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Bruce Freckleton, Development Services Manager 489-0362 Brent Bjornson, Building Services Inspection Coordinator 489-0304 III. DESCRIPTION A. Background Building Services has collaboratively worked with the City of Meridian Legal Department to write five new professional services contracts for the contract plan review and inspection consultants in Meridian Building Services. Included are: Structural, Electrical, Plumbing, Fire and Mechanical. Each respective contract holder has recently accepted and signed the new contracts. The collaborative effort was a lengthy process. After work with Legal and meeting with the contract holder additional modifications and adjustments were required with more review, meetings and discussion. Page 1 ojS The contract language was changed to reflect more closely how Building Services is currently operating, as well as new contractual expectations. We met with contract staff several times and are presenting the final product for your review. To that end, each contract is a three year contract beginning October 1, 2008 through September 30, 2011. Essentially, one year is retroactive to 2008. The existing contracts expired September 30, 2008. From that time to the present the consultants have essentially been working under implied contract while the new contracts were being developed. B. Consultant Selection Our consultants have previously served the City of Meridian for many years and contract renewal has been offered to each contract holder once again without competitive open bidding. We feel that this is beneficial for the City for the following reasons: existing working relationships with the building community, and a clear understanding of internal process, databases and staff. In addition, the customer satisfaction survey scores have shown steady increase over the past five years. N. SIGNIFICANT CONTRACT CHANGES A. Strate ig_c Impact• 1. Clarify language in all contracts to gain enhanced field representation, safety, advertising andgublic outreach. a.) This includes safety gear and clothing, business cards, photo identification, prohibition of displaying logos, graphics and advertising while representing the City of Meridian. 2. Add laa°~e to maintain and obtain new certification as rewired by Idaho Code and/or certification for the type of work performed. 3. Consultants shall provide all related code materials necessary to perform Services as required. if the sin a city copy provided is not adequate. a.) 'This change will save the City of Meridian approximately $2,000 every time new reference materials are purchased Page 2 of S Y 4. Appropriation Clause. a.) This was added since the proposal would extend the term of the contract past the city fiscal year end 5. Disaster & Emergency a.) Previously there was no provision for compensation for inspection in this area. We have added $75.00 per hour when and if this occurs. This amount is consistent with the hourly rate provided for in the transition clause of the contracts. 6. Reuortine: All contract employees will report directly to the Building Plans & Inspection Coordinator position which is consistent with the re- oruanizational structure of the Public Works Department. 7. Staffins levels related to plan review, inspection and additional time spent in the office. a.) Contracts were changed to specify that all fast track tenant improvement plan reviews be completed in no more than three working days after receipt of complete application. b.) Contracts were changed to specify morning and afternoon inspection requirement (am or pm), and the 48 hour response language was removed to enhance customer service timelines. c.) Contracts were changed to specify that all contractors be available in person for all scheduled meetings or consultations necessary. 8. Performance Expectations for Contract Inspectors. a.) Exhibit B was added to all contracts to define and provide customer service expectations that are similar to the City of Meridian's values related to customer service, accountability, respect and excellence. b.) Work Hours: Time at the office shall be dedicated to City business only. • Page 3 oj5 • 9. Compensation percen a is a gtroposed change: E 50% up to $100,000 of permit value 40% up to $200,000 of permit value 30% of the remaining permits over $200,000. Proposed Change: 50% up to $100,000 of permit value 40% of the remaining permit value above $100,000 Supporting Data: Existing plumbing percentages have been in place for over ten years. Fuel costs have increased. There is a need for a second inspector when inspection volume increases. Meridian now covers a larger area given the construction volume over the past ten years. Building Services is also requiring inspectors to perform morning and afternoon inspections. Previous language also allowed up to 48 hours to conduct an inspection. The proposed contracts have the 48 hour language removed, thereby providing same day inspection service. In FY2009 the total plumbing permit value was $200,198. The differential impact in compensation, Existing vs. Proposed is as follows: Existing Schedule 50% x $100,000 = $ 50,000 40% x $100,000 = $40,000 30% x $198 = $ 59 $ 90,059 Total FY2009 Impact world have been $20.00 Proposed Schedule 50% x $100,000 = $ 50,000 40% x $ 100,198= $ 40,079 $ 90,079 This o sed char a also brin the DMH contract into consistent PI' Po g ~ Y with the schedules in the other personal service provider contracts. Page 4 oj5 r V. FINANCIAL IMPACT The financial impact is descn`bed in section 9 above and presented as a proposed change. VI. TIME CONSTRAINTS There are no specific time constraints with the review and approval of these five contracts other than to retain the existing services if approved. As stated previously, all five are three year contracts for the time period beginning October 1, 2008 through September 30, 2011. Approval of Division Manager: ~ ~ ~23 ~~9 race Frec ev. Services Manager Date Page S of 5 i , PROFESSIONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: DMH ENTERPRISES, hereinafter "Contractor " 1~ DATED: This ~ day of ~ 2009. PRENIISES: 1. Whereas, the City of Meridian provides plumbing inspection services and plumbing plan reviews for structures constructed within the City of Meridian. Plumbing plan reviews are required to be performed prior to permit issuance for any project deemed necessary by the City of Meridian. 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of DMH Enterprises; and 3. Whereas, the Contractor has been providing such services to the City and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plumbing inspections and plumbing plan reviews. Plumbing plan reviews are required to be performed prior to permit issuance for any project deemed necessary by the City of Meridian NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall became effective on October 1, 2008, and unless earlier terminated or extended, shall expire on or before September 30, 2011. 2. Scope of Services. (a) Contractor shall perform the necessary services in accordance with the schedule as described in Exhibit "A" attached hereto and incorporated herein by reference. (b) Contractor shall also adhere to the performance expectations set forth in Exhibit "B" attached hereto and incorporated herein by this reference. (c) Contractor shall be considered an agent of the City and shall be required to do the following when performing services under this agreement: (i) Display aCity-issued photo identification badge. Contract for Professional Services, DMH Enterprises Page 1 ~. (ii) The City shall provide business cards, at no cost to the Contractor, in a fornnat approved by the City. Business cards shall be available on display in the Meridian Building Services lobby and provided during field inspections as necessary. (iii) While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than DMH Enterprises. (iv) Wear appropriate clothing and safety gear to protect from personal injury. (d) Maintain current certifications as required by Idaho Code or applicable local requirements per Idaho Code section 542627. Each inspector working under z this agreement must have over four (4) years experiegce and certificate of competency and must maintain Intenzational Association of Plumbing and Mechanical Officials certification. 3. Prolutb3ted Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any way related to their duties under this Agreement. Furthermore, when Contractor is occupying a City office, or otherwise working at a City facility, Contractor's time shall be dedicated exclusively to the work contemplated under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. 4. Compliance With Applicable Law and City Policies. (a) Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the State of Idaho Division of Building Safety. (b) Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited policies related to use of City Equipment, Drug and Alcohol Policy, and Safety Policy. 5. Reporting. Contractor agrees to prepare and furnish such.reports and data as maybe required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. Contract for Professional Services, DMH Enterprises Page 2 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for the period specified in the City of Meridian's records retention schedule, or such longer period as maybe required by Idaho Code § 50-907. 7. Payment of Contract and ](nspection Fees shall be made by the l0u' of each month according to the valve placed on the plumbing/ezcavat3on permits and based upon the following pay schedule: (a) 50% of the permit fees for the first $100,000 in permit fees collected annually. (b) 40% of the permit fees above $100,000 in permit fees collected annually. (c) Upon permit fee reconciliation by DMH Enterprises and the City of Meridian collaboratively, if the number of fixtures on a residential permit, or the value of a commercial permit are under or over reported, the difference will be adjusted and added or subtracted to the original permit fee and monies due. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, business cards and clerical staff, as may be necessary for Contractor to carry out the issuance of permits, receiving and distributing inspection requests, public assistance. If the Contractor desires additional services that are not hereinabove provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. One soft-bound copy, with commentary, of all adopted codes will be provided. All other versions of adopted codes (including but not limited to specialty books, loose leaf, and electronic) if desired by contractor, shall be provided at the sole cost and expense of the Contractor. The code reference materials described herein will be located in one central location in Meridian Building Services for all inspection disciplines to utilize. 8. Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If DMH Enterprises ceases to act as the Plumbing Inspector for the City of Meridian, as outlined below, then this contract shall immediately be terminated and become null and void. Contract for Profe~ional Services, DMH Enterprises Page 3 • • • (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as maybe established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building codes and Idaho Administrative Rules. - (vi) If Contractor fails to provide services as set forth in Exlu'bit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exlu'bit "A"; (viii) If Contractor fails to adhere to the performance expectations set forth in Exlu'bit `B" (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for. (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner, (x) If the City Council determines that termination of the contract is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract Contract for Professional Services, DMH Enterprises Page 4 ~, in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. .Designated Plumbing Official DMH Enterprises, acknowledges that Dennis Holte is designated as the licensed Plumbing Inspector with the primary responsibility for providing and performing all dudes required under this contract for the City of Meridian. If for any reason Dennis Holte fails or ceases to continue as the Plumbing Inspector for the City or Meridian, Contractor shall be r~uired to give notice to the City of Meridian. 10. Independent Contractor. Contractor is not an officer or employee of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes . requires as a result of this contract. (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be firrnished by the Contractor, with the exception of the items to be famished by City as set forth in Article 7. (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contract for Professional Services, DMH Enterprises Page 5 . ~ l~ Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written wnsent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective subcontractors, agents, successors and assigns, if any. 12. Transibton. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30} days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15 of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable tone to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein Contract for Professional Services, DMH Enterpricev Page 6 ~, only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACO1tD Form 27), containing a 30-day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occiurence. (e) Worker's Compensation Insurance. Contract shall comply with all applicable Workers' compensation insurance requirements of the State of Idaho. (fl Proof of Insurance. Certificates of Insurance (AC013D Form 27 or equivalent) shall be provided for all required coverages and fiunished to the City Clerk and a copy to the Building Plans and Inspection Coordinator. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising firm the sole negligence of City. 15. • 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 Building Services 33 E. Broadway Avenue Meridian, Idaho 83642 DMH Enterprises 1116 Dawn Drive Boise, Idaho 83713 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. • Contract for Professional Services, DMH Enterprises Page 7 • .', 16. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. 17. Attorney Fees. la the event an action, suit, or proce~ling, including appeal therefrom, is brought for failure to observe any of the terms of this contract, the non- prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proc~ing or appeal. 18. Governing Law; Jurisdicl3on; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada. County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 19. Subject Employers. The Contractor, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 20. Amendments. The terms of this Contract maybe amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 21. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. • Contract for Professional Services, DMH Enterprises Page 8 • • • Dated this ~7 day of 2009. Attest: JAYCE . HOLMAN, CITY CLERK Contract for Professional Services DMH Enterprises DMH ENTERPRISES BY: DENI~TIS HOLTE CITY OF MERIDIAN BY~~~r' TAMMY ERD, MAYOR Page 9 STATE OF IDAHO, ) . ss: County of Ada, ) On this ~~ day of Ne~N>,~-R , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared DENNIS HOLTE, known or identified to me to be the representative of DMH Enterprises., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for DMH Enterprises. IN WITNESS WHEREOF, I have hereunto set my hand and al~iaced my official seal bpd year in this certificate first above written. • ~,~~~G~~, ~.. KQ 1! ~~~. ~~ ~ pva~.~c A~ ~ og ~o~ STATE OF IDAHO, ) . ss: County of Ada, ) Notary lic for Idaho Residing at: dot ~ My Commission Expires: ' ~~~ On this ~+~ day of 1~ oyernb4.V , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and ai~ixed my official seal the day and year in this certificate first above written. .••`•••. (SEAL) ~ .~1CA,~0~•• ,y~>,,,~OTA~p~~,~~: ary Public Idaho Residing ax: ur~w why My Commission Expires: I - ~I • f ~~ `, r~ . •. - • ~ ~'' fir' 1 ~~~s~• Contract for Professional Services, DMH Enterprises Page 10 EXHIBIT ~A" SERVICES TO BE PERFORMED BY DMH ENTERPRISES 1. Computet3zed Permit Tracing Program. Contractor shall perform all data entry related to field inspections into the City of Meridian's computer permit tracking database for all types of plumbing/excavation permit inspection requests received. This shall include specific inspection notes, pass/fail status, final inspection status and include re-inspection entries and specify regular or double re-inspection fees if required. The data entry for every plumbing inspection shall be entered into the tracking database daily. 2. Pnblic Offiice. Contractor shall maintain regular business hours, or be available by telephone and Contractor shall be available in-person for all schedulai in office consultations or meetings scheduled by City of Meridian employees through the City of Meridian Building Services located at 33 E. Broadway Avenue, Suite 102, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by Building Services through the City of Meridian Building Services located at 33 E. Broadway Avenue, Suite 102, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by Building Service4. The City of Meridian agrees to pmvide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to carry out the issuance of permits, receiving and distributing structural uispection requests, public assistance, and/or any other business transactions related to this contract that would need to be conducted by the Building Official. If the Contractor desires additional service4 that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate the requirements of plan review. When plan review is required it shall be performed before permits are issued. 4. Conflicts. Contractor shall report to the Building Plans and Inspection Coordinator any potential conflicts of intermit it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building code provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, including the flood plain ordinance, and other ordinances related to building sites, and building uses. Contractor shall report to the City of Meridian Building Plans and Inspection Coordinator any observed violations of the City's planning and Ex}ubit "A" -Page 2 zoning ordinances, or other ordinances of which Contractor has knowledge as well as the current code adopted by the City of Meridian. 6. Organizataton of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Building Plans and Inspection Coordinator and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Building Plans and Inspection Coordinator. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall provide services as follows: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plaa - -Damage Assessment Annex. City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15a' of the month for billing statements submitted not later than the first day of that month. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel to allow City to provide timely inspections and reviews of building projects in the City. The following performance standards are expected: Commercial plan review: No more than 10 working days after receipt of complete application. Fast track plan reviews (minor tenant improvement applicationsl: No more than 3 working days after receipt of complete application. 10. Performance Standards. The following performance standards are expected: Every City of Meridian field inspection requested before 8:OOam (MS'1~ shall be performed that business day between 8:OOam and 5:00 pm. If the request is received on anon-business day, the inspection will be perfonmed the next Exhibit "A" -Page 3 business day. All inspection requests may be received as AM or PM (morning or afternoon) for any business day. The inspector shall perform all AM/PM inspection requests as such. Contractor shall maintain regular business hours, or be available by telephone and Contractor shall be available in-person for all schedules in office consultations or meetings scheduled by City of Meridian employees through the City of Meridian Building Services located at 33 E. Broadway Avenue, Suite 102, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday tln~ough Friday, except holidays or as determined by Building Services. 11. Mobile Communications. Contractor will provide its personnel, at its own expense and maintain at their own expense, cellular telephones with voice messaging. • • F.xh~bit "A" -Page 4 EXHIBIT "B" Performance Expectations for Contract Inspectors An emphasis needs to be placed on the adherence to the Clt~s organizational values. These four values, and corresponding behaviors, were Identified by the City as significant and vital to the success of the City as a whole. Therefore they are something that you as contractors working for the city are expected to adhere to. ^ Customer Service ^ Acxountability ^ Respect ^ Excellence 1. Customer Servlc®: We will respond to customers in a genuine, positive, and timely manner. Interactions will be solution oriented, where staff meets and exceeds expectations by listening to customers and following through on their requests. • Timeliness -Respond to requests in a timely manner. • Smile -Smile and present an open, polite, and approachable persona. • Composure -Maintain composure under difficult circumstances. • Information -Share information regarding the customer's concern. • Honesty - Be honest regarding what you cen do in accordance with City guidelines • Ustening -Listen patiently and then summarize your conven3ation to make sure you fully understand the concern. • Solutions - If you cannot assist the customer, advise them who will address their conc:em, and route the concern to the approprfate person. • Follow-up -Follow-up with customers. 2. Accourrtablllty: 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. • Accept responsibility for your actions • Actively participate as a team member o Assistance -Assist co-workers when appropriate o Collaboration -Collaborate with others to achieve common goals o Mentoring - Be a positive mentor to those who have less experience -share your knowledge • Enjoy your job and do it well o LegaUEthical -Make legal and ethical decisions consistent with City guidelines, rules, policies, and procedures. o Update -Provide accurate and current information regarding: work progress and deadlines, expectations and priorities, and acxomplishments. o Education -Develop personal knowledge through continued training and education on current trends and practices. Provide these opportunities to your staff as appropriate. o Order -Maintain workplace and/or city property in working order. o Reporting - Promptly report supply needs, defective or malfunctioning equipment, and/or damage to City property. o Accept -Accept challenging new tasks. o Attitude - Bring a positive attitude to work. Exhibit "i3" -Page 1 • 3. Respect: We will be trustworthy and courteous. We acknowledge and accept people with diverse opinions and backgrounds. Treat people as you would want to be treated. o Acknowledgment -Acknowledge another's presence even fi you can't help them right then. o Fairness -Treat all customers and co-workers fairly and equally. o Politeness -Speak politely and listen to what that person has to say. o Communicate - Communicate with enthusiasm, empathy, and patience. o Gossip -Respect people's privacy - do not gossip or pass information of a confidential nature. o Respect City policies by understanding and taking ownership in those policies. • 4. Excellence: We will be professional beyond the parameters of the job while being creative, innovative, flexible, and adaptable to community needs. Demonstrate ability to be creative, innovative, and flexible. o Creativity -Think outside the box to sohre problems o Challenge -Meet new challenges and be open to change o Initiative -Take initiative to startand/or recommend projects o Improvement -Increase efficiency as well as effectiveness by looking for ways to improve processes. o Feedback -Provide feedback regarding proposed changes. o Adapt -Make personal adjustments to acxxsmmodate changes in your work environment Acknowledge exemplary behavior and pertormance. Exhibit "B" -Page 2 MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. 6A1 c REQUEST Professional Svcs Contract between RIMI, Inc. and the City of Meridian for Mechanical Inspection Services and Mechanical Plan Review for Structures Constructed within the City AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: See Attached CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. ~~i~E IDIAN~- ~11b~C I D A H O ~orl~s Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent Bjornson -Building Services~~ DATE: November 9, 2009 SUBJECT: Professional Services Contract for RIIVII Inc. (Mechawtcal) I. RECOMMENDED ACTION Mayor Tammy de Weerd City Coundl Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba A. Move to: 1. Approve the new professional services contract for 1tIMI Inc., and authorize the Mayor to sign and City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Bruce Freckleton, Development Services Manager 489-0362 Brent Bjornson, Building Services Inspection Coordinator 489-0304 III. DESCRIPTION A. Background Building Services has collaboratively worked with the City of Meridian Legal Department to write five new professional services contracts for the contract plan review and inspection consultants in Meridian Building Services. Included are: Structural, Electrical, Plumbing, Fire and Mechanical. Each respective contract holder has recently accepted and signed the new contracts. The collaborative effort was a lengthy process. After work with Legal and meeting with the contract holder additional modifications and adjustments were required with more review, meetings and discussion. Page l of 4 The contract language was changed to reflect more closely how Building Services is currently operating, as well as new contractual expectations. We met with contract staff several times and are presenting the final product for your review. To that end, each contract is a three year contract beginning October 1, 2008 through September 30, 2011. Essentially, one year is retroactive to 2008. The existing contracts expired September 30, 2008. From that time to the present the consultants have essentially been working under implied contract while the new contracts were being developed. B. Consultant Selection Our consultants have previously served the City of Meridian for many years and contract renewal has been offered to each contract holder once again without competitive open bidding. We feel that this is beneficial for the City for the following reasons: existing working relationships with the building community, and a clear understanding of internal process, databases and staff. In addition, the customer satisfaction survey scores have shown steady increase over the past five years. 1V. SIGNIFICANT CONTRACT CHANGES A. Strategic Impact: 1. Clarify lanauaae in all contracts to gain enhanced field representation, safety, advertisingLand public outreach. a.) This includes safety gear and clothing, business cards, photo identification, prohibition of displaying logos, graphics and advertising while representing the City of Meridian. 2. Add languaue to maintain and obtain new certification as required by Idaho Code and/or certification for the tune of work performed. 3. Consultants shall provide all related code materials necessary to perform Services as required, if the single cit~copy,nrovided is not adequate. a.) This change will save the City of Meridian approximately $2,000 every time new reference materials are purchased. Page 2 of 4 4. Appropriation Clause. a.) This was added since the proposal would extend the term of the contract past the city fiscal year end. 5. Disaster & Emer~encY a.) Previously there was no provision for compensation for inspection in this area. We have added $75.00 per hour when and if this occurs. This amount is consistent with the hourly rate provided for in the transition clause of the contracts. 6. Reporting: All contract employees will report directly to the Buildin Pg lens Inspection Coordinator position which is consistent with the re- or tional structure of the Public Works D atmnent. 7. Staffing levels related to plan review. inspection and additional time spent in the office. a.) Contracts were changed to specify that all fast track tenant improvement plan reviews be completed in no more than three working days after receipt of complete application. b.) Contracts were changed to specify morning and afternoon inspection requirement (am or pm), and the 48 hour response language was removed to enhance customer service timelines. c.) Contracts were changed to specify that all contractors be available in person for all scheduled meetings or consultations necessary. 8. Performance Expectations for Contract Inspectors. a») Exhibit B was added to all contracts to define and provide customer service expectations that are similar to the City of Meridian's values related to customer service, accountability, respect and excellence. b.) Work Hours: Time at the office shall be dedicated to City business only. Page 3 of 4 • V. FINANCIAL IMPACT Payment of Contract and Inspection Fees shall be made by the 10`~ of each month according to the value placed on the building permits and based upon the following pay schedule: a.) 75% of the permit fees for the first $30,000 in permit fees collected annually. b.) 60% of the permit fees over $30,000 to $45,000 in permit fees collected annually. c.) 50% of the permit fees between $45,000 to $60,000 in permit fees collected annually. d.) 40% of the permit fees over $60,000 in permit fees collected annually The above schedule has not changed fiom that of previous contract. • VI. TIME CONSTRAINTS There are no specific time constraints with the review and approval of these five contracts other than to retain the existing service4 if approved. As stated previously, all five are three year contracts for the time period beginning October 1, 2008 through September 30, 2011. • Approval of Division Manager: ~ ~ ~~~ ~~4 Bruce Freckl Dev. Services Manager Date Page 4 of 4 • J • PROFESSIONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: RIMI Inc., an Idaho corporation, hereinafter "Contractor.°' DATED: This ~ day of `LJ~ 2009. PRENIISES: 1. Whereas, the City of Meridian provides mechanical inspection services and mechanical plan reviews for structures constructed within the City of Meridian. Mechanical plan reviews are required to be performed prior to permit issuance for any project deemed necessary by the City of Meridian. 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of ItIlVII, Inc.; and 3. Whereas, the Contractor has been providing such services to the City and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct mechanical inspections and mechanical plan reviews. Mechanical plan reviews are required to be performed prior to permit issuance for any project deemed necessary by the City of Meridiaa. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on October 1, 2008, and unless earlier terminated or extended, shall expire on or before September 30, 2011. 2. Scope of Servitces. (a) Contractor shall perform the necessary services in accordance with the schedule as described in Exlu'bit "A" attached hereto and incorporated herein by reference. (b) Contractor shall also adhere to the performance expectations set forth in Exhibit "B" attached hereto and incorporated herein by this reference. (c) Contractor shall be considered an agent of the City and shall be r~uu ed to do the following when performing services under this agreement: (i) Display aCity-issued photo identification badge. Contract for Professional Services, RIMI, Inc. Page 1 r I (ii) The City shall provide business cards, at no cost to the Contractor, in a format approved by the City. Business cards shall be available on display in the Meridian Building Services lobby and provided during field inspections as necessary. (iii) While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other thaw RIMI, Inc. (iv) Wear appropriate clothing and safety gear to protect from personal injury. (d) Maintain current certifications as required by Idaho Code or applicable local requirements per Idaho Code section 545021. Each inspector working under this agreement must be certified by the International Code Council as a Commercial Mechanical Inspector and Residential Mechanical Inspector. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any way related to their duties under this Agreement. Furthermore, when Contractor is occupying a City office, or otherwise working at a City facility, Contractor's time shall be dedicated exclusively to the work contemplated under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. 4. Compliance With Applicable Law and City Policies. (a) Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the State of Idaho Division of Building Safety. (b) Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited policies related to use of City Equipment, Drug and Alcohol Policy, and Safety Policy. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as maybe required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information fiunished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. Contract for Professional Services, RIMI, Inc. Page 2 r e 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, .facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for the period specified in the City of Meridian's records retention schedule, or such longer period as maybe required by Idaho Code § 50-907. 7. Payment of Contract and Inspectlon Fees shall be made by the 10th of each month according to the valae placed on the mechanical permits and based upon the following pay schedule: (a) 75% of the permit fees for the first $30,000 in permit fees collected annually. (b) 60% of the permit fees over $30,000 to $45,000 in permit fees collected annually. (c) 50% of the permit fees between $45,000 to $60,000 in permit fees collected annually (d) 40% of the permit fees over $60,000 in permit fees collected annually The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, business cards and clerical support, as maybe necessary to assist contractor in the issuance of permits, receiving and distributing mechanical inspection requests and public assistance. The contractor shall support and enforce all adopted codes within the City of Meridian as well as the regulation of design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use of, maintenance of HVAC systems, and collection of fees, and to catty out all of the regulations, provisions, conditions and terms of the International Mechanical Code and other adopted state or local codes and/or other business transactions that would need to be conducted by the Mechanical Inspector that are directly related to providing services under this Contract. One soft-bound copy, with commentary, of all adopted codes will be provided. All other versions of adopted codes (including but not limited to specialty books, loose leaf, and electronic) as desired by contractor, shall be provided at the sole cost and expense of the Contractor. The code reference materials described herein will be located in one central location in Meridian Building Services for all inspection disciplines to utilize. • Contract for Professional Services,ltIMI, Inc. Page 3 • 8. Termination (a) All or part of this contract maybe terminated by mutual consent of both parties in writing. (b) If RIMI, Inc. ceases to act as the Mechanical Inspector for the City of Meridian, as outlined below, then this contract shall immediately be terminated and become null and void (c) In addition, City may terninate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: • • (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor, (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws aad rules, including applicable building codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor fails to adhere to the penforniance expectations set forth in Exhibit `B" (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: (a) failure to provide services specified on Exhibit "A"; or(b) perform their duties in a courteous and professional manner, (x) If the City Council determines that termination of the conttact is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. Contract for Professional Services, RIMI, Inc. Page 4 (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided bylaw or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Mechanical Official ltIlViI, Inc., acknowledges that Terry Medley is designated as the Mechanical Inspector with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Terry Medley fails or ceases to continue as the Mechancal Inspector for the City or Meridian, Contractor shall be required. to give notice to the City of Meridian. 10. Independent Contractor. Contractor is not an officer or employee of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state takes required as a result of this contract. (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. • Contract for Professional Services,lZIMI, Inc. Page 5 (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, with the exception of the items to be famished by City as set forth in Article 7. (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assigatnent, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective subcontractors, agents, successors and assigns, if any. 12. Transil3on. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after teanination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15s' of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insarance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, ax all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for properly damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be Contract for Professional Services,lZIMI, Inc. Page 6 afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insared. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACOIZD Form 27), containing a 30-day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Lnsurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contract shall comply with all applicable Workers' compensation insurance requirements of the State of Idaho. (fj Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to the City Clerk and a copy to the Building Plans and Inspection Coordinator. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all cleans, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold ham~less and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. 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 Building Services 33 E. Broadway Avenue Meridian, Idaho 83642 Contract for Profe~ional Services,ltiMI, Inc. Page 7 IZIMI, IIIC. 1105 NW Bluegrass Circle Mountain Home, Idaho 83647 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. 16. Nondiscrlminatlon. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. 17. Attorney Fees. In the event an action, suit, or proce~ing, including appeal therefrom, is brought for failure to observe any of the terms of this contact, the non- prevailingparty shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 18. Governing Law; Jnrisdicbton; Venae. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada. County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the Umted States Drstnct Court for Idaho. 19. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contact are subject employers under the Idaho Worker's Compensation Iaw and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 20. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 21. Severabil~tty. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contact that results in the invalidity of any part, shall not affect the remainder of this Contract. • Contract for Professional Services,ltIMI, Inc. Page 8 Dated this 2 3 day of ~~~ ~ ~~ .2009. RIIVII, INC. .'~~~ ~~ SY. TERRY DLEY CITY OF MERIDIAN /~ BY: TAMMY ERD, MAYOR • • Attest: AYC L. HOLMAN, CITY CLERK On this ~3 day of {~ , 2009, before me, the undersigned, a Notary Public in and for said. State, personally appeared TERRY MEDLEY, known or identified to me to be the representative of RIMI, Inc., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for RIMI, Inc. STATE OF IDAHO, ) . ss: County of Ada, ) rte' IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal ,....... ~~d'~~~nd~+~.in this certificate first above written. ~' ~ ., a~,.~~TARk ~9'Z ~°uB~1G ~~'~.~ O~ 19~~ Notary blic for Idaho Residing at: l~ >Q7t. ~ t tD My Commission Expires: y ~ 1- ~ ~ STATE OF IDAHO, ) . ss: County of Ada, ) Contract for Professional Services, RIMI, Inc. Page 9 }~, On this a ~-(- day of ~ ~ev-~, 2009, before me, the undersignal, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) • s • OF IDS r l~`~ -I-G'3"~o~ Notary Public forYdaho Residing at• 1~5~~-l rlaitio My Commission Expires: - - I • • Contract for Professional Services, RIMI, Inc. Page 10 EX)EIIBIT ~A" SERVICES TO BE PERFORMED BY RIlVII, INC. 1. Computerized Permit Tracking Program. Contractor shall perform all data entry related to field inspections into the City of Meridian's computer permit tracking database for all types of mechanical permit inspection requests received. This shall include specific inspection notes, pass/fail status, final inspection status and include re-inspection entries and specify regulaz or double re-inspection fees if r~uired. The data entry for every mechanical inspection shall be entered into the tracking database daily. 2. Public Office. Contractor shall maintain regulaz business hours and/or be available by telephone, located at 33 E. Broadway Avenue, Suite 102, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by Building Services through the City of Meridian. 3. Coordinatlon. Contractor shall mutually coordinate any required plan reviews with the City Planning officials and Public Works officials. Field inspections will verify and incorporate the requirements of plan review. When plan review is required it shall be performed before permits aze issued. 4. Conflicts. Contactor shall report to the Building Plans and Inspection Coordinator any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building code provisions as maybe codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, including the flood plain ordinance, and other ordinances related to building sites, and building uses. Contractor shall report to the City of Meridian Building Plans and Inspection Coordinator any observed violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge as well as the current code adopted by the City of Meridian. 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Building Plans and Inspection Coordinator and updated in writing as any changes aze made. Exhibit "A" -Page 2 7. Performance of Services and Dudes. Contractor shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of rts personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Building Plans and Inspection Coordinator. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall provide services as follows: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - -Damage Assessment Annex. City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel infon~nation, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15a' of the month for billing statements submitted not later than the first day of that month. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel to allow City to provide timely inspections and reviews of building projects in the City. The following performance standards are expected: Commercial plan review: No more than 10 working days after receipt of complete application where plan review is required by the City of Meridian. Tenant Improvement plan review: No more than 5 working days after receipt of complete application where plan review is required by the City of Meridian Fast track plan reviews (minor tenant improvement applicationsZ No more than 3 working days after receipt of complete application where plan review is required by the City of Meridian 10. Performance Standards. The following performance standards are expected: a) Every City of Meridian field inspection requested before 8:OOam (MST) shall be performed that business day between 8:OOam and 5:00 pm. If the request is received on anon-business day, the inspection will be performed the next business day. All inspection Exhibit "A" -Page 3 requests will be received as AM or PM (morning or afternoon) for any business day. The inspector shall perform all AM/PM inspection requests as such. b) Contractor shall be available in-person for all scheduled in office consultations or meetings scheduled by City of Meridian employees through the City of Meridian Building Services located ax 33 E. Broadway Avenue, Suite 102, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by Building Services through the City of Meridian. c) If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 11. Mobile Commanicatlons. Contractor will provide its personnel, at its own expense and maintain at their own expense, cellular telephones with voice messaging. • Exhibit "A" -Page 4 EJ(HIBIT "B" Performance Expectations for Contract Inspectors An emphasis needs to be placed on the adherence to the City's organizational values. These four values, and corresponding behaviors, were identified by the City as significant and vital to the success of the City as a whole. Therefore they are something that you as contractors working for the city are expected to adhere to. ^ Customer Seniice ^ Accountability ^ Respect ^ Excellence 1. Customer Service: We will respond to customers in a genuine, positive, and timely manner. Interactions will be solution oriented, where staff meets and exceeds expectations by listening to customers and following through on their requests. • Timeliness -Respond to requests in a timely manner. • Smile -Smile and present an open, polite, and approachable persona • Composure -Maintain composure under difficuR circumstances. • Information -Share information regarding the customer's concern. • Honesty - Be honest regarding what you can do in accordance with City guidelines • Listening -Listen patiently and then summarize your conversation to make sure you fully understand the ~ncem. • Solutions - If you cannot assist the customer, advise them who will address their concern, and route the concern to the appropriate person. • Follow-up -Follow-up with customers. 2. 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. • Accept responsibility for your actions • Actively participate as a team member o Assistance -Assist coworkers when appropriate o Collaboration -Collaborate with others to achieve common goals o Mentoring - Be a positive mentor to those who have less experience -share your knowledge • Enjoy your job and do ft well o LegaVEthical -Make legal and ethical decisions consistent with City guidelines, rules, policies, and procedures. o Update -Provide accurate and current information regarding: work progress and deadlines, expectations and priorities, and accomplishments. o Education -Develop personal knowledge through continued training and eduction on current Vends and practices. Provide these opportunities to your staff as appropriate. o Order -Maintain workplace and/or city property in working order. o Reporting - Promptly report supply needs, defective or malfunctioning equipment, and/or damage to City property. o Accept - Acxept challenging new tasks. o Attitude - Bring a positive attitude to work. Exhibit "B" -Page 1 3. Respect: We will be trustworthy and courteous. We acknowledge and acxept people with diverse opinions and backgrounds. Treat people as you would want to be treated. o Acknowledgment -Acknowledge another's presence even if you can't help them right then. o Fairness -Treat all customers and co-workers fairly and equally. o Politeness -Speak politely and listen to what that person has to say. o Communicate -Communicate with enthusiasm, empathy, and patience. o Gossip -Respect people's privacy - do not gossip or pass information of a confidential nature. o Respect City policies by understanding and taking ownership in those policies. 4. F~cceilence: We will be professional beyond the parameters of the job while being creative, Innovative, flexible, and adaptable to community needs. • Demonstrate ability to be creative, innovative, and flexible. o Creativity -Think outside the box to solve problems o Challenge -Meet new challenges and be open to change o Initiative -Take initiative to start and/or recommend projects o Improvement -Increase efficiency as well as effectivveness by looking for ways to improve processes. o Feedback -Provide feedback regarding proposed changes. o Adapt -Make personal adjustments to accommodate changes in your work environment. • Acknowledge exemplary behavior and pertomtance. Exhibit "8" - Fage 2 MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. 6A1 d REQUEST Professional Svcs Contract between Whitman & Assoc. and the City of Meridian for Building Inspection Services and Plan Review for Structures Constructed within the City AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Merldtan. ~~i~E IDIAN . ~L~C IDAFIO ~J ~iTorks Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent Bjornson -Building Services~~~ DATE: November 9, 2009 Mayor Tammy de Weerd City toundl Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Professional Services Contract for Whitman & Associates (Structural) I. RECOMMENDED ACTION A. Move to: 1. Approve the new professional services contract for Whitman & Associates, and authorize the Mayor to sign and City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Bruce Freckleton, Development Services Manager 489-0362 Brent Bjornson, Building Services Inspection Coordinator 489-03(?4 III. DESCRIPTION A. Background Building Services has collaboratively worked with the City of Meridian Legal Department to write five new professional services contracts for the contract plan review and inspection consultants in Meridian Building Service4. Included are: Structural, Electrical, Plumbing, Fire and Mechanical. Each respective contract holder has recently accepted and signed the new contracts. The collaborative effort was a lengthy process. After work with Legal and meeting with the contract holder additional modifications and adjustments were required with more review, meetings and discussion. Page 1 of 4 The contract language was changed to reflect more closely how Building Services is currently operating, as well as new contractual expectations. We met with contract staff several times and are presenting the final product for your review. To that end, each contract is a three year contract beginning October 1, 2008 through September 30, 2011. Essentially, one year is retroactive to 2008. The existing contracts expired September 30, 2008. From that time to the present the consultants have essentially been working under implied contract while the new contracts were being developed. B. Consultant Selection Our consultants have previously served the City of Meridian for many years and contract renewal has been offered to each contract holder once again without competitive open bidding. We feel that this is beneficial for the City for the following reasons: existing working relationships with the building community, and a clear understanding of internal process, databases and staff. In addition, the customer satisfaction survey scores have shown steady increase over the past five years. N. SIGNIFICANT CONTRACT CHANGES A. Strategic Impact: 1. Clarify language in all contracts to gain enhanced field representation safety advertising and public outreach. a») This includes safety gear and clothing, business cards, photo identification, prohibition of displaying logos, graphics and advertising while representing the City of Meridian. 2. Add language to maintain and obtain new certification as required by Idaho Code and/or certification for the type of work performed. a,) We have required Daunt Whitman to obtain an International Code Council Plans Examiner certification This certification is greater than the minimum requirement of the State of Idaho. We feel this will benefit the city since he performs residential and tenant improvement plan review. • Page 2 oj4 3.. Consultants shall provide all related code materials necessary to perform Services as required. if the sin a city copyprovided is not adequate. a.) This change will save the City of Meridian approximately $2,000 every time new reference materials aze purchased. 4. Appropriation Clause. a.) This was added since the proposal would extend the term of the contract past the city fiscal yeaz end. 5. Disaster & Emergency., a.) Previously there was no provision for compensation for inspection in this area. We have added $75.00 per hour when and if this occurs. This amount is consistent with the hourly rate provided for in the transition clause of the contracts. 6. Reporting: All contract employees will report directly to the Building Plans & Inspection Coordinator position which is consistent with the re- organizational structure of the Public Works Department. 7. Staging levels related to plan review, inspection and additional time agent in the office. a.) Contracts were changed to specify that all fast track tenant improvement plan reviews be completed in no more than three working days after receipt of complete application. b.) Contracts were changed to specify morning and afternoon inspection requirements (am or pm), and the 48 hour response language was removed to enhance customer service timelines. c.) Contracts were changed to specify that all contractors be available in person for all scheduled meetings or consultations necessary. 8. Performance Expectations for Contract Insuectors. a.) Exlu'bit B was added to all contracts to define and provide customer service expectations that are similaz to the City of Meridian's values related to customer service, accountability, respect and excellence. b.) Work Hours: Time at the office shall be dedicated to City business only. • Page 9 of 4 .. V. FINANCIAL IMPACT Payment of Contract and Inspection Fees shall be made by the 10a` of each month according to the value placed on the building permits and based upon the following pay schedule: a.) 40% of the permit fees for the first $100,000 in peanit fees collected annually. b.) 25% of the permit fees over $100,000 collected annually. c.) The Contractors percentage for any permit issued for a structure valued at more than $2,000,000 shall be negotiable between the City of Meridian and the Contractor. d.) 85% of re-inspection fees collected. e.) 40% of plan review fees collected. The above schedule has not changed from that of previous contract. • VI. TIME CONSTRAINTS There are no specific time constraints with the review and approval of these five contracts other than to retain the existing services if approved. As stated previously, all five are three year contracts for the time period beginning October 1, 2008 through September 30, 2011. Approval of Division Manager. ~ I ~ 23 IO 5 Bruce eckleton, ev. Services Manager Date t Page 4 of 4 i„~_ .~ J 8zz~ ~ Bu~-~y ct. B'o~es ID 83709 sz/s/o9 To whom rt nay Concern: as the contract holder with The City of noeridian t have responsibility for plan review and inspections. t currently use the services of Rick Jackson, vBa Greene Fire Protection, for my commercial plan reviews. t am contracting with sieve Pierson, vBA .TB.TS (sdaho Building inspection services} for the commercial and residential inspections. eoth contractors have been providing services•to my business in previous years and are certified in their respective disciplines: They are aware of timelines in contract with The city and have been able to maintain them consistently. our intent is to provide a service that represents The city of Meridian in zhe most consistent and professional manner as possible. • sincerely, • vaunt Whitman President Whitman & assoc. rnc. • .,•_ .-~s E IDIAN- !®AHQ Meridian Building Sewices . McHdian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Ph: (208) 887-2211 Fax: (208) 887-1297 www. merldiancity. org November 11, 2009 Daunt Whitman 8124 W. Blackberry Ct. Boise, Idaho 83709 Daunt, • i have received and hereby acknowledge your letter dated 11/5/2009 In which you have stated the sub contract working relationships you currently maintain while serving the City of Meridian. Your letter serves as your Intent per page 6 section 11 of your Personal Services Contract for the effort of work in this contract that you are having others perform. This Personal Services Contract was signed and notarized on October 22, 2009 by yourself and the C)ty of Meridian City Clerks Office. Sincerely, Brent A Bjornson Meridian Building Services 33 E. Broadway Street # 102 Meridian, Idaho 83642 t PROFESSIONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City' AND: & ASSOCIATES Inc., an Idaho corporation, hereina~ftler "Contractor." DATED: This L7~day of 2009. PREMISES: 1. Whereas, the City of Meridian provides building inspection services and plan reviews for structures constructed within the City of Meridian; and Z. Whereas, the City desires to facilitate the provision of those services by using the personal services of Whitman 8c Associates, Inc.; and 3. Whereas, the Contractor has been providing such services to the City and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and building inspecrions. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on October 1, 2008, and unless earlier terminated or extended, shall expire on or before September 30, 2011. 2. Scope of Services. (a) Contractor shall perform the necessary services in accordance with the . schedule as described in Exhibit "A" attached hereto and incorporated herein by reference. (b) Contractor shall also adhere to the performance expectations set forth in Exhibit "B" attached hereto and incorporated herein by this reference. (c) Contractor shall be considered an agent of the City and shall be required to do the following when performing services under this agreement: (i) Display aCity-issued photo identification badge. • (ii) The City shall provide business cards, at no cost to the Contractor, in a format approved by the City. Business cards shall be available on display in the Meridian Building Services lobby and provided during field inspections as necessary. Contract for Professional Services, Whitman & Associates, Inc. Page 1 (ii) While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than Whitman & Associates, Inc., (iv) Wear appropriate clothing and safety gear to protect from personal injury. (d) Maintain current certifications as required by Idaho Code or applicable local requirements. Municipal structural inspectors are required to be certified as a Building Inspector or Plans Examiner issued by the ICC per Idaho Code section 39-4108. Each stntctural inspector working under this agreement must be certified as Residential and Commercial Building Inspectors issued by the International Code Council. Daunt Whitman (designated Building Official) shall maintain current certifications with the International Code Council as a Commercial Building Inspector and Residential Building Inspector. Within six (~ months of the contract date on page one of this contract, Daunt Whitman shall possess certification as a Building Plans Examiner issued by the International Code Council. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any way relaxed to their duties under this Agreement. Furthermore, when Contractor is occupying a City office, or otherwise working at a City facility, Contractor's time shall be dedicated exclusively to the work contemplated under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. 4. Compliance With Applicable Law and City Policies. (a) Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the Staxe of Idaho Division of Building Safety. (b) Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited policies related to use of City Equipment, Drug and Alcohol policy, and safety Policy. 5. Reporting. Contractor agrees to prepare and furnish such reports and daxa as maybe required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or daxa which comes into possession of Contractor in connection Contract for Professional Services, Whitman 8c Associates, Inc. Page 2 with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and sha11 be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for the period specified in the City of Meridian's records retention schedule, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be made by the l0a' of each month according to the valve placed on the building permits and based upon the following pay schedule: (a) 40% of the permit fees for the first $100,000 in permit fees collected annually. (b) 25% of the permit fees over $100,000 collected annually. (c) The Contractors percentage for any permit issued for a structure valued at more than $2,000,000 shall be negotiable between the City of Meridian and the Contractor. (d) 85% of re-inspection fees collected. (e) 40% of plan review fees collected. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, business cards and clerical staff, as maybe necessary for Contractor to carry out the issuance of permits, receiving and distributing inspection requests, public assistance. If the Contractor desires additional services that are not hereinabove provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. One soft-bound copy, with commentary, of all adopted codes will be provided. All other versions of adopted codes (including but not limited to specialty books, loose leaf; and electronic) if desired by contractor, shall be provided at the sole cost and expense of the Contractor. The code reference materials described herein will be located in one central location in Meridian Building Services for all inspection disciplines to utilize. • Contract for Professional Services, Whitman & Associates, Inc. Page 3 8. Termination (a) All or part of this contract maybe terminated by mutual consent of both parties in writing. (b) If Daunt Whitman ceases to act as the Building Official for the City of Meridian, as outlined below, then this contract shall immediately be terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or ax such later date as maybe established by City under the following conditions: • • (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor, (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building codes and Idaho Administrative Rules. (vi) I£ Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor fails to adhere to the performance expectations set forth in Exhibit "B" (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for. (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner, (x) If the City Council determines that termination of the contract is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as maybe required for City to continue to perform its obligations under this agreement. Contract for Professional services, Whitman & Associates, Inc. Page 4 (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Building OffciaL Whitman & Associates, Inc, acknowledges that Daunt Whitman is designated as the Building Official for the City of Meridian with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian If for any reason Daunt Whitman fails or ceases to continue as the Building Official for the City of Meridian, Contractor shall be required to give notice of the City of Meridian. 10. Independent Contractor. Contractor is not an officer or employee of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract: (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacafion, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. • Contract for Professional Services, Whitman & Associates, Inc. Page 5 {d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, with the exception of the items to be fiunished by City as set forth in Article 7. (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor sha11 not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective subcontractors, agents, successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as ate requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (~ecorded inone-quarter hour increments). Payment will be made no later than the 15 of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bon .ding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the ;n~,~„~ company of the insurance policy referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability;nc~,rance. Contractor will be Contract for Professional Services, Whitman & Associates, Inc. Page 6 afforded a reasonable time to obtain ;n~rance. ff Contractor can not obtain insunance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced. by a Certificate of Insurance, issued by an +n~~*ance company licensed to do business in the State of Idaho (ACO1tD Form 27), containing a 30-day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability ;n~r9,n~ for the services under this contract in an amount not less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contract shall comply with all applicable Workers' compensation insurance requirements of the State of Idaho. (f) Proof of Insurance. Certificates of Insurance (ACO1tD Form 27 or equivalent) shall be provided for all required coverages and furnished to the City Clerk and a copy to the Building Plans and Inspection Coordinator. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless.and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. 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, retina receipt requested, addressed as follows: City of Meridian Building Services 33 E. Broadway Avenue Meridian, Idaho 83642 Contract for Professional Services, Whitman & Associates, Inc. Page 7 Whitman & Associates 8124 w. Blackberry court Boise, Idaho 83709 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 16. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. 17. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the tenors of this contract, the non prevailing party sha11 be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 18. Governing Law; Jurisdiction; Venue. This contract shall be governed aad construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 19. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 20. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which maybe necessary from time to time to incorporate changes or provisions required by law or the Division. 21. Severability. The tens of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. • Contract for Professional Services, Whitman & Associates, Inc. Page 8 • Dated this ~ day of J`/a yewtl~ef- , Zoo9. WHITMAN & ASSOCIATES, INC. .. BY: DAUNT ,PRESIDENT CITY OF MERIDIAN BY: TAIVIMY d ,MAYOR Attest: JAYC L. HOLMAN, CITY CLERK • STATE OF IDAHO, ) . ss: County of Ada, ) On this Z3'~ day of Y ` .2009, before me, the undersigned, a Notary Public in and for said State, personally appeared DAUNT WHITMAN, known or identified to me to be the President of Whitman & Associates, Inc., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for Whitman & Associates, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal '~G~~c~ay ~n `year in this certificate first above written. ., ~_~.-1_ Notary lic for Idaho v, pu84~~ Residing at• ~o ~;Q ~ l~ ~~ Con or Professional Services, Whitman & Associates, Inc. Page 9 • STATE OF IDAHO, ) . ss: County of Ada, ) My Commission Expires: ~ JaZ~ ~ .rh `` 11 On this ~~ - day of l~lbVQ.MbtJl , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed. to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) .: ITE v` ~• • •~.~• . ~ No Public for o Residing at: ICv ha , I ~ atio My Commission Expires: I - y - 1 Ll Contract for Professional Services, Whitman & Associates, Inc. Page 10 EI~IBIT "A~' SERVICES TO BE PERFORMED BY WHITMAN & ASSOCIATES, INC. 1. Computerized Permit Tracking Program. Contractor shall perform all data entry related to field inspections into the City of Meridian's computer permit tracking database for all types of building permit inspection requests received. This shall include specific inspection notes, pass/fail status, final inspection status and include re-inspection entries and specify regular or double re-inspection fees if required. The data entry for every building inspection shall be entered into the tracking database daily. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, and Contractor shall be available in-person for all scheduled in office consultations or meetings scheduled by City of Meridian employees through the City of Meridian Building Services located at 33 E. Broadway Avenue, Suite 102, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as deterniined by Building Services through the City of Meridian Building Services located at 33 E. Broadway Avenue, Suite 102, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by Building Services. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as maybe necessary for Contractor to carry out the issuance of permits, receiving and distributing structural inspection requests, public assistance. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost aad expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate the requirements of plan review. Plan review shall be performed before permits are issued. 4. Conflicts. Contractor shall report to the Building Plans and Inspection Coordinator any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building code provisions as maybe codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, including the flood plain ordinance, and other ordinances related to building sites, and building uses. Contractor shall report to the City of Meridian Building Plans and Inspection Coordinator any observed violations of the City's planning and F.xht'bit "A" -Page 1 zoning ordinances, or other ordinances of which Contractor has knowledge as well as the current code adopted by the City of Meridian. 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Building Plans and Inspection Coordinator and updated in writing as any changes are made. 7. Performance of Services aad Duties. Contractor, who is the Building Official, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Building Plans and Inspection Coordinator. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall provide services as follows: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - -Damage Assessment Annex. City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15~' of the month for billing statements submitted not later than the first day of that month. At the discretion of the City, any state and federal financial assistance to the City for the above.services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of building projects in the City. The following performance standards are expected: New Commercial plan review: No more than 10 working days after receipt of complete application. Residential buildingpermits/plan review: No more than 10 working days after receipt of complete application. Exlu'bit "A" -Page 2 Tenant Improvement Plan Review: No more than 7 working days after receipt of complete application. Fast track plan reviews (minor tenant improvement applications No more than 3 working days after receipt of complete application. 10. Performance Standards. Every City of Meridian field inspection requested before B:OOam (MST) shall be performed that business day between 8:OOam and 5:00 pm. If the request is received on a non business day, the inspection will be performed the next business day. All inspection requests may be received as AM or PM (morning or afternoon) for any business day. The inspector shall perform all AM/PM inspection requests as such. Contractor shall maintain regular business hours, or be available by telephone and Contractor shall be available in-person for all scheduled in office consultations or meetings scheduled by City of Meridian employees through the City of Meridian Building Services located at 33 E. Broadway Avenue, Suite 102, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by Building Services. 11. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. • Exhibit "A" -Page 3 EXHIBIT "B" Performance Expectations for Contract Inspector An emphasis needs to be placed on the adherence to the City's organizational values. These four values, and corresponding behaviors, were identified by the City as significant and vital to the success of the City as a whole. Therefore they are something that you as contractors working for the city are expected to adhere to. ^ Customer Service ^ Accountability ^ Respect ^ Excellence 1. Customer Service: We will respond to customers in a genuine, positive, and timely manner. Interactions will be solution oriented, where staff meets and exceeds expectations by listening to customers and following through on their requests. • Timeliness -Respond to requests in a timely manner. • Smile -Smile and present an open, polite, and approachable persona. • Composure -Maintain composure under difficult circumstances. • Information -Share information regarding the customer's concern. • Honesty - Be honest regarding what you can do in accordance with City guidelines • Listening -Listen patiently and then summarize your conversation to make sure you fully understand the concern. • Solutions - If you cannot assist the customer, advise them who will address their concern, and route the concern to the appropriate person. • Follow-up -Follow-up with customers. 2. 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. • Accept responsibility for your actions • Actively participate as a team member o Assistance = Assist caworkers when appropriate o Collaboration -Collaborate with others to achieve common goals o Mentoring - Be a positive mentor to those who have less experience -share you"r knowledge • Enjoy your job and do it well o Legal/Ethical -Make legal and ethit~l decisions consistent with City guidelines, rules, policies, and procedures. o Update -Provide accurate and current information regarding: work progress and deadlines, expectations and priorities, and acxomplishments. o Education, -Develop personal knowledge through continued training and education on current trends and practices. Provide these opportunities to your staff as appropriate. o Order -Maintain workplace and/or city property in working order. o Reporting - Promptly report supply needs, defective or malfunctioning equipment, and/or damage to City property. o Acxept -Accept challenging new tasks. o Attitude - Bring a positive attitude to work. Exhibit "B" -Page 1 3. Respect: We will be trustworthy and courteous. We acknowledge and accept .people with diverse opinions and backgrounds. Treat people as you would want to be treated. o Acknowledgment -Acknowledge another's presence even if you can't help them right then. o Fairness -Treat all customers and co-workers fairly and equally. o Politeness -Speak politely and listen to what that person has to say. o Communicate -Communicate with enthusiasm, empathy, and patience. o Gossip -Respect people's privacy - do not gossip or pass information of a confidential nature. o Respect City policies by understanding and taking ownership in those policies. 4. Exceflenc®: We will be professional beyond the parameters of the job while being creative, innovative, flexible, and adaptable to community needs. • Demonstrate ability to be creative, innovative, and flexible. o Creativity -Think outside the box to solve problems o Challenge -Meet new challenges and be open to change o Initiative -Take initiative to start and/or recommend projects o Improvement -Increase efficiency as well as effectiveness by looking for ways to improve processes. o Feedback -Provide feedback regarding proposed changes. o Adapt -Make personal adjustments to acxommodate changes in your work environment. • Acknowledge exemplary behavior and performance. • Exhibit `B" -Page 2 MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. 6A1 REQUEST Professional Svcs Contract between Greene Fire Protection and the City of Meridian for Fire Inspection Services and Fire Code Plan Review AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: See Attached 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. ~~i'~E IDIAN • ~1lb~C IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent Bjornson -Building Services DATE: November 9, 2009 SUBJECT: Professional Services Contract for Greene Fare Protection (Fire) I. RECOMMENDED ACTION MayorTammy de Weerd Ctty Coundl Members: Keith Bird Brad Hoaglun Charles Rountree Davtd Zaremba A. Move to: 1. Approve the new professional services contract for Greene Fire Protection, and authorize the Mayor to sign and City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 4$9-0372 Bruce Freckleton, Development Services Manager 489-0362 Brent Bjornson, Building Services Inspection Coordinator 489-0304 III. DESCRIPTION A. Background Building Services has collaboratively worked with the City of Meridian Legal Department to write five new professional services contracts for the contract plan review and inspection consultants in Meridian Building Services. Included are: Structural, Electrical, Plumbing, Fire and Mechanical. Each respective contract holder has recently accepted and signed the new contracts. The collaborative effort was a lengthy process. After work with Legal and meeting with the contract holder additional modifications and adjustments were required with more review, meetings and discussion. Page 1 of 4 • ,. V. FINANCIAL IlVIPACT Payment of Contract and Inspection Fees shall be made by the l Os' of each month according to the value placid on the building permits and based upon the following pay schedule: a.) 70% of the Commercial Fire Code Plan Review Fees that are collected annually. b.) 70% of the permit fees collected annually for: 1. Cooking hood fire extinguishing systems 2. Commercial Fire Alarm Systems 3. Commercial Fire Sprinkler Systems 4. Fire Sprinkler Systems for Commercial Tenant Improvements, Remodels and upgrades. 5. Underground Tank Installations 6. Hazardous Material Storage Review & Inspection 7. High Pile Combustible Storage Review & Inspection c.) Re-Inspection Fees: 90% of the fee collected for the first hour, and 65% for anytime thereafter for re-inspections as aresult ofnon-compliance. Fees shall be based on the current Meridian Building Services Fire Fee Schedule adopted by Meridian City Council. The above schedule has not changed from that of previous contract. VI. TIME CONSTRAINTS There are no specific time constraints with the review and approval of these five contracts other than to retain the existing services if approved. As stated previously, all five are three year contracts for the time period beginning October 1, 2008 through September 30, 2011. • Approval of Division Manager. ~ 1 ~ ~~ ~ Bruce Frec eton ervices Manager Date Page 4 oj4 ~ _. Creer-e Fire Protection & Safety Services P.O. Box 7303 Meridian, Idaho 63542 Phone: 208.847.0194 Fax: 208.887 7297 To: City of Meridian From: Rick 3ackson -Greene Fire Protection and Safety Services Date: November 11, X009 I have responsibility for the fire code plan review and fire inspections for the City of Meridiaa as stated and agrced to in the most recent contract. Below are the individuals that I use to assist me in the timely completion ofwork as specified in the contract: l . Mindi Smith-Fegaison -Performs data entry for the ins~ctiot+s relmrts that I prrovide >ier urn completion of the fire inspections. She is aware that this work is t© be performed on her own time and vwithin contract deadlines. 2. des emy Greene -Fire inspections 3. Cal Clevenger -Fire inspections 4. Rich Greene -Fire inspections 5. Troy Cobbley -Fire sprinkler/fire alarm plan review 6. Bryan Johnson -Fire sprinkler plan review All of the individuals arse qualified to perform professionally and competently in their respective areas of expertise. All will be required to maintain or obtain the level of c~rtificartion required as stated in the Qontract. My goal is to provide to the City of Meridian with highly professional and timely services. flick kson President -Greene Fire Protection and Safety Services _. ~ E TDIAN-- itF~eit) Meridian Building Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Ph: (208) 887-2211 Fax: (208) 887-1297 www.meridiancity.org • fVovember 12, 2009 Rick Jackson/Greens Fire Protection Services PO Box 1303 Meridian, Idaho 83642 Rtck, I have received and hereby acknowledge your letter dated 11/11/2009 in which you have stated the sub contract working relationships you currently maintain while serving the City of Meridian. Your letter serves as your intent per page 6 section 11 of your Personal Services Contract for the effort of work In this contract that you are having others perform. This Personal Services Contract was signets and notarized on October 27, 2009 by yourself and the City of Meridian City Clerks Office. Sincerely, Brent Meridian Iding Serotces 33 E. Broadw Meridian, Idaho 83642 • r , r~ • PROFESSIONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: GREENS FIRE PROTECTION AND SAFETY SERVICES., an Idaho corporation, hereinafter "Contractor." DATED: This ~~day of ~ 2009. PRENIISES: 1. Whereas, the City of Meridian provides fire inspection services and fire plan reviews for struchues constructed within the City of Meridian Fire plan reviews are required to be performed prior to permit issuance. 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of Greene Fire Protection and Safety Services; and 3. Whereas, the Contractor has been providing such services to the City and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct fire inspections and fire plan reviews. Fire plan reviews are required to be performed prior to permit issuance. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on October 1, 2008, and unless earlier terminated or extended, shall expire on or before September 30, 2011. 2. Scope of Services. (a) Contractor shall perform the necessary services in accordance with the schedule as described in Exhibit "A" attached hereto and incorporated herein by reference. (b) Contractor shall also adhere to the performance expectations set forth in Exhibit "B" attached hereto and incorporated herein by this reference. (c) Contractor shall be considered an agent of the City and shall be required to do the following when performing services under this agreement: (i) Display aCity-issued photo identification badge. Contract for Professional Services, Greene Fire Protection and Safety Services Page 1 . , r . (ii) The City shall provide business cards, at no cost to the Contractor, in a format approved by the City. Business cards shall be available on display in the Meridian Building Services lobby and provided during field inspections as necessary. (iii) While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than Greene Fire Protection and Safety Services. (iv) Wear appropriate clothing and safety gear to protect from personal injury. (d) Maintain current certifications as r~uired by Idaho Code or applicable local requirements. hick Jackson shall maintain the following certifications in active status with the International Code Council: 1) Building Plans Examiner 2) Fire Plans Examiner 3) Fire Inspector II . Any additional employees of Greene Fire Protection shall be certified as a Fire Inspector II as a minimum at the time of employment or obtain such certification within 6 months of hire. If any employee is obtaining certification during the first six months the employee(s) will be working wader the direct supervision and responsibility of Rick Jackson during such time. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any way related to their duties under this Agreement. Furthermore, when Contractor is occupying a City office, or otherwise working at a City facility, Contractor's time shall be dedicated exclusively to the work contemplated under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. 4. CompLlance W~lth Appliccable Law aad City PoLtc~tes. (a) Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the State of Idaho Division of Building Safety. (b) Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited policies related to use of City Equipment, Drug and Alcohol Policy, and Safety Policy. 5. Reporting. Contractor agrees to prepare and fiunish such reports and data as maybe required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Contract for Professional Services, Greene Fire Protection and Safety Services Page 2 Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for the period specified in the City of Meridian's records retention schedule, or such longer period as maybe required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be made by the l0a' of each month according to the valve placed on the fire permits/plan reviews and based upon the following pay schedule: (a) 70% of the Commercial Fire Code Plan Review Fees that are collected annually. (b) 70% of the permit fees collected annually for. 1. Cooking hood fire extinguishing systems 2. Commercial Fire Alarm Systems 3. Commercial Fire Sprinkler Systems 4. Fire Sprinkler Systems for Commercial Tenant Improvements, Remodels and Upgrades 5. Underground Tank Installations 6. Hazardous Material Storage Review & Inspection 7. High Pile Combustible Storage Review & Inspection (c) Re-Inspection Fees: 1. 90% of the fee collected for the first hour, and 65% for any time thereafter for re-inspections as a result ofnon-compliance. Fees shall be baste on the current Meridian Building Services Fire Fee Schedule adopted by Meridian City Council. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, business cards and clerical support, as maybe necessary to assist contractor in the issuance of permits, receiving and distributing fire inspection requests and public assistance. The contractor shall support and enforce all adopted codes within the City of Meridian as well as the regulation of design, construction, quality of materials, erection, installation, alteration, repair, Contract for Professional Services, Greene Fire Protection and Safety Services Page 3 location, relocation, replacement, addition to, use of, maintenance of fire protection systems, and collection of fees, and to carry out all of the regulations, provisions, conditions and terms of the International Fire Code and the International Fire Standards, public assistance and/or other business transactions thax would need to be conducted by the Fire Protection Plans Examiner & Inspector that are directly related to providing services under this Contract. If the Contractor desires additional services that are not hereinabove provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. One soft-bound copy, of all adopted codes and code commentary will be provided. All other versions of adopted codes (including but not limited to specialty books, loose leaf, and electronic) as desired by contractor, shall be provided at the sole cost and expense of the contractor. The code reference materials descn"bed herein will be located in one central location in Meridian Building Services for all inspection disciplines to utilize. S. Termination (a) All or part of this contract maybe terminated by mutual consent of both parties in writing. (b) If Rick Jackson uses to act as the Fire Protection Plans Examiner & Inspector for the City of Meridian, as outlined below, then this contract shall unmediately be terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: • (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to beheld by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor, (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit "A"; Contract for Professional Services, Greene Fire Protection and Safety Services Page 4 ~ . ~ (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (vni) If Contractor fails to adhere to the performance expectations set forth in Exhibit "B" (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for. (a) failure to provide services specified on Exlu'bit "A"; or (b) perform their duties in a courteous and professional manner, (x) If the City Council determines that termination of the contract is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereoF or (u) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Fare Protection Inspection Official Greene Fire Protection & Safety Services, acknowledges that Rick Jackson is designated as the Fire Protection Plans Examiner & Inspector for Contractor with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Rick Jackson fails or ceases to continue as the Fire Protection Plans Examiner & Inspector for the City or Meridian, Contractor shall be required to give notice to the City of Meridian. Contract for Professional Services, Greene Fire Protection and Safety Services Page 5 10. Independent Contractor. Contractor is not an officer or employee of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. (b) Contractor is not entitled to any benefits generally granter to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be famished by the Contractor, with the exception of the items to be famished by City as set forth in Article 7. (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, unintenvpted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or •transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective subcontractors, agents, successors and assigns, if any. 12. Transibton. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel Contract for Professional Services, Greene Fire Protection and Safety Services Page 6 information, and time expended (~ec~rded in one-quarter hour increments). Payment will be made no later than the 15 of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $SOO,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (AC012D Form 27), containing a 30-day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occurence. (e) Worker's Compensation Insurance. Contract sha11 comply with all applicable Workers' compensation insurance requirements of the State of Idaho. (f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to the City Clerk and a copy to the Building Plans and Inspection Coordinator. • Contract for Professional Services, Greene Fire Protection and Safety Services Page 7 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. 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 Building Services 33 E. Broadway Avenue Meridian, Idaho 83642 Cneene Fire Protection and Safety Services PO Box 1303 Meridian, Idaho 83642 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. 16. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. 17. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this contract, the non- prevailingparty shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 18. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 19. Sab3ect Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Contract for Professional Services, Greene Fire Protection and Safety Services Page 8 Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 20. Amendments. The terms of this Contract maybe amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 21. Severabllity. The terms of ties Contract are severable and a determination by aIr appropriate body having jurisdiction over the subject matter of this Contn~.ct that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated this ~ day of , 2009. GREENE FIRE PROTECTION AND SAFETY SERVICES B RICK JAC CITY OF MERIDIAN rc BY: TAMMY ERD, MAYOR Attest: JAYCE L. HOLMAN, CITY CLERK ~J Contract for Professional Services, Greene Fire Protection and Safety Services Page 9 STATE OF IDAHO, ) ss: County of Ada, ) on this Z3 ~ day of N~ .2009, before me, the undersigned, a Notary Public in and for said State, personally appeared RICK JACKSON, known or identified to me to be the representative of Greene Fire Protection and Safety Services., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for Greene Fire Protection and Safety Services. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •~';~ti ~- • fl .~ ~~ .• C .•~"•~•. ~~~~ «~ IDAHO, ) . ss: • • County of Ada, Notary P lic for Idaho Residing at: ~o ti-P . 1 O My Commission Expires: ~/-/ - 201 On this ~ day of 1~I hve~r~r-be~ , 2009, before me, the undersigned, a Notary Public in and for sand State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~...., (SEA~'ca1CA Jp~.~~ •h~~~ ~~ • ~ i • ~ , ~ . . ~ ~ . . . ,~ r N Public r Idaho Res gat' fir. , Idaho My Commission Expires: t - W - 1 ~ Contract for Professional Services, Greene Fire Protection and Safety Services Page 10 EI1~IT KA" SERVICES TO BE PERFORMED BY GREENS FIRE PROTECTION AND SAFETY SERVICES Computerized Permit Tracking Program. Contractor shall perform all data entry related to field inspections into the City of Meridian's computer permit tracking database for all types of fire permit inspection requests received. This shall include specific inspection notes, pass/fail status, final inspection status and include re-inspection entries and specify regular or double re-inspection fees if required. The data entry for every fire related inspection shall be entered into the tracking database daily. 2. Public Office. Contractor shall maintain regular business hours and/or be available by telephone, located at 33 E. Broadway Avenue, Suite 102, Meridian, Idaho, Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by Building Services through the City of Meridian 3. ~ • Coordination. Contractor shall mutually coordinate any required plan reviews with the City Planning officials and Public Works officials. Field inspections will verify and incorporate the requirements of plan review. Plan review shall be performed before permits are issued 4. Conflicts. Contractor shall report to the Building Plans and Inspection Coordinator any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building code provisions as maybe codified or ordained by the City. Contractor shall assist the City in enforcing its fire codes, and other ordinances related to building sites, and building uses. Contractor shall report to the City of Meridian Building Plans and Inspection Coordinator any observed violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge as well as tine current code adopted by the City of Meridian. 6. Organiza~ton of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Building Plans and Inspection Coordinator and updated in writing as any changes are made. Exhibit "A" -Page 2 7. Performance of Services and Duties. Contractor shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a court~us and professional manner. Contractor is directly responsible to, and reports to, the Building Plans and Inspection Coordinator. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall provide services as follows: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - -Damage Assessment Annex. City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15a' of the month for billing statements submitted not later than the first day of that month. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Stafftng Levels. Contractor agrees to staffthis contract with sufficient qualified personnel to allow City to provide timely inspections and reviews of building projects in the City. The following performance standards are expected: Commercial fire plan review: (a) New Construction - No more than 10 working days after receipt of complete application. (b) Tenant Impmvement fire plan review - 5 working days after receipt of complete application. (c) Sprinkler & Fire Alarm Plan Review: - 5 working days after receipt of complete application. (d) Plan Reviews for items de~ribed previously on pace 3, number 7 (items 1 through 'n - 5 working days after receipt of complete application. (e) Fast track plan reviews (minor tenant improvement applications): No more than 3 working days after receipt of complete application. Exhibit "A" -Page 3 10. Performance Standards. The following performance standards are expected: a) Every City of Meridian field inspection requested before 8:OOam (MST) shall be performed that business day between 8:OOam and 5:00 pm. If the request is received on anon-business day, the inspection will be performed the next business day. All inspection requests will be received as AM or PM (morning or afternoon) for any business day. The inspector shall perform all AM/PM inspection requests as such. b) Contractor shall be available in-person for all schedules in office consultations or meetings scheduled by City of Meridian employees through the City of Meridian Building Services located at 33 E. Broadway Avenue, Suite 102, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by Building Services through the City of Meridian. c) If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 11. Mobile Commumlcations. Contractor will provide its personnel, at its own expense and maintain at their own expense, cellular telephones with voice messaging. Exhibit "A" -Page 4 EXHIBIT "B" Performance Expectations for Contract Inspectors An emphasis needs to be placed on the adherence to the City's organizational values. These four values, and corresponding behaviors, were identified by the City as signifit~nt and vital to the success of the City as a whole. Therefore they are something that you as contractors working for the city are expected to adhere to. ^ Customer Service ^ Accountability ^ Respect ^ Excellence 1. Customer Service: We will respond to customers in a genuine, positivve, and timely manner. Interactions will be solution oriented, where staff meets and exceeds expectations by listening to customers and following through on their requests. • Timeliness -Respond to requests in a timely manner. • Smile -Smile and present an open, polite, and approachable persona • Composure -Maintain composure under difficult circumstances. • Information -Share information regarding the customer's concern. • Honesty - Be honest regarding what you can do in accordance with City guidelines • Listening -Listen patiently and then summarize your conversation to make sure you fully understand the concern. • Solutions - If you cannot assist the customer, advise them who will address their concern, and route the concern to the appropriate person. • Follow-up =Follow-up with customers. 2. 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. • Accept responsibility far your actions • Actively participate as a team member o Assistance -Assist co-workers when appropriate o Collaboration -Collaborate with others to achieve common goals o Mentoring - Be a positive mentor to those who have less experience -share your knowledge • Enjoy your job and do it well o Legal/Ethit~l -Make legal and ethical decisions consistent with City guidelines, rules, policies, and procedures. o Update -Provide acx:urate and current Information regarding: work progress and deadlines, expectations and priorities, and accomplishments. o Education -Develop personal knowledge through continued training and education on current trends and practices. Provide these opportunities to your staff as appropriate. o Order -Maintain workplace and/or city property in working order. o Reporting - Promptly report supply needs, defective or malfunctioning equipment, and/or damage to City property. o Accept - Acxept challenging new tasks. o Attitude - Bring a positive attitude to work. Exhibit "B" -Page 1 o • • • ~ ~ • 3. Respect: We will be trustworthy and courteous. We acknowledge and accept people with diverse opinions and backgrounds. Treat people as you would want to be treated. o Acknowledgment -Acknowledge another's presence even ff you can't help them right then. o Fairness -Treat all customers and co-workers fairly and equally. o Politeness -Speak politely and listen to what that person has to say. o Communicate -Communicate with enthusiasm, empathy, and patience. o Gossip -Respect people's privacy - do not gossip or pass information of a confidential nature. o Respect City policies by understanding and taking ownership in those policies. J • 4. Excellence: We will be professional beyond the parameters of the job while being creative, innovative, flexible, and adaptable to community needs. Demonstrate ability to be creative, innovative, and flexible. o Creativity -Think outside the box to solve problems o Challenge -Meet new challenges and be open to change o Initiative -Take initiative to start and/or recommend projects o Improvement -Increase efficiency as well as effectiveness by looking for ways to improve processes. o Feedback -Provide feedback regarding proposed changes. o Adapt -Make personal adjustments to accommodate changes in your work environment. Acknowledge exemplary behavior and pertormance. Exhibit "B" -Page 2 MERIDIAN CITY COUNCIL MEETING APPLICANT November 24, 2009 ITEM NO. 6B1 REQUEST Appeal of the City Clerk's Denial of Temporary Use Permit Application 09-063 by Pat Raymes with Meridian Ice Gardens AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS 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 C~~,,~'` Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the C(ty of Mertdlan. MERIDIAN [CE GARDENS November 18, 2009 Jaycee Holman -City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 RE: Denial of Application no. TUP-09-063 Temporary Ice Rink at 335 S. Main St. Meridian, ID ®V ~ .~ 2~u~'~ This letter is in response to your denial of TUP -09-063 on November 18, 2009. In accordance with the City Code we hereby appeal said decision and exercise our rights herein to have the denial of TUP-09-063 heard before the City Council. Reasons for appeal before the Council: • Pazking used for the skating rink will ~ the newly paved portion of the "pit azea' on the east side of the stadium as shown on submitted site plan • The pazking area shown on TUP-061 will only be for loading of tree purchases because with the approval of TUP-063 the remaining of the gravel area will be fenced off and will have no pazking access as shown on the submitted site plan for TUP-063 • There is only one temporary structure being used for both TUP's, which is the caretaker unit. The other structures are already existing and permitted under the stated use of the speedway. • The ice rink is not a structure as the ice is not above the elevation of 30" above surrounding grade as required by cods to b®a structtnu • Based on the extended time fimne to obtain the permit we will limit our operation to the required time frame of sixty (60) days. • The intent was by our agreement to use the existing speedway signs which are present • The driving areas and parking are shown on the submitted map for TUP- 063; showing parking on the east side of the speedway and access to the rink at the north end of said parking • Clean up will be removal of the sand bed for the rink after the ice melts with any remaining debris removed per our lease agreement with the Meridian Speedway. Given the time sensitive nature of the planned ice rink and the Christmas holiday season our request is that we be placed on the next City Council agenda if at all possible. S' rely Ra s ~M ~d II7, ts~ ~S~-1~~~ Page 1 of 2 Jaycee Holman From: Tammy de Weerd Sent: Friday, November 20, 2009 5:19 PM To: Jaycee Holman Cc: Bill Nary; Anna Canning; Emily Kane Subject: FW: note for the Mayor From: Adam Nelson [mailto:anelson07x@yahoo.com] Sent: Friday, November 20, 2009 12:12 PM To: Peggy Gardner Subject: note for the Mayor Peggy, Just a note for the Mayor, if you could forward it please! We know the Ice Garden folks are working to get some type of temp. use permit to set up the ice rink on the speedway property this winter. It seems that they may be in front of City Council on Tuesday. I just wanted to claxify that they don't represent Meridian Speedway or the Meridian Dairy and Stock Shows, Inc. We've expressed to them that we would allow them, as a tenant, to temporarily set up and use the property under our guidance if they could get the proper permit that makes them comfortable in thier investment. We also have told them that even if it was determined that the use they are planning falls under the paramaters of the current use, and a temp use permit wasn't needed that they would have to schedule a life/safety inspection via MFD prior to opening day among other regulations set to protect the Meridian Speedway and the Meridian Dairy and Stock Shows, Inc. As this group is working to get the permission(s) of the City to insure that they can operate to the term their agreement with us, we've heard nothing but positive feedback. I just wanted to express that, regardless of the determination(s) we appreciate all of the efforts of the various departments of City Hall, your Office and the Council. Thanks so much, Adam Nelson Meridian Speedway From: Peggy Gardner <pgardner@meridiancity.org> To: Adam Nelson <anelson07x@yahoo.com> Cc: Lucas Cavener <Icavener@meridiancity.org>; Robert Simison <rsimison@meridiancity.org> Sent: Fri, November 20, 2009 10:27:29 AM Subject: RE: Examiner.com: Meridian Speedway growing despite the odds Adam, Thanks for sending this our way. We love good news! Peggy Gardner 11/24/2009 Page 2 of 2 Administrative Assistant to Mayor Tammy de weerd City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Phone 489-0529 From: Adam Nelson [mailto:anelson07x@yahoo.oom] Sent: Friday, November 20, 2009 10:24 AM To: TC Ellis Subject: Fw: Examiner.com: Meridian Speedway growing despite the odds ~' ~ - ~i~5[[~ER >61~~:CE rQfi: ~=. G((yTtf l~lG ~~?C: CtL The following article link has been sent to you by derrick e,dissportsmarketing.com, along with the following message: Meridian Speedway growing despite the odds Optimism. Enthusiasm. Excitement. Those are words that have dropped from the vocabulary for many but those are the same words that roll fluidly off the tongue of Meridian (ID) Speedway promoter Adam Nelson. For Nelson and the rest of the fans and... To ~°ecacl the ~°est of this canticle, ~~lec~se click on tl7e link belotiv: http://www.examiner.com/x-27643-Motorsports-Examiner~y2009m11 d 19-Meridian-Speedway- growing-despite-the-odds?cid=email-this-article 11 /24/2009 MayorTammy de Weerd City Council Members: Keith Bird Brad Hoagiun Charles Rountree David Zaremba November 18, 2009 Meridian Ice Garden Attn: Patrick ltaymes 7070 Highway 20/26 Nampa ID 83687 RE: Application no. TUP-09-063 Temporary Ice Rink at 335 S. Main St., Meridian,ll/Z7/09-1/31/10 Dear Mr. ltaymes: This letter is to inform you that the above-mentioned application for a Temporary Use Permit is hereby denied, pursuant to Meridian City Code section 3-4-3(A)(d)(3). That Code section reads, "The City Clerk shall deny an application for a TEMPORARY UsE Permit where: (3) The proposed TEMPORARY UsE will not be conducted in accordance with all applicable provisions of law, including, but not limited to, this chapter[.]" This decision is made on the basis of the recommendation of the Meridian Planning, Fire, and Building Departments to deny the application. The Planning Department has recommended denial because the proposed use would extend a principally permitted use on a nonconforming site, which would require a conditional use permit under the Unified Development Code (Title 11, Meridian City Code). Specifically, parcel no. 51119223121 is deemed to be nonconforming under Meridian City Code section 11-IA-1, which reads, in relevant part: "For the purposes of this title, nonconforming parking lot design and landscaping shall be deemed a nonconforming use." As such, the Meridian City Code section 11- 1B-4(A)(2)yequires that a conditional use permit be obtained prior to installation of the ice rink, as the rink would be a proposed extension of the site's principally permitted use as an outdoor arts, entertainment, and recreational facility. Further, as you are likely well aware, by application no. TUP-09-061, New West Materials, Inc. has already applied for a temporary use permit at this location for a temporary sales unit to sell Christmas trees from November 27 to December 24. Application no. TUP-09-061 represents that sediment traps and a parking area will be provided on the east side of the proposed temporary use site. In application no. TUP-09-063, however, you represent that the ice rink will be situated upon that very parking area. As a result, application no. TUP-09-063 not only fails to represent adequate driving and/or parking surfaces for that proposed use as required by Meridian City Code section 3- 4-3(B)(6)(c), the proposed use would remove all parking required under Temporary Use Permit no. 09-061. For these additional reasons, the Planning Department recommends denial of application no. TUP-09-063. City of Meridian ~ City Clerk's Office 33 E. Broadway Ave., Meridian Idaho 83642 Phone: 208-888-4433 ~ Fax: 208-888-4218 Again reading application nos. TUP-09-061 and TUP-09-063 together, the Fire and Building Departments have recommended denial of application no. TUP-09-063 pursuant to Meridian City Code section 3-4-3(C)(5)(d), which reads, in relevant part: "TEMPORARYSALES UNITS may utilize no more than one (1) structure." It appears that two structures aze proposed for the site: the temporary ice rink in TUP-09-063 and the caretaker unit in TUP-09-061). As application no. TUP-09-063 does not describe the structural dimensions of the proposed ice rink, the Fire and Building Departments aze unable to assess whether the ice rink structure, as proposed, would be constructed in conformance with applicable fire and building code provisions, or within the 700 square foot limitation of Meridian City Code section 3-4-3(C)(5)(d), which reads, in relevant part: "It shall be unlawful for any structure utilized in the operation of a TENIPOR~RYS~I,~s UNIT to be more than seven hundred (700) square feet." In a previous iteration of this proposed temporary use, application no. TUP-09-054, the ice rink was proposed to be a structure of approximately 18,275 square feet, which would exceed the code's limit. More information is required in order to make this determination conclusively. In addition, the application contains these additional defects that do not necessarily form bases for this denial but are noted here for your future reference: • The application represents that the use will begin on November 27, 2009 and end on January 31, 2010, or possibly one week later. This period describes either 66 or 73 days, both of which exceed the 60-day limit set forth in Meridian City Code section 3-4-3(C)(5)(c). • The application fails to describe temporary sign locations, driving areas, and/or pazking azeas designated for the proposed temporary use, are neither described in the application nor delineated on the site plans, as required by Meridian City Code section 3-4-3(A)(6)(a)(6). • The application fails to describe the plan for clean-up, tear-down, and/or removal of the temporary use, and specifically fails to describe draining mechanisms and routes and any necessary hazardous materials containment at teaz-down. You may appeal this decision to deny Temporary Use Permit application no. 09-063 by delivering a written appeal stating the reasons for such appeal to the Office of the City Clerk via U.S. Mail or in person. Upon receipt of such appeal, my office will schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. As you have discussed with City staff, if you wish to have an appeal on this matter heard by City Council at their regular meeting on Tuesday, November 24, your wrftten appeal must be received by this office by 3:00 p.m. on Thursday. November 19. The City Council President will make the final determination regarding whether or not to include the matter on the November 24 agenda, but this deadline is mandatory. Sincerely, ~~ Jaycee Holman City Clerk cc; Adam Nelson, Managing Partner, HWY 16, LLC City of Meridian ~ City Clerk's Office 33 E. Broadway Ave., Meridian Idaho 83642 Phone: 20$-888-0433 ~ Fax: 208-888-4218 November 20, 2009 MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. S-A REQUEST Public Hearing and Public Comment Period for PY2008 CAPER 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: nn I I . MERIDIAN SCHOOL DISTRICT: V ~ 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 Cffy of Meridian. i CITY OF MERIDIAN cinr couNCi~ PUBLIC HEARING SIGN-UP SHEET DATE November 24, 2009 ITEM # 8 A PROJECT NUMBER Public Comment Period PROJECT NAME PY2008 CAPER FOR I AGAINST I NEUTRALI PLEASE PRINT NAME CITY ®F CITY CLEI . i i i ~ ~ November 20, 2009 AZ 09-008 Meridian City Council Meeting November 24, 2009 APPLICANT James Zeiter ITEM NO. 8-B REQUEST Public Hearing- Annexation & Zoning of a total of 115.26 acres consisting of 48.59 acres to the C-C zoning district; 27.27 acres to the H-E zoning district; 22.57 acres to the M-E zoning district; and 16.83 acres to the R-40 zoning district for Meridian Crossing-1085 S. Ten Mile 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: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: COMMENTS See Request for Continuance ~1~ "~N See Attached Comments OTHER: See Sign Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ctty of Meddtan. November 20, 2009 Meridian City Council Meeting APPLICANT Affinity Bank November 24, 2009 ITEM NO. SC 1-4 REQUEST Public Hearing - RZ 08-005, PP 08-010, MDA 08-003, VAR 09-006 Cavanaugh Ridge - 4275 S. Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See Sign Posting COMMENTS See Attached Staff Report ~~~ No Comment ~, i See Attached Comments See Attached Comments See Attached Comments No Comment Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdlan. November 20, 2009 MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT TJ Brown ITEM NO. 8D1-Z REQUEST Public Hearing - MDA 09-003 and VAC 09-001 for Market Square NEC of N. Eagle Road and E. Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: ~,i COMMENTS See Attached Staff Report ~~ No Comment No Comment OTHER: See Sign Posting / No Comment by ITD Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Cffy of Meridian. November 20, 2009 FP 09-007 MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT Tealey's Land Surveying ITEM NO. S-E REQUEST Final Plat approval of 14 building lots on approximately 10 acres in an existing I-L zoning district for Bayside Taylor Commerce Park Subdivision - 1100 W. Taylor Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Staff Report No CommE Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. 9A REQUEST Ordinance No. ~ 'J : AZ 08-001 Request for Annexation and Zoning of 9.06 acres from RUT and Rl oning Districts in Ada County to the C-G Zoning Dist for Overland Village by Cameron S-Sixteen Retail, LLC, 3330 E. Overland AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdian. ADA f~UMY RECOADEA J. OAtlID NAVARAO A~uai .w o BOISE IDAM01?~11B 014 PIO DEPUfY uee Ben RECORDED-AEOVEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII III I Meridlen City 10'91~41'r'7 CITY OF MERIDIAN ORDINANCE NO. O~(- I ~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 08-001 OVERLAND VII~LAGE) FOR ANNEXATION OF A PARCEL OF LAND, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHIVVIENT "A~ AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIlVIITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID ._ LANDS FROM RUT AND Rl (ADA COUNTY) TO C-G (GENERAL RETAIL AND SERVICE CONIlVIERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING TART COPIES OF THIS ORDINANCE SHALL BE FII.ED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said properly, to-wit: Cameron S-Sixteen Retail, LLC. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT and Rl (Ada County) to C-G (General Retail and Service Commercial), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said properly. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION - AZ 08-001 OVERLAND VII.LAGE Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force aad effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this zy~` day of ~ , 2009. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~' "day of `1~ .2009. MAYO ANIlViY de WEERD ATTEST: ``~~»~ a u+~~p~~~~ _ ~ JAYC L. HOLMAN, CITY CLEl~{ ~ ~~ ~ o . C0t1R~TY . ~0~,~~. ANNEXATION - AZ 08-001 OVERLAND VILLAGE Page 2 of 3 • STATE OF IDAHO, ) ss: County of Ada ) On this ~ day of 1~1 o ve m bca! , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEt~L) ~..•••.~~ .•gicA Jo1y. • ~' c~~?'~O T A $ ~ , ~ t~'~' .~ ~~ • ~ ~~. %Oi ~sj-9 ~°iI$L; A~+~~ •~ ~ pF ZOO ••..^•+' N ARY PUB C FOR IDAHO RE ING AT: kvr,a-. ~(ahc MY COMMISSION EXPIRES: 1- N ANNEXATION - AZ 08-001 OVERLAND VILLAGE Page 3 of 3 TOOTBMAN-ORTON ENGINIG CO1t~ANY oar>s<rtrlnra E14GWl~RRS. StIRYt3YOi~ MtD pF11t~RS 9777 CHINDEN 6OULEHVtn BOISE, IDhKO 83714-1ttU@r Zo8.3x3.2]8H • FA112l1B-323-2399 bois0loa~ca.ca++ Ptojett No: 07212 Darte: December 19, 200? Page: t of 2 EXHIBIT ~A" Aoaexetion 17escrigtion A parcel of lead, located in the Southwest Quarter of 3e~tion 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, descn'bed ag follows: BEGWMNG ~ the corner common to Sections 16,17, 20 and 21, from which the gttaAtr corner common to Suctions 16 and 21 bears S 89°22'~4"E., 2665.07 feet; thence, along the West line of said Section 16, 1} N.00°49'23"W., 810.16 feet; thence, 2} N.8~°10'37'"E., 43.61 feet to a point on the v~erly line S. Rackhara V~1ay; themes, along the northeasterly sad easterly lire of an 1.8132 acre patael of land conveyed to the Ada County Highway District by Deed Insirltment No. 142103903, the following courses: 3) 5.51°Z6'4l"E,, 263.62 feet; dunce, 4) 5.00°24'06"W.,140.10 feet to the northwest cursor of Parcel II of Deed Instrwneat No. 106056140; thence, along the northerly line of said Parcel II and the Northerly line of Farcel I of said Dead Instrument No. 106056140, 5) 5.66°51'S4"E.. 2b1.30 feet to an anp~e in the no~teasberly line of said Parcel I; theence, along the northeasterly line of said Parcel I, 6) 5.36°S3'00"E., 456.34 feet to the Northright-of-way line of Overland Rflad; thence. '~ 5.00°37'Ob"W., 48.00 feet to the South line of said Section 16; thence, along said South line. S) N.89°22'S4"W., 800.84 feet to the POINT O1P BEGINNING. CONTAINING: 9.06 acres, amore or less. See attached fixhibit "B"-Annexation Map, which is hereby made a pert of this dsscriptian. ThB desaiptioa was prepared iii etaed formation end is ont the result of a smrvay made on the grolmd ~, Taa~ao-Ortan Engineering Ca. This desadptien is suhjedm change at such lima es a survey is made on ~ ground. Toothman-0nan Eagfnaxing Co. assmnes rlo liability for its a~ur>xy. not for racordinlt. It~o721zwreta~suxv~nn nto~t~rtDx.ane BOISE • C08UR d'r11.ElYE • GALD~ • Exhibit A • r' 11 E '~3"-ANNB'XA~I~N MAP ~.~ A POHRON OF 7HE SW 1/4, 5EC110N 16, ~ eie TRIP NC1~N~RAN~Q FASR, 9.Y. i 1 R ~, I ~ 1 1 ~ 110./Ctl00/00< ~ I ~ ~`~ ~F 1 ~ ~ 1 i1 ~ \ ~ »~° ~ 1 1 ~ ~ 1 ~.++~ NomW10X e0uoM1' 1 i ~~ l .. _.. .. eo6emwt lot 1 lntat~e 1 a mu pooa ~ ~ ~ ~ ~ iR ~ i, ~ mesa ~ s1~w>ym z ~ ~'' ` ~aseea ~ 1 j ~~~ ~ ~ ~1ois ~ 'PtlWr ~ ~___L.~L.__ >n to TC03~OdAN-OBTOi1i @IGII~G CO. Pw++r~ aRIDQr ~ ~ 19N10 a,71~h~08 Pi101~£: Z~B-3Z3-?DES FI1Xa 2C8-323-2SY9 ctf~M~tlilrrs,InerWmtiO O~tt1i~ ~r~3tieS-MC ~ ~ 0 7S i90 300 !50 • NOTICE AND PUBLISHED SifNIlVIARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A} CITY OF MERIDIAN ORDINANCE N0.09- I y PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land, located in the Southwest Quarter of Section 16, Township 3 North, Range 1 Fast, Boise Meridian, Ada County, Idaho, more particulazly described in Attachment "A". This pazcel contains 9.06 acres more of less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on as actual field survey. A full text of this ordinance is available for inspection at City Ha11, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the ~ day of 2009. ``````,,,~n u ~ ~ ~ ~i i,,,,,~~'~ .- roc -. of eridian _ S~~ Mayor and City Council = By: Jaycee L. Holman, City Clerk ~~~ ~ '~T ts~ , ~~~0 `~ O„~ First Reading: I L -Zy' - O ~~'~•,, L'plp~ , ~~; ••'•~ Adopted after first reading by suspension'6~~the~itiuld'as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: - STATEMENT OF MERIDIAN CITY ATTORNEY AS_TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 09- I ~{3~1 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is a legal advisor of the City and has reviewed a copy of the attached Ordinance No. 09- '{3 of the City of Meridian, Idaho, and has found the saame to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ day of ~,_, 2009. [-~ William. L.M. N City Attorney • ORDINANCE SUNIIVIARY - AZ 08-001- OVERLAND VII.LAGE Page 1 MERIDIAN CITY COUNCIL MEETING November 24, 2009 APPLICANT ITEM NO. ~ OA REQUEST Executive Session as per Idaho State Code 37-2345(1) (b,c,f) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY PUBLIC WORKS 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 meeflngs shall become property of the Cffy of Mertdtan.