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HomeMy WebLinkAbout2010-01-26~ E IDIAN-- ~DA CITY COUNCIL REGULAR MEETING UPDATED AGENDA Tuesday, January 26, 2010 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Ralph Lowe with Meridian Gospel Tabernacle 4. Adoption of the Agenda Adopted • 5. Consent Agenda Approved A. January 12, 2010 City Council Meeting Minutes B. Resolution No. 10-708: Adopting the Meridian Pathways Master Plan Amendments C. Master Agreement for Professional Services with Forsgren Associates, Inc. for Various Engineering Services for Under $25,000.00 D. Water Main Easement for Diamond View Assisted Living E. Water Main Easement within a Private Road Easement for Diamond View Assisted Living 6. Department Reports A. Mayor's Office 1. Mayor's Youth Advisory Council Update Meridian City Council Meeting Agenda -Tuesday, January 26, 2010 Page 1 of 2 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. • B. City Council 1. Resolution No. 10-709: Urging the Air Force to Select Idaho for F-35 Missions Approved C. Parks Department 1. Kleiner Park Maintenance D. Legal Department 1. Agreement for Water 8< Sewer Service Outside Meridian City Limits: 4270 East Overland Road Approved 2. Discussion: Agreements for Hookups of City Water & Sewer Services Outside City Limits E. Public Works Department 1. Budget Amendment for the Reclaimed Water Booster Station and Reservoir Project for a Not-to-Exceed amount of $635,050.00 Approved 2. Agreement for Design Build Services with the Team of JC Constructors, Inc. and Pharmer Engineering, LLC. for the Reclaimed Water Booster Station and Reservoir Project for aNot-to-Exceed Amount of $2,251,050.00 Approved 7. Items Moved From Consent Agenda 8. Action Items A. FP 09-008 Seyam Subdivision by Ronald Van Auker Located on the North Side of E. Franklin Road, Approximately 1,000 Feet East of Eagle Road: Request for Final Plat Approval Consisting of 8 Building Lots on 38.94 Acres of Land in the I-L (Light Industrial) 8~ C-G (General Retail $ Service Commercial) Zoning Districts; and Request for Approval of a Waiver of the 25-Foot Wide Landscape Buffer Required in the I-L (Light Industrial) District to Non-Industrial Uses Approved Adjourned at 8:00 p.m. • Meridian City Council Meeting Agenda -Tuesday, January 26, 2010 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting January 26, 2010 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, January 26, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Brad Hoaglun, and David Zaremba. Members Absent: President Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Steve Siddoway, John Overton, Mark Niemeyer, Warren Stewart, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will welcome you to tonight's City Council meeting. Thank you for joining us. For the record it is Tuesday, January 26. It's 7:00 o'clock. We will start the meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Ralph Lowe with Meridian Gospel Tabernacle De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Ralph Lowe. He is with the Meridian Gospel Tabemacle. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining is, pastor. Lowe: Thank you, Mayor. Dear Heavenly Father, we thank you and are so grateful for all you have done for us as a community. Father, I personally am most grateful for a City Council and a Mayor that would ask your presence to be here in a way that will bless them with wisdom beyond their means with their judgment with the peace, oh, God, that would help rule our city. Father, I thank you for them. I ask you would give them a special blessing and favor for their many hours of unselfish labor on behalf of us Meridian City Council January 26, 2010 Page 2 of 25 their citizens. Bless them tonight, Father, in a special way, in your precious name we pray, amen. Item 4: Adoption of the Agenda. De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Got a few items to include in the agenda. Under 5-B, that resolution number is 10-708, adopting the Meridian Pathways Master Plan amendments. And under Item 6-B, under the City Council, the resolution there is number 10-709, urging the Air Force to select Idaho for F35 missions. And with those insertions I move adoption of the agenda.. Bird: Second. De Weerd: I have a motion and a second to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. January 12, 2010 City Council Meeting Minutes B. Resolution No. :Adopting the Meridian Pathways Master Plan Amendments C. Master Agreement for Professional Services with Forsgren Associates, Inc. for Various Engineering Services for Under $25,000.00 D. Water Main Easement for Diamond View Assisted Living E. Water Main Easement within a Private Road Easement for Diamond View Assisted Living De Weerd: Item 6 is Department Reports. Oh, I'm sorry. That was not adoption of the agenda, that was -- Consent Agenda. Let's do that one. Hoaglun: On the Consent Agenda, Madam Mayor, as I mentioned earlier, number 5-B is resolution number 10-708, adopting the Meridian Pathways Master Plan Meridian City Council January 26, 2010 Page 3 of 25 amendments. And that's the only addition we have for the Consent Agenda. And with that I would move approval of the Consent Agenda. Zaremba: Second. De Weerd: Thank you. I have a motion and a second. Any discussion? Bird: And Mayor sign and Clerk to attest? Hoaglun: And, yes, that's right. Mayor to sign and Clerk to attest. Thank you. De Weerd: Second I'm sure agrees. Zaremba: I agree. De Weerd: Okay. Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carves. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports A. Mayor's Office 1. Mayor's Youth Advisory Council Update De Weerd: See, I just wanted the meeting to be over very quickly. Item 6, Department Reports, we have our Youth Council representatives with us tonight. If you guys want to come forward. Hi, there Rios: Hello. Hi, Councilors. Mayor. I'm Esa Rios. I'm a junior at MYAC -- or I mean Mountain View and first year MYAC -- or advocate. I guess. I don't know. Sorry. But I was here in November and I'm just here now to inform you guys of what else has -- I'm here to let you guys know what else has happened since then. So, first and foremost we had our GA, the legislative breakfast, our Government Affairs subcommittee. The issue was texting while driving and that breakfast went terrific. We got seven out of nine of the area legislators to attend and overall I feel like it went very well. Other than that, we have an activity -- or Teen Activity Committee events coming this Friday. It is a Your Birthday Party and it's, basically, a party for everyone's birthday and I think that's going to be very exciting. Hopefully we get a good turn out for that. MYAC will be volunteering at the State of the City and the Heart Ball and, Eli, would you like to talk about the dinner auction? Meridian City Council January 26, 2010 Page 4 of 25 E.Nary: Yes. Hello, Madam Mayor and Councilmen. Thank you for this opportunity. On March 25th at 6:30 p.m. we will be having our MYAC dinner auction in support of the Meridian Food Bank. The Meridian Food Bank is still a fairly young organization, but they need as much support as they can and so this will pretty much be just to raise money for them and with their cause of helping out the hungry, especially in these times. It will be held at Renaissance High School's culinary center and hope to see you all there. Thank you again. Rios: So, thank you. Thank you, Counselors, and thank you, Mayor. We will see you at the State of the City and thank you so much for your time. E.Nary: Are there any questions? De Weerd: Any questions? Hoaglun: I do, Madam Mayor. On the -- on the texting with the legislators, the meeting that you had with them, how did that go, what were their thoughts on that? Did they give you any indication what the outcome of that legislation might be? Rios: They gave us a lot of feedback, both positive and negative, but we hope that we can turn that negative into -- we can patch up all the loopholes and tie it all together and, hopefully, we can work that out. Hoaglun: Good. Thank you. De Weerd: They definitely played Devil's advocate with our MYAC members, but they had very good responses for the different questions that were thrown at them in some cases, but also if you will define maybe the next steps what --what you're doing now? Rios: Well, we are -- we are suppose to -- we are going to present to the police department to see what their -- what their input is on how they would go about enforcing such regulations and -- E.Nary: Well, on that same note, some of the schools have voiced -- voiced interest in wanting to hold -- hold some sort of segment about it in school assemblies. We actually had Rick Bartley, I believe was his name, came -- came and spoke and his daughter actually died because another driver was texting while driving and so -- so that really brought it home and really realized that the -- one of the biggest things that we need to learn from this is how to -- how to reach the youth about it and so that was one of the big things that came out of it. De Weerd: Mr. Bartley's story was very -- it caught their attention and what actually happens with it. Some of the arguments -- or some of the points that the legislators made were don't we already have something on the books with inattentive driving and that is why MYAC is looking to meet with several different police departments to get the police feedback and to see how you can counter some of that argument on -- is there Meridian City Council January 26, 2010 Page 5 of 25 something already on the books. They also did something they are very good at in saying it shouldn't be a law, it should just be an educational campaign and, again, that's one of the reasons they are going to the police authority to really find out why there is a need to have specific legislation, a specific law on the books to deal with this kind of offense. Any other questions? Bird: Thank you, boys. Zaremba: Thank you. E.Nary: Thank you. De Weerd: We do hope that we will see you at the fund raiser and if you would like to have help in raising donations to be auctioned and/or sold at the silent auction, we would welcome your participation. Hoaglun: What was that date again there, Eli? E.Nary: March 25th at 6:30. De Weerd: Thank you. E.Nary: Thank you. Rios: Thank you. B. City Council 1. Idaho F-35 Project Discussion De Weerd: Okay. Our next item, Mr. Zaremba, for City Council. Zaremba: Madam Mayor, we have both an opportunity and a concern. The nearby Air Force base and the Gowen Field Idaho Air National Guard are being considered for the new F35 aircraft that the Air Force is planning to purchase. The opportunity is to have state of the art aircraft flying out of the fields near us. The concern that I have is that I have previously lived near Navy bases when the aircraft that were being flown there were decommissioned. Our two -- Air Force and Air National Guard are currently flying airplanes that are nearing the end of their useful life and I can say from my previous experience it is economically devastating within 50 miles of a base when a base loses its mission and I feel it's important to Meridian that we support the effort to get the F35 into Idaho at Mountain Home and Gowen Field and, therefore, this is a resolution urging the Air Force to select Idaho for its F35 mission. They seem to be leaning that way, but anything can happen, and this resolution is offered in support of our own congressional delegation and asking the Secretary of the Air Force to kind of etch it in stone that the F35s do come to Idaho. I believe the resolution was available on the website, so I Meridian City Council January 26, 2010 Page 6 of 25 probably don't need to read it. I see the clerk nodding her head yes, so it has been public and I would ask the Council that we vote in favor of this and ask the Mayor to sign it and forward it to the appropriate parties. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, earlier today Council Member Hoaglun called. One of the whereas clauses Ithink -- sometimes these things happen, but one of the whereas clauses is -- it's the sixth whereas clause down -- the proper word on there is unencumbered, rather than encumbered. So, the corrected copy is in front of you. I have given a copy to the clerk, so if the Council's pleasure is to approve this ordinance, that's the -- that's the one that's in front you for approval. So, the original one that we got this draft from another city just had the wrong word in there. So, it's been corrected. That's what's in front of you now. De Weerd: Thank you, Mr. Nary. Any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve resolution 10-709, the revised edition. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you, Councilman Zaremba for bringing this to the agenda. Zaremba: Thank you all for considering it. C. Parks Department 1. Kleiner Park Maintenance De Weerd: Okay. Item 6-C is our parks director. Meridian City Council January 26, 2010 Page 7 of 25 Siddoway: Thank you, Madam Mayor, Members of the Council. Last week we were before you and had the opportunity and the pleasure of presenting to you the 30 percent design with the design team and the -- some of the trust members present. Very exciting some of the things that are going on there and the development that has taken place on that -- that park plan over the last several months. Tonight's conversation isn't quite as fun as that one, but, nevertheless, every bit as important, which is regarding its -- the maintenance of that -- of that facility. A little history. Last year as part of the budget process we came to you with an enhancement -- in order to show our commitment to the trust, that we were ready to take on maintenance of the park when it comes online. As you know, when we developed that enhancement there was no design. It was just based on an educated guess is what we kind of expected based on our experience at Settlers Park and elsewhere. As promised during that budget cycle, we have not and we will not be filling those positions that were approved in this year's budget until that park is under construction and nearing completion, which now appears to be mid late '11, so I don't actually expect to be filling any of those positions in this fiscal year. But now that we do have a design and we are at 30 percent design, we have been doing our part to try and do a more detailed analysis of the maintenance needs. A copy of that analysis was provided to you in your packet and while we do not require any specific approvals for you -- from you tonight, we are here to give you an early heads up of where we are at right now, seek your feedback, seek any comments that you might have, because the findings of this analysis will become part of the 2011 budget process in the coming months. With that as an introduction I would like to tum some time over to maintenance foreman Mike Barton, who has been working on this analysis and he will present an overview of it to you, talk a little bit about how it was prepared and some of the lessons we teamed from doing it. Thanks. Barton: Thanks, Steve. Madam Mayor, Members of the Council. We -- when we were -- like Steve mentioned earlier, we tried to forecast what the maintenance needs were for a park that wasn't designed yet. Once we received the master plan and now at 30 percent design we began an analysis of labor needs for that -- for the site. It is data that's compiled from our time tracker system. That is a program that we use where we log in every task at every site each day that the crew performs. We took that data, we analyzed features that are going to be unique to this site and came up with some conclusions on monthly labor needs. Our needs are that we will need two full-time staff members to staff this park on a year around basis. In addition to the two full-time staff, because we have aseven-day-a-week operation in shelter preparation, janitorial services, we will require 162 hours of seasonal labor that is roughly between the months of April through September. There is also in that analysis that we didn't anticipate that the trust really desired was the splash pad, an interactive water feature. We are currently in the design process trying to have that run on fresh water, so there isn't a need for attendants. If it becomes a recirculated feature, then, that increases that labor burden even further, but we are in the process of trying to design that in such a way that it eliminates the need for constant monitoring. This affects our current enhancement by increasing labor costs by roughly 65,000 dollars. If the -- if the splash pad is able to be designed and run on fresh water, that can reduces that figure by 16,000 dollars that we are really actively pursuing that --that avenue. Meridian City Council January 26, 2010 Page 8 of 25 Hoaglun: Madam Mayor. I might ask Mike while we are on the subject of that. So, fresh water -- what we have at Settlers, that uses recycled water or is that -- was that fresh water? Because I know we have the ultraviolate. We got a special system in there to clean the water. Barton: It's a recirculated system. Hoaglun: Okay. Barton: It sanitizes it. However, there are periods, based contaminants that can enter the system where there is a shut down that needs to occur for public safety and health. The system that we are currently working on for Kleiner Park is a pump that's in one of the surface wells that we will feed the splash pad directly. That water will be tested periodically as safe to drink. So, that will run through the splash pad and, then, discharge into the imgation lake, which we will reuse to irrigate the site. Hoaglun: Okay. Barton: It seems like a pretty viable option and a real labor savings if it ends up that way. Hoaglun: Great. Thank you. Barton: Sure. De Weerd: Thank you, Mike. Barton: Thank you. Siddoway: So, we will continue as we move forward monitoring the maintenance demands on our system through this. You may have heard Susan say during her presentation last week that Steve's always asking what are the maintenance implications of this every time they talk about what a certain material things will be made out of, we always have an eye to longevity and maintenance. We will also continue to look for a potential savings, such as the potential elimination or reduction of the attendants and as noted during last year's budget process with the addition of a thousand new trees into our system, we do see the need to renew that discussion of a potential arborist systemwide for us. So, with that I will stand for questions, comments that might have, ask if we are going the right direction and if you have any concerns. De Weerd: Council, any questions or comments? Bird: I have none. Meridian City Council January 26, 2010 Page 9 of 25 Hoaglun: Just a quick question, Steve, on like -- like I mentioned janitorial and some things. This is all going to be city, we aren't contracting any of that out, the mowing or janitorial or anything, this is all with in-house labor? Siddoway: Yeah. All of the day-to-day maintenance -- you know, when we get to certain things like restriping parking lots there is always elements that do get contracted out, but all of the mowing, all of the janitorial, all of the -- the weeding and trimming, that's all to be done by our staff. Hoaglun: Okay. Thanks. De Weerd: And I believe just to expand on that answer, is a couple years ago we evaluated cost efficiencies on all of our maintenance and they found that the smaller areas we -- they are more cost efficient to contract out, but the larger ones it is more cost effective that we do the maintenance and so we do have a balance in how we approach that and you will see that in where we do contract out labor. Hoaglun: Okay. So, it looks like by the chart that it's a lot of seasonal labor that you have where you ramp up for the summer -- spring, summer, into fall and, then, they aren't full-time employees and -- Siddoway: Right. You see that graph. Hoaglun: Yeah. So, we are not -- we are not building a huge employee base, we have got enough to help work it and -- Siddoway: Two year round employees and, then, the rest are seasonal labor. Hoaglun: Yeah. Siddoway: Any other questions, comments? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just to clarify for me -- I think I'm hearing there is a plus and a minus to this. The minus is it's likely to be more expensive to maintain when it comes online. The plus being that it's going to come online maybe, what, six to eight months later than we thought it was and, therefore, we have some space before this expense begins. Siddoway: Right. Originally we thought we may need to be ready in this fiscal year. Well, it looks like it's going to be late FY-11, you know, summer, early fall of FY-11 before we have our grand opening, based on the current construction schedule that was presented last week, so -- Meridian City Council January 26, 2010 Page 10 of 25 Zaremba: Thank you. Siddoway: This is correct. De Weerd: Okay. Thank you, Steve. Siddoway: Thank you very much. D. Legal Department 1. Agreements for Hookup of City Water and Sewer Services Outside City Limits De Weerd: Okay. Item 6-D is our Legal Department. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. There is two items. Item one is an agreement for water and sewer service outside the city limits. This is for specific address 4270 East Overland Road. It is on your -- it is on your packet agenda. It does need the Council's approval for the Mayor to sign. This is the case of the Boyack's and we discussed this a number of months ago and, then, we negotiated a resolution with them. This is the folks that their septic system was taken out in the widening of Overland Road. They, then, were required to hook up to city services, but they only needed -- originally only needed sewer service, but they had to have water service as well, because that's how our system is connected. They, then, did not like the water service that they received at their property, because of the nature of the water and there was some issues on how the water gets to them and how it works through the lines to them. So, they -- they had actually created across-connection for a period of time. That was discovered. That was disconnected. Now they just use their well for water for their home, but they still have sewer services. What we found in discussing that with Public Works is we needed to find a better solution than just forcing these folks back to the water service, because they don't really need the water service and we are able to bill them appropriately for their use of sewer services. That brought up the second item that's in front of you and I'm going to pass that out real quick and, then, I will speak from the podium about that. As we sometimes find when we scratch the surface of one legal issue we find others. Thank God for lawyers or we would never find these things. I have a memo that I have handed out to you from Mrs. Cain of my office and, basically, what we determined when we read the Boyack's agreement is the standard boilerplate agreement we had been using for the city had some deficiencies, especially when the circumstances were such that the person really only needed one service and not both and so Mrs. Cain in this memo was some of the ways we were trying to address this, because as we go forward many times the circumstances are coming up and we have seen them recently at Ustick and Linder, for example, when the Ada County Highway District went in to widen that intersection and widen the roadway, they affected people's services that already existed, whether it was septic or water. They are now in the process of doing the same type of project out at Eagle and Victory and so the same issue comes where they go out from ACHD, hand out information to Meridian City Council January 26, 2010 Page 11 of 25 neighbors to explain to them this is what's going to happen, if the road gets widened this might impact your well or it may impact your septic or it may impact both and, therefore, you're going to need to go to the city. One of the number one issues that we find -- and I'm sure all of you can relate to, is that one of our standard conditions has always been once we are contiguous with the city and once you are contiguous with us, you were, then, required to come and apply for annexation and as many of you have seen over the years, this doesn't work very well. I mean the individuals don't necessarily want to be here, they don't want to pay the additional fees. Many times they don't even realize there is a fee that they are going to have to pay just to be annexed, not just the -- not the cost of connecting for services or paying for their hook-up fees, but the cost for annexation and as we have raised the cost of annexation requests over the last few years, it can be a significant financial burden to folks and we are, essentially, requiring them to do it, but we don't have a very good mechanism to catch the fact that they are supposed to do it. So, we have a condition out there that some people are honest enough to bring forward, yet they sometimes can't financially afford to do it. The other issue comes up occasionally and by Boyacks is one that was exactly that, they have a fairly large piece of property and at a particular point in time that they may be asking to annex, they don't have any idea what they want to do, yet they are required to ask. So, we can't get a development agreement very easily, because they are not going to agree to it. We really try to place conditions, as I know many of you have seen over the years and they don't want to -- they don't want to do it and they won't do it, because they are just here because we made them be here. What we felt was a better solution -- and that was part of the direction we are seeking from you tonight is what's in the Boyack agreement says they are consenting for us to annex them when we are ready to annex them. Once we are contiguous and we choose to annex them, they are waiving any objections to that, which is what the Idaho Code requires. Then we can make that -- then, we can make that decision as a city when it's more appropriate for the city. Now, on the other side when they want to sell their property, they want to redevelop their property, they want to subdivide their property, they are going to have to annex. They are going to have to do that. They are contiguous, they are going to have to do that. So, there are triggering events on the property owner's side that are more property owner driven and there are -- the triggering event on the city's side, if nothing else happened and we are contiguous, like we did last year, we did 32 properties, approximately, that were contiguous, all they were were individual homes, they have been on services for a number of years, they had either never come into annex or they may have annexed -- or they have asked at a particular point in time that the city rejected their request, which, of course, is a bigger nightmare. If we are going to force people to come in and, then, request an annexation, pay the fees, and, then, you tum them down, because we are not ready. You know, we don't really want that to happen and it doesn't really make much sense. So, we are trying to create -- and what Mrs. Cain outlines in this memo is we are working with Public Works, we don't have a final document yet, but we are real close, because we want to have it in advance of the Ada County Highway District going out to the citizens in the area of Eagle and Victory with this same opportunity. The other thing we wanted to make clear in this pamphlet Kyle Radek in our Public Works Department helped craft it and Mrs.Cain's working with him on some of the language. One of the things that isn't always made clear from the Meridian City Council January 26, 2010 Page 12 of 25 highway district -- and this will really shock you -- they don't tell people that when you are required to annex into the city or required to receive city services, you're going to have to pay for that separate and apart from the money that we are offering you for your property. So, many times people come in and think that because the Ada County Highway District purchased their property and they normally use a formula based on frontage and how much linear feet it is that they are purchasing or whatever, they don't incorporate unless the person asks for it, the cost for them to hook to services. So, the 2,700 dollars that they may have to pay for sewer service hook up isn't discussed with them and the highway district and we think it's important that people are aware of it. And so we want to make sure we inform them up front that that's a cost you're going to have to discussion with the highway district and not with us, because many times they think that's part of it and it's free and it's never free. So, we want to make sure they are informed earlier on in the process and they have been, so Mrs. Cain's worked with Kyle so that we can put together this pamphlet with a little bit better information, maybe a little bit more understandable information, that the agreements, when we finalize them, one of the other things we found in the Boyack's agreement was we kind of did it in a way that didn't -- didn't make sense -- it probably made sense at the time -- we referenced specific code sections of the city code that now have been repealed and we referenced different language in the state code, but not the specific code section, but language was repealed. So, we need to clean that up, so we don't have these gaps in these agreements that won't make any sense and that if we are required to enforce the agreement that we want to make sure it's clear as to what was required, what the consequences are for not complying, and what remedies, if any, the city has or the property owners have. So, we wanted to make sure that you folks were all aware of it and were comfortable with that direction that we are going. Again, we don't have a final agreement for everyone else, but it will probably be patterned fairly closely to what the Boyack agreement is in front of you. There is always going to be individual circumstances. My department and the Public Works has worked together, communicated to make sure that as Public Works becomes aware of those circumstances they get with myself or one of my other attorneys to sure we resolve those issues early on, so that we don't have an issue that comes up like with the Boyack circumstances. So, to make sure everybody understands what's going on. We want to make it fair, we want to make sure it's fair for both sides. De Weerd: So, Bill, can you have Kyle or Emily get this pamphlet to a couple of the people who have already been affected and ask them to read it and say does this make sense? Nary: Sure. De Weerd: Do you -- can you think of anything else that would be helpful to have in there? Those that have gone through the experience, they certainly have a perspective that we can certainly benefit from. Nary: Absolutely. That's a great idea and we will -- we will do that. Mr. Boyack is here tonight, so I mean we can certainly get this information to them, as well as others to Meridian City Council January 26, 2010 Page 13 of 25 make sure that, you know -- because you're right, Madam Mayor, many times it seems pretty clear to us, but we are pretty immersed in it most of the time and so for somebody else who isn't, it's probably a good way to verify that it really does make sense and it is really going to make sense to the property owner as to what is necessary and what they need to do. So, we can do that. De Weerd: Okay. Thank you. Council, any questions? Hoaglun: Madam Mayor, a question for Bill and maybe Warren might have to jump in on this, but the cross-connection, you know, how are we going to make sure that that doesn't happen? I mean down the road another property, you tell them no cross- connection and, you know, that could be a problem for our domestic water supply. Is that something we are going to check on? Are we just going to tell them you can't do it and make sure -- and make sure they don't do it or -- are we going to be doing any inspections on that from time to time? Stewart: It is a challenge -- it's a constant challenge, because there -- people can put in these systems or they could have a well on the existing and they could go in, unbeknownst to us, and make this cross-connection. There, of course, are plumbing codes and other -- the city also has rules with regard to cross-connections and how that must be done. We also have an inspection requirement for those back flow prevention systems. We actually pay for that to make sure the people don't feel like the cost is so burdensome that they are not willing to get their inspections. That's in a hope to make sure that everybody follows the rules. But it is a constant -- you know, every municipal water system has to deal with these issues and they are constantly -- the guys in the field are constantly, you know, watching for these types of circumstances and I don't know if there is a fool proof way of doing that, other than trying to make sure everybody is aware and make sure that the staff and the people that are out there in the field are trying to be vigilant and watch for these potential situations. If we have seen one in the past happen in a particular location, we will probably go back -- and no doubt we will go back and keep an eye on that one. But having worked in other municipal water systems, it is a constant battle and they actually -- you know, at a certain size there is people who -- or systems who have a person that's dedicated to only that -- that thing, going and checking and looking for people who are taking water. Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, I mean both my department and -- and Public Works Department have had -- really tried very hard in the last couple of years at educating both the people that inspect -- because that's really where the problem is caught. In the Boyack's circumstance, for instance, the Boyacks didn't cause the cross-connection, someone else hooked this up and hooked it up incorrectly. So, it wasn't really their fault that this was done and it was done poorly by someone else. But the inspection side can catch a lot of these. So, I know Mr. Dees and I have discussed that and we have tried very hard to educate the folks that actually go out and do this type of work. Like Warren said, the city has paid for some of this work to get done, but educating those folks that are actually doing it, so that they are aware of what's out there and they can, essentially, sell that service to folks to get these Meridian City Council January 26, 2010 Page 14 of 25 things done to, again, make sure, is another method we have used to try to get out there and make sure, because, obviously, we can only have so many folks out on the ground doing this, but there are private companies that do it. So, we have tried, but I mean Warren's right, it's not -- not the easiest. Newer systems generally don't have this problem, but there are a lot of older systems in the city that this can be an issue. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Kind of a follow up on Mr. Hoaglun's question. The specific subject are properties that are outside of the city limits. Do we have jurisdiction to do an inspection on their property? Nary: If they are connected to our system we do. Zaremba: The pipe gives us jurisdiction. Nary: Yes. Zaremba: Okay. Thank you. De Weerd: Any other questions? Do you have anything further, Bill? Nary: No. We'd like your approval on the agreement with Boyacks and that was the only other thing we had tonight. De Weerd: Does Mr. Boyack want to add anything? Good evening. If you will, please, state your name for the record. Boyack: Rick Boyack. 4270 East Overland Road. De Weerd: Thank you. Boyack: As far as the approval of the agreement and stuff, I don't have anything to say about that and if you would lend your experience to our information, so maybe we can avoid some of the same experiences that you have had and I think we have heard of a couple of other experiences in the last month or two that we hope these kind of -- this kind of an informational brochure might be of help. We may want to also put it on our website, Bill. Nary: Certainly. Boyack: The one thing I do want to say about the situation is is that we are at the end of the line and the reason that we have this problem is because of the algae, the smell, and the taste of the city water. So, part of the agreement is somehow -- I'm not exactly Meridian City Council January 26, 2010 Page 15 of 25 sure how this is going to work, seeings how we are at the end of the line, that this system will be flushed before we have to hook up, if that comes to nature. But I think very important people on the end of lines that they do have quality water. De Weerd: Absolutely. Boyack: Now, whether it's flushed -- there was two options I was given, that it will be flushed -- which I'm probably -- I haven't found out a definite answer on how far I am from anybody that's taking off that main line to ours, but I'm assuming it's probably a quarter of a mile and I'm assuming it's probably about a 12 inch line in there. That's a lot of water that's going to have to be flushed to get me decent water. Whether it will happen or not I don't know. Whether there is chemicals added to the water doesn't impress me. But that was the other option. That's the only problem I have with this. De Weerd: Thank you for your -- Boyack: And as far as the -- as far as cross-contamination, there wasn't any concern there and as far as your back flow valves go, I think it's a great idea, but my recommendation is that I would put it closer to the meter, instead of somebody's house. That way it comes right off your meter, there is a back flow valve. If at any point there is across-contamination, at least it won't go back past your meter. I'm not a professional or anything, but that's my opinion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Warren, I got my back flow right off my meter. I thought the standard location was off the meter. Stewart: I'm not familiar with the installation in this particular case, but that is quite common for the back flow for them to be next to the meter in a -- Bird: I thought that was a standard. Boyack: It must not be, because my meter is out on the sidewalk and, then, it runs clear -- they dug up my lawn and under my house and my back flow valve is actually in my garage. De Weerd: Well, certainly, Warren, maybe we can use this information and see how we can look at maybe similar situations or at least future situations and how we can avoid those. Stewart: Yeah. I guess I have one quick question. You indicated that there is something out next to your sidewalk. Is there a back flow preventer next to the sidewalk? Meridian City Council January 26, 2010 Page 16 of 25 Boyack: No. The back flow is in my garage. Stewart: So, it's actually inside -- yeah. I would be happy to talk to you about that and find out more information on that. I'm not sure why it was done that way, but -- Boyack: It's probably -- I would have to guess probably 75 feet from your meter. Stewart: Okay. De Weerd: We will work to figure that one out. Hoaglun: I was just going to say, Mr. Boyack, we do want your input. You know, take that home, look it over. I mean you're kind of the hope -- you can help us make the change here -- Boyack: It sounds like -- yeah. Hoaglun: -- and, hopefully, it works for other people, so they don't have to go through the same situation. So, we would appreciate your help on that. Boyack: No problem. Hoaglun: Thank you. Boyack: I can do that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: One more question for Warren. Even though he's on the end of the line -- and I'm sure he won't be when the water is completely out there, because we try to circle the lines and bring it back in, we don't just shut it off. Water lines. Warren: Yeah. I'm not -- but again -- Bird: I mean why would we be picking up algae at this point? De Weerd: Mr. Bird, let's not solve this tonight. I think what we need to do is first see what the particular situation is in this case, because it doesn't sound like Warren is familiar with it and maybe to report back at some point of how we are to address certain issues that were raised, if that's okay, Mr. Bird. Bird: That's fine with me. I just want an answer. I definitely want an answer. Period. Meridian City Council January 26, 2010 Page 17 of 25 Stewart: I will make a note of it and we will plan to bring some information back to you at a future date. De Weerd: Thank you, Mr. Boyack. Boyack: You're welcome. Thank you. De Weerd: Bill, anything further? Nary: No, ma'am. De Weerd: Okay. Thank you. We do have an agreement, Council, but -- Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move that we approve the agreement for extension of domestic water and sewer service outside of Meridian city limits to the property known as 4270 East Overland Road and does the Mayor need to sign and the Clerk to attest as well? And I will include that in my motion. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Hearing none, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Mr. Nary, I assume we are done with your legal report. Nary: Yes, ma'am. E. Public Works Department 1. Budget Amendment for the Reclaimed Water Booster Station and Reservoir Project for aNot-to-Exceed amount of $635,050.00 2. Agreement for Design Build Services with the Team of JC Constructors, Inc. and Pharmer Engineering, LLC. for the Reclaimed Water Booster Station and Reservoir Meridian City Council January 26, 2010 Page 18 of 25 Project for aNot-to-Exceed Amount of $2,251,050.00 De Weerd: Okay. Item 6-E is our Public Works Department. Warren. Stewart: Thank you, Madam Mayor, Members of the Council. You may recall a couple of weeks ago our director Tom Barry came to you and made a presentation regarding the status of the reuse program for the City of Meridian and one of the items that was discussed specifically at that time was the booster station and storage tank project at the wastewater treatment plant. This project, as you may recall, was one of the backbone projects for the overall reuse program and was budgeted for -- and approved for the 2010 year for construction. However, when it was originally conceived the reuse program was planned as a low pressure and gravity delivery system and based on the lessons we learned at Heroes Park, as well as a desire to provide some better customer service to potential commercial and industrial users, we felt that it might be wise to modify our initial vision of this overall program or the distribution system and go to a high pressure system and we kind of brought that whole concept before you, as well as -- as we will discuss in the next item, the budget and bid for the construction of the booster tank and storage -- or booster station and storage tanks and try to get some direction on how you felt like you would want the program to go forward and based on the counsel that we received that night, we have put together this budget amendment, which I believe kind of does exactly what we had proposed to do and we are, essentially, asking you to approve this budget amendment. I would like to ask -- Jaycee, have you handed out that -- Holman: I apologize. Stewart: No. That's fine. I'm just -- I'm going to have the clerk hand out a little spreadsheet that I hope will actually allow me to give asynopsis -- a little bit more straight forward synopsis of how we are going to move forward in this, give you a little bit of the financing of it. As you may recall, the initial budget -- overall budget for the project is shown on line four of your spreadsheet, which was 1.45 million dollars. The overall booster station bid we had -- you may recall from that discussion that we had gone out and made a qualification and cost based selection for a design build team for this project and their initial cost was the item -- what's shown in Item 12 or line 12, which was the 2.4 million dollars. There was a number of deductions on their original bid that's shown -- the total of which is shown on line 21. There were some -- also some additions to their bid based on a few things that we discovered that needed to be modified or changed and, then, as you can see on line 34, there are some necessary expenses that the city will incur over and above the cost of the design build team, as well as some money in there for some contingencies, 160,000 dollars of which -- of that contingency is actually specifically outlined or set aside for the potential that we will not be able to slip line the Boise River out fall line with a 12 inch pipe and we will have to pipe burst it. That cost is worked in there, because they need to camera that line before we can actually make that determination, so we wanted to make sure that cost was in here in case that had to be done as pipe bursting, instead of slip lining. And as you can see, the overall funding addition that we needed is 1.1 -- 1.125 -- 050 million dollars. Meridian City Council January 26, 2010 Page 19 of 25 And that -- we propose to fund that from two locations. One is from savings that we were able to realize in the Black Cat trunk project from last year. We actually returned to the general -- or to the enterprise fund a little over 600,000 dollars from a favorable bidding environment that we had on that project. The second location for obtaining these funds is to actually postpone the 16 inch reuse line that was -- is slated for construction this year from Cheny to Ustick. That line will not actually be needed until the fall of 2011, because that's when the landscaping down here at the interchange will be ready and need to be watered. So, we can delay that for a year without causing ourselves any real grief and we propose to use the money that was allocated for this to fund this project. By doing it this way it's our feeling that we will essentially fund this overall budget enhancement -- or, excuse me, this amendment by a combination of money that we saved from last year and money that we had allocated for a different project that we are going to postpone until next year. So, there will not be -- the next effect will be -- it is, actually, an increase, because of the money that we are bringing about from savings, but it's, essentially, going to have a zero net effect. And with that I would stand for any questions that you may have. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd like to clarify this a little bit. A couple of things. I know it sounds a little high, but this is a necessary item, because this is going to pressure everything into Black Cat and to other locations, so we are not just -- we are not just putting something in that will handle Heroes Park. Another thing they will have to bring forward a budget amendment for the $635.50, which if there is no problem I'd certainly back it and hope the rest of the Council will back it, because it needs to be done. And I can tell you after meeting with the contractors and the engineers, they are going to beat down to the point of not even being funny. So, I can support that, but we will have to have a budget amendment. There is -- there is change to the overall budget from Public Works -- 635,050 dollars. But I'd certainly support this program. De Weerd: Thank you, Mr. Bird. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question for Warren on -- I just wanted to be sure -- we are going to postpone that Cheny to Ustick line. Right now they are doing the rebuild of the road from Cherry to Franklin. Are we piping that right now with -- and that will also -- that's already in the works? Meridian City Council January 26, 2010 Page 20 of 25 Stewart: That is correct. That's already under construction and the funding for that is outside anything we are talking about here. Hoaglun: Right. So, we are just going to have that one segment that we will have to do at a later date and I can't remember the timeline. I know there is a point where they are going to redo that Cherry to Ustick segment, but it may be we are just going to have to dig up pavement, put the line in, or is it going to be kind of concurrent with the road changes at the same time? Stewart: Actually, we will be doing that on our own, because ACHD has postponed the widening of that section of the road until I believe it's 2013. Hoaglun: That's right. Okay. You're right. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Brad, I asked the same question and here is the answer I got: We are going down right of way, we are not going down roadway. Is that right, Warren? Stewart: Yeah. We -- for the most part we are going to -- Bird: We are not going to have to do extensive road work, but we have to get it in before they do the road. De Weerd: There will be some road work, because there is a shoulder for a good portion of it, but there is some pavement that would have to be ripped up. Stewart: That is correct. That is my understanding as well, is that that section that goes from, essentially, Cheny to the treatment plant, will be on the shoulder of the road, but that there will be some rebuilding of the road necessary to put that in. The one that there will not be an extensive amount of reconstruction or roadway work will be the slip lining of the line from the wastewater treatment plant to Heroes Park, because we hoped to either be able to slip line or pipe burst that section. That will save us a significant amount of money. De Weerd: Thank you. Any other questions? Thank you, Mr. Bird and Warren. We appreciate you being involved in this and reporting back. So, Council, in front of you do have the budget information and a need to look at the budget -- or approve the budget amendment. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council January 26, 2010 Page 21 of 25 Bird: I guess we ought to do the budget amendment first, then -- is that correct? De Weerd: Uh-huh. Bird: So, now this is -- with your permission, David, I'll make the motion. I move that we approve the budget amendment, which will be brought forth within the next month for the sum of 635,050 dollars for the reclaimed water booster station and the reservoir project. Zaremba: Second. De Weerd: I have a motion and a second by Mr. Zaremba. Any discussion? Madam Clerk, will you call roll. Zaremba: Mayor, before we do roll, it looks like Warren wants to add something. Stewart: Yeah. Maybe I'm confused, but I believe the budget amendment is actually four -- the one -- the budget amendment that you have before you right now -- Bird: This is a budget amendment? De Weerd: Yes. Stewart: It's for 1.125 -- 050 million dollars. It includes two pieces. Bird: It can't be -- the one is already budgeted. The only thing that was not budgeted for this year was the 635 that you took out of your savings. Holman: Madam Mayor, Members of the Council, Councilman Bird, if you look at the budget amendment it looks like accounting made some adjustments to it. Stewart: Madam Mayor, Members of the Council, it was my understanding that in order to move the money from the one project to the new one, that required a budget amendment as well, so -- De Weerd: Yeah. It's a line item adjustment. Bird: It's a line item adjustment, not a budget amendment. They have got this 635,050 with a budget amendment and that's what I signed, so I --from what I can remember. Stewart: I apologize. I just wanted to make sure we didn't get started incorrectly. De Weerd: I appreciate you noting that for the record, that there is a line item adjustment for the -- Zaremba: Separate from this. Meridian City Council January 26, 2010 Page 22 of 25 De Weerd: Separate from this. Zaremba: Thank you. De Weerd: Okay. If there is no further discussion, we will go ahead and do roll call once again. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we enter into agreement for the Mayor to sign and the Clerk to attest with the Design Build Services and JC Contractors and Pharmer Engineering, LLC, for the reclaimed water booster station reservoir project for not to exceed amount of 2,251,050 dollars. Zaremba: Second. De Weerd: I have a motion and a second to approve the agreement. If there is discussion -- no? Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Thank you, Warren. Bird: Madam Mayor, before we go on I want to -- De Weerd: Mr. Bird. Bird: I can't complement Warren enough on what he's done to get this price down from where it was at and let me tell you that we had some engineers and contractors about ready to walk out on us and leave us holding the bag, but Warren come through and he did a heck of a job. Item 7: Items Moved From Consent Agenda Meridian City Council January 26, 2010 Page 23 of 25 De Weerd: Thank you, Warren. Okay. There were no items moved from the Consent Agenda. Item 11: Action Items A. FP 09-008 Seyam Subdivision by Ronald Van Auker Located on the North Side of E. Franklin Road, Approximately 1,000 Feet East of Eagle Road: Request for Final Plat Approval Consisting of 8 Building Lots on 38.94 Acres of Land in the I-L (Light Industrial) & C-G (General Retail 8< Service Commercial) Zoning Districts; and Request for Approval of a Waiver of the 25-Foot Wide Landscape Buffer Required in the I-L (Light Industrial) District to Non-Industrial Uses De Weerd: We will move to Item No. 8. Action items. FP 09-009. I will ask for staff comments. Friedman: Thank you, Madam Mayor, Council Members. This is a final plat application by Ronald Van Auker for final plat approval of eight commercial lots at the Seyam Subdivision. Council approved the preliminary plat in February of '07 and, then, the director approved 18 month time extension for the preliminary plat in February of '09, which is set to expire in August of this year if the city engineer's signature has not been obtained on the subject final plat. This area, as you know, is located down there east of Ashley Furniture and staff is recommending approval of the final plat. There is just a couple of little nuances with this approval in that the original condition in the preliminary plat was that the applicant needed to provide a ten foot buffer between the I-L zoned property, which are in the gray, and the C-G properties fronting Franklin, which are in the red. Well, subsequent to the final plat approval Council amended the zoning ordinance, the UDC, to eliminate the need for that buffer between those nonresidential land uses. So, the applicant, as part of this application, has asked Council to vacate that condition and staff is supportive of that request. The second condition of the preliminary plat approval is we had a plat as it was originally proposed splitting the zoning districts and the condition of plat approval was you either obtain a rezone to bring the zoning boundaries and the plat lot lines into conformance or you do a final plat that does the same thing, which brings the lots and the zoning into -- so they comport with one another and the applicant has chosen to -- through the final plat to arrange the final lot lines so that the lots follow the actual zoning. So, those are kind of two little twists on this, but we -- we do recommend approval of this. We have received a letter and communication from the application that they concur with the conditions of approval and the recommendations and are in favor of Council's approving the final plat tonight. And with that I will be happy to answer any questions. De Weerd: Thank you. Council, do you have any questions? Bird: I have none, Mayor. Meridian City Council January 26, 2010 Page 24 of 25 De Weerd: Any comment? Okay. Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the FP 09-008, final plat for Ronald Van Auker on East Franklin Road and to include staff comments. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Hoaglun: And just to clarify that, staff comment includes the waiver of the 25 foot -- Bird: Yes. Waiver of the berm. Hoaglun: Thank you. De Weerd: Okay. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Council, we are at the end of our agenda before 8:00 o'clock. I would entertain a motion to adjourn. Bird: So moved. Zaremba: Second. De Weerd: All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:00 P.M. Meridian City Council January 26, 2010 Page 25 of 25 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ,~~~~ MAYOR T Y De WEERD ATTEST: OoL ~ 0 2~ ~ .20/ o DATE APPROVED '~N, CITY~~K ~`~'~ .~ Q` ``. ~~ ~ ~Q C7 • • MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST City Council Minutes January 12, 2010 AGENCY COMMENTS CITY CLERK: See Attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cify of Meridian. January 26, 2010 ITEM NO. SA t .~ • MERIDIAN CITY COUNCIL MEETING January 26, 2010 APPLICANT ITEM NO. 5B REQUEST Resolution No. ~b "-7Q ~ :Adopting the Meridian Pathways Master Plan Amendments 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: ached 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. CITY OF MERIDIAN RESOLUTION NO. ~ D ' ~ C~ b BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, AMENDING THE PATHWAYS MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 2-2-3(A)(11) charges the Meridian Parks and Recreation Commission with reviewing and commenting on the City's comprehensive plan as it relates to parks and recreation, and the Meridian comprehensive plan includes, by reference, the Pathways Master Plan; WHEREAS, City staff from both the Planning Department and the Parks and Recreation Department reviewed and analyzed the Pathways Master Plan, compared the information contained therein to on-the-ground conditions, determined that the Pathways Master Plan contains some outdated and/or inaccurate information, and proposed amendments to the Pathways Master Plan; WHEREAS, on January 13, 2010, by resolution, the Parks and Recreation Commission directed the Parks and Recreation Director to request that the City of Meridian City Council implement the amendments to the Pathways Master Plan as set forth in the staff report, attached to the Commission's resolution as Attachment 1 thereto; and • WHEREAS, the Mayor and City Council find that it is in the best interest of the health, safety, and welfare of the people of Meridian to implement such amendments to the Pathways Master Plan; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the amendments to the Pathways Master Plan as set forth in Attachment 1 to the Commission's January 13, 2010 resolution, attached hereto as ExhibitA, are hereby accepted and adopted by the Mayor and City Council of the City of Meridian. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this Z~O~ day of 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this d~i~day of 2010. \\~\ >~` y ~ ~ `,, r T' y de Weerd ATTEST: ~ ~~~~ ~~, _ By: o aycee loran, City Clerk - -y ~ ~ , ~ O TES ~•r ~• RESOLUTION ADOPTING PATHWAYS MASTER PLAN AMENDMENTS Page 1 of 1 • EXHIBIT A MPR Commission Resolution - .Ianua~y 13, 2010 E IDIAN ®A~,® PARKS AND RECREATION COMMISSION A RESOLUTION OF THE PARKS AND RECREATION COMMISSION OF THE CITY OF MERIDIAN, IDAHO, RECOMMENDING THAT THE PATHWAYS MASTER PLAN BE AMENDED. WHEREAS, Meridian City Code section 2-2-3(A)(11) charges the Commission with reviewing and commenting on the city's comprehensive plan as it relates to parks and recreation, and the Meridian comprehensive plan includes, by reference, the Pathways Master Plan; and WHEREAS, the Parks and Recreation Department and Commission have reviewed and analyzed the Pathways Master Plan, comparing the information contained therein to on-the- ground conditions, and determined that the revisions incorporated herein as Attachment 1 are necessary to improve the Pathways Master Plan and future network; and WHEREAS, the Commission finds that providing opportunities for safe, fun, • interconnected, and convenient foot and bicycle travel is in the best interest of the health, safety, and welfare of the people of Meridian. NOW, THEREFORE, BE IT RESOLVED BY THE PARKS AND RECREATION COMMISSION OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Parks and Recreation Director shall request that the City of Meridian City Council adopt the amendments to the Pathways Master Plan as set forth in the update incorporated herein as Attachment 1. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Parks and Recreation Commission of the City of Meridian, Idaho, this ~ ~ day of Jciu ~ , 2010. APPROVED: Cre'g Steele, President Parks acid Recreation Commission RESOLUTION OF PARKS 8i REC. COMMISSION -AMEND PATH WAYS MASTER PLAN PAGE I OF 7 Attachment 1 UPDATE Proposed Pathways Master Plan Amendments December 9, 2009 The Parks & Recreation Commission recommends the following changes to the Meridian Pathways Master Plan for consideration by the Mayor and City Council: A. CINDER ROAD/EAGLE ISLAND Revise the narrative description for the Linder Road/Eagle Island Connector Pathway, Section A, as follows: Providing a connection to Eagle Island and the Greenbelt is vitally important for bicyclists of all skill levels. The recommended connection is a combination on- street facility and separated pathway along Linder from south of I-84 to the Eagle Island entrance off Linder. The pathway will begin on the west side of Linder south of I-84, continue with a physically separated connection over the interstate and proceed north to Franklin. From Franklin, +~ ' a striped, on-street bike lane will extend north to Chateau on both sides of the roadway. ~a~ -'+~-'••° ° °~+''°Y ~~a° ~~ T ~~a°• D °°a North of Chateau to Eagle Island ~e a separated pathway will proceed along the east side of the roadway. Pending roadway desi~an, the bike lane will likely continue in addition to the separated pathway north of Chateau. Revise the maps on page 4-3 ("Pathway Network Map") and 4-22 ("Linder Road/Eagle Island Pathway") as shown in Exhibit 1. B. LOCHSA FALLS/HEROES PARK Revise the maps on page 4-3 ("Pathway Network Map") and 4-24 ("Meridian Loop Pathway") as shown in Exhibit 2. The narrative description of the Meridian Loop Pathway, Section C (Meridian -Linder), states the following: "This pathway segment is completed. There is a short on-street segment connecting from Lochsa Falls to Heroes Park." A revision to the narrative is therefore not necessary. C. FULLER PARK TO TEN MILE Revise the map on page 4-3 ("Pathway Network Map") as shown in Exhibit 3. D. DOWNTOWN/E. 3RD STREET Revise the map on page 4-3 ("Pathway Network Map") as shown in Exhibit 4. E. RIVER PLANNING AREA Revise the map on page 4-2 ("Pathway Network Map") as shown in Exhibit S. RESOLUTION OF PARKS & REC. COMMISSION -AMEND PATHWAYS MASTER PLAN PAGE 2 OF 7 • • CHINDEN r i I I I ~ 1 I CM LAN i I ~ I r r r ~ r - _ W ' ' + ~ I o , j - _ ~' 1 a rt- \ ~ ~ I - ~ ~ W ~ ~ _ I ~ o _ ~ ~ \ y U ICK ~i I USTICK USTICK r - I 1 D J 1 1 / ~ I '~ 1 1 ,~ ~ ~ dHER E _ U - I Z ~ ~ I I i ~ U P a -- Z J l i Q ^ FRANKLIN ~ W ~ Z Q w J_ Z 1 ~ __. INTER -- ATE 84 INTERSTATE 8 ~_ - 0 2, 000 4, 000 8, 000 Feet . ~ ~ ~. Proposed Change N Change proposed 10' pathway to on-street bike lane from Cayuse Creek south to Franklin. Exhibit 1 RESOLUTION OF PARKS & REC. COMMISSION-AMEND PATHWAYS MASTER PLAN PAGE 3 OF 7 • _~~ ~ cn o a m ~ ~ o ~ o a ~ ~ ~ m ~v O is a ~.~ n ~~~~ r ~ ~ ~ o a ~ o ~ ~ a ~ ~, a-.m ~c~~ o ~ °- a D ~ ~ ~ ~ ~ o Q ~ cD ~ O ~ n ~ (D (7 C7 ~ N ~ ~ m ~- N ^ ^ ~ ~ ~ ~~ y1 0 ~ o m ~ ~n ~O o. m _ a ~ ~ ~ o ~ $~$ C_ £ j ¢3 ~ ~ ~ ~~ I /, i~ _ _. .__ i.~_ TEN MIL ___ --~-- - ,;~~~ - ~~ i- I~ ~ ! J ~ ~ I u -, ?~ J - wf ~ ~~ VAR-SPRNjCE ~ ~ J I __ ~~ ~ - ~ 1 / ~j I '~~(/ / / \ ,% .\ i __ ~\ . __ ^ , • / / % ,__ -~, , ~ ~ y, --_ ~, . Al ~ _, y I i 1 ~ m ~~ ~ ~ ~~ ~' m ~ P ~ ~~ ~ \ ~ ~ __ 1 __ • 1 T ~\ ~~ ~ ~ /~~~ ~~ ~ r~~ %~ ~t ~'~ i ~f~ ~ ~ ` ~ LAK ~ ~... ~` ` ~ ~~~ : ~1 ~~` ~~ _. ~ `I ~ ,O - ~. ~ I' ~ ~ ~ ~ I RESOLUTION OF PARKS & REC. COMMISSION -AMEND PATHWAYS MASTER PLAN PAGF, 4 OF 7 • • v ~ o o v ~ ~~ ~ ~~~ (D O S N N n j `G (D r-F ._-r ~ ~ _ T ~ ~ ~ ~ ~ ~ ~ fD p (D C fU W _D ~ O (D tD ~ ~ (~ ~ ~ ~' v ~ ~ ~ ~ ~ N ~ O ,~ ~ -p 7c p w ° ~ ~ ~ o nrn n~ ~~ (~~ m mX >~ N~~CD ~~ orn ~rn ~'~ ~o~~~°~ v ~ a ~ ~ . ~ N ~ •<? 0 ~ ' ocD~ N ~ ~ ~ 7 N ~ _, ~ p (D ~ (D O ,~+~ ~~ ~ O_ ~ Ul (D fD -i ~ tD X. C ~ p 1 r~-h ~ ~ ~ ~ ~ p 'SQ ~(0 Q ~ v ~ S ~ (D ~ 7 ~ `G (p 1 rn x r rrf W I I I I ~ 0 ~ X ~ ~ n O ~ .N-. a O m ~ N v ~ Q a ~ ~ ~ ~ n Ol O S 7 ~ ~ ~ 7 F lD ~ ~ ~ ~ O Y ' ~~ f.. 9{ ~ ~ + _ _ - ~ ~ / • s?~ ~x • ~ I. / 14 cruel ' _...F I- y t ~ e ~ A+~1, 0 ' ~ _ .r ~ ~Y ~- - ~ ~. 3~,~ T _ a r 3 = / i i ~ ~ t cam" - ~ ,~:~ _ . t: ~. ~ ~ _ ~ i'" ~ - ~ - ~ ,Y ~'•,~ U -;1. %~ wr~ R~ r Y [~ l `~~ d 7 rr ,~ ~ ¢ ~ ~-~. ,~ m ~ ~, ~ r' ~ r ~, ~~~ s~~ ~ ~'3f ,a~, ~: ' ~ y `d'a N.~~ } '~`' ~ 1..~ ~ ~2 4 r Y ~~ ~ ~ ~ ~ ~ I ~ F~ _ _ ~ F _ Y iC" _ •~ ~ 4 ~ ~ ~ I -•- ~y~~.< ~ ., ~~~~ ~ 1. .. ~ _ :~ . - -- t ;.„i S ~ ~~~ T ~ $ su~9 d4 ,~S,tj ~ ~ ~ s ~ ~~ J ~ _ - i~ ~, 1 ~ -. 1 ~ F~ _ ~ ~~ r _ <..N ~ r ~ ~ ~ ~ ~ !~ .}~ T 3 -~ b ,_ ~ 1. ~ ..+ ~'~ TEN MACE _. _-_ •- ~ ~ ~'`~TF2 '~~`.- _ _`a iU RESOLUTION OF PARKS & REC. COMMISSION -AMEND PATHWAYS MASTER PLAN PAGE, 5 OF 7 • • z a 0 W CHERRY ~ FAIRVIEW ^ ^ ^ ^ ^ - ^ ^ ^ • ,. . ^ ^ ~ ^ ^ • ^ ^ ^ , - - ~ ~ ~ ~ .. ^ ^ ~ ~ ~ ~ _ ^ • ~ ~ ^ ^ • ~ • a _ ~ ~ - z ^ - Q z ~ 0 a ^ ~ ~ - W ~ PINE Z `- ^ 0 125 250 500 750 1,000 Feet Extend E. 3rd St. On Street Route north to Fairveiw along proposed roadway extension alignment. Add on street connections on Fairview from Main St. to Lakes Ave. crossing, and on Washington from E. 3rd to Cathy and north to tie in with Five Mile Creek Pathway Segment H.1 at Badly. Exhibit 4 • • • ^ Proposed Change Existing Pathway - - Long-Term Route Micro Path On Street Route ~- Proposed Pathway RESOLUTION OF PARKS & REC. COMMISSION -AMEND PATHWAYS MASTER PLAN PAGE 6 OF 7 o a ~Q ~o ~ ~ N ~ .+ O ~ -p O ~ C ~ (fl ~ ~~ 7 ~ ~ ~ ~~ `~ ~ m .~ x ~ ~ o ~ ~ n~ D~ O ~- -~ 0 m X r~ V^ "D O O Q (7 m c c CN C 1 h: fD ' 7, r~ as 4 ' 11 n 's m ~ r i x b i ID EMMETT ,i LACK CAT A } _._ - a A • ^ t ~ ~ __ ~ • _.. ~ _ P MER ~ 1 A ~. ^ m . ~ _ ..~_ . ~ __._ ~ ~ _ ~ 3 B / r m~ ~ ~. N. ~ m ~ ~~ i J ^ • H 1 ~• } ~ ~ ci ~~ 2 ~ a~ ~ Z ~ 1 m Z CINDER ~~ `a~ ,~ / a z ~ o' ' '! - ~ a3~ / f `~~ ¢n ~~ RESOLUTION OF PARKS & REC. COMMISSION -AMEND PATH WAYS MASTER PLAN PAGE 7 OF 7 • • • MERIDIAN CITY COUNCIL MEETING January 26, 2010 APPLICANT ITEM NO. SC REQUEST Master Agreement for Professional Services with Forsgren Associates, Inc. for Various Engineering Services for Under $25,000.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY PUBLIC WORKS: 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. COMMENTS See Aftached • MASTER AGREEMENT FOR PROFESSIONAL SERVICES UNDER S2S,000 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 19th day of January , 2010, and enured into by and between the City of Meridian, a municipal corporration organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Forsoren Associates. Inc. ,hereinafter referred to as "ENGINEER°, whose business addn:ss is 415 South 4 Street. Boise. ID 83702. INTRODUCTION 0 Whereas, the City has a need for various engineering services to be defined by individual Task Orders which will set forth Specific Services, Time of Performance and Payment.; and WHEREAS, the ENGINEER 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 S®rvices: 1.1 Upon execution of this Agreement AND any associated Task Order, and accompanied by a written notice to prot~ed, ENGINEER shall perform and furnish to the City, all services, and comply in all respects, as specified in the corresponding Task Order(s) and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents or materials acquired or produced by the ENGINEER in conjunction with the project shall become the property of, and be delivered to, the CITY without any restrictions or limitations with respect to their further use thereof. All documents or materials prepared for the CITY shall not be d~s#ributed by the ENGINEER, sub-engineer's, their agents, represerrtatives or employees to any third party without the express written consent of the CITY. Use of these documents by the CITY on any other project, without written verification or adaptation by the ENGINEER for the specific purpose intended, will be at the City's sole risk and shall be without liability or legal exposure to the ENGINEER. The MASTER AGREEMENT FOR ENGINEERING SERVICES- page 1 of 8 CITY shall indemnify and hold harmless the ENGINEER ftom all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the use of such documents. Any verification or adaptation will enti8e the ENGINEER to further compensation at rates to be agreed upon by the CITY and the ENGINEER.° 1.3 The ENGINEER 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 ENGINEER represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and associated Task Orders and that are in effect at the time of perfomrance of this Agreement and associated Task Orders. Except for that representation and any representations made or contained in any proposal submitted by the ENGINEER and any reports or opinions prepared or issued as pert of the work performed by the ENGINEER under this Agreement, ENGINEER makes no other warranties, either express or implied, as part of this Agreement. v 1.4 Services and work provide by the ENGINEER at the City's n~quest under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agr~ to. The Schedule of Work may be revised from trine to time upon mutual written consent of the parties. 2. Consld®ra~on 2.1 The ENGINEER shall be compensated as defined by corresponding Task Orders per the attached °Rate Schedule" identfied as Exhibit A to this agreement and may not exceed $25,000.00 per Task Order. 2.2 The ENGINEER shalt 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 ENGINEER under the terms and condfions of this Agreement Payment of all taxes and other assessments on such sums is the sole responsibility of ENGINEER. 2.3 Except as expressly provided in this Agreement and corresponding Task Orders, ENGINEER shall not be entitled to receive from the City any add~ional cx~~eratlon, compensation, saMary, wages, or other•type of remuneratfion for services rent;!®red under this Agreement., including ,but not limited to, meals, lodging, transportation, drrawings, renderings or MASTER AGREEMENT FOR ENGINEERING SERMCES- page 2 of 8 mockups. Spec~fic~lly, ENGINEER shall not ~ entitled by virtue of this Agreement to consideration in the form of overtnne, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Tlme of P®rformanc~e: This agreement shall become effective upon execution by both parties, and shall automatically renew annually on January 1~ unless sooner terminated in writing. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either pasty, or (b) sale of Engineers business. 4. Indep®ndent Contractor: 4.1 In all matters pertaining to this agreement, ENGINEER shall be acting as an independent contractor, and neither ENGINEER nor any officer, employee or agent of ENGINEER twill be deemed an employee of CITY. Except as expressly provided in Exhibit A, ENGINEER 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 agneement shall be made by the CITY. 4.2 ENGINEER shall determine the method, details and means of performing the work and services to be provided by ENGINEER under this Agreement. ENGINEER 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 ENGINEER in fulfillment of this Agreement. 5. Ind®mnlflcation and InBUrance: ENGINEER shall indemnify end 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 ccets including litigation costs and attorney's fees, arising out of, n~ulting from, or in connection with the negligent acts and/or errors or omissions by the ENGINEER, 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. ENGINEER shall maintrafn, and specifically agrees that it will maintaih; throughout the term of th~:Agreement, liability insurance in the minimum amounts as follow: General Liabil~y One Million Dollars ($1,000,000) per incident or ocxarrrence, Professional Liability/ 1 Professional errors and omissions One Million Dollars {$1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,OOD,000) per incident or occurrence and workers' MASTER AGREEAAENT FOR ENGINEERING SERVICES- page 3 of 8 Compensation Insurance , in the statutory limits as required by lew. The CITY shall be named an additional insured on both General Liability and Automotive policies. 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 exc~sss of the insurance limits, herein provided, ENGINEER covenants and agrees to indemnify and save and hold harmless CITY from and for ail such losses, claims, actions, or judgments for damages or injury to persons or property and other , including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the ENGINEER or Engineer'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. ENGINEER shall provide CITY with a Cert~icate of Insurance, or other proof of insurance evidencing ENGINEER'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 ENGINEER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, ENGINEER 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 83842. 6. Notices: Any end all notices required to be given by either of the par4es hereto, unless othenwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certffied, return reosipt requested, addressed as follows: City of Meridian Purchasing, Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Fonroren Associates. Inc. Attn: Lanv L Evans 415 South Forth Street Boise. ID 83702 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 commenca:d between the parties hereto c~mt~rning this Agreement, the prevalling party shaD 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 MASTER AGREEMENT FOR ENGINEERING SERVICES- page 4 of B jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall .survive any default, termination or forteiture of this Agreement. 9. Assignment: It is expnsssly agreed and understood by the parties hereto, that ENGINEER shall not have the right to assign, transfer, hypothecate or sell any of its rights under th~ Agreement except upon the prior express written consent of CITY. i 0. Discrimination Prohibited: In performing the Services required herein, ENGINEER shall not unlawfully discriminate in violation of any federal, state or local law, rule yr regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. R®ports and Information: 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 ENGINEER 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 and associated Task Orders. 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 then~f. 12. Audits and Insp®cdons: At any time during nomral business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of ENGINEER'S records with rasped to all matters covered by this Agreement. ENGINEER shall permit the GiTY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contract, invoicx3s, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters cwvered by this Agreement. 13. Publication. Reproduction and Use of Aiiat®rial: No material produced in whole or in part under the 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. MASTER AGREEMENT FOR ENGINEERING. SERVICES- page 5 of 8 14. Compliance wig Laws: In performing the scope of services requin:d hereunder, ENGINEER shall comply with all applicable laws, ordinances, and cxldes of Federal, State. and local governments. 15. Changes: Any and all changes to this agreement must be in written form and agreed upon by both parries and in the form of a Contract Amendment executed by both parties. 16. T®rminatlon: If, through any cause, ENGINEER, its ofttcers, 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 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 notices to ENGINEER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. ENGINEER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. Termination of this agreement by Engineer does not relieve Engineer from any outstanding work from any associated Task Orders. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by ENGINEER under this Agreement shall, et the option of the CITY. become its property, and ENGINEER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ENGINEER, and the CITY may withhold any payments to ENGINEER for the purposes of set-off until such time as the exact amount of damages due the CITY from ENGINEER is determined. This provision shall survive the termination of this agreement and shall not - relieve ENGINEER of its liability to the CITY' for damages. 17. Construction and Sev®rabilil~y: If any part of this Agreement is held to be invalid or unenforceab~, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the rerts~inder of the Agreement is reasonably capable of completion. 18. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attom~ey's or the opportunity to seek such advice. MASTER AGREEMENT FOR' ENGINEERING SERVICES- page 6 of 8 18. Endre Agreement; This Agreement contains the entire agreement of the parties and supersedes any and alf 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 accordanrs with the laws of the State of Idaho, end 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 FO EN IATES, INC. BY: ~,~c, ( ~- TAMMY EERD, MAYOR . BY: rry L. Evans, Division Manager Dated: I 'Z ~ - Z©! O ,., ~ ~ • • ~ Dated: ~ J~ --~ 2~) o Attest: ``~~~~~C~~~! M~®0'~ r"'.- ~oT ~L -. s ~~~ J CE . HO ITY CLEF~C 9 ~,~ ~~cS' ` ~i~40,9 r• 1S'~ ~ ~`.`~ ~ ~~ ~ Approved as to Content ~~~~'''~~ ~~~`~~~~~~`~,```` Departm®nt Approval BY: KEITH ATTS, PU CHASING MANAGER Dated: 1- 2 ~ - 2 ~ 1 Approved as to Form CITY ATTORNEY 1-13-2010 .• BY: ~ NAME: y/~, ~ TITLE: .rtr~" ~i ~y ~ ~- I Dated: _ ~O~td~ o MASTER AGREEMENT FOR ENGINEERING SERVICES- page 7 of 8 EXHIBIT A • RATE SCHEDULE ~~ SIREN FORSGR TITLE C 01 EN ASSOCIATES, INC. ODE RATE SCHEDULE JANUARY 2010 TITLE CODE TITLE HOURLY RATE En sneer/Scientist VI Princi aVService Leader $210.00 En sneer/Scientist V Mane in En ineed~ientist $180.00 Engineer/Scientist IV Senior Project En ineeNScientist $145.00 En sneer/Scientist III Pro act En ineeNScientist III $125.00 En sneer/Scientist II Pro'ed En sneer/Scientist II $105.00 En sneer/Scientist I En sneer/Scientist in-Trainin $85.00 Drafter V Draftin Mana er $100.00 Drafter IV Senior Des' ner $90.00 Drafter III Des ner $80.00 Drafter II Pr DraRsman $70.00 Drafter I Draftin Technician $80.00 Ins actor V Construct. Mgr/Supervising Ins rt. $100.00 Ins ctor N Senior Ins or - $80.00 Ins or III Pro act Ins or $70.00 Ins or II Project In or $60.00 Ins ctor I Assistin Ins or $50.00 Clerical III Pro Assistant III $70.00 Clerical II Pro act Assistant II $60.00 Clerical I Pro act Assistant I $50.00 Rates are fully-loaded with direct labor, overhead, and profd. Reimbursables are charged at cost plus 10%. Sub-consultants are charged at cost. Mileage will be billed at the current IRS a roved rate. Rats are fixed for the farm of thls a regiment. MASTER AGREEMENT FOR ENGINEERING SERVICES- page 8 of 8 • REQUEST Water Main Easement for Diamond View Assisted Living MERIDIAN CITY COUNCIL MEETING APPLICANT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY PUBLIC WORKS: 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 Cffy of Meridian. January 26, 2010 ITEM NO. SD ~ ~~i~E IDIAN~- PL1bi1C ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the~,yC~ity Council FROM: Denny Cline ~`~'""`~' DATE: 1/14/10 SUBJECT: Water Main Easement for Diamond View Assisted Living I. RECOMMENDED ACTION A. Move to: • Mayor Tammy de Weerd Keith Bird Brad Hoaglun CFwrles Rountree Dwtd Zarembo 1. Approve a Water Main Easement for the Cit~of Meridian, located on site of the Diamond View Assisted Livingparcel by Diamond View Assisted Living LLC This easement provides The City of Meridian access Yo new water mains being installed, tv provide service for the new proposed Diamond View Assisted Living facilities. 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Tam Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Denny Cline, Development Analyst II L' ~~~ 489-0372 489-0362 489-0369 489-0363 Page I of I aoa oouKnr REI~RDER ~. oavlo uavaRRO a~ouur .oo solsE hallo o~nrno o~l:~ P~ ll p t?EPUTY Qall Q~rrett ~~~ ~I~~~~~~~~~~~~~~~~~u~~n~~~~~ ~ ~~~ RECQRDED-REQUEST OF Meridian City 110~1~7'~~$ WATER MAIN EASEMENT THIS INDENTURE, made this day of ~ 6 ~ . 20~between Diamond View Assisted Living, LI.C, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the Party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire toprovide a watermainright-of-way across the premises and property hereinafter particularly boarded and descn'bed; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect m said pipeline from time to time by the Crraatee; NOW, THEREFORE, in consideration ofthe benefits to be received bytheCn~tOrs, andothergoodand valuable consideration, the Grantors do hereby give, grant and oonvey unto the Grantcetheright-of-way for an asement for the construction,, operation, mai~enance, repair, replacement of a watermain over and across the following described Property: (SEE AZTACHED EXEIIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their alliedfacilities, togetherwiththeirmaint additional connectionthereto, re~a~replacemenRat the convenience of the Grantee, with the free right of s to such facilitaies at any and all times. TO HAVE AND TO HOLD, tine said easement and right of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or malting subsequcet connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything Placed within the area desrar'bed in this easemen that was placed. there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or pere3mrial shrubs or flowers within the area descn'bed for this easement, which would interfere with the use of said easement, for the purpcees stated herein. THE GRANTORS hereby covenant and agree with the Grantee tint should any part ofthe right~of--way and easement hereby granted shall becrome part oi; or lie withinthe boundaries ofany publicstaseex, then, to such extent, suchright-of-way and easeme~ hereby granted which lies within such boundarythe~f or which is a part thereof; shall cease and become null and void and of no fi>rtber effect and shall be completely relinquished. water whin F.asemem EASMT wTR THE GRANTORS do hereby covenant with the Grantee. that th are lawfull seized and ssessed of ~ y ~ the aforementioned and described tract of land, and that they have a good and lawfW right. to convey said easement, and that they will warrant and forever defend the title and quiet possession thereofagainst the Lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: fM %` '~ Managing Member STATE flF IDAHO ) )~ County of Ada ) On this i~ day of ~e,,t~w~~,~-.c, . 20 C~ before me, the undersigned, a Notary Public in and for said State, personally appeared SCCS~"[' ~:akt-1S , known or identified tome to be the Managing Member, respectively, of the Limited Liability Company that executed the within instrumerrt, and acknowledg~l to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~O~°~N Aa6~rR'-y {s]~,'~1' ~ NO AR PUBLIC FO AHO "'~ Residing at ~ ~,`~n 1~4 ~~ ~, pUN1,1G •~ Commission Expires: ?,• ~} • 21~~~-• .• ~~~9T~ 0 F 1OP~o~,,• • Water Main Easement EASMT WTR • ~,~~uuu~~ir~i~i ~~ i GRANTEE: CITY OF MERIDIAN `,~,,,•~~`~ OF ~qy'~.,~~, r ~~ 8~~ Tammy d, Mayor _ 9~ ~~ i 9O ~ T'S~ ~ P~ ``` o: N-Nnn u~~~N Attest aycee L. Holman, City Clerk Approved B3' City Council On: ~ Q~van.A ~,~ ~d I O STATE OF IDAHO ) ss County of Ada ) On this th day of , 20 lD 'before me, the undersigned, a Notary Public in and for said State, personalty 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 instrim~ent, and acknowledged to ~ that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and a~nced my official seal the day and year first above written. .•tiGA J~~V~p'-• •~, '~ .~ ~. • , ~ s f ~ %Q • • '~,~ PU8L1~%'~`Z`' •••~9~ Off' ~'•• ~....~• TARY P C FOR IDAHO R 'ding at: Ihu tin , t D Commission Expires' Jgn ~y a~T_ Water Main Easement EA3MT @VTR • 332 N, liroadmorr Wa~• ~@ PL4NN/:VG I1VC. Ni1111pi1~ I1)I ~~6~7 I'h: (208) x#42-6300 • I~a~: (208) ~I66-0941 l'rojcct: t'U8U_51 1)aie: Novctnbcr 2>, 2()Ut) Paso; 1 of 1 Exhibit A-I (Ynrinble rt'il~it/t Dnntestic !~'nler Easemertl) • 7"IZis parcel is situated in a poriiu» of the SWl/4 of the SW 1/4 and tl~e 511!4 of the SVv 1!4 of Section 28, 'I~owaiship 3 North, }tango 1 cast of the I3oise 14'Ieridian. Ada (booty. Idaho and is mire partit;ularly dGSCribed as follows: ('~)NiME:N{:.INCi at a ~/4-ittc}i iron pin marking the soutli~vesi cottitcr of'slid S1h'1!4 of the SV1.'l/4, said point refecet~eed in C.P.~cF. Instrument No. 16630U09GG, on file in the Office ol'the Recorder, Ada County; thence along the south boundary of saaid S W 1 J4 of the S W l !4, A) S.t39° t 7'US"1., 91 A. } 1 feet; thence parallel «+ith. tho east boundary of said S W l /~1 of the SV4'114, i) N.UU°32' l4"1;., SUU.65 feet to the >E'OINT (l1F' BEGINNING; the;ncc continuing, }3) N.OU°i2' 1 ~"ls., 2U.Ufl feet; thence, ]) 5:89°UG'31 "1~:., 64.35 feet; thence, ?) N.UO°31'37"t:., 9.29 feet to a point can the north boundary cat' a parcel described in Instrt.tmcnt No. 1U2U89863, on file in the Office o('the I:c,corder. Ada County; thcncL along s~iid north boundary. 3) 5.89`'?8'23"I;., 2U.UU loot; thence leaving sairi ~„Mt, ~,.,,,,,:t.,,.,: • 4) S.UO`'3I'37"W., GG.:33 fcirr th~ncc, 5) 5.89°5f,'UO"W., 35.24 feet; thence, 6} N.00°UU'00"F.;.. ]S.UI feet; thence. ~ 7} N. 9U°t){)'{)0"C.. 5.34 feet: thence, 81 N.(fU°31'i7"T?., 32.23 foci; thence. 1..:1i'08QS l1t'rujcct milesSurveyiDescrigtionslE;xhibit A-2 Wacer.doc • Project: t'08(}51 13atE; Jtinc 23, 20D9 N~tgc: 1 of 1 ~); N.K~)GOG' ;1 "~~l., E~4.35 feet tt~ tiie YOIN'I' {)F BEGiNI\ING. t'UN"l :WINING 2,64)5 syuarc feet. more ~r less. SULiJLt'"1• •I'(): ,111 t~,acements. (tights, Rights-~t=way aid all ~~thcr i?~icumhrances crl'rccorci car Implied, L.:~C'U$OS111'roject F~ilcs~Surveyit~exriptirnrslF.xhibit A-2 Water.dac • 332 N. Broaclmore Way & PLANNING JN~ Nampa, IU 8368' Ph: (208) 442-6300 • Fax: (208) 46G-0944 Project: CO805 t Date: December 17, 2009 Page: I of 3 Revised Exhibit A-Z (Variable width Domestic Water Easement) • '['his easement is situated in a portion of the SW1/4 of the SW 1/4 and the SE1/4 of the SW 114 of Section 28, Township. 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho and is more particularly described as follows: COMMENCING at a 5l8-inch iron pin marking the southwest corner of said SW 114 of the S W 1l4, said point referenced in C.P.&F. Instrument No. 1663000966, on file in the Office of the Recorder, Ada County; thence along the south boundary of said SW 1/4 of the SW 1l4, A) 5.89°l7'OS"1;., 1141.97 feet; thence perpendicular to said south boundary, l) N.00°42'55"E., 25.00 feet tv the POINT OR BEGINNING; thence, 2) N.00°42'55"1:., 72.00 feet; thence, • 3} S.89°17'05"E., 32.45 feet; thence, 4) N.00°42'OS"E., 39.05 feet; thence, 5) N.44°17'55"W., 14.40 feet; thence, 6) 5.45°42'05"W., 4.15 feet; thcnce~ 7) N.44°17'55"W., 10.00 feet; thence, $) N.00°42'05"E., 7.27 feet; thence, 9) N.90°00'00"W., 40.91 feet; thence, 10} 5.45°00'00"W., 19.08 feet; thence, 11 } N.44°09'58"W., i 0.69 feet; thence, /~ 1.:IProject C'iles~C0805115urveylDescriptionslExhibit A-2 Water-revised.doc ~~ i ~ r i i i • Project: C08U5I Date: December 1 ?, 2009 Page: 2 of 3 12) N.00°UO'00"F.., 10.30 feet; thence. 13) N.43°1 T21'B., 10.34 feet; thence. 14} N.90°00'00"L., b9.27 feet; thence, 15) N.26°01'04"W., 12.19 feet; thence. 16) N.00°42'05"E., 32.43 feet; thence, 17} 5.89°1 TS5'B., 10.00 feet; thence, 18) 5.00°42'05"W., 28.18 feet; thence, 19) S.26°01'04"E., 12.30 feet; thence, 20) 5.00°00'00"E., 14.02 feet; thence, 21) 5.44°17'55"E., 22.08 feet; thence, 22) 5.00°42'05"W., 47.34 feet; thence, 23) S.89°17'05"E., 111.25 feet; thence, 24) N.45°42'55"E., t 4.24 feet; thence, 25) N.00°42'05"E., 218.10 feet; thence, 26) N.90°00'00"E., 9.87 feet; thence, 27) S. I b° 11' 12"E., 7.97 feet; thence, i 28) 5.89° I T55"F,., 16.77 feet to a point on the easterly boundary of a parcel described in Instrument No. 108038540, on file in the Uffice of the Recorder, Ada County; thence along said easterly bowidary, 29) S.Z 1 °4734"E., 21.65 feet; thence leaving said easterly boundary, 30} N.89° 17'55"W., 17.24 feet; thence, 31) S.00°42'05"W., 193.88 feet; thence, 1.;1['roject Pi]es1C0805115uiveylDescriptionslExhibit ~-2 Water-revised.doc • Project: 048451 Uatc: December 17, 2009 Page: 3 0l' 3 32) S.45°42'5$"W., 30.81 feet; thence. 33jN.89°17'05"W., 151.87 feet; thence, 33} S.00°42'55"W., 51.86 Feet to a point which lies 25.00 feet north of the south boundary of said S W 1 /4 of the S W 1/4; thence parallel 4vith said south boundary, 34}N.89°1 T05"W., 20.00 feet to the POINT OF BEGINNING. CONTAINING 12,531 square fect, more or less. SUBJECT TO All Easements, Rights, Rights-of--Way and all other )encumbrances of Record or Implied. • ~. 1,:1Project I~ileslG`080511Survey\Descriptionsllrxhibit A-2 Water-revised.doc • POINT OF COMMENCEMENT LS NB9'O6'31 "Yl --~~~-- EXHIBIT LINE - - ~ - SECTION LINE --------- EXISTING EASEMENT ------- 80UNDARY uNE A -- r ~~-- LINE NOT TO SCALE ^\ 1 J '' O FOUND 5/8" IRON .ROD V~ 9 CALCULATED POINT, -K- NOT SET KARTlNEL SOBD(VISlON HOOK 88. PAGE 6764 l4 - ~ .. - . ~ - .` ~ - - - ~ N.T.S. 500'31'37Vr ~ ~ ' 66.J2' s~~a~rrA->t ~ . Ls I ;.;C u..'ala. >w.u ~ 1781 L9 25.60 Na0'42'55'E Lt0 32.45 S89'1>'05'E u 1 39.as NOP42~a5'E U 2 14.40 N44' 1 T9SYl L73 4.15 545'42'05`W Lt 4 10.06 N44' 17'S51Y L15 727 N00'42'OS'E L18 40.91 N90'00'OO~N L17 18.08 545'00'OO~1V L78 10.88 N44'OB'S81V L19 10.30 NDO'00'00'E L20 10.31 N4$17'21'E L21 1279 N28'0+'0419 L22 3243 N00'42'05~E L23 10.00 SBB'17'55'E L24 28.18 SOa't2'a51v L2S 12.30 S28'Ol'04'E L28 14.02 S~'00'00'E L27 2208 544'17SS"E L28 47.3 S00'42'05'tY ast..nw. ti.A 1~~ LinaO~ L2B 14.24 N45'42'S5'E L.'70 8.87 N90'OD'00'E L31 ZB7 S18'11't2'E L32 18.77 S69'17'55'E L33 21.65 S21'47'J4'E L]4 17.24 N59'17'SSY! L79 30.81 545'42'SSYf l98 20.00 NB9' 17'x5 89.27' l7B l15• L1 A-2 POINT OF ~ BEGINNING 222.85' EAS°I' AIVIITY ROAD f ': s ., i I D .. I li r ~ LJQ-~ ~r-~3t~. 0~~56 *y ~` 1 ~ 'P~ S~ DTI' A-2 ~~~ l,~ ~ J Lt0 ~ QTR S89'17'OS'E _\~~ f tsl.er I $~ ~, B vl/ts~ - PROJ~' N0. DIAMOND VIE~Y ASSISTED LIVING :>~ ~.n.~ 51~~ Zo Fooa v+vmE wA~ ~ of ~ EXHIBIT B ,~ srEvc so~clcl MERIDYIN IOAFIO FRI7Z BRQWNELL SECTION 28, T.3N., R.I E., B.M. ~X~-II~IT ~~~'~ LP.cBND ~~ V~ ~,~ 7JM0 >IrY1- Dtncus. l1 25.00 N00'32'14'E L2 20.aD NOtr32'i QE L3 8.28 Na0'JI'J7'E La 20.00 589ZB'23'E L5 2524 569"58'DO'W Le 15.01 NOG'00'00'E L7 S.3B N9tr00'00'E l8 22.23 N00'37'JTE /~ +~ i ~ / ~ r sssas•J1 I 64.. t •, A-1 POINT OF` BEGINNING I ~` 1wO ~'V xo ~b pv ya ~~ ~o Pew C I I (41 I I 1 I 1 ----------------J I ~ r~ o19.t1' • • • MERIDIAN CITY COUNCIL MEETING January 26, 2010 APPLICANT ITEM NO. 5E REQUEST Water Main Easement within a Private Road Easement for Diamond View Assisted Living AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY PUBLIC WORKS: See Attached 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~- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline ~~ DATE: 1/14/10 SUBJECT: Water Main Easement for Diamond View Assisted Living I. RECOMMENDED ACTION A. Move to: Mayor Tammy de Weerd Keith Bird Brad Hoagiun Charles Rour-tree David Zaremba I. Approve a Water Main Easement for the City of Meridian located in Martinet Subdivision,. Lot 1, Block 1, within a Private Road. Easement b,~rry and Gladys Allen (husband and wife). This easement provides The City of Meridian access to a new water main being installed in a private road, Martinel Lane, owned by Larry and Gladys Allen. This water main will be extended to the adjacent property to the east, to provide service for the Diamond View Assisted Living facilities. 2. Authorize the Mayor to sign the easement. II. DEM'ARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Denny Cline, Development Analyst II ~-~ ~- 489-0372 489-0362 489-0369 489-03 b3 Page l of 1 • ADA COU{ft1f REI~RDER d. DAVID BOISE {DAHO 0112760 01:~ PM DEPUTY Oall ©srrett REtARDED-REQUEST OF pRerldian C{iy NAVARRO A~uni .uu ~~~ ~~~~~~~~~~~~~~~~~~~~~~~U~~~~~~ ~1~ 11 r~~Ew7'~4? WATER MAIl1T EASEMENT THIS INDENTURE, made this ,~' "day of January, 2010, between Larry and Gladys Alien (husband and wife), the parties of the Srst part, and hereinafter called the Gtandors, and the City of Merldlaq Ada County, Idaho, the party of the second gent, and hereinafter called the Grantee; 1.'~ M ~I~~~_~ M WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and d~'bed; ami wHI:REAS, the Grantors intend that this easement is to allow a water main connection to the property located at 3570 E. Amity Road, Parcel #6505 OF SW4SW4 SEC 28 3N lE and fimue connections for the use of Grantor's property loud at 4617 S. Maranel, Parcel # Lot 1, Block 1 of the Martinet Subdivision, and no other, and WHEREAS, no fiuther extension of this easement shall be without the express written approval of Grantors; and WHEREAS, the watermain is to be provided forthrough anunderground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequentky cxamect m said pipeline i~ time to time by the Grantee; NOW, TI~REFORE, in consideration of the benefits to be received by the Grantors, and other good and valuableconsideration,theGrantors doherebygive,grantandconveyuntothe Granteetheright-of-way for an easement for the cortsh ucdon, operation, n~ service, repair, replacement of a water main over and across the following described property: (SEE ATTACH®EXEIIBIT A and B) The easement hereby granted is solely forthe purpose ofan and opeaation ofa water line and their allies facilities, together with their rear and neplac~ement at the oomenience of the Grantee, withthe free right ofaccess to such facilities at any and alltimes, andthat e~latxiusearenot being conveyed and that title to the land is not being conveyed herewith. TO HAVE AND TO HOLD, the said easement and ri~rt-of-way utrto the said Grantee, it's sucxessors and assigns forever. • 1T IS EXPRESSLY UNDERSTOOD AND AGREED, by amt between the parties hereto, that after construction, making repairs, performing other ma+urtenence or making subsequent connection to the water lnae, Crrantee shall restore the area of t~ easement and adjacent property to that existent prior to undertaking such oaa>srruction, repairs ami maintenance. However, Grantee shall trot be responsible for repairing, replacing or restoring anything placed within the area descn'b~ in this easenent that was placed there in violation of this easement. Water Main Easemem • THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with-the Grantee that should arrypart of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, suchright-of-way and easementherebygranted -which limos within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further ef~'eci and shall be completely relinquished. TME GRANTORS do heresy covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they havea good and lawful right to amvey said easement, and that they wilt warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the fast pact have hereunto subscribed their signatures the day and year first herein above written. • GRANTORS: Larry All~n .~: Gladys Allen STATE OF 1DAH0 ) ss County of Ada ) On this ,1~f'`l day of January, 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Larry and Gladys Allen. known or identified to me to be the persons}whose names are subscribed to the within and foregoing instnunent, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist • above Wtr_ittgn. ..~ Y ~~SEAL) .. ,.. _ ~ . '~~f~%..1~.' . `'l?•, i1` •e•~y,~y . y__r- /^ ~~ ,.Lr~-°./ NOTARY PUBLIC F R IDAHQ Residing at > - c-- rd ~ fw Commission Expires:L - - 7-~ / 2..-~ Water Main Easement • • • GRANTEE: CITY OF MERIDIAN ~`` ~ ~ v~ \~ `` ~~ Y ~~ ~_ ~ ' ~~ R ~~~ 9o r ,s~ ~'' ~~';,,, Attest by Jay L. Holman, City Clerk Tammy de Mayor Approved By City Council On: STATE OF IDAHO, County of Ada . ss. On this ~`~'' day of .. d~.n Gtrt~ . 20 ta, before me, the undersigned, a Notary Public in and for said State, ~sonally appeared TANIlVIY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, vely, of the City of Meridian, Idaho, and who exearted the within instrumetrt, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) .. , a e ~~~ •~. ~ . ; NO Y PUB F AHO Residing at: Y Ong , tdatio Commission Expires: e~ - o y- z e t a water Main Easemem • Pt U, P~ COMMENCING at a 5/8-inch iron pin marking the southwest corner of said SW 1I4 of the SW1/4, said point referenced in C.P.&I'. lnstrumcnt No. iG63000966, on file in the Office of the Recorder, Ada County; thence along the south boundary of said SWI/4 of the SW1/4. A) 5.89°17'05"6., 888.11 feet; thence leaving said south boundary, 1) N.00°32' 14"E., 25.00 feet to a point on the south boundary of said [,ot 1, said point being the POINT OF BEGINNING; thcncc, 2) N.00°32' 1 ~"t;., X195.74 feet, thcncc. 3) S.$9°06'31 "F',., 31.40 Feet to a point on the cast boundary of said l,ot l; thence along said east boundary. 4) 5.00°32' 14"W., 20.00 feet; thence leaving said cast boundary, 5) N.89°06'31"W., 11.00 feet; thence parallel with the east boundary ofsaid i.ot 1, 6) 5.00°32' 14"W., 475.68 feet to a point on the south boundary of said Lot 1; thcncc alont; said south boundary, , 7) N.89°17'OS"W., 20.00 feet to the POINT OF BF.CINNING. CON7~AINING 10,134 syuarc feet, more or less. SU1iJ}C'1' 7'U a Private Road Casement as shown on the plat ihcreof of Martinel Subdivision on file in plat book 6G, page 67G4 and to all other Easements, Rights, Rights-of--way and all other Encumbrances of record or implied. L:1 Project Fifes1008051 ~Surveyll,egalDescriptions~ 10' 1Vater Estnt. Lot I Marlinel Subd.doc This easement is situated on Lot I of Block I of Martincl Subdivision on file in book 6G, page G7G4 in the Office of the Recorder, Ada County, Idaho and is more particularly described as follows: • SECTION 28, T.3N., R.1 E., B.1K. ~ti LEGEND -°---'--~ pCH{BIT LONE - - - - SECTION LINE .~ - .~ -- EXISTING EASEDAENT -------- 9OUNDARY LINE r ~ ~ --- --- ~~ uNE NoT r0 SCALE . -~ r '' ~ ~~ FOUND 5/8" IRON ROD 1 ® CALCULATED POINT, -K- NOT SET , ' ~ bGER1lNBl S!lBDIYISiON i ~ ~ BQO~' 68. PAGE 676 ! f ~ 4 ~ --- ~ -- ~ ` ' ¢ ~ ------ -------°------ -------------- N.T.$. ~--j: II . ~ ~ ~ 6e _ I ~.t ~ ' .. ~ c- ~ a-- 1 1 1 1 I ~ 1 ~ ~ 1~ ~~ i ~ I ~~ , o~ j 1 F 1 1 ! ' ~~~~~ ~ Ca +` r- ~ ' W ~, I; ' I 1 ~ ~ 1 o~' o ~ `'~ (n ~ (/~ vO ~ c' ~ ~ C I ~ a ~ C S~ *5 ' ~ h~ y ~ryy g 7 1 ' ~ 1 ~ u.rc r ~ ~ i ~ ~ ; I Ifar 4 Lca~tb Dl.aslMa. ~, , ~ ! 1 i U 25.00 M00'72'k4E I ~ ! ! I ~ 31.00 S'a8'66'Jt"E I ! I 1 1 i L3 70.06 900'37'f4'M ~ I ' 1 { 1 ti t 1.00 W8q'66.3, ~Y1 1 ~ + iv H ~ ~ i L9 76.00 }rotr17'osw I ~ ' ~ ~ ~ / ~ 1 t . I MW I i : r=} 'r .~t 1 1 71 r h w i 1 ~ i I I POINT OF ~ ~ I BEGINNING ~ 1 .i 1 i ~ I 4 ~_ 1 ~' - _- _.... I 28 ~~~ sae., r ~ I ~ _ a _ T' u3o.zr EAST AMITX ROAD AOI NT Qk` COMMENCEMENT ~O~~~N°• DIAMOND VIES ASSISTED LIVING ,~, 20 ~00T WIDE WATER EASEMENT ~~~ C ..~....~...~. ~Ir 7} 1} ~191Y iM...H4.r~<tlM InFN~.E w.. °F , EXHIBIT B os~ 5T£V~ .°iDt~CK{ MERWUN IpgHp FR17Z 9ROWNEki • • January 26, 2010 ITEM NO. 6/~1~ REQUEST Mayor's Youth Advisory Council Update MERIDIAN CITY COUNCIL MEETING APPLICANT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS • • MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Resolution No. - Idaho for F-35 Missions January 26, 2010 ITEM NO. 6B1 ~ :Urging the Air Force to Select 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 PUBLIC WORKS: 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. CITY OF MERIDIAN RESOLUTION NO. ~ '~ ~~, BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, TO THE SECRETARY OF THE AIR FORCE, AND TO THE CONGRESSIONAL DELEGATION RESPRESENTING THE STATE OF IDAHO IN CONGRESS OF THE UNITED STATES. WHEREAS, the U.S. Air Force has had a presence in Idaho for more than 56 years, with numerous facilities, including Mountain Home Air Force Base and Boise's Gowen Field; and WHEREAS, the Secretary of the Air Force approved Joint Strike Fighter basing criteria for both training and for operational bases for the new F-35 mission; and WHEREAS, Mountain Home Air Force Base was selected as a finalist as an operational base and Boise's Gowen Field was selected as a finalist as a training base; and WHEREAS, Southern Idaho's climate is well-suited to these missions, with more than 321 flyable days per year, a key selection criteria; and WHEREAS, Idaho's facilities provide ample and unhindered training airspace close to installations, which enables more training time and less fuel consumed; and WHEREAS, Idaho's facilities are unencumbered by the encroachment of civilian land use, which lowers the environmental impact on surrounding communities; and WHEREAS, Idaho's facilities have the capacity to support at least three squadrons each, including runway space, ramp space, personnel housing, and maintenance and hangar bays necessary to accommodate these new missions; and WHEREAS, Meridian is a patriotic community and supports members of our community in the military and would welcome the new F-35 mission. NOW THEREFORE, BE IT RESOLVED by the Mayor and the City Council of the City of Meridian, Idaho, that we urge the U.S. Air Force to select Idaho for its F-35 missions. ADOPTED by the City Council of the City of Meridian, Idaho, this ~(o day of January, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this _~ o~day of January, 2010. APPROVED: ,.~`~~ ®F SEA/®'''~. . ,~~1 .~ `~ ~j GpRP~A TF ~O,x' Ta a Weerd • ATTEST: = \~' o By: - SEAL Jayce .Holman, City Clerk ~~ ~o~ ~' '~ O RESOLUTION URGING IDAHO BE SELECTEPS~,F~(~ ~ OR~~`~5' MISSIONS PAGE 1 OF 1 MERIDIAN CITY COUNCIL MEETING January 26, 2010 APPLICANT ITEM NO. 6C1 REQUEST Parks Department - Kleiner Park Maintenance AGENCY ~ COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: • CITY PUBLIC WORKS: CITY PARKS DEPT: See Attac 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. • Klelner Park Maintenance Maintenance Labor Analysts JanFeb Mar AprMay .kua°'90C Aug Sep OU Nov Oec Turf Mow .Hours 0 0 18 54 77 n 77 77 77 54 0 0 Edge Hours 0 0 8 16 24 24 24 24 24 8 0 0 Trim Hours 0 0 12 24 48 48 48 48 24 12 0 0 Ferflllzer/ Broadleaf Control Hours 0 0 0 0 32 0 32 0 18 0 0 0 Bkrvv/Sweep Hours 0 0 16 24 34 34 34 34 34 34 34 16 PIeM/Over seed/ Aeratel Slice HOUls 0 0 0 24 0 0 0 0 0 24 0 0 Forestry ~~ - Pnare Hours BO 80 80 4 4 4 4 4 4 4 0 U MWch Hours 0 60 0 0 0 0 0 0 0 0 0 0 Spray Hours 0 0 0 0 0 0 0 0 0 0 0 0 FerBltzerl Deep Root Feeding Hours 0 80 80 0 0 0 0 0 0 0 0 0 PIeM Hours 0 0 35 35 0 0 0 0 0 35 35 0 Arboretum Hours 0 12 18 24 24 24 24 24 18 12 8 0 Labydmh .... Haura 4 4 4 4 4 4 4 4 4 4 4 4 .._ danftorial Restraom Clean Hours 75 75 75 75 150 150 150 150 150 150 75 75 LICerR~ceptacles Hours 24 24 24 120 120 120 120 120 120120 24 24 Trash Pickup Hours 24 24 24 120 120 120 120 120 120 120 24 24 Shelter Prep Hours 0 0 0 80 124 181 181 181 124 40 0 0 Band Shell Prep HOUrs 8 8 8 B 8 8 B 8 8 8 8 8 Roadway Cleanup Hours 8 8 6 B 8 B B B B B 8 8 Grarfl9 R!+movai Hours 4 4 4 4 4 4 4 4 4 4 4 4 Site Amcnitios - Benches Hours 1 1 1 1 1 1 1 1 1 1 1 1 Fourdalrs Hours 1 1 1 1 1 1 1 1 1 1 1 1 Bike Racks Hours 1 1 1 1 1 1 1 1 1 1 1 1 PICNc Tablas Hours 1 1 1 1 1 1 1 1 1 1 1 1 HortlGuhure Annual Flowers 75 flats Hours 0 0 0 0 48 8 8 8 B 48 0 0 Shrub Pnming HOWB 0 0 0 0 0 40 0 20 0 20 0 0 Shrub PlerNng Hours 0 0 8 8 8 8 8 8 8 B 0 0 Fart Hours 0 0 0 8 0 0 0 B 0 0 0 0 Spray/Pre-Emergerrt Hours 0 0 8 4 4 4 4 4 0 0 0 0 MWch/ Hand Weeding Hours 0 24 1 1 1 1 1 1 1 1 0 0 Aquaflc Mmtagem~rt Hours 0 0 0 0 0 0 16 16 0 0 0 0 Cus4amer Svs Spl~hPadAttendants Hours 606 606 606 Adman R~ervetions Hours 0 0 0 4 8 8 8 8 8 4 0 0 CommunllyGerden Hours 0 0 0 20 0 0 0 0 0 20 0 0 Spedal Events Hours 0 0 0 0 80 80 80 80 80 80 0 0 Srrow & Ice Removal Hoare 80 60 0 0 0 0 0 0 0 0 0 BO CommunltyEd Hours 0 0 16 18 16 18 18 18 16 18 0 0 Christmas DAcor Hours 48 0 0 0 0 0 0 0 0 0 48 0 Infrostructura Pletgrourrd IrtspecV Repatr Hours 6 8 12 12 12 12 12 12 12 12 8 6 Splash Pad Maintenance/ Repair Hours 0 0 0 0 32 65 65 65 32 0 0 0 Resimom Meintanattce Hours 8 8 8 8 8 8 8 8 8 8 B 24 ShelterMalmmtartce Hours 4 4 4 4 4 4 4 4 4 4 4 4 Serrd Volleyball Maintenance Hours 0 0 8 8 8 8 B 8 8 8 0 0 Bocce Bell Melntenarrca Hours 0 0 1 1 1 1 1 1 1 1 1 1 B-BaIlCourtMeltdenance Hours 2 2 2 2 2 2 2 2 2 2 2 2 Sign & Pet Staflon Maintenance HOUrs' 4 4 4 4 4 4 4 4 4 4 4 4 SetaahyCameraMaintenance. Hours 1 1 1 1 1 1 1 1 1 1 1 1 Linhtinq Corrtrols 8 Meintenaace Hours 2 2 2 2 2 2 T 2 2 2 2 2 Opentiwts . . .. EgwpmerdMelntenenca Hours 40 40 40 40 40 40 40 40 40 40 40 40 Svpervlsion/Admin Hix[rs'. 18 18 16 18 16 16 16 16 16 16 16 16 Irrigation Sprbrg Startup Hours 40 Clean endAdJust Hours 8 8 8 8 8 8 8 8 8 Repair Mours 8 8 8 8 8 B B 8 8 Program-Medcom Hours 8 8 B 8 8 8 8 B 8 Winterization Hours 24 Rrmp MatMenance Hours 2 2 2 2 2 2 2 2 B Totol Yearly Labor 442 570 '6i3 8i3 1106 1770 1778 1774 1014'062. 416 347 11608.Burden Summary Groundakeepar1 Hours 174 174 174 174 174 174 174 174 174 174 174 174 2088'.512.5/ $26,246.16 Groundskeeper 3 Hours 174 174 174 174 174 174 174 174 174 174 174 174 2088', $16.40 $38,41920 Splash Pad Attendam Hours 606 606 606 '. 1818 59.00 $16,36200 AmanWatadLaborDafldt/Srapius Hours 94 222 265 465 758 818 824 820 686 614 68 -1 ', 5611' Seasonal Labor Budget ,Hours 485 771 771 771 771 771 771 500 5611.510.39 $58,29829 • MERIDIAN CITY COUNCIL MEETING January 26, 2010 [7 • APPLICANT ITEM NO. 6D1 REQUEST Legal Department -Agreements for Hookup of City Water and Sewer Services Outside City Limits: 4270 Overland Road 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 PUBLIC WORKS: 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 EXTENSION OF DOMESTIC WATER AND SEWER SERVICE ~ _ ~, OUTSIDE MERIDIAN CITY LIlVIITS: 4270 EAST OVERLAND ROAD ~ •• • a ~ ~r ~ ~e This AGREEMENT FOR EXTENSION OF DO~~.STIC WATER AND SEWER SERVICE ~ p OUTSIDE MERIDIAN CITY LIlYIITS is made this ui day of January, 2010, by and between the ~' City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is ~ _~ ~ ' " City', and Richard D. and Kimberly Boyack, 33 East Broadway Avenue, Meridian, Idaho (hereinafter ~ whose address is 4270 E. Overland Road (hereinafter "Boyacks'~ (collectively, "Parties'. ~ -' a ~~ d WHEREAS, Boyacks are the sole owners, in law and equity, of parcel number 87555000015, o located at 4270 East Overland Road, Ada County, Idaho, as described in Exhibit A hereto (hereinafter ~ ~ o 0 "Subject Property"), which real property is located outside of Meridian City limits; WHEREAS, the City is authorized by Idaho Code section 50-323 to, inter alia, develop, operate, o -~ °i 3 ~ ~ ~,~ and maintain a domestic water supply, and to protect the same from contamination, and the City does 8.;, ~ ° t exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4, Meridian ~ m o ~ City Code; WHEREAS, in the summer of 2007, the Ada County Highway District widened Overland Road, and as a result, the septic system at Subject Property was removed, requiring the Boyacks to hookup their residence at the Subject Property to the City sewer system, at which time the City likewise required water hookup, for metering and billing purposes; WHEREAS, at that time the Parties entered into an "Agreement for Hookup to the City of Meridian's Sewer/Water System Outside the City Limits," which Agreement was duly executed on August 10, 2007 (hereinafter "August 10, 2007 Agreement," attached hereto as Exhibit B exclusively for reference and not for the purpose of incorporating such terms herein), and recorded against the subject property at 4270 E. Overland Road; WHEREAS, because of the Boyacks' location at the farthest eastern end of the City's water system on Overland Road, and resultant low water flow at such location, in the Boyacks' opinion, the domestic water supplied to the Boyacks' property by the City's water system under the August 10, 2007 Agreement was less desirable than that previously delivered by the private well, and the Boyacks disconnected the City water line serving their properly and reconnected their private water well; WHEREAS, because the City bills for both sewer and water usage using a formula based on metered water usage, the disconnection of the City's water line and meter left the City without a mechanism to calculate the Boyacks' sewer usage, and also created a potentially unsafe cross-connection between an unmonitored water source and the public water system until it was locked off by the Public Works Department; WHEREAS, the Public Works Department finds that in order to deliver water from the City's water supply comparable to water from the private water well, the City would need to flush the water line serving the Boyacks' property on a regular basis, a potentially time-consuming, water intensive, and expensive endeavor; WHEREAS, duly authorized representatives of City and the Boyacks met personally on AGREEMENT Wl7 H BOYACKS FOR E7CTENSTOIV OF DOMESTIC WATER AND SEWER SERVICE OUrsIDE MERIDIAN CrfY LII~IlTS PAGE 1 OF 7 • November 2, 2009 to discuss these issues and did come to a mutually beneficial agreement for the City's future delivery of water and sewer services and the Boyacks' future usage thereof; and WHEREAS, the Parties intend that this Agreement, upon its execution and recording, shall supersede the August 10, 2007 Agreement; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: I. DEFINITIONS. For purposes of this Agreement, the following words, terms, and phrases shall be defined and interpreted as provided herein, unless the clear context of the presentation of same requires otherwise: A. "Agreement" shall mean the instant Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits. B. "August 10, 2007 Agreement" shall mean the Agreement for Hookup to the City of Meridian's Sewer/Water System Outside the City Limits, duly executed by the Parties on August 10, 2007; attached hereto as Exhibit B exclusively for reference and not for the purpose of incorporating such • terms herein; and superseded by this Agreement. C. "Boyacks" shall mean Richard D. and Kimberly Boyack, the sale owners in law and equity of Subject Property as of the Effective Date of this Agreement, whose address is 4270 E. Overland Road, County of Ada, State of Idaho. D. "City" shall mean the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, City of Meridian, County of Ada, State of Idaho. E. "Parties" shall mean, collectively, City and Boyacks. F. "Subject Propert}?' shall mean parcel number 87555000015, located at 4270 East Overland Road, Ada County, Idaho which, as of the Effective Date, has not been annexed into the City of Meridian and is therefore outside of Meridian City limits. G. "Triggering Event," as such term is used herein, shall mean any and all of the following events: a. Annexation of the Subject Property into the City of Meridian. b. Sale or lease of the Subject Property or any portion thereof or appurtenance thereupon to any person or entity other than the Boyacks. c. Redevelopment or subdivision of the Subject Property by any person or entity. d. Failure, abandonment, replacement and/or removal of the private water well on Subject Property or any portion of such well or water source, excepting maintenance and repairs of i the private water well. AGREEMENT WTCH BOYACKS FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUFSIDE MERIDIAN CITY LIM1TS PAGE 2 OF 7 • e. Any verifiable, substantial increase in demand upon City sewer services to or upon the Subject Property. II. COMMITMENTS BY CXTY. A. Provision of Services. 1. Sewer Services. At all times relevant hereunder, City shall continue to provide sewer service to the Subject Property, subject to the terms and conditions of this Agreement and any and all applicable laws and City ordinances. 2. Water Services. Upon the occurrence of any Triggering Event, City shall hookup and provide City water service to the Subject Property, and the Boyacks shall disconnect and discontinue use of the private water well on Subject Property for domestic purposes, except that the private water well may be utilized for the limited purpose of domestic irrigation. Until the occurrence of a Triggering Event and/or City water hookup, Boyacks may continue to use their private water well for domestic water purposes without penalty by City, so long as the use of such private water well is undertaken lawfully in all respects. 3. Water Quality. The quality of the water provided by the City shall comply with D.E.Q. standards for safe drinking water. Further, the City will provide service to the Boyacks equal to that provided for other City residents, which service shall include all reasonable attempts to • resolve aesthetic water quality concerns of which the City is notified B. Billing. Unless and until the occurrence of any Triggering Event, City shall bill Boyacks monthly for sewer usage at the base rate of 4,375 gallons per month, which rate is based on known usage by the Boyacks at the Subject Property from approximately August 2007 to approximately November 2008. Upon the occurrence of any Triggering Event and the hookup and provision of City water service to the Subject Property, City shall bill Boyacks, and/or or the successive landowner(s) or successors in interest, monthly for both sewer and water usage according to the metering, accounting, and billing system then in place under Meridian City Code and the policies and practices of the City of Meridian. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Boyacks and upon any and all successors in interest of the Boyacks and/or to the Subject Property, and shall survive, inter alia, the occurrence of any Triggering Event and/or hookup to City services. C. Recordation. City shall record this Agreement at City's cost, and shall submit proof of such recording to Boyacks. III. COMMITMENTS BY BOYACKS. A. Payment for City services. At all times relevant hereunder, Boyacks shall pay City all applicable fees and costs for sewer and/or water services provided, as such are calculated and billed by City as set forth herein and established by law or City ordinance. The exclusive remedy for disputes, • objections, or appeals regazding such fees and charges shall be hearing before the Boazd of Appraisers under the procedure set forth in Meridian City Code. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Boyacks and upon any and AGREEMENT WITH BGYACKS FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE QUTSIDE MERIDIAN CITY LIMITS PAGE 3 OF 7 • all successors in interest of the Boyacks and/or to the Subject Property, and shall survive, inter olio, the occurrence of any Triggering Event and/or hookup to City water services. B. No cross-connection. Boyacks shall abide by and comply with any and all applicable provisions of law, which shall specifically include, but shall not be limited to, compliance with Chapter 3, Title 9, Meridian City Code and/or any and all similar ordinances subsequently adopted, which prohibit the installation and/or maintenance of across-connection to the City's water system. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Boyacks and upon any and all successors in interest of the Boyacks and/or to the Subject Property, and shall survive, inter olio, the occurrence of any Triggering Event and/or hookup to City services. C. Effect of Triggering Event. Until the occurrence of any Triggering Event, Boyacks may continue to maintain and use the existing private water well at the Subject Property without penalty therefor, so long as alI such maintenance and use is undertaken in full compliance with all applicable laws. Upon the occurrence of any Triggering Event, Boyacks or their successors} in interest shall connect to the City sewer and/or water systems any and all occupiable buildings then located upon the Subject Property, including, but not limited to, Boyacks' current residence, whether such buildings aze residential, commercial, or any other classification, and City shall provide sewer and/or water services to such buildings. Boyacks or their successor(s) in interest shall be responsible for any and all costs of connecting sewer and/or water service and/or use, and shall pay to City, upon • City's written demand, the fee for reactivating or reinstalling the water meter. As assessment fees were paid in 2407, no further assessment fees shall be due upon connection following a Triggering Event. Inspection costs shall be borne by City. Upon connection and provision of City sewer and water service to the Subject Property, City shall bill Boyacks and/or their successor(s) in interest for bath sewer and water usage according to the metering, accounting, and billing systems and practices then in place under Meridian City Code and/or the policies and practices of the City of Meridian, and Boyacks and(or their successor(s) in interest shall pay all fees and costs due and owing to City. Upon connection and provision of City water service to the Subject Property, Boyacks and/or the successive landowners) shall disconnect and discontinue the use of any and all private water wells and/or other sources other than the City water system, except that such other sources may be utilized exclusively for the limited purpose of domestic irrigation. D. Consent to Annexation. Boyacks specifically agree that, as a specific consideration of City's willingness to enter into this Agreement, Boyacks shall, and hereby do, provide perpetual consent to annexation of the Subject Property into the City of Meridian at such time the Subject Property becomes eligible far same. This provision shall comprise evidence of Boyacks' consent to annexation and shall be binding upon all subsequent purchasers, heirs, or assigns of the Subject Property. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Boyacks and upon any and all successors in interest of the Boyacks and/or to the Subject Property, and shall survive, inter olio, the occurrence of any Triggering Event and/or hookup to City services. )~. GENERAL PROVISIONS. A, Na warranty. City has not examined, makes no findings regarding, and proclaims no warranty AGREEMENT WITH BOYACKS FOR EXTEN$lON OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERID4W GTY LIMITS PAGE 4 OF 7 • regarding the safety or quality of the water available andlor drawn from the private water well on the Subject Property or from any water source other than the City water system. Boyacks specifically acknowledge and agree that use of such private water source presents risks, some of which are unknown, and do accept and assume any and all such risks. Boyacks release and forever discharge and hold harmless the City, its agents and employees from all real or possible claims for damages ar other harm to person or property resulting from their use of water from any source other than the City water system, sa Iong as such damages aze not attributable to the tortious conduct of City's agents or employees, regardless of the manner by which such claim may be brought. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Boyacks and upon any and all successors in interest of the Boyacks and/or to the Subject Property, and shall survive, inter olio, the occurrence of any Triggering Event and/or hookup to City services. B. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. In the event of a default, the non-defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty (30} days following delivery of such notice to cure or correct the default before the non-defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Parties and upon any and all successors in interest thereof, and shall survive, inter alia, the occurrence of any Triggering Event and/or hookup to City services. • C. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or Boyacks, or any respective successor in interest thereof An action at law or in equity, as appropriate, shall lie to secure specific performance of any covenant, agreement, condition, commitment, and/or obligation set forth herein. In addition, remedies available to City shall include, but shall not be limited ta, termination of sewer and/or water service to Boyacks and/or to any sewer or water user located on the Subject Property. D. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: City of Meridian Attn: Public Works Department Director 33 E. Broadway Ave. Meridian, Idaho 83642 Boyacks: Richard D. and Kimberly Boyack 4270 E. Overland Road Meridian, Idaho 83642 Either Party may change its address far the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. E. Time is of the essence. The Parties acknowledge and agree that time is strictly of the essence with AGREEMENT WITH BaYACKS FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE S OF ~ 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 and default hereunder by the Party so failing to perform. F. Binding upon successors. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Subject Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portion thereof, except that any sale or alienation, and including but not limited to any Triggering Event, shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. G. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be exiled herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. H. 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 casts and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alga, any default, termination, or forfeiture of this Agreement and the occurrence of any Triggering Event and/or hookup to City services. I. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Boyacks relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral ar written, express or implied, between City and Boyacks, other than as aze stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. The August 10, 2407 Agreement (attached hereto as Exhibit B exclusively for reference and not for the purpose of incorporating such terms herein) is hereby specifically superseded by this Agreement, and upon execution of this Agreement, shall be considered null and void. J. Non-waiver. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder maybe asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein. enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. K. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and Iocal governments. 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. The City's ordinances appertaining to AGREEMENT WrfH BOYACKS FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE C1 OF 7 the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fuuy herein. L. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. M. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of January, 2010. BOYACKS: Richard D. Boyack ,,,,,,,,,,,,;,;,,,,,,,,,• .1~~1 gP4C +.. ',~~. .• t-, r,, ,.._, - ~:`.~ •9. ~. M1Qq . berly B k STATE OF IDAHO ~ ss: County of ) I HEREBY CERTIFY that on thisday of Zeal O before the undersigned, a Notary Public in the State of Idaho, personally appeared RICHARD D. BOYACK, proven to me to be the person who executed the said instrument, and aclaiowledged to me that he executed the same. IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official^1 Ieal(,~ trh(e dnay a(nd ytea~r,~in, this~ce,,rtifi`c~te fast above written. Notary Public Idaho Residing at 16f1 Idaho My Commission Expires: ~- ' a • ! y STATE OF IDAHO ss: County of ' ) I HEREBY CERTIFY that on thi~ day of ~ a tit v before the undersigned, a Notary Public in the State of Idaho, '"~`` ~~~ ~"~~'"~'•~•~. ~ ~ ~` t % . ' '' personally appeared I{IIVIBERLY BOYACK, pmven to me to be the ~;".. ~ -, , . : ~. ' : person who execatted the mid instrument, and aclmowledged to me that ~ ' ° ~.; °" ~ ° ~".. ; ~'` " _ he exectrted the same. - ~ ~ t ~ . = '~-~ ° e c_ ~-' SIN WITNESS WHEREOF, I have hereunto set my hand and affixed my - ~ ~ ~ ~;:, ^ . .. ~ seal, the day and year in this certificate first above written. :bfficial ~ , ~,,,~ ~; . ~ D ~ '`~-' ~'"~. ~ " t 4 ~~ ~" ~ ~r -;' ~ ~.• Notary Idaho ,' ~~! - (~~ ~ ~: ~`,' r . Residmg at ~ Idaho ,; , ,, - '~T: ~.,.~.;..,... My Commission Expires: - ~ 1 CITY OF MERIDIAN: ```\````~~~~,~ ~ ~ ~ ~ ~ ~ ~,,,,,~ '','/ ~, ~~. 0~•~% BY: ~ ~ ~~ Tammy d rd, Mayor = Jaycee .Holman, City Clerk SEAL 9 ~ AGREEMENT WITH BOYACKS FOR ExTEN3ION C~9 GCG ~A~ ,~ ~~ `~~ AND SEWER SERVICE OtrrsIDE MERIDIAN CITY L1~'I~.'OU~Y ~V~`~~~~ \` PAGE 7 OF 7 ~~~~'fl~r~~~ nm-c~~~~~`` E~iBiT A DESCRIPTION OP SUBJECT PROPERTY :J Page 1 of 1 • • Parcel no. 87555000015 - 4270 E. Overland Rd. iM i_~..- R7S,WA:L11 _ _ _ ~ II{, 7Ai~, i{ ~az~oiSh F;~ +s+~+~a~,t tt 1116 '!MJ~ l: Rl,S~6..iGiS4 ~ fl~ -'T.4TC ^T~.. n %r` y ~~` i - ~,4 v l` f r 4240 ~ ~ , ~` ~ ~.+q [ , ~'.~~' arssscooozz a i+~, ~ ~:. ~ ~x { e i 875 .OOP'A1 - ~j' ~' ~/ ~+s _ 3 h r ~ ~ ~, H^SR4-.:F 55 F MM i ~ l ~~k~_ ~ ~ S t btalu I ~ ~ THIS MAP NOT INTENDED FOR NAVIQATIONAL USE http:l/d6.192.184.147/imf/imfPrintMap;jsp?title=Parcel no. 87555000015 - 4270 E. Overl... 1/22/2010 Ada County Assessor Property Details for Parcel 87555000015 and Year 2009 Back to Parcel Search Barcel: R755S000015 Yoar: 2009 Zone Code: R1 Total Aox®e: 1.818 Tax Code Area: 241 Prop®rty Dasaription: PAR #0015 LOT Ol BLK O1 EXC R/W ROLLING HILL SU8 ~oalo-s ! - `,~,, ~ ~ 3 v . 11} -_ 1.. ... i. ~ ~- r r fir' '1: ~ ~~ _ ~~~ - `~~, ~ ,~ ~ ,~ , } . #„ ~': ~ ~ . _ ,-~' ~'" ~ .~'' ` ~: `_ Address: 4270 E OVERLAND RD MERIDIAN , ID 83642 8ubdiviaion: ROLLING RILL SUB Land Group Type: SUB Township/Range/Section: 3N1E16 . Valuatio» Details .____. _. . __. _ _ ~ Role SCC Acreage` Assessed € Valuation ~~ ~®af value Method i 1............---.._..._ _........---.._....._._.._.......w.,..._.._._........___......_._...._. ._...._.._........... _...,.__.~.._....___..t..~._...__.__._._(._.__...._._....._. ~Pximaxy ~ 150 RES SUB LOT~~, .Y ......._....^ ~.. .JI 1~818~ ~ $110, 600. ,_.._.~MARKET ..._._..,,,Jy 241~~~~~ Primary ..i 370....RE3 IMPROVEMENT.. .... .................... f 0.0 _.~... .. $80.200.. _._...._~ COST__.____...._... J 291V ...............i Valuation History Y®ar Value 2ao9 819o,eoo 2008 8233,900 2007 8233,500 2006 $209,800 Tax Districts ~ Tax Levy Description District ^^T.~ ~_ L_.._. Phone ~1 ~ 0.002634391 jADA CODNTY 1208-287-7000 ~2 ~ 0.000191059 ~ PEST EXTERMINATION 208-57?-4646 ~ 0.0001273 ~3 ~ EMERGENCY MEDICAL .~ 208-287-2950 rr 4 t6......_.._...___..3 0.,_.001023202 µ _ ~ ADA CODNTY RIGHWAY DIST ~ ~ ~ 208-387-6120 , ~8 ^_ W- 0.003514296 ^J SCHOOL DISTRICT NO. 2 _ ~ ~ ~ _ 208-855-4500 ~ v M - 12 €0.000562081 ~ S MERIDIAN LIBRARY ~ 208-888-4951 4 i J ................_.._... __..____......._.__.~ X29 0.000038516 _.._ ...__.._.._..........,.__.___.._...~~.._____ 'MERIDIAN CEMETERY _.~.r., _,.~___.._. !208-888-5133 ! X30 0.002399998 J_ ____. ____~ MERIDIAN FIRE ._.~~ w._____.__._..._..._..__.__.._.._ 208-888-1239 ! ___._._J__.._.~~_.~a !93 0.000029491 t...~..... _..._~_--- _------..__....__ MOSQUITO ABATEMENT ._._w~ __...._._._.~...._ ,......_..._,.~._._...__ ---....~ . 208-577-9646 ~ ._....._._..~....__~~._.~1 (96 '0.000083336 WESTERN ADA RECREATION 208-88T-1730 s100 '0.000133257 COLLEGE OF WESTERN IDAHO 208-552-2113 • Total Levy: 0.010686873999999999 and Fees Certifioationa Taxes , , Tax Data ~ Year Total Taxes ~ Taxes Paid Taxes Due ( Delingcent ,,,~„„eAt as oft --_. _.~.._.__..`_~ ~~____._._...Y..j..~~ - Page 1 of 2 http://www.adacountyassessor.org/propsys/PrintParcel.do?yearParce1=200987555000015 1/22/2010 Ada County Assessor • E2009 . .. E S1, OI9~50-~~ .__~ $509.75 -__.._ ,~~ $509.75 _.~E No __- ~~.~ 01/21/2010 _._E X2008 A........_...._.. $1, 309.74 ._.E.__._._~..__......- J $1, 309.,74.,,..,. .__.-V- .-! $0 Y00,^~_~ _ ,,,, No E ....._..._.__~.... ~ Ol/21/2030,~! ~.__._ _ 2007 .. ..E $1, 373..5.8 . - --__-~ $1.373.58........ .--- _.E $0.00 l ~ N_.._} NO _..._ _.___.. ! 01/21/2010 t ~.. }2006 t....._._...... ~$i,391 22 _.~...__.....__._'.........__._. $1 .__._...~._.__! 391.22..__._ _....-...._. { 50.00 ._~..._ I -..._.._.._.J NO ._._._. .~.._._E 01/21/2010... Chazacteriatias Land Residential • Page 2 of 2 http:!/www.adacountyassessor.org/propsys/PrintPazcel.do?yearPazce1=2009R75 55000015 1 /22!2410 • ExxisiT B "AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS" AUGUST 10, 2Q07 :7 • ADA COUNTY fIECDRDER d. DAVID HAVARRO AMOUNT .00 t 801SE IDAHO 08131!07 11:08 AM i EE RECORDED~nREQUE8TI0F ~I I~~~'~~`'~'~I~I~~'~~I~~~~II~ (~'~~ Matidlan City 107123291 AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LINllTS : 4270 E Overland Rd THIS AGREEMENT is made and entered into this ~~ day of 2QQ~ , by and between CITY OF MERLDIAN, a Municipal corporation of the Sta of Idaho, hereinafter referred to as "CITY", and Richard D Boyack , as hereinafter defined and hereinafter referred to as "SEWER/WATER USER". 1. RECITALS: 1.1 WHEREAS, "Sewer/Water User" is the sole owner, in lawand/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 §50-323, 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 SewerlWater system codified in Meridian City Cade § 9-4-26 and 9-i-16; and 1.5 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 User" 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 "Sewer/Water User" provide perpetual consent to annexation of the "Real Property" into the "City". • AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITYLIMITS - i _~/ Page_~~ 2. DEFINITIONS: For all purposes of this agreement the following wards, 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: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Water User": means and shall refer to and/or the person who is the owner of the real property. 2.3 "Real Property": means and shall refer to certain parcel(s) of real 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 § 9-4-26 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 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. 2.6 "Sewer/Water System": means and shall refer to the City's SewerlWater system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parses 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/WATER HOOKUP SERVICE: The "City" agrees to authorize a connection to the "Sewer/Water System" to service the "Real Property" subject to the terms and conditions of this Agreement. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWERJWATER SYSTEM OUTSIDE THE CITY LIMITS I?8g~~ • 5. CONDITIONS AND REQUIREMENTS OF SEWER/WATER USER FOR THE HOOKUP OF THE SEWERtWATER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water User". 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the Sewer/Water service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "Policy/Regulations" islare amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: At such time as the real property 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 • annexation in accordance with I.C. § 50-222 or any amendments or recodification of said statute. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer/Water User" cost, and submit proof of such recording to "Sewer/Water User". l0. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. REMEDIES: • 1 1.1 This Agreement shall be enforceable in any court of competent jurisdiction AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEVYER/WATER SYSTEM OUTSIDE THE CITY LIMITS ~~3 by either "City" or "Sewer/Water User", 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. In addition, remedies available to the City include but are not limited to, termination of Sewer/Water service to all users located on the real properly covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaulting arty shall then have thirty (30) days after delivery of notice of default to correct the same before the non-defaulting party may seek any remedy provided for herein. 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer/Water User" or "City" is delayed for causes which 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. • 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 Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: clo Public Works Director City of Meridian 664 E. Watertower, Suite #200 Meridian, Idaho 83642 PROPERTY OWNER: * Richard D Boyack * 4274 E Overland Rd `~ Meridian ID 83642 with copy ta: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements ofthis section. • AGREEMENT FOR HOOICUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 4 Pacrc~ of L 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 deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. TIIVIE 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 This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and persona[ representatives, including "City's" corporate authorities and their successors in office. 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 succe~or 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 be excised therefrom 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 unden3tar-ding, either oral or 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 in interest or their assigns, and pursuant, with respect to "City", a duly adapted resolution of "City". U AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITYLIMITS - 5 ~~ :~ 18. TERNIINATION: 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: Agreement. This Agreement shall be effective at such time as both parties have executed this ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinalmve provided. Property Owner ~:~ - Name: Richazd D B ack CITY OF MERIDIAN ATTEST: e% WILLIAM G. BERG, JR., APPROVED BY COUNCIL ON : By: , ~~ ~„ ,, ti ~ - ~ ~ , ~ I~,YOR ~T; v~~ ~ ~,, Jf r~ ~~]O S~- W 7 ~~ i~-~ AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS WEERD Paste~nf Wes;, STATE OF IDAHO, ) ss. County of Ada) On this ~_ day of ~ in the year 2Q~, before me, the undersigned, a Notary Public, personally app ed, Richard D Boyack ,known ar identified to me to be the property owner, who executed the instnunent. seal, the day (SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official ate first above written. . f • . ~ ~ . s `. ~.' • •. ~ .• STATE OF IDAI~b'~ ~~'~~••• ss. County of Ada ) ~._-~ Notary Public fo Idaho Residing • ' `. My Commission Expires: - .~ On this ~~day of __ _~,~~.~ Sri , in the year 20 (:' ~ before me, the undersigned, a Notary Public, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., 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. (SEAL) ,~'~~~ ~'~r,.: r 1? cL~ ,n~- ~Zi `~~~ g~'~°' "`~'~ ; Notary Public for Idaho t Residing at: ~ 1~ ~IZ~~ :'c~ • t My Commission Expires: /D ~ ~ S- l~ ., ~ • •~~Or .r AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITYLIMITS - ~ PgB~.A~ Page 1 of 1 0 R755500~OI5 - 4270 E OVERLAND • ., .,,,, f ~,~. ~` t~",j4{*I'3 yea ~~ r ,. ~ ~- FF99j' " < ' ~ ~`F~7' Y~ x ~~ r _. +~ , , ~( 4 0 c r ..~ f ~ti ,: yo-. '., -.•r+F ~} j .. r~r~=~.. '~' l ~-fig ` j ,. ~,. ~. THIS MAP NOT INTENDED FOR NAVIGATIONAL USE PaS~9~. http://208.1$6.142.152/imf/im~rintMap jsp?title=8755500001 S%20-%204270%20E%20... 8/10/2007 MERIDIAN CITY COUNCIL MEETING January 26, 2010 APPLICANT ITEM NO. 6DZ REQUEST Legal Department -Agreements for Hookup of City Water and Sewer Services Outside City Limits • AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY PUBLIC WORKS: 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 Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. _~ Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba January 26, 2009 TO: Mayor De Weerd City Council Members FROM: Emily Kane Deputy City Attorney RE: Water and Sewer Hookup Agreements with Property Owners outside City Limits Due in large part to the issues brought to light by the process of renegotiating the Boyack Agreement, Public Works and Legal have identified areas in the hookup agreements and in City Code where we can make improvements that will better serve our customers, our ratepayers, and our resources. The circumstances surrounding the Boyacks' situation were unique in some ways, but in many ways, the • situation was typical of many out-of--City hookups: in the course of a roadway improvement project, the property owners' septic system was rendered inoperable, and as a result they had to hook up to City sewer. Because they had to hook up to City sewer, they had to hook up to City water as well, both for metering and billing purposes and because Public Works policy, as well as City Code, requires both services to be hooked up when one or the other is hooked up (so long as both are available). Many of the problems with the Boyack property can be traced back to communication gaps between ACHD and the property owner, between ACRD and the City, and between the City and the property owner. As a result of discussions with the Boyacks, City staff has located these potential communication gaps and come up with proposed solutions to close them. 1. Concern: The need for and mechanics of out-of--City hookups to City services that are necessitated by roadway improvements have historically been discussed primarily between the property owner and ACHD staff in the process of right-of--way negotiations. The City prepared written materials for ACHD to provide to the property owners, but otherwise the City is not a major part of this discussion until it is time to execute the hookup agreement with the property owner. SOLUTION: City staff will work with ACHD staff to give the City a more prominent role at the right- of-way negotiation stage. This will provide the property owner with accurate and detailed information regarding applicable Public Works and utility billing policies, hookup costs and fees that could be included in right-of-way negotiations, and other commonly asked (or unasked) • questions, e.g. consent to and requirements for annexation, post-hookup use of private water wells, etc. Kyle Radek has prepared an updated brochure for ACHD to provide to property owners that states clearly that it is the property owner's obligation to initiate a hookup agreement with the City, enumerates the fees and costs of hookup so the property owner can negotiate these costs with ACRD, and provides contact information so the property owner can get more information about the benefits and obligations that come with City services. 4 2. Concern: Boilerplate hookup agreements relied heavily on references to City Code provisions. If these provisions were changed or renumbered, the agreement language could be outdated and subject to attack for vagueness. It is best to enumerate the expectations and obligations of the parties as to hookup of both services, payment of bills, abandonment of private water or sewer systems, avoidance ofcross-connections, etc., in clear and plain language on the face of the contract. 3. Concern: Converse problem -boilerplate hookup agreements referred to specific annexation consent language or citation rather than to generic current consent-to-annexation law. If the state code provision regarding annexation changes, the agreement language could be outdated and fail to give effective consent to annexation. 4. Concern: Boilerplate hookup agreements required the property owners to apply for annexation immediately when they became eligible. Tracking and enforcing this provision is possible but not practical, particularly when the applicant is unwilling to be annexed, and conversely, when the City is unwilling to annex. It is better to ensure that the agreement secures effective consent to be annexed, so the City can do so when appropriate. SOLUTION: Emily Kane is working with Kyle Radek and Brent Blake to revise the boilerplate hookup agreement to rectify these concerns. A "generic" agreement will be available as a starting point, and Public Works and Legal staff will work proactively with the property owner to negotiate • an agreement that addresses any specific rights or responsibilities of the parties. 5. Concern: City Code section 9-1-16 (Connection to City Water System Outside City Limits) needs to be updated to reflect current Public Works policies and practices. 6. Concern: There is not a clearly equivalent City Code section for connection to City sewer system outside City limits. Section 9-4-25 (Sewer Connection Requirements; Fees and Charges) applies but the inconsistency can present confusion for both staff and out-of--City users. SOLUTION: Emily Kane is working with Public Works staff to prepare updated City Code provisions that clearly address out-of--City service users; enumerate uniformly mandatory components of the hookup process and each parties' rights and obligations; and clarify requirement that property owner hook up to both water and sewer if/when both are available. Emily will also analyze the civil and criminal enforcement mechanisms available to the City under the provisions prohibiting cross-connection and update these provisions as needed. QUESTION FOR CITY COUNCIL: Currently, provisions related to connections outside City limits are scatted throughout chapters 1 and 4. Legal recommends putting the applicable provisions in one place to make them easy to find, enforce, and reference. Please provide feedback regarding creation of a new Chapter in Title 9 that would enumerate the parties' obligations with regard to out-of--City hookups while also emphasizing that the other provisions of 1 and 4 apply as well. ~ ' t T ~ y x ~} ' 3 0 ~` ~ r~l '~'r ~~ .~ ~ ^ ,~., 4~~ ~., , R ~ ~~ ~ ".e, ~ ~Y • a .. ~~ ., ~ ti 3 ~ 4~ ~= ~. ~ i ' -' ~ ' k 1 , ~ r i " , _ 'S ~ ~ y ~~ Y ~ r + $~ ~ ~r ~t ~ ~~~• ~ : ii ~ ,mow ~ _ i~Y _ r ~~ r '~ ~ ~ b 15p ~` ~ ?', ti ~ y 5~d ~~~ ~~ ~ e m " .a r C] ~c z ~~ Y Q 3 M--~ w d o ~ ~ N o In r1 L ~ ~ ~ ~ C T ~ ~ ~ W a ~ ~ ~ 0 O C ~? 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O N ~ ~ .O Y m o~~ o ~ C cOi .> O O C r cp c O-~ ~ s O ~ g o o m U O m ° ~ v cn ~ ~ c > m O ~ n ~ .~ ~ ~ 3 U m ~ ~ U m Q ~ •3 3 +- 3 `° c y ~ UA O 3 a' ~ ~ O ~ O Q) O- ~_ i ~ pD O c a0i 3 ~ ~ O ~ O O CU m +-~ a c L o a~ ~ a E U C U ,r ~ a~oi o N N d U0 (n U L ~ N m ~ i `~ hO v L O O a) U ~ C C ~' ~ O O ~ O N ~ ~ o = o ~ c ~ >. .j O m ~ O m ~ "6 v cn 3 cn ~ ° v 3 y N C ~, t, b-0 cn O ~' cn' L Q c ~ ~ U ~ ~ ~ ~ o U L ti1Q 3 m ~ O ~ ~ ~ C U _O Q= O N jn ~ O O O cn N U ~ ~ ~ O ~ N C " N .-T. N ~ O N ~ 3 c U c a~ o •' N>,3 3EoE ++ .. O N O 'L ~ O ~U~~'~ QO.i C O N L O N O U f0 '~ O- '= O- D > T v ~ 0 3 0~ o~ 3 ~ a ~ a s ~ ~ O O N U O N «~ 2~ Y E Y~ E ~° m L N O U a O Q O m U O m 3 N O a C m N m 3 m > "6 ~ ~ ~ c ~ o O .., ho U ,~ 3 O - .~ 3 c m °~ ~ ~ ~ m o ~ ~ n c ~ m > U ~ -O > N ~ O = 7 N ~ r-+ 7 U ~ ai a~ O vi cn C L U ~33'> C O m ~ O N y N ~ L m °- a~ ~ 3 ~ L O Q ,., O m m -O ~ O Oy ~ ~ N a3o.L vi N O 0 3 N U O U ~_ O Q e: • MERIDIAN CITY COUNCIL MEETING January 26, 2010 APPLICANT ITEM NO. 6E1 REQUEST Public Works -Budget Amendment for Reclaimed Water Booster Station and Reservoir Project for aNot-to-Exceed Amount of $635,050.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY PUBLIC WORKS: See Atli 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~-- Public ~ ~w"• Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, P.E. Mayor Tammy de Weerd Clay Ceantil Mem6e~p Keith Bird Brad Hoaglun Charles Rountree Dw(d Zaremba DATE: January 19, 2010 SUBJECT: BUDGET AMENDMENT FOR THE RECLAIMED WATER BOOSTER STATION AND RESERVOIR PROJECT FOR ANOT-TO-EXCEED AMOUNT OF $1,125,050.00. I. RECOMMENDED ACTION A. Move to: 1. Approve the budget amendment for the Reclaimed Water Booster Station and Reservoir Project in an amount not to exceed $1,125,050.00; and 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background Development of the Heroes Park water reuse facility and the draft Citywide • Permit has laid much of the conceptual groundwork for building a reclaimed water program in the City of Meridian. In conjunction with the Reclaimed Water Master Plan, the Reclaimed Water Booster Station and Reservoir Project will Page 1 of 4 provide a substantial part of the backbone that is necessary to expand the • Reclaimed Water Program in the City of Meridian. B. Proposed Project The purpose of this project is to provide effluent storage at the wastewater treatment plant in support of the Class A Reclaimed Water Program and effluent discharge limit of 7.0 million gallons per day (mgd). Class A Reclaimed Water requires additional disinfection which will be accomplished in the storage tanks, and a booster station is needed to convey the Class A Reclaimed Water into the distribution system. The storage tanks will provide equalization of peak effluent flows at the wastewater treatment plant which will help to comply with the permitted discharge limit of 7.0 mgd. This project is planned to be fast tracked with construction completed in the early summer of 2010. The funding for this project was approved in the fiscal year 2010 budget. Following the approval of the FY2010 budget, the Public Works Department performed an analysis of the reclaimed water distribution system and concluded a pressurized system provides the most reliable and attractive water source to our customers. The Boise River Outfall Pipeline is not suited for use as a pressure transmission line. This pipeline has been repaired several times between the wastewater plant and Heroes Park and would leak significantly if used as is. Options that exist to alleviate these concerns and increase the integrity of this pipeline are slip lining, pipe bursting or replacement, none of which were in the fiscal year 2010 budget for this project. The addition of slip lining the Boise River Outfall Pipeline and modifications required for a pressurized system has precipitated the need for the approval of the attached budget amendment. IV. IMPACT A. Strategic Imp t: This activity aligns with our Department's vision of recycling and/or reusing eighty percent of the waste stream. Water reclamation is one means of reusing the waste stream at the wastewater treatment plant. This combined with other technologies such as biosolids management and beneficial reuse could help us realize the City's vision for the year 2030. B. Service/Delivery Im~t: This project 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 Meridian in areas such as subdivisions, golf courses, parks and the Ten Mile Interchange landscaping. C. FiscalIm acct: Page 2 of 4 Project Costs Negotiated Bid Amount Not-to-exceed $2,251,050 Consulting Assistance $40,000 SCADA Programming $30,000 Contingency $254,000 Total Project Budget $2,575,050 Project Funding Reclaimed Water Booster Station and Reservoir (3590-96172) $1,375,000 Reclaimed Water BRO Outfall Line Retrofit (3590-96173) $75,000 ~ Total $1,450,000 Budget Amendment Required $1,125,050 -1oc1~c~ D. Funding. Sources: The budget amendment request will be funded from the postponement of the construction of the $490,000 reclaimed water pipeline from Cherry Lane to Ustick Road to fiscal year 2011 and savings of $635,050 that was returned to the enterprise fund from the Black Cat Projects due to the favorable bidding environment. Tits 2tc i~T ~n~ wc~E ~ ~htT '3'T Flo?~~, ~~0 ~ ~O V. ALTERNATIVES A. The City could choose to not approve the budget amendment and alternatively complete this work as a low pressure system as it was budgeted for fiscal yeaz 2010. Without the benefit of a pressurized reclaimed water distribution system, the distribution system would rely on storage ponds and individual pumping facilities. This has the potential to increase the overall cost for this program long-term and brings with it many operational challenges and may limit potential customers. B. The City could choose to delay or not perform this project. This would result in the delay or cancellation of the startup of the Heroes Pazk Demonstration project that is expected to be completed this spring. City water would be utilized for the irrigation of the Ten Mile corridor. Heroes Park would likely be irrigated with irrigation district water. Additionally, the wastewater treatment plant flows would be more likely to exceed the permit limit of 7.0 million gallons per day and may miss out on the opportunity during the good bidding environment that currently exists. • VI. TIME CONSTRAINTS The reclaimed water booster station and reservoir design build project has an expected completion date of the early summer of 2010. Council's approval of the Reclaimed Water Booster Station and Reservoir Project budget amendment is critical Page 3 of 4 to meet this projected timeline and have the reclaimed water systems at Heroes Park and the Ten Mile corridor online in the summer of 2010. Additionally, this project will provide additional flexibility to meet the permitted effluent discharge limit of 7 million gallons per day at the wastewater treatment plant. VII. LIST OF ATTACHMENTS A. Budget Amendment for the Reclaimed Water Booster Station and Reservoir Project. Approved for Council Agenda: / I o ate • ~J Page 4 of 4 • zo Q a H~ FL L~l 0 s ~ V O ~ U o fl- ® -~ ~~ LL~ ~ a Z a~ m G ~ ~ ~ .Ct W$ E o~~ gV 1~- V O `~ O a Q `o y. m N_ P 0 ~; W 0 a gW Q W O Ln Q Z Z w W m m _~ 0 c C w 0 .0 .~ m m ~~ ~a ~~ ~~ r - r a S ~~ s ~' ~ ~ ~ s a~ a ~ ~ ~~ ~~ a~ ~~ ~ ~ ~ ~~ ~~~ ~~ ~~ D ~ a o P ~~ ~ ~~ ~$5 ~~ ~~~ ~ ~~ ~ ~ ~ ~a ~ ~ m a ~ ~' v C ~ ~ 7 ' ~ c ~ ~~ ~ ~~ ~~ C w ~ ~ m ~ ~~ ~ ~ 's ~~ ~~ ~ ~ E ~, 'o ~ ~~ a :~ ~ ~~ `o ~ ~~ ~ 0 cV ~ ~ d) e ~~ 8 ,~~ ~~ ~~ r ~ ~r ~~~ ~ ,~ ~~ D~ pr ~~ W~~ ~~ ~ '' ~ ~ s~ ~~ ~~ ~~ ~~ P ~ g ~~ ~~s ~~ ~~ E~ a .o ®~ ~~ m~ a~ .~ o E ~ .o ~~~~ ® ~ ~~~_ ~ ~ o ~ ~~~~ ,~ ~ ~~~~ ~W~~ ~,~ ~ E ~~®~ ~~~~ ~~~a me~~ ~ ~~ ~~~_ ~~~~ o=~E® ~~e~ ~~ ~~" WO~V c~~~ ~~ ~R~g~~~ • Q ~_ O -fl Na ~~ ~~ a ~ ap 0 m do F- Z W 0 z ~ W W oQ ~m `` ~''~ moo ~~~~ Q~ .` ~ ® ~a •, S Oy6' ~~~~~~ ~s~ - Z ^ ~ ^ ~ . ~ N r O z O z O: z~ ~ ~ >- ~ ~ ~ ~~ -~ o qo ~ ~ ~ ~ ~ G1 ~. , ~ 1 ~~z ~08~ ~~~ O ~~ d A ~ ~ s ~ C C ~ 8 ~ ~ E ~ o ~, ~ m a ~ C - y 3 3 ~ ~ ~ a ~ u~i Z Z O O pp pp ~ ~ ~ NN N ~ ~ ~ c O N a l'7 'pd' ~ dP' g ~ ~ ~ ~ 4 O e E d a E LL a .~ a m V v , ' ® ~ Q~ W d c O p~ O t= _~~~ ~~ ~~$ ~~~ ~~Q~~ ~~~~. ~~~ ~~ ~~~ ~ ~~~~~ ~ ~~ ~ E ~--~~ ~ ~ W ~ ~~c ~ g~ m ~~ ~ U c M ~~ ~° ~ ~ e 0 ~ ~ O ~ ~ s v ~ ~ ~ ~ ~ E ~ H ~ `' ~ o . v ~ ~ n Ai+ ~ ~ ~ W ~ O u C~ + ° ~ t7 s O ~' ~ ~ 9 ~ N N ~ ~ ~ ~ ~ ~ ~- 99 o~ D ~ (V ~+ ~ ~- a .~ Z Hl 9 ~ a, ~ ~ ~ ~ ~ ~ ~ ~ ~ w O • E r~ ~- ~, ~ H Z F ~ ~ ~ ~ ~ ~ ~ ~ O m Ow vt ~~ c 'O C {0 E~ o~ ~~ ~~ mE ~~ .~ ~~ ~~ Em Cm `~ ~~ ~~ ~~ ~~~ ~~~ maw gym • a O m F o_ ~$'+$ d d r 8I 0 Q8 gg gg ggg 8 8 8~ 8J 0 ~~e~~ ~ ~ ~ N N N 333 333 d_ d_ ~_ ~_ ~ ~ ss a <_ ~~ 55 ~~ ~ ~~~ ~P_ y ~~_p N Q Q • o oo p TT O. qp ~~ '~ c ~ O O y ~, ~U ~ 04 ~ i N © ~ N r: ~ ~ a ~~ 7 8 8 s 3 ~~zzz~~~ ~~s~~~~~~s~ ~€ s 0 h , S~ ~ ogn~ a o`~~.,e ~o~^=Fa~~m~~ ~ n .~ ~~~~~~~ aaaaaaaaaaaa a~aaaaa~aaaa ~~~ ~ ~ ~~3~ e e~ ~'~~~~ U U V U U U U U U CS N O O O O O ~ O ~ O ~i ~~ $~~s~s~$~~s$ 0~ P N T P P N Q. P O~ N P „ „ „ „ „ P „ P P „ n „ 1~1 ~ ~ ~ C M Q Q Q O O O y 0 0 ~~ Saa_5~~~~~~~~ ~~ 0 a s (oE I Reuse Program Status j~E CEI'~E JAN 2 6 2010 CITYOFCiCfe rnav CITY CLERKS OFFICE 1 2010 Booster Station ~ Reservoir Budget 2 Booster Station & Storage Tank $ 1,375,000.00 3 BRO Line Retrofit $ 75,000.00 4 Total $ 1,450,000.00 7 Booster Station 8~ Reservoir Bid Cost 8 Booster Station & Reservoir $ 1,521,500.00 9 14" ID Pipe Bursting of BRO Line $ 360,000.00 10 100 Ibs/day Chlorine Generator $ 222,500.00 11 500,000 Gal Storage Tank $ 371,000.00 12 Total $ 2,475,000.00 15 Bid Deductions Cost 16 Deduct for Deleting 1 Chlorine Generator $ (50,000.00) 17 Deduct for 12.25" ID BRO Slip Lining $ (160,000.00) 18 Deduct for Building Reduction $ (20,000.00) 19 Usage of existing BRO Pumps $ (17,000.00) 20 VFD Modifications $ (17,000.00) 21 Total $ (264,000.00) • 24 Bid Additions Cost 25 Change Fill Line to Storage Tanks from 8" to 12" $ 27,550.00 26 Modifications to use Transite Line as Tank Drain $ 12,500.00 27 Total $ 40,050.00 30 Other Additions Cost 31 Consulting Assistance (Biding, Submittal Review) $ 40,000.00 32 Scada Programming and Implementation $ 30,000.00 33 Contingency $ 254,000.00 34 Total $ 324,000.00 37 Proposed Funding Additions 38 Savings from Black Cat Trunk Line Project (returned to EFB in 2009) $ 635,050.00 39 Postpone 16" Pipe from Cherry to Ustick from 2010 to 2011 $ 490,000.00 40 Total $ 1,1 43 Total Project Cost (Bid+Deducts+Adds) $ 2,575,050.00 45 Total Funding Available (Org Budget+Additions) $ 2,575,050.00 47 Difference $ _ C • • MERIDIAN CITY COUNCIL MEETING January 26, 2010 APPLICANT ITEM NO. 6E2 REQUEST Public Works -Agreement for Design Build Services with the Team of JC Constructors, Inc. 8~ Pharmer Engineering, LLC for the Reclaimed Water Booster Station s~ Reservoir Project for Not-to-Exceed Amount of $2,251,050.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY PUBLIC WORKS: See Attached 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 Meridian. • ~~i~E IDIAN~- P1lbi1C ~ DA H O • ~iTorks Department TO: Mayor Tammy de Weerd Members of the City Council iF'ROM: Clint Dolsby, P.E. Mayor Tammy de Weerd Cny Coandt Men~ber~e Ketth Sird Brad Hoagiun Charles Rountree David Zaremba DATE: January 19, 2010 SUBJECT: AGREEMENT FOR DESIGN BUILDER SERVICES WITH THE TEAM OF JC CONSTRUCTORS, INC AND PHARMER ENGINEERING, LLC FOR THE RECLAIMED WATER BOOSTER STATION AND RESERVOIR Pi2QJECT FOR ANOT-TO-EXCEED AMOUNT OF $2,251,050.00 I. RECOMMENDED ACTION A. Move to: 1. Approve the Agreement for design builder services with the team of JC Constructors, Inc and Pharmer Engineering, LLC for the Reclaimed Water Booster Station and Reservoir Project in an amount not to exceed $2,251,050.00; and 2. Authorize the Mayor to sign the agreement. II. • III. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer (Project Manager) Warren Stewart, PW Engineering Manager Torn Barry, Director of Public Works DESCRIPTION A. Back ound 489-0341 489-0350 489-0372 Page 1 of 4 Development of the Heroes Park water reuse facility and the draft Citywide Permit has Laid much of the conceptual groundwork for building a reclaimed water program in the City of Meridian. In conjunction with the Reclaimed Water Master Plan, the Reclaimed Water Booster Station and Reservoir Project will provide a substantial part of the backbone that is necessary to expand the Reclaimed Water Program in the City of Meridian. B. Proposed Project The purpose of this project is to provide effluent storage at the wastewater treatment plant in support of the Class A Reclaimed Water Program and effluent discharge limit of 7.0 million gallons per day. The design build team of JC Constructors and Pharmer Engineers was selected to perform the work through a request. for proposals which received five responsive proposals. Class A Reclaimed Water requires additional disinfection which will be accomplished in the storage tanks, and a booster station is needed to convey the Class A Reclaimed Water into the distribution system. This project is planned to be fast tracked with construction completed in the early summer of 2010. The funding for this project was approved in the fiscal year 2010 budget. Following the approval of the FY2010 budget, the Public Works Department performed an analysis of the reclaimed water distribution system and concluded a • pressurized system provides the most reliable and attractive water source to our customers. There is significant trepidation with regard to the operation of a pressurized system in the thirty year old Boise River Outfall Pipeline. This pipeline has been repaired several times between the wastewater plant and Heroes Park, and likely will not hold pressure in the pressurized system. Options that exist to alleviate these concerns and increase the integrity of this pipeline are slip lining, pipe bursting or replacement, none of which were in the fiscal year 2010 budget for this project. This addition to the project has precipitated the need for the appraval of a budget amendment for this project. to be approved with the attached agreement. C. Design Build Team Selection The request for proposals for the Reclaimed Water Booster Station and Reservoir Project received five responsive proposals. • JC Constructors, Inc/Pharmer Engineering, LLC • The Ewing Company/SPF Water Engineering • HDR Design Build, lnc. • McAlvain Design Build, Inc./Forsgren Associates, Inc. • Guho Corporation/Tb~e Land Group • Page l of 4 C7 • IV V. A selection team comprised of Public Works Staff ranked the proposals and the team of JC Constructors, Inc and Pharmer Engineering, LLG was chosen to perfortxz the work. 1[MPACT A. Strat~g~ Impact: This activity aligns with our department's vision of recycling and/or reusing eighty percent of the waste stream. Water reclamation is one means of reusing the waste stream at the wastewater treatment plant. This combined with other technologies such as biosolids management and beneficial reuse could help us realize the City's vision for the year 2030. B. Serviee/Delivery Impact: This project 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 Meridian in areas such as subdivisions, golf courses, parks and the Ten Mile Interchange landscaping. C. Fiscal Impact: Project Costs Negotiated Bid Amount Project Funding Reclaimed Water Booster Station and Reservoir (3590-96172) Reclaimed Water BRO Outfall Line Retrofit(3590-96173) Not-to-exceed $2,251,050 ALTERNATIVES $2,17~,osa $75,000 A. ~ The City could choose to not approve the budget amendment and alternatively complete this work as originally budgeted for fiscal year 2010. Without the benefit of a pressurized reclaimed water distribution system, the distribution system would rely on storage ponds and individual pumping facilities. This has the potential to increase the overall cost for this program and brings with it many operational challenges and may limit potential customers. B. The City could choose to delay or not perform this project. This would result in the delay or cancellation of the startup of the Heroes Park Demonstration project that is expected to be completed this spring. City water would be utilized for the irrigation of the Ten Mile corridor. Heroes Park would likely be irrigated with irrigation distric# water. Additionally, the wastewater treatment plant flows would be more likely to exceed the permit limit of 7.0 milfion gallons per day. Page 3 of 4 • VI. TIME CONSTRAINTS The reclaimed water booster station and reservoir design build project has an expected completion date of the early summer of 2010. Council's approval of the Reclaimed Water Boaster Station and Reservoir Project agreement is critical to meet this projected timeline and have the reclaimed water systems at Heroes Park and the Ten Mile corridor online in the summer of 2010. Additionally, this project will provide additional flexibility to meet the permitted effluent discharge limit of 7 million gallons per day at the wastewater treatment plant. VII. LIST OF ATTACHMENTS A. Agreement for Project 100fi0C with JC Constructors, Inc. for the Reclaimed Water Booster Station and Reservoir Project. Approved-for Council Agenda: T oa ate • Page 4 of 4 AGREEMENT FOR INDEPENDENT DESIGN-BUILD TEAM SERVICES DESIGN -BUILD THIS AGREEMENT FOR DESIGN-BUILD PROFESSIONAL SERVICES is made this 26th day of January, 2010, 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 JC Constructors hereinafter referred to as "DESIGN-BUILD TEAM°, whose business address is 1305 Columbia Rd., Meridian, ID 83642, and whose Public Works License # is 14336-U-1,2,3. JC Constructors is the lead in the design-build team and has contracted with Pharmer Engineering, Inc. of Boise for the design of the project. INTRODUCTION Whereas, the City has a need for services involving Design Build Construction Services described in Attachment A; and WHEREAS, the Design-Build Team is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scop® of Work: 1.1 DESIGN-BUILD TEAM shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specrfied in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or . produced by the Design-Build Team under this Agreement, including RECLAIM DESIGN-BUILD PROJECT - page 1 of 77 without limitation electronic data files, are the property of the Design-Build Team; 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 Design-Build Team may copyright the same, except that, as to any work which is copyrighted by the Design-Build Team, the City reserves aroyalty--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 Design-Build Team 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 Design-Build Team represents and warrants that it will pertorm its work in acxordance with generally accepted industry standards and practices for the profession or professions that are used in pertormance 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 Design-Build Team and any reports or opinions prepared or issued as part of the work performed by the Design-Build Team under this Agreement, Design-Build Team makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the Design-Build Team at the City's request under this Agreement will be pertormed 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. Consld®ratlon 2.1 The Design-Build Team shall be compensated on Lump Sum basis as provided in Attachment B °Schedule of Values° attached hereto and by reference made a part hereof aNot-to-Exceed amount of $2,251,050.00. r: 2.2 The Design-Build Team shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period and which correspond with the Schedule of Values, which the Cifiy 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 Clty to Design-Build Team under the terms and conditions of this RECLAIM DESIGN-BUILD PROJECT - page 2 of 77 • Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Design-Build Team. 2.3 Except as expressly provided in this Agreement, Design-Build Team shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Design-Build Team shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon services described in the Scrape of Services, (b) June 12, 2010 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party of the Design-Build Team, or (b) sale of either party of the Design-Build Teams business. 3.2 Should Design-Build Team default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Design-Build Team. 3.3 Should Clay fail to pay Design-Build Team all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Design-Build Team, at the Design-Build Team's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of either party of the Design-Build Team's business; or c. Death of either party of the Design-Build Team RECLAIM DESIGN-BUILD PROJECT - page 3 of 77 4. Termination: If, through any cause, DESIGN-BUILD TEAM, 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 DESIGN-BUILD TEAM of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. DESIGN-BUILD TEAM 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 DESIGN-BUILD TEAM under this Agreement shall, at the option of the CITY, become its property, and DESIGN-BUILD TEAM shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. • Notwithstanding the above, DESIGN-BUILD TEAM shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by DESIGN-BUILD TEAM, and the CITY may withhold any payments to DESIGN-BUILD TEAM for the purposes of set- off until such time as the exact amount of damages due the CITY from DESIGN-BUILD TEAM is detem~ined. This provision shall survive the termination of this agreement and shall not relieve DESIGN-BUILD TEAM of ~s liability to the CITY for damages. 5. Indep®ndent Design-Build T®am: 5.1 In ail matters pertaining to this agreement, DESIGN-BUILD TEAM shall be acting as an independent Design-Build Team, and neither DESIGN-BUILD TEAM nor any officer, employee or agent of DESIGN- BUILD TEAM will be deemed an employee of CITY. Except as expressly provided in Attachment A, Design-Build Team has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. • RECLAIM DESIGN-BUILD PROJECT - a e 4 of 77 P9 • 5.2 Design-Build Team, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent Design-Build Teams and not as employees of the City. 5.3 Design-Build Team shall determine the method, details and means of performing the work and services to be provided by Design-Build Team under this Agreement. Design-Build Team 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 Cites control with respect to the physical action or activities of Design- Build Team in fulfillment of this Agreement. If in the performance of this Agreement any third pen3ons are employed by Design-Build Team, such persons shall be entirely and exclusively under the direction and supervision and control of the Design-Build Team. 8. Indemnli~catlon and Insurance: r: DESIGN-BUILD TEAM 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 DESIGN- BUILD TEAM, 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. DESIGN-BUILD TEAM shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement. liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / 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' Compensafion 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, DESIGN- BUILD TEAM 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 o#her costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Design-Build Team or Design-Build Team's officers, employs, agents, representatives or subDesign-Build Teams and resulting in or attributable to personal RECLAIM DESIGN-BUILD PROJECT - page 5 of 77 injury, death, or damage or destruction to tangible or intangible property, including use of. DESIGN-BUILD TEAM shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing DESIGN- BUILD TEAM'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 Design-Build Team begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, DESIGN-BUILD TEAM shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Design-Build Team shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this contract, Design-Build Team's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the Cites elected officers, officials, employees and volunteers shall be excess of the Design-Build Team's insurance and shall not contribute with Design-Build Team's insurance except as to the extent of City's negligence. The Design-Build Team's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subDesign-Build Teams shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Design-Build Team and Design-Build Team's agents, representatives, employees or subDesign-Build Teams. 7. Bonds: Payment and Performance Bonds are required prior to execution to this agreement and must be in place throughout construction. RECLAIM DESIGN-BUILD PROJECT - a e 6 of 77 P9 ® 8. Notices: Any and all notices required to be given by either of the parties hereto, unless othennrise 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 JC Constructors. Inc Attn: Jim Cox 1305 Columbia Rd. Meridian. ID 83642 Idaho Public Works License #:14336-U-1.2.3 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attonney Fees: Should any litigation be cx~mmenced between the parties hereto cronceming this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowiedge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that DESIGN-BUILD TEAM shall not have the right to assign, transfer, hypothecate or sell any of fps rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibit®d: In performing the Work required herein, DESIGN-BUILD TEAM 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. RECLAIM DESIGN-BUILD PROJECT - page 7 of 77 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by #his Agreement. 13.2 Design-Build Team shall maintain all writings, documents and records prepared or compiled in connection with the pertormance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of DESIGN-BUILD TEAM'S records with respect to all matters covered by this Agreement. DESIGN-BUILD TEAM shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, R®production and Us® of Material No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance+ with Laws: In performing the scope of work required hereunder, DESIGN-BUILD TEAM shall comply wlth all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of DESIGN-BUILD TEAM'S compensation, which are mutually agreed upon by and between the CITY and DESIGN-BUILD TEAM, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. 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 RECLAIM DESIGN-BUILD PROJECT - page 8 of 77 • enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of D®fault: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advic® of Attorn®y: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicabl® Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval R®quir®d: This Agreement shall not become effective or binding until approved by the City of Meridian. 24. Order of Prec®d®nce: In the occurrence of a conflict between the documents of this agreement The order of precedence for this agreement shall be as follows: • Terms and Conditions of pages 1-10 of this agreement. • Facility Performance Requirements. • City Capital Improvement Projects Water Pollution Control Requirements. • Supplementary Conditions (Modified from the Engineers Joint Contract Documents). • Standard General Conditions of the Contract Between Owner and Design Builder (Issued jointly by ACEC, NSPE, 8c ASCE). • RECLAIM DESIGN-BUILD PROJECT - page 9 of 77 • CITY OF MERIDIAN BY: TAMM d WEERD, MAYOR Dated: 1-~LCo - Z®1 c> Attest: Approv~i by Council: JA cITY Approved as to Content JC CONSTRUCTORS, INC. ,-- BY: J m ox Dated: ~ z-S ~ ~ D 3O l C~ .~` .t OF MER1 ''~. t ; ~ ~O s ~ ~~~ ~~ %~90,~ T 1st ,, ~O``~: ,~ ~~ ~~. ~~~~~~~ 1-IU ,NTY++++++++.~`~ Publflc Works D®partm®nt Approval BY: KEIT S, PURC SING AGENT Dated: ' d Approv®d as to Form CITY ATTORNEY BY: - NAME: Ll~nt p,\t~~ TITLE: A SS. Staff' C:1~~~ Ens, nekr Dated: ~ ~zz ~~~ RECLAIM DESIGN-BUILD PROJECT - page 10 of 77 Attachment A SCOPE OF SERVICES This Scope of Services contains the following: • City Capital Improvement Projects Water Pollution Control Requirements • Standard General Conditions of the Contract Between Owner and Design Builder (Issued jointly by ACEC, NSPE, ~ ASCE) • Supplementary Conditions (Modified from the Engineers Joint Contract Documents) • Facility Performance Requirements • • RECLAIM DESIGN-BUILD PROJECT - a e 11 of 77 P9 ATTACHMENT "A" CITY CAPITAL IMPROVEMENT PROJECTS WATER POLLUTION CONTROL GENERAL Water pollution control work shall conform to the provisions in the latest edition of the City of Meridian Construction Storm Water Management Plan (CSWMP). The Contractor may obtain other National Pollutant Discharge Elimination System (NPDES) permits that apply to activities and mobile operations within or outside of the project Ifmlts including asphalt batch plants, material borrow areas, concrete plants, staging areas, storage yards, or access roads. The Contractor shall perform water pollution control work in conformance with the requirements in the Construction General Permit (CGP) and its addenda in effect on the day Notice of Award is dated. The CGP and other references for performing water pollution control work are available from the Environmental Protection Agency's (EPA) web site at: htta://wwuv. eaa.gov/ebtaa4es/watestormwater. htm I EROSION AND SEDIMENT CONTROL PLANS For City Capital Improvement Projects constructed entirety within the Ada County Highway District (ACRD) right of-way the Contractor shall prepare an Erosion and Sediment Control Plan to meet ACHD's storm water management requirements identified in the District's Municipal Separate Storm Sewer System (MS4) permit. In addition, for Capital Improvement Projects that disturb less than 1 acre and therefore do not require coverage under the CGP, the City requires the Contractor to develop an Erosion and Sediment Corrtrol Plan (ESCP) to proactively manage storm water from the construction project. The ESCP will be a simplified version of~the SWPPP associated with larger projects and include the following components: ^ Project name, location map, and responsible Contractor; ^ Project description; ^ Identification of potential impacts on water quality; and, ^ Plan drawings depicting storm water management strategy, including the management of wastes and non-storm water discharges. The ESCP will be submitted prior to the beginning of construction activities for City approval. The Public Works staff will review and approve the ESCP prior to the D-l Flpurchasing~bid's - prnje~fs~2oo9-zolo~reclaimea water uooster station ana r~savoi~ignb~Wa rfp~co~acc~at~chm~t a scomiwater manages speci6catioadoc r beginning of construction. The ESCP shall be updated as required throughout construction phase using a similar amendment process to that for SWPPPs. The ESCP will be active on each Capital Improvement Project until the City accepts the work. STORM WATER POLLUTION PREVENTION PLAN The Contractor shall submit a Storm Water Pollution Prevention Plan (SWPPP) to the Project Manager for approval. The SWPPP must follow the formatting of the latest EPA SWPPP Template and must be site specific. The SWPPP shall conform to the requirements in the CGP. The SWPPP shall include water pollution control practices: A. For storm water and non-storm water from areas within and outside of the job site related to construction activities for this contract such as: 1. Staging areas. 2. Storage yards. 3. Access roads. 4. Disturbed areas. The SWPPP shall include a schedule that: A. Describes when work activities that could cause water pollution will be performed. B. Identifies soil stabilization and sediment corrtrol practices for disturbed soil area. C. Includes dates when these practices will be complete. The SWPPP shall include temporary water pollution control practices and their associated contract items of work as shown on the plans or specified in these special provisions. Within 20 days after contract approval, the Conractor shall submit one copy of the SWPPP to the City. The Contractor shall allow 10 days for the City's review. If revisions are required, the City will provide comments and specify the date that the review stopped. The Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the City's comments. The City's review will resume when the complete SWPPP is resubmitted. When the City approves the SWPPP, the Contractor shall submit four copies of the approved SWPPP to the City. Upon completion of an initial project SWPPP that is approved by the City, the City and the Contractor shall submit separate Notices of Intent to EPA Region 10. The Contractor shall not perform work that may cause water pollution until the SWPPP has been approved by the City, both the Contractor and the City meet the 7-day waiting period after filing separate NOIs, and a preconstruction SWPPP inspection with the D-2 f.\purchasing~b(d's - projec~~2009 2010\reclaimed water booster statlon and reservolr\d~tgnbutid rfp\contrac~cMnent a stormwater management spectflcatlon.doc Contractor and City has been conducted. The City's review and approval shall not waive any contract requirements and shall not relieve the Contractor from complying with Federal, State and local laws, regulations, and requirements. The Contractor shall amend the SWPPP as required throughout the project to meet site requirements. If there is a change in construction schedule or activities, the Contractor shall prepare an amendment to the SWPPP to identify additional or revised water pollution control practices. The Contractor shall submit the amendment to the City for review within a time agreed to by the City not to exceed the number of days specified for the initial submittal of the SWPPP. The City will review the amendment within the same time allotted for the review of the initial submittal of the SWPPP. If directed by the City or requested in writing by the Contractor and approved by the City, changes to the water pollution control work specified in these special provisions will be allowed. Changes may include addition of new water pollution control practices. The Contractor shall incorporate these changes in the SWPPP. The Contractor shall keep a copy of the approved SWPPP at the job site. The SWPPP shall be made available when requested by a representative of the EPA; a state, tribal or local agency approving sediment and erosion plans, grading plans, or storm water management plans; local government officials; the operator of a municipal separate storm sewer receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service to the requestor. Requests from the public shall be directed to the City. IMPLEMENTATION REQUIREMENTS The Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered by the City. The Contractor shall provide qualified personnel with applicable training certification to draft SWPPP, conduct and record inspections, and to meet other permit requirements. A qualified preparer of the SWPPP shall either be certified through the International Erosion Control Association as a Certified Professional in Erosion and Sediment Control or Certified Professional in Stormwater Quality; or have completed a minimum 4hour stormwater Resident Engineer or SWPPP preparation training in the past 12-months through the Owner, Idaho Transportation Department, or other government agency. A copy of the certification shall be provided in the SWPPP. At a minimum, the Owner and the Contractor shall sign and certify the SWPPP and all associated stormwater management documentation in acxordance with the CGP. If the ranking corporate officer does not sign the SWPPP and all associated stormwater management documentation, then they must be signed by a duly authorized person so designated by the Contractor in a formal letter on corporate letterhead. D-3 f:\purchasing\bid's - ProJects12009-20101reclaimed water bcoster station and r~~voUW~tgnbuitd rfp\contraaNattachment a stormwater management speci~cetion.doc If the Contractor or the City identifies a deficiency in the implementation of the approved SWPPP, the deficiency shall be corrected immediately, unless an agreed date for correction is approved in writing by the City. The deficiency shall be corrected before the onset of precipitation. If the Contractor fails to correct the deficiency by the agreed date or before the onset of precipitation, the City may correct the deficiency and deduct the cost of correcting deficiencies from payments. If the Contractor fails to conform to the provisions of this section, "Water Pollution Control," the City Inspector or Project Manager may order the suspension of work (at Contractors expense) until the project complies with the requirements of this section. The Contractor shall construct water pollution control items identified in the SWPPP. The Contractor shall maintain the water pollution control items until the City has accepted the project and the Contractor has filed an NOT with the EPA. The Contractor can only file an NOT after receiving authorization to do so by the City. Y®ar-Round The Contractor shall monitor the National Weather Service weather forecast on a dally basis during the contract. The Contractor may use an alternative weather forecasting service if approved by the Project Manager. Appropriate water pollution control practices shall be in place before precipitation. ® The Contractor may discontinue earthwork operations for a disturbed area for up to 14 days and the disturbed soil area will still be considered active. When earthwork operations in the disturbed area have been completed, the Contractor shall implement appropriate water pollution control practices within 14 days, or before predicted precipitation, whichever occurs first. INSPECTION AND MAINTENANCE Weekly storm water management inspections will be conducted on Capital Improvement Project construction sites. The Contractor and the City will perform weekly storm water management inspections together. The City's SWPPP Construction Inspection Form will be completed, including signatures, during the weekly storm water management inspection. The Contractor shall inspect the water pollution control practices identified in the SWPPP as follows: A. Before a forecasted storm, B. After precipitation that causes site runoff, C. At 24-hour intervals during extended precipitation, D. On a predetermined schedule, a minimum of once a week The Contractor shall oversee the maintenance of the water pollution control practices. D-4 flpurchastng\btd's - projecta\Z00g 2010\reclaimed water booster station and reservoMd~ignbuild rfp\caMractlattachm~rt a stormwater management speciflcatlon.doc REPORTING REQUIREMENTS If the Contractor identifies discharges into surface waters or drainage systems causing or potentially causing pollution, or if the project receives a written notice or order from a regulatory agency, the Contractor shall immediately inform the City Inspector and Project Manager. The Contractor shall submit a written report to the Project Manager within 7 days of the discharge, notice or order. The report shall include the following information: A. The date, time, location, and nature of the operation, type of discharge and quantity, and the cause of the notice or order. B. The water pollution control practices used before the discharge, or before receiving the notice or order. C. The date of placement and type of additional or altered water pollution control practices placed after the discharge, or after receiving the notice or order. D. A maintenance schedule for affected water pollution control practices. PROJECT COMPLETION The City may authorize the Cortaractor from further storm water management obligations once the construction is completed. Contractor must submit a completed "Contractor Request to File Project Notice of Termination° for City review. The Contractor Request to File Project Notice of Termination is included in Appendix F of the City's CSWMP. Upon completion of construction, the Contractor may submit their NOT thereby shifting responsibility for final stabilization to the City. The NOT serves as notification that construction activities with a potential to release pollutants are complete and that the construction site is stabilized in accordance with the provisions of the CGP. END OF PROJECT DOCUMENTATION Before the City accepts the project and before final payment, contractor must supply the City with a copies of all storm water management documentation associated with the project including the SWPPP, completed inspection forms and any other documentation to meet the requirements of the CGP . The copies must be in color, hole punched and Inserted into a hard cover three ring binder, and must follow the formatting of the EPA SWPPP template. PAYMENT During each estimate period the Contractor fails to conform to the provisions in this section, "Water Pollution Control," or fails to implement water pollution control practices the City may withhold payment. D-5 f:~purchasing~bid's - projecfs~2009-2010U~laimed water booster stetlon and r~ervaMdestgnbugd rfplcontractlattachment a stormwater management specification.doc The contract lump sum price presented in the schedule of values for preparing and implementing the storm water pollution prevention plan shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in preparing, obtaining approval of, and amending the SWPPP, as specified in the Standard Specifications and these special provisions, and as directed by the City or City's Duly Authorized Representative. The contract lump sum price is a fixed price and any changes to the projec# for additional storm water pollution prevention to comply with the CGP after the start of construction will be at the Contractor's expense. Payments for storm water pollution prevention will be made as follows: A. Upon City approval of the SWPPP and a preconstrvction SWPPP Inspection with a Project Compliance rating of 1, 50 percent of the contract item price for storm water pollution prevention may be included in Contractors progress payment request. B. Upon City acceptance of the project, the remaining 50 percent of the conrtract ftem price for storm water pollution prevention may be included in Contractor's progress payment request. Implementation of water pollution control practices in areas outside the project limits not specifically provided for in the SWPPP or in these special provisions will not be paid for. • D-6 f:~purchasing~bld's - projects~200g 20101reclalmed water [woat~ staBon and reservolrldesignb~ld rtplcontractletlachment a stormwater management speciflc~tUon.doc • This document has important legal consequences; consultation with art attorney is eacouiaged with respect to its use or modification. This document should be adapted to the particular circumstances of the txntemplated Project and the C~rotlun Law. STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN O~JNER AND DESIGNBUII,DER ~r ~rrcnvs~RS aoINT coi~cT IDOCUMEIVTS colvnmrrlr~ aa~l Rued a~ Published roindy by .AGEC '~°~-~~~-~- P.rore~ito,.el iltxra- Aauvr~wPro.~rnroRw.4canwPmm~++n. 1a1'tiM~el7rs~ •~narar:~+i.~R ~ ~°~ .~ PROFESSIONAL ENGIIVEERS IN PRIVATE PRACTICE a practFce divlsPon of rlie NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGII+tEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGWBERS :_ •S ° FJCDC Da00 Standard General Condtt[ons of the Contract Bctwsea Oaaer sad Qe~gnBnpder t __-- Copyr~AR®200E lYat[onai $oc[aty of Profesa~i Eo{ineers far I~fCDC. All rigbfa re~arrat. • These General Conditions have bean prepared for use with either o~ of the two Agreerrtent4 between Otiaaer and Desiga/Builder (Nos. D-S20 and D-525, 2002 Editions) of the Engineers Jo1at Contract Documents Committee. Their pt+ovisioas era interrel and a cluutga in one may nitate a change in the others. The suggested languago and instructimts ~trisined in the Guide to Use of FJCDC Deslgn/Bui1d Documents (No. D-OOI, 2002 Edition) is alp carefaily interrelated with the language of these General Ctnuiitions. The Guide also contains comments concerning the use of tim Gen$rel Conditions. Copyright ®20021Vetbna! Society of Prof~onat Engineers 1420 King $tceai, Alasandrla. VA 22314-2794 American Council of Esgint~ring Compaq 101515th Street N.W., Washingbnn, DC 20005 AmtxMan Society of Civil Engineers 1801 Alesandar Bell Drive, Reston, VA 20191-4400 :. •• r... •„p~sv•a • ~ •. .ia! ' EJCriC'b-7~ Qcntsrat condl8ons of tho Contract Hehveea Owner and Dtslgolsu[~ ~ ._. ~ CopyrJ~~00Z Naltaicty or Nraresslotfat Eatlneers for R,lCDC. M rig6te reacrved. - - TABLE OF CO~ENTS Page • ARTICLE 1-DEFINITIONS AND 7'ERMIriOLOCiY .......................»..................................»......»..»....».........................».......».l 1.01 Defined Terlt~s ......................................................................................................................................................................1 1.02 T~rpiaology.. ..» ......................................................»................................... ....................................................3 ARTICLE 2 -- PRELIMINARY MATTEItS ....................».........................................................:..........»..........................................4 2.01 Delivery of Bonds.. ........ .... .............. .........................................................»._...................................»».4 2.02 Comment of Contract Times; Notice; to Fraceed.».........» ...............».»................».................„.„...............................4 2.03 Starting the Work ...............................................»»..«..............»._..................................».................,.._.................»............4 2.04 Before Starting the Work .........................................»...................................................................»...........................»..........4 2.05 Initial Conferenc~...... ...................................»....».............................................................................. ..............».4 2.06 lnidal Acceptance of SrJiedola ... .... .. .........................................................:....................4 ARTICLE 3 -CONTRACT DOCUMENTS: ~lIdTENT, AMENDING, REUSE ................................„........»..............«....»............ S 3.01 Dent..... .» .....................»..............».....................................................».............................................................5 3.02 Reference Standards.........».» ..........................._..».................................................................«.»»....»..........».....................5 3.03 Reaoiving Discsrepancsies ..................... ....»........»».».....».»..............._..................................................._.....................5 3.04 Amending aril Supplementing Contract Dcctmaents........» .............................................................„............»......................5 3.05 RettseofDocnments ........................................»...............»........„......»...»..».....»..».»............................»....................»......6 3.06 Electronic Data ............. .......».....................»..»... ..... .»........ _ ... .. .. ... ............6 ARTICLE 4 -AVAILABILITY OF LANDS; DIFFERINQ SITE CONDITIONS; REFEREATCS POINTS; HAZARDOUS BNVIltONMENTAL CONDITIONS......» ............................................................................................»..........................»...............6 4.01 Availabllity of Lands ......«....»..»..........« .................._.............................._.»..._....~.............................................................6 4.02 Differing Site Conditions ............................................»...........................».........»...............»..».».........,..........................»...6 4.Q3 Reference Polrr~ ........_..... .». ............................»..........................................................».....«....»....»..«..........7 4.04 Hazardous Eaviranaaental Comlidon at 3ite.» ................................................................................._.a.................................7 ARTICI E 5 -BONDS AND INSURANCB .. ....................».......»..»..............................................»..............»...........................7 S.OI Performance, Payment and OuterBonds .......................»..»..............«.....».........».....................»...................»...............«...8 5.02 Lioertsed Sureties and Itlsttrers .................................»..............»........................._.....„...».......»....„.»...................................8 5.03 Certi of Ittstaance . ....................................»..............»....»..»....»................................».».....».............................».8 5.04 D~igalBnilder's Liability Instuanc~ ............................................................................................»..»........»......»..»..............8 S.OS Owner's Liabilhy Itrstnance ...............».._..........».....»......».....»..............»................»............»...........»...............«.............9 5.06 Property inscttau~ .............»....»........................_..........«...........................»........._...........................».......».».................»...9 5.07 Waiver of Rlghts........ _ . ............. ..... .........».............................................»...........................................................10 5.08 Receipt and Application of Insurance Prods...w .................».....».»....._....„...........»............._.._..............«..._............10 » 5.09 Acxsptabce of Bonds end Insurance; Option to Replece .....................»...............».........».........„..................»...................1 l 5.10 Patrtial Utilisation, Acknowledgment of Prroperty Ins<aanc~ ...» ..........................»...»...........»........»«..........»..»....»..........11 ARTICLE 6 -DESIGN/BUILDER'S RESFONSIBII,ITI~S »........„ .......................................................».........».............._..._...... I 1 6.01 .Design Profesaioaal Servicea..» .....................»....._........................»....«...._......».....,........»......»..............._.._....»...........11 6.02 Supen+ision and Supce of Constradicn ..».» ..............................»..».....».......».................«...........»..................12 6.03 Labor, Working Hours .... .............»........................»..........................»...........................»...................»................._..12 6.04 Services, Materials, and Equipmeat.........»..........» ....................................................».......................».........»....................I2 6.05 Progress Schedule.........».. .............................................»».....».....................».............»._....„._.„..................„12 6.06 Cog Sniurontractars, Suppliers and Othets ................................«.........«............:.............».....................................12 6.07 Patent Fees and Royalties ...»..........» ................................................_.......»...».....«.....................»..........».».„..................13 6.08 Pe.rtrrits' . ... .. .......~.............................................................................................._.._............................................_...13 6.09 Laws or Regnlations .................»....._.................................................................................».».«........»......».»....................13 6.10 Taxes .....................................»....»..«.»..............................................».........,...,.............................»... ..........»....................14 6.11 U~ of Site and Other Areas.» ...............»........»..........................»....».........»....._...................«.......... ......».....„.................14 6.12 Rexxrd Docume~ ......................»....».».............................................................»............................... .....................»....»..14 6.13 Safety arul Protection ........................».».........»».........................................................................................:....................... I4 6.I4 Safexy Repres~tative............» ......... . ......................................................................................................_....................... i5 ..... 6.15 Hard Commtmlcatlon Programs ...............................»...........................................................»...._..............................._..IS 6.16 Ba~rgeneies.» ....» .....................»....»................................»....................................................»...,............«.W............,......:lSr ..,s..~•..> 6.17 Submittals . .............»»......................._.............................................»....................»..............................................15 .L .. 6.18 ContintlingtheWork ...............................................».............._............................._.................................».........................IS 6.19 Post Conatructiov4 Phase ... ............. .................»......................................................................... ....................» 15 ..;... .6.20 Design~Btlilder's Qeuenal Warranty and CiWaramea ..............................»......................................... 16 . 6.?~I Iademnifi~tiOn ......................«....«..«............. .««..............».............»......»........................„.......... J~ «. . »~~..« ...............16 ._ - . ~ ` 1£JCIICU-Zan bR~nra General CanddBons of tke Contract Bcstween owa~ and Dxst~lButldsr ~ ~ ~° Copyrtgidtlt Nalfaoal'Sactery atPrati~ta~l Ea[ttaeers far >:.ICDC. All rtgLte revved. • ARTICLE 7 - OTHER CONSTRUCTION.........» ...................».........».........»......................»..»».»...........».»....._.......................16 7.01 Related Work at Site ....» ...............».».......................................................................................»...............»........................ 16 7.02 Coordination ... .......»... .....»....»..........» ........................»...»..............»»..............»....»...............». ...17 ARTICLE 8 -OWNER`S RESPONSIBILITIES .......................................»..........................................»...............»..». ..........»......17 8.01 General .....................»..»..».....»....».....».......»..............»».........»............»»..»........»......».....................»......... ...».....»......17 8.02 Insurance ......»...».....».» .............................»».».................»..............»......».»..»....»..»»..............»..................................18 8.03 Limitations on Owner's RespansIbilides ...............................»............................»....»..........».............................................18 8.04 Undisclosed)3a~rdous Environmental Condition ..»...........».........»...»....»........».....».»»..»....».....» ........................»..... I S 8.05 Resident Project Representation ..» ............................».........................»........».............».......».».»..»...........................»..» 18 8.06 Oamer's Consultant» ......... ......... ........».»................»...»....................._...»....».»..................»...»»...........».18 ARTICLE 9 -- CHANGES Af THE WORK; CLJ~-IMS.........»...........».......» .................................».»....»...................... »..»...... , .18 .... 9.01 Authorized Changes in the Work...»..........».»....»..........».........».........»..».....»...........» ...................»................................18 9.02 Unauthori~d Changes in the Work..........» ...............»..».»..»»....»..»._...........».....».....»....».»».»...»»............»........»....» 18 9.03 Claia4s ..................................».»......»....».»................».»........».»»......»....................................».....»...........................»....18 9.04 Exeauion of Cluuige Orders»........».....».»....».».»......»..»....»...»..»...»»..».....»..»......»».»..»....».....»..».......». .».»...........19 9.05 Notice to Sureti~......» ..............»..»...........».........................................»...»...»............»...................»............... ».....»...»...I9 ARTICLE 10 - COST OF THE WORK; CASH ALLQWANCES; UNIT PRICE WORK.........».»...»....»..»...........».. »»..»....»...19 10.01 Coat of the Work....»...........» .........................».....».....»».....»...»..»......................».».................»................... ....:............19 10.02 cast, ana.....».....».........»..»..........»........»».......».........»...».»...».»»...» .............»».......»......................»..»..........21 10.03 Unit Prig.... .. .........»».»» .. ... »».... ...».. ».. .......»....».»..».»........_.... .»......._.....21 ARTICLE I 1-CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ........»......»....»..» ..............».»............2I 11.OI Change of Co~.ract Price........»..»...........».».»....»...».»..»........»».».....»..»» ...:..........»....»..».....»....»..............»...........»21 11.02 Change of Contract Times ...».......».....».....»........».....».a....»...»».»......»......» .................»..»...........».......».....»....».......22 ARTICLE 12-TESTS AND INSPECTIONS; CORRECfiON, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION... ......» ...................................»................»»......»....»...»............................................».»..».......»..»..............23 12.OI Notice ofl)efects .. ...........».........»..........»..»...».......»..»....»...»..»...»........,.......................»...»................... »...............23 12.02 Access to Construction» .............». »..........»..».....~....»»......».~......».........».............».»...............».................~.............23 12.03 Testa and Inspections ....». ..23 12.04 Uncovering Construction .............. .................»....»»......».».»...».»......»............................»........».................»..»....».23 12.05 Owner May Sip Conswction...... ....».. ........»..».».........»......» .....................»....._........._..»...........»...»........»..23 ........ ...... 12.06 Correction err Removal of Def~tive Constructiaa».»...» ............._.»..».»..»...........»....»..............»...»...»...».........»........23 12.07 Correcdoa Period.. ....»...........».» ................».....».»..»..»..........»..........».»._..»»........».....»..........»..............»24 12.08 Acceptance of Defective Conshuction... ..»..»»..»......».».........» ................»..............»..»............»..»...........».».............24 12.09 Owner May Correct Defective Constraction .».».»............» .............»........................».»..»........»».....»...»......»»..».....»24 ARTICLE 13 - PA~'MEN1'S TO DESIGN/BUILDER AND COMPLETION ....................».....»...................»..........»........»».....25 13.01 Schedule of Values ................».....»..».»......».........»........»»....»......»..».»..»»........»..»»....»....»..».»..»....».:.....»............25 13.02 Application for Paymeat ..» .................».........».....»......».....»..»....................»....».....»....»..»..................»........25 13.03 Pro~re~ Payments.»..».»...... ». .».».......».»..»».......»....»......».»...»........» .....................»...».....».....».....»...».......»....ZS 13.04 DesignBuildde Warranty ofTitte.»....».....»_.._..._.._»....._..».»......».........».......»....».».»..........» ................. .»»...»»....26 13.05 Sabataatial Completion ..............................................»».....»..».....»....................»......»....................,...».»»..... ................26 13.06 Partial Utt7ia~tion..»........» ..................»..»..........».......»»....................»............»........».....»..........»»...»...»....».»............Z6 13.07 Final Inspection......»....».» .................».......»»....».».....................».»..»..»...»...»...»......»»..»..........»..»....»................»...26 23.08 Final Payment. ......» .........................».»..........»...».......................»....»..........»....................»....».»..»..».....27 13.09 Final Completion Delayed ....» ...............»................»..........».........»..».....».».....».......».»..»................».......... .....». ..2? 13.10 Waiver of Claims .»»........ ..........»..»»....».»....». ...._.....»»»..»....»..».....».......»» .....................»...»..... »..„..........27 ARTICLE 14 -SUSPENSION OF WORK AND TERR+ID~IATION »..».»..»..........».»..........».....»....».»..........».».»..... ...».....»....27 14.01 Owner May Suspend Work.....»........»....»....» ......................»...».........»....»..................»....»....................»...........».».....2? 14.02 Owner May Terminate for Cauae.....».»..»».»....»..........».....»..».....».....».....».....»....».».».».»...........».......».» ..............»28 14.03 Owner May Terminate for Coavenience ..............»........»................»...........»......»............................»............. .».............28 14.04 Design/~ilder May Stop Wozk orTerminate.....»....»........».» ................»..».........».»...».....».».».»».»..».».... »....»..»....28 ART14:LE 1 S -DISPUTE RESOLUTION ..»........»..».....»....»...........» ........................»..........».».....»....»..........................»....»..29 ARTICLE 16 - MISCELLANBOUS .......».»...........».»....».......».».....»......»...........»..» ................».....»....................»..............,...29 16.01 Gluing Notice.. .»» .............».....»....».»....»................»...........................».».....»...»..»»...........».».....»....».»..........»...29 1602 Compdation of Times .».........»»..» ..............»............».........................................»...».»....».»..,.....»........_.»..a......».»...29_ • •..~,t~.-• 16.03 Cumulative Remedies ..............„.»............»...».....»...».».„..».....».............».......»..».»....». ».».».»..........»........»..»».....»29 16.04 SuuvivalofObligations..» .......................»......»....».............».....»..».....».....».»....»..».................».»................................29 16.05 Controlling Law......»»...» .............._...................»....»...........»......».....................».»...........».......».... .....»..».......».29 ~ • - •4,.• ..1 r _ n &iCDC-D-70D 6i~R~nd tiencret Condittocsettlre Cunh~aet Detamn Owner end D~NHoUdwr ~'k: .' ~~ Nadoaal'tlactet~orProtiastenet $ ter L~.lcac. M ruts - • STANDARD GENERAL COND~ONS OF THE CONTRACT BETWEEN • • OWNER AND DESIGNIBUILDER Request for Propomis which show or destxibe the ARTICLE l -DEFINITIONS AND TERNIINOLOGY ~~~' and scope o1; or relate to, the Work m be ~rformed or furnished and which have been prepatal by or for Owner. lAl DoBned Terms A. Wherever used in the Contract Documentr and printed with initial or all capital levers, tlm fol[awiag tarots have the meanings indicated which are applicable to both the siagalar and plural thereoi» 9. Corrsbuctwn -The rceult of perfotmiag or iiunishing of labor, the furnishing and incorporating of materials and equipment iso the Work and the finnishing of services (other than Design Professional Services) and documents, all as required by the Contract Docantcets. 1. Addenda - Wr[tten or graphic in~uments issued prior to the opening of Pmposals which clarify, corrcet or clangs the Request for Propo~ls ce tits Contract Dooumerrts. 2. Agreemenn -The wrt~ instrument which is evidence of the a~reemept between Owner a~ Design/Builder covering the Work. 3. Appllcadiorr for Payment - The farm which is to be seed by DesIgn/Builder in requesting progress or final payments and which is to be accompanied by such supporting docamentatian as is required by tire Contract Doramnents. 4. Asbestos -Any material that cxsnmias more than one percent asbestos and is friable err is relcesing asbestos fitmrs into the air above currant action Ievels established 6y the Unital States Occupational Safety and Iialth Administration. 5. Bonds - Perforcoance and payment bonds and other instrcum~ of security. 6. Change Order - A written order which is sig~l by Design/Builder and Owner which authorizes an addition, deletion err revision in the Work, or an adjust~at in the Contracst Price or the Contras Times, rued on or a~ the Effective Date of the Agreement. 7. Claim - A demand err a~afion by Owner or DceigalBuiider seeking an ac}jusbmeart of Conhnct Price or Contract Timms, or both, or other relief with respes to tits terms of the Contract. A demand for money or services by a third party is not a claim. 8. - C'oliceptrtal Dacrmtesis -The drawings and sgeait3cations aadlor other graphic or written materials, criteria and iatbrmation cancxndag Owner's requirements for the Project, such as design abjescvas and constraints, space, capacity and perfomrance r~airemertts, flexibility add expandability, including those items emrmereted in the 10. Cor~slructJo~r ,~tbagreernmrt - A written agreement between Design/Bnilder and a conatrudioa Snbc~tractor for provision of Construsion. 11. Coedact -The moire sad inrtegrated written agreemnent between Owner and Desiga/Bailder concerning the Work The Contras ce prior n~otiatiotre, representations, or agreennetris, whether written or oral. 12. Contract Docronents - Those items ~ designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contrcet Docrmamfs. 13. Contract PrPce - Tlta mo~ys payable by Owner to DceignBuilder for completion of the Work in accordance with the Contract Docarrnents. l a. Contract 77nres -The mm~bers of days or the dates sued in tlm Agreement to (i) achieve Substantial Completion, and (u`) complete the Work ~ that it is ready for flaal ~yrcenc in aarordaarce with Paragraph 13.08. 15. DsslgelBuilder-The individual or entity wish whom Owner has entered into the Agent. 16. Dasi'gn Subagreemenl - A written agreement between ]?ceign/Builder and a design pr9ofessioael for provision of Design Professional Services. 17. Design Professional Servlcec -Services related to rim preparation of Drawings, Specifications, and offier design submittals specified by the Contract Docaranents and required to be performed by Ucensed design professionals, as well as other servicce provided by or for 1rc design professionals during BiddinglNegotiatiag,~Coan, or_...,,,...a•.... Operatfanal phasce. l8. DrativvMgp - Timms portions of the Contract Docummtts prepared bjr or for Desigo/Bnilder and approved by Owner consisting of drawings. diagrams, .- . _ .. _ . ~ ;~ 6acnca-yea c~~t canes arise coned a,p oar aQa t:aer ..: R ~-~°- ~` e . cop'®zn~i~on~ se:eety or rr~r~aot tar ~tc>~ .w,~uts ~ ~; t - • I L e illustrations, schedules end other data which show the scope, extent, and charail~ of the Work 19. ~ective Date of the Agreement -The date indicted in the Agt~ment on which it become effective, but if no sorb data is indicated it mane the date on which the Agreement is signed and delivered by the last of the two parties in sign and deliver. 20. Field Order - A written order issued by Owner which order minor change is the Work bat which does not involve a change in the Contract Ftiaa or ~ Contract Times. 21. Hazardous Envirorotrental Condittorr -The presence at the Site of Asbesta, Haardous Waste, PCB's. Petroleum Products or Radioactive Materials in such quantitie or circumstances that may pt+eent a substantial danger to person or property expos thereto on connection with the Work. 22. Hazardous 69~te -The term Hazardous Waste shall have the meaning provided is Seilic® 1004 of the Solid Waste Dispoel Act {42 USC Sation 6903) as amended from time to titan. 23. Laws ar Regulattor~s -Any and alI applicble laws, rules, regalatlons, ordinances, cxdes, and orders of aay and aIi governtaeartal bodies, agencies, ~orities and courts having jurisdiction. 24. Lteos -Charge, security interests ar encum- btan~s upon real property or personal property. 25. Mtiestotm - A princi~l event specitletf in the Contract lets relating to an Intermediate completion date or time prior to Substantial Completion of alt the Work ?b. Notice of Award -The written notice by Owner to the sua~sstul proposer stating that upon compliance by the sucrfirl proposer with the conditions precedent i~hrded therein, within die time speciSed, Owner will sign and deliver the Agreement. 27. Notice to Proceed - A written notice given by Owner m l?elgo/Bru'ider fixing the data on whicb the Contract Tiraa will ce to run and on which Deigtr/Builder shall start to perform the Work 28. Owner -The individual or entity with wham lOeslgulBuilder has entered into the Agrcement and for whom the Work is to be perfcrmed. :;~ • 29. Owner's Consultant - Aa individual or entity with whom the•Oavner may txrttrail to Snnish crvices to Owner with respect to tiro Project sad who is identiSed ae _ such in the Supplementary Conditions. 30. Paratal Uttlizatton -Use by Owner of a substantially completed pact of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all tine Work. 31. PCBs- Polychlorinated biphenyls. 32. Petroleum -Petroleum, Including crude oil or m-Y fluction thereof which is liquid at standard conditions of temperature and preetue (60 degrees Fahrenheit and 14.7 pounds per agars inch absolute), such as oil, petroleum, foal oil, oil sludge, oil refuse, ga~liue, kerosene, and oil mixed with othernon-Hazardous Wastes and crude o'ls. 33. Project -The total c~struction of wbich the Work to be provided under the Contrail Documents may be the whole, or a pert as inditx-Led elsewhere in the Contract L?actnnerrts. 34. Proposal - Tim documents submitted by 1>eign/Bnilder in response to the Request for Proposals setting forth the deign concepts, proposed price, and other comlitiotrs far the Work to be performed. 35. Radioarlirre -Source, special nuclear, or byprodrril material as defined by the Atomic Energy Act of 1954 {42 USC Section ZOl l et seq.) u amended fi+orn time m time. 36. Rerlrmst for Propas4ls - The document pm~ned by air for Owner sly .and describing Owner's objectives and the procedtue to be followed in pr~aring sad submitting a Propoal and awarding a conhaot. 37. Resident Project Retpreser~tative - The authori~d representative of Oartter who may b$ assigned to the Site or any part thereo£ 38. Scheafale of Nalaes - A schedule prepared by lQeign/Buitder and erxepmble m Owner indicting that portion of the Contract Fdce to Ere paid for each mr}jor t of the Work 39. Site -Lands or orbs aces desig~ecl in the Contract D as being 5uaish~ by Oamer upon which Caatructicn is to be performed, includingrights-af- way and eacments far a therew, and such other lands famished by Owner which are designated for use of Deigo/Builder. 40. Spec(Jlcattoras -The part of the Contract l)~m~ prepared by or for L)elgn/Btdlder and approved by Oamner consietiug of technicaL.....,.~..,.q•..r descriptior~ of materials. equipment, exlnstruation systems, ,z - amadarde sad worlananship as applied to die Work and certain edmiaishative details appGts<rbla thereto. *r~ •~ &rCDC D-TtIO•S~ndard Geaernt Cendlftoos or th Conhnct Between ~rvn~ and Dnlp/Bnitdcv _ ~ "~- Copgrlg6t ®Ed~'liQdti®na! Soe7~sty et' Pror~toml [:n~ae~s for EJCDC. Ag rights reserved. ~ _u .~.:. ~ • • 4l. Subcor~traclor - An individual or entity other than a Supplier having a direct coahact with DesignlBuilder or with say other Subcontractor for the performance of a part of the Wark. '" 42. Submittal - A written or graphic document prepared by or for Desiga/$uiIder which is required by the Contract Documents to be sab~mitted m Owner by Design/Builder. Submittals may inchule Drawings, Specifications, programs schedahsi, shop drawings, samples, cash flow projections, and Schedules of Vahusi. Submittals othar than Drawings and Specifications are sot Centred Document4. 43. Suddstaattal Completion -The time at which the Work (or a apexdfied part) has progressed m the pohrt where it is safi'iciently complete, in accordance with the Contract Documents, so that the Wark {or a specified part) can be utilized for the purposes for which it is iatwtded. The retina "substantially complete" sect "substantially completed" as applied m all or part of the Work refer to Substantial CmapieLion titereof. ~4. Srtpplementary Coeditlorrs -The part of the Contract Docnmems which amend or snpple~ these t3eaeral Conditions. 45. Stcpplier - A rnem~acdtrer, fabricator, supplier, distributor, materiahran or vendor having a direct coctract with Design/13uilder arwith any Subr.~ractor m famish materiels or equipment m be imcorporabed is the Work by D~ignll;w'lder or any Subcontractor. 46. Uoit Arica Work - Work m Ire paid for on the basis of unit pricx~s. 47. Work -The entire conshuctian ar the various separately identifiable parts thereof tragaired m be performed ar fiualshed under the Contract Documents. Work includes and is the result of perfomting ar furnishing Design Profes~onal Services and Construction requited by the Contact Documents. ' 48. Work Change DJrective- A written directive m Design/Builder, issued on or atbrr the Effective Date of the Agrexmatt amd signed by Owner ordering an addition, deletion ar revision in the Work, or res~nding m dIfi~ing site cmndition.~ under which the Work is to be performed ar m emergencies. A Work Change Directive will not change the Contract Price ar the Contact Tunes, but is evidence that the parties expect that the clangs directed ar doramnented by a Work Change Directive will be iacarporated in a snbaequantly issued Change Order following negotiations by the partIea,as to its effect; ffany, on the Centred Price ar Contract Tiut~. 1.02 T~nola~- A. Intent of Cmmin Terms ar Adjectives: 1. The word "day" shall t~nstitute a cal~dar day of 24 bows measured fium midnight m the next midtri~ht. "~ 2. The word "defective," when modifying the ward "Construction" refers to Conshuotion that is teary, faulty, or defidem in that iR does not conform m the Contact Documents, or does not meat the requir~ts of any inspection, reference standard, test or approval refereed to in the Contract Doamneots, ar has been damaged prior m Owner's final payment ~(unle~ responaibitity for the protection thereof has been asscmned by Owner at Substantial Completion) provided that the defectwas not caused by Owner. 3. The word "fimnish," when coed in connection with services, nndarials, ar egalpmetd; shall mean to supply and deliva~r said servIoes, materials or equipment m the Site {ar some other specified location} ready for use or lnsmllatioa and in usable ar operable condition. 4 The word "Yastall," when used in connection with services, materials, or ~panent, shall mein m put into use ar ptac:a is final posltioa wfd services, materials ar egnipment ar equipment complete and ready for intended use. 5. The words "perform" or "provide" when aced in Eton with servlaea, materials, or equipment, shall mean to famish aml install ~d smvioes, materials, ar equipment complete and ready for inter use. 6. When "~~" "~~~~ "p~~" ar "pmvi~" is not used in connection with services. materials, or equipment in a contest clearly requiring aD obligation of Design/Bnildar, "provide" is impUed. 7. Ual~ stated otherwise in the Contract Dosaua~ts, words or phra~ which Gave swell-k~wn technical or construcdon industry ar trade meaning are ascd im the Contnact Dar~nts in accordance with that meaning. °8°°~.~ . • EtCOC 1?-7Rp.}54gu~ard {i~feral Copolttonserttte contract Betw~ Otvncr end Dr~galBafld~ _ ~"- ~ ~ d '~ t:Opyrtgtltl tl aIICtBtSt o1'Pref~anal t'Lagiecp8 IO! t~R,'DC. Aq r~$t-t8 reserved. ~ ~ ~ . 3 • • ARTICLE 2 - PRELIMINARY 1MATTERS 2.01 Dtdivery of Bonds A. When Design/Bnilder delivers the executed Agreements to Owner, DesignlBwihler shall a[~ deliver to Owner such Bonds as Design/Builder may be required to furnish in accordance with paragraph S.OI .A. 2.02 Commencement of Contract Times; Notice to Proceed A. The Contact Tueers will commence to nm oa the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, oa the day indit~ted in the Notice to A Notice to Proceed, may be given at arty time within thirty days after fire Effective Date of the Ag~n~t. Unless agreeri to in writing by Owner and DesignBm'lder, the Contras Times wr71 commence to ran uo later then the ninedeth day aPlar the last day for receipt of the Propo~l or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.03 Startlag the Work A. DesignlBuilder shall start to perform the Work on the date when the Contract Times oonunence to run. No Work shall be done at the Site prior to the date on which the Contract Timms commence to rues. 2.Oq Before Starting the Work A Desfgn/Builder's Review of Conlrvct DoratmePtls: Before undertaking each part of the Work, DesignlBw'lder shall carefully study and compare thou Contract DocumenR prepared by Owner and check and verify pertinent $~ therein and all applicable field measurements. Design/Builder sha11 promptly report in wilting to Owtmr any conflict, error, atabignity, or discsrapanoy which Design/Brrildermsy discover and shall obtain a written laterpretation m clarification from Oeaaer before prodding with eery Work affected thereby; however, DesigolBuilder shall not ~ liable to Owner for failure to report any contlis, error, ambigahy, or discregancy+ in the Contract Docamests unless DesignBuild~ knave or rrrably should have known thcseo£ B. Frelimiaary Sclredulas: Within 10 days after conmQerrcement of fire Contact Tarmi~ {rmle~ otherwise specified in the Contract Documents Deaig~oBwlder shall submit the following to Owner for its timely review: 1. A ptrelimiEraey progrr~ schedule indicating the times {~oinatbers• of days or dates) for starting end completing the various stages of the Work, ihcluding arty IVIIestones steed in the Contract Docerments; 2 A preliminary ~hednle of Submittals which will list each required Submittal and the liras for submitting, reviewing and peocessing each Submittal; r, 3. A preliraiaary- Schedule of,Values for alI of the Work which will mchrde quantities sad prices of items which when added together equal the Contact Price and subdivide the Work into compost parts in sref6oient detail to serve as the basis far progre~ payments during peeformance of the Work. Such prime will include as appropriate amount of overhead and profit applicable to each item of Work; and 4. A preliminary cash flow projection estimating that portion of the Contras Price to be dues during each month of performance. G Evidence of Irrsurarrce: Beforoa arty Work at the Site is starterl, DesigniBnIlder and Oama ehaII each deliver to the other, aerliSe~tas of inauraace as required by patagraph 5.03 which Design/Builder and Owner r+espesively are required m purchase and maintain in accordance with Article 5. 2.OS Initial Conference A. Within iwenis+ days a8er the Contras Tiny s~ start to run, D~ipr/Breiider will arrange a conference attended by Owmr and D~IgalBnilder and others ere appropriatie ~ establish a working rmderstaQding among the party as to the Work and ~ dim the deign concepts, schedules refeaed to in geragragh 2.04.B, procedui~ for handling Submittals, proc~ing Applicstions for Payment, maintaining required ~~, ~~ Pmt ~ paragaph 8.OI.A.6 and other matters. 2.Q6 linit~l Acceptance a! 3shedales A. At least ten days before submi~ion of the Best Application far Payment (unle~ odrerwi~ provided in the Contract Documents Desiga/Builda• will anarrge a conference attended by DesignBnilder, Ownm and' others es appropriate to review for aoaeptahtlily the schedules submitted in accordance with paragaph 2.04.8. Deaigu/BuiWor shall have en additional ten days to maim carrectiona end adjnts and to complse and eesnbmit the schedules. No ptngreas payment shall be made to Daiga/Builder rmtil the acceptable schedules are submitted to Owner. 1. The progrebn sch~ute will ba acceptable to Owner if it provides an orderly progreseIon of the Work to compledaa within any ap~ified IVirlesbnm and the Corrhact Times. Such ac~eptaace will not impox on Owner res~nsibillty for the progress schedule, for sequencing, schedulnrg• or proms o£ that. Wsrck no=......,,r..r•, •~ interfere with nor relieve DesignBuilder from :_ Design/Bm7der'shall reaponaibility theeefor. 2. Design/Buihler's schedulee of Submittals will be acxxrptable to Ownm if it provides aworkable - • ~- - °~-~ ~ EdCDC D- t,enerat Coedit~ns orthe conhacc serweea owner amt DceJgalsnpdrr •'"'','•'~='+~- .~ - Copyr7g6q~ t~aBoaat 8od~ty of Profit Bngtmers rnr Facnc. AO rtgt,ra rived. - • ` .~. '~' '~' a - - • arrangeraart for reviewing and processing the requires DoCtureents wt7i control except when Owner has approved a Submittals. Submittal pursuant to paragraph 6.17.B. 3. Design/Builder's Scheduld-of Vahres will be B. Except as otherwt~ speclflc:elly stated 'in the acceptable to Owner as to form and substance if it Conb~act Documents, the provisions of the Contract provides a reasonable allocation of the Contract Price to Document shall take precedence in resolving any confiic~, component parts of the work. error, ambiguity, or discrepancy between the provisions of the Contract Documents end: . ARTICLE 3 - CONTRACT DOCUMItNTS: 1aV7'E1VT, AMENDING, REUSE 3.01 lnterrt A. The Contract Documents are complementary; whet is called for by one is as biatliag as ff called for by all. B. It ~ the intcet of the Contract Documents to describe a fimctionaliy txlnmplete Project (or part thereot) to be designed a~ consirnct~ in accordance with the Cantract Docrnnents. Any h-bor, documentation, a~vices, materials, or equipment that may reasonably be inferrer from dre Contract Docuimerrin or from prevailing cusrom or wade umge es being required w produce the intended result will be fiunished and performed whether or not speclfiwlly castled for at no additional cost to Owner. 3.02 Reference Standards 1. The provisions of any such standard, epeci6cetion, manual, code, or instruction (whether or not apectiScaUy Incorporated by reference in the Contract Dcownenfs); or 2. The provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an motion of the provisions of the Contract DoAmrends world result in viohrtion of such Law or ltegulation~ 3.04 Amending and Sapplementtrrg Contrast Documents A. The Contract Documents may be amended to provide for additions, deletions, and revlslon$ in the Wark or to modify the terms and conditions thereof in one or more of the following ways: 1. Owner's approval of requires Submittals (pursuant to paragraph 6.17.B); A Standards, Spceific~tions, Codes, Laws or Regulations. 1. ]reference w standards, speclScatiom, manuals or codes of any technical society. organization or association, or to Laws or Regulations, wheffiear such refer~ce be specific or by implication, shall mgrs the standard, specification, manual, code, or Laws or Regula6oae in effect oa the last day for receipt of Propomis except as may be otherwise speciStailly stated in the Coatrect its. 2, No provision of any such standard, specification, manual, code, or instruction of a Supplier shall be effective to change the duties and rmponssbilades of Owner, Desiga/Builder, or any of their subcontractors, consultants, agents, or employees from thou net fordr in the Comract Documents, nor shag It be effective to a~ign to Owner any duty or authority to supervise or dlrax the firrniahing or performance of the Work or any duty or authority to undartalce respansibiGty iaconsist~ent with the provisions of the Contract Documents. 3.03 Resoiving Dlscrepancles A. In the event of a disas~ancy between the Cgncaptual Docmnanta on the are ham and the Proposal or Drawjngs or 3pecificatioffi on the other hand, the Coaceptnal 2. A Work Change Directive; 3. A Mange Order; 4. A Field Order. 3.05 Reuss ojDors A. All docmne.~s including Drawings amt Speclfitatior~ prepared or thrnishecl by DmignlBulld~ prnsuaa! to this Agreement are for Design/Builder's own use, and D~ign/I3uilder shall retain as ownership and property iatermt therein whether or not the Project is completed. Owner may make and retain copies for information and reference In connection with the use and o~rty of the Project by Owner and others. However, such doamients are not intended or re~rresented to ba suitable for reuse by Owner rn others on axtensfons of the Project or oo ceY other project Any reuse or auy continued use e8er say termiratioa wldrout wtittra verification or adaptation by DesignJBw'ld~ for the specific purpose intended will be at Owner's ale risk and without liability or legal ~osrare to DeaigaBw"lder and Owner shall Indemnify and hold harmless DesignJBuild~ a~ Subcontractors from all claims, damages, losges Ord . ~Y•.} inchrding attorneys' fees arising our of or restating there5am. ` Any such verification or adapRtion will entitle DesigalBuilder to firrther compensation at rates to fie agreed upon by Owner arrcl Drsigo/Builder. °~.:~ ~ ~JCQC D-7pQ.Stapt~ard Genceal Coadigone of the Contract Behvvc~ Owa¢r and D~IgnJBmlder - : •-~ -~"3 _ Co¢yr7gbtLiVatroaar sortety or t-rotesstmiar Eagtaaera Par E.1CDC. Aa r1$hb reserved. ~ . ~ '' s - - e 3.06 Electronic Data A Copies of dam fimoished_ by Owner to DesignBuilder or Design/Builder to Owner that maybe relied upon are limited to the printed copies (also known as hard copies Files in electronic media format of text, dam, graphirs, or other types are firmished only for the convenience of the receiving parry. A~ conelusion or information obtained or derived irrom such electronic files wrU be at the awl's sole risk. if there is a discrepancy between the electronic files mrd We hard copies, the hard copice govern. B. Because dam storal ~ electronic media format can detmioi<ate or be modifies inadverten8y or otherwise without authorization of the data's creator, -the party receiving electronic files agrees that it will perform aa~ptance tests or proms within ti0 days, aftef which the receiving party steal! be deemed ~ have accepted the data lima transferred. Any ernors demand within the r~-day acceptance period win be cat[ected by the transferring parry. C. When transferring documents in eletdronic media format, the transferring party makos no rglresentations as to long term compatibility, u~biuty, or readability of documents rc~anlting fionn tlxi nee of ~flcvane application par ages, operating systems, or computer hardware differing from those used by the dam's creator. ARTICLE 4 - AVAILABILITY OF LANDS; DIIFFERING SITE CONDITIONS; REF>gRENCE POINTS; HAZARDOUS ENVIRONZNENTAL CONDITIONS 4.01 AvaUabUlty of Lands A. owner shall fiunish tiro Site. Owner shall notify Design/Boilder of soy ~ or resortctiona not of geneaal application but specifically related to use of the Site which DeaigoBuilder will have tD comply in peaforming the Work: Unless otherwise provided in the Contract Documents, Owner will obtain in a timely manner sad pay for ~sements for permanent strnctue+es ar permanent changes in exisdng facUitta. If Design/Builder and Owner are usable fA agree on entitlement to or the amount or extant of any adjusdneats in the Contract Price or the Contract Timaes as a result of any delay in Owner's filrnishing the Site, Daign/Bw'lder may make a t;leim therefor as provided ht Article 9. $. Upon reasonable written request, Owner shall famish Desiga/Builder with a current statement of record legal title and legal description of the lends npon which the t:oristrnetiOn-is fa be.perfmmed and Owrmr's interest therein as necessary for giving nodce of or filing a mechanic's lien against each lands in accordancas with applicable Laws or RegutatIorla • tw Desigo/Builder shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipm~rt. r 4.02 Differing Site Conditions A. De~go/Builder shall promptly. and before the conditians are disturbed, give a written notice to Owner of (i) subsurface or latent physical conditions at the Site which differ mab~ially from those indicated io the Contract Documents, or (ii) tmknown physicet cronditions at the Site. of an unusnai aerate, which differ materially from those ordinarily encountered and generally recoggi~ct as inhering m work of the character celled for by the Contract Documents. B. Owner will investigate the Site conditions promptly aRer receiving the notice. if the conditions ~ materially so differ end r~»se ao increase or decrease in the Desigo/Builder's cost o>; or the time required for, performing any part of the Work, whether or not c1>anged es a mutt of tiro coaditloas, ao equitable at~ju~ment shall be made under this clause and the Contract Price or 1"uaes m~ified in writing by Change Order in eccardance with Ardcle 9. tw No request by DesigoJBnr7der for an egaitable adjustment under paragraph 4.02 ehau be allowed anl~ Design/Bur~der tees given the written rmtioa regrdr+ed; provided that the dme pnasarbed in 9.03A for giving written aotlce maybe extender by owner. D. The provisions of this paragraph 4.02 are sot intended to apply m a Hazardous Fmvinamurcetal Condition uacroveried or raveled at the Site. 4.03 Reference Paints A. DesignBwlder shall be resporisr'ble for laying out tiro Wark and shall protect and preserve the raier~nce poiata and property monuments established by Owner pursuant to paragraph B.OlA6.e, and shall make ao change or ielomticma without the prior written approval of Owner. DesigntBuilder shall report to Owner whenever any reference poi or property monument is lost or destroyed or requires relocation beraluse of necessary cheng~ is or Iocafions, and shall be responsible for the accurate replaceruerrt or relocation of each reference points or property monrrme~ts by prof~ionally qualified 1. 4.04 Ra~ardous Snvlronmental Conditioa at ~ A. Design/Bnilder will not be reapamsible for a~ Hazardous Eminonmm~ml Condition enceuntmed at fire Site which was not identify in the Coatraot Documents to be within the ~~ of the Work. • Deslgn/Bnllder shall .be-• •-.c.,~l.•. responsrble for materials creating a Hazardous Envlrcmrnental Condition crceted by any materials brought to the Site by DesignlBwllder, Subrusntraciors, Suppliers or anyone else for whom DesigullBw7der is r~nsfble. • ~ ;, LJCDC p-7005 ., !t~~ard CRaeral Condtftsns art4e Contrntt BMwcee Oaopr earl De~n/BuUder _ ....,, "°- ,g.. CepprrOq~i~atigast„S~ or ProtessIoeol Ba$laeera for EJCDC. Ail rlgWs reserved. ~. °~ ~ . 6 LJ • B. If D~ignBuilder encounters a Hazardous Emriroamental Conditioq Desfgn/Builder shall immediately: (i) secure or otherwise Mate such condition; (ii) stop all Con~ruotion m cronnection with such condition and in air arce affected thereby (except in an saiergenoy as required by paragraph 6.16); and (iu~ notify Owner (and thereaSer cmn6rm such aodce in writing). Owner shall Promptly determine the neae~ity of teteming a qualified expert to evaluate such condition or take corrective adioq ff any. C. Desiga/Builder shall not be required W resume Construction is coffiection with such Ha~rdous Enviranunenral Condition or in any such affected area anti! after Owner has obtained arry- required permit related thereto and delivered to De~gn/Buitder written notice (i) speoii~+ing that such condition sad say affected area is or h~ bey rendered ~fe for the resumption of Consirnctioq or (n) specifying any special conditions under which such Construction may be resumed rely. If Owner and Design/Builder camrot agree as zo emtitlerceat to or the amount or extent of an adjustment, if any, in Contract Price or Contract Tim as a re~r[t of such Construction stoppage or such special caonditio~ under which Construction is agreed w be bq DealgnBm'Ider, either party may make a Claim therefor as prorrided is Article 9. D. if aRer receipt of such special written notice Design/Bw'ider Born sot agree to resume Construction based on a r~nable belief it is un.9afe„ or does not agree to resume shah Construction under each special ceaditions, then owner may order such portion of the Work that is related to such Hazaudous Environmental Condition to ire deleted from the Work. If Owa~ and DroigaBuild~ c~tmot agree as to entitlement to or the amount or extent of an adjushacet, if any, in Contract Price or Contract Times as a result of deleting srrolr portion of the Work, then either party may make a Claim therefor ~ provided in Article 9. O~ may have sash deleted portion of the Work performed by Owner's own forcers or others is accordance with Article 7. E. To the firllest extent pntnitted by haws or Reguhations, Owner shall indcemify and hold harmless D/Builder, Subcontractors, SuppUers and the officers, ~c~, Prem. ~P1aY~, qtr, other consultenis and subcontractors of each and any of therm frorn and against aU ohdms, ~, low and damages (including but not United to aU ~ and charges of engineers, architects, at~meys and other professionals and all court or arbitration or other dispute resolution costa) arising out of or resulting from snob Hazardous Environmeartai Condition, provides that shah Hazardous Environmectal Condition; (n was not shown or indicsrted is the Contract Documents to be ir-cluded is the scope of tire Work, and {iir) was not created by Daign/Buulder or by anyone for ,whom DesIgn/Buildce is responsible. Nothing in this ~ragraph 404.E shall obligate Owner to indemnify any individual or entity from end against the consegrtenoes of that IndividuaPs or entity's own negligence. F. To dre fullest e~~t permitted by Lava or Regulations, Design/Builder shad indenmify and hold harmless Owner, Owner's Consultant and the officeta,_.._ directors, patttreaq, employees, ages, other oansnltants and snbcontcactas of each and any of them from and against aU claims, losses and damages (iceluding but not limited to all fees and charges of engineers, ercbit~, attorneys and other profesvsionels and aU court or arbitration or other dispute resolution oosls) arising out of or resulting from such Hazardous Eavironmeatal Condition created by Deaigo/Builder or arryone for whom Design/Builder is respotrerble. Nothing in this paragraph 4.04.F shall obligate Desiga/Builder to Indemnify any individual or entity $om and against the concequeaces of that individuaCs or errtit~'s own negligence. ARTICLE S-BONAS AND INSURANCE 5.01 Performance, Payment and Other Bands A. DesigaiBullder shall Sumsh performance and payment Bonds, each in an arnou~ at least equal to the Contract Price as security for the llsithful performance and payment of aU Desig~nBullder's obligation to Banish, provide and pay for Work and related materials undzer the Contract Doamrents. These Bonds shall renndn in effect at least until one ycer afhn• the date when final ~ymeat due, except as provided otherwise by Laws or Regulations or by the Contract its. DeaigatBuilder shall also furnish such other Bonds as are required by the Contract Documents. B. Ali Bonds shall be irr the form pr~cx-bed by the Contract Dacements except es provided otherwise by Laws or Regulations, and shall be mcecuted by such series as are nmaed in the current list of "Gies Holding Certillcartes of Autimrity as Acceptable Sureties on Pedals! Bonds and as Acceptable Reinsuring Companies" a8 published In Ciuular 570 by the Audit Stag Bureau of tovemmerlt Financial Operations, U.S. Departrnent of the Tt+easury. All Bonds signed by an aged must be arcom~rried by a cmtified copy of such agents aumority to act. C, if [ire surety on say Bom1 iiunf~d by DesIgn/Bullder is dexlared a banlQUpt or bceomes insolvent or its right to do business is terminated in ans- ~ where arty part of the Project is hn~ted or it ceases to meet the reuprirem~eals of peaagraph S.Ol.B and S.OZ, Deoigo/Builder shall within twenty days thesz~ter substitute another Bond and surety, body of which shall comply with the requirements ofgaragraphs S.O1.B a~ 5.02. SA2 Licensed Snreblec and' Insurors _ y .. ~ _...,,~..,.~~..~ A AU Bonds end insrttanca required by the Contract Docrmtcets to be pm~chased and maintained by Owner or Dedgn/9uiIder sl~ll be obtained Sum surety or insurance companies drat are duly Uc~nsed or authorized in the ~" ' . . ~ ~ racnc p-7oa~stan,~ra caenernt c~atito~ or tbx conMaet t3et`veen over ~ma n~+Suaacr :._, ~ " ' ~ _ CoA3~t,~Z0a1:1VattorminRae4ety of Fror~W~t Fagiaeera err F.JCDG All rl~hte roaertre0. -- • • jwisdiction is which the Project is low to issue Bonds or insurance palm for the limits and coverages so required. Such surety sect iasnraar~ companies shall also meet such additional requirement and qualifications~as may be provided in the Snpplenrentary Conditions. 5.03 CertBifcates of Insurame A. DesignlBuilder shall deliver to Owner, wide copies to each additional insured indicated in the Supplementary Conditions, certi5aates of insuuance (and other evidence of insurance rednested by Ownm or say odrer additional insured) which Deaig~Builder is tr~uired to purchase and mafntatn. Owner shall deliver to Desiga/Bnilder, with copies to each additional iasrrred ir~irur~ is the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Design/Bnild~ or any other additional insured) which Owae~ is nagnired to purchase a~ maintain. 5.04 DaslgnlBnihler's Liability IIasurance A Design/Buihier shall purchase and maintain such Hability and other Jnsnraace as is appropriate for the Work being pe>formed and as wrli provide protection from claims set fortir below which may arise out of or ranlt from Desiga/Builder's p~•fomrance of the Work and Desigo/Builder's other obligations under lire Contract Doanarent, whether it is m Im petforaaed by Dalgn/Builder, arty Subcontr~tor or Supplier or by anyone diratIy or indirectly employes by a~ of them to perform any of the Work, or by a~ forwhoa act air of them may be liable: 1. Claims under workers' compensation, disability benefit and other similar employee benefit 2. Claims for damages betuluse of lmrliiY ~jmY~ occarpational sickaras or disease, or daft of De~n/Builder's employees; 3. Claims far damages beause of bodily injury, sickoe~ or diseae, or death of any person other than Design/Builder's employe 4. Claims for damage insured by r~sonably available personal igjory liability coverage which are sustained (i) by any parson as a result of an offense diratly or indirectly related ~ the employment of sash person by Design/BuiW~, or (irk by say other person for any other reason; • S. Claims for damage, other than to the '6York itelf, beru<use of igjruy to or destruction of taagr'ble Property wherever loafed, including toss of use resulting therefrom: 'and . B: The policies of insurance required by 1~i1mPh 5.04A shall: 1. with rest to insuranoe required by paragraphs 5.04.A..3 through 5.Q4.A6 inclusive, (subject to a~+ customary exclusion in respect of professio~l liability) include as additional Insureds Owner and Owner's Consultant sad say other parsons or entities indicated in the Supplementary ConditIomt, all of whom shad be listed as ~ditioaal insureds, and include coverage for the respective officers. directors, P~~ and employee, agents, and other consultant and snrs of each and any of all such additional insureds, and the insmance worded to these additional insureds shall Provide primary coverage for all claims ~~ thereby; 2. Include at (sett the spedfic overages sad be written for not less than tiro limits of liability provided in the Supplementary Conditions or required by Lawn or Itegnlations, whichever is gmatar; 3. Include rxurrpleted operations iasraance; 4. hralude cantractuat liability insurance covering DaignBrrr~der's indemnity obligations under paragraphs 6.I 1.A.3 am16.21; 5. Contain a provision or endor~raerrt that the coverage afforded will not im canceled, amterially changed or zertewal re8rsed until at last thirty days' prior written untie has heea given to Owner and eaoh other additional insmad indicated in the Supplementary Corutttioas m whom a ~cate of ices been isarred (and the oardticata of insurance fimniehed by the Design/Builder pursuant to paragraph 5.03 will so provide); 6. Remain is effect at lest tmttl Snal payment and et aU flute thereaRec when Desiga/Bw'W~ may be rmrreating, removLrg or rephtaing defatlve Construction in eccordeaca with pazagraphs 12.06 and 12.07; sad 7. with respeuf to completed operations insurance, and say other insurance coverage written oa a alarms-made basis, remain in effect for at least two yarn after 5ael payment (and DesigQlBuilder shall furnish Owner and each other additi~al insured indir~ted in the Supplementary Conditions to whom a cerdfrcate of has been issumt avid~ce atisfactory to Owner and any such additional insured of oorrtimmtioo of such fnsrrrence at final payment and orm year tt). 5.05 Owner's LiabWty 1[osaranee - '' ': __ '"r`~-.~- • 6. Claims for damage bemuse of bodily injury A. In addition to the insurance required to ba provided or loth of say person or property damage arising out of by Deslgo/Builder under paragraph 5.04. Owner, at Owasr's the ownership, maintenance or use of any motor vehicle. option, may purchase artd maintain at Owne:'s expense _ „a,,, .. • ~ ~tcnc a~tro Branders c~mar Conditions of rite Conh~ast set~tn awnur ~a u~nrBasaes ~ ,.. ~ -':~ ~ Copgrrgbt~~ Dlodoasl Soctely of Frofe9sloael t~aeere for l~ ICDG An rlgMs r~strvcd. ='`° ~r . _ 4 8 _ u • Owner's own liability insutarrca ere wip protect Qwner against claims which may arise flrom operations under the Contrail Docrrtrrents. 5.06 Proporty Insuraac$ a Unle~ otherwise provided in the Supplementary conditions, o9vner shau purchase and maintain property insurance upon the Constraction at the Site in the amount of the full replacement ccet thereof (subject to such deductible amounts as may be provided in the Sapplementary Conditions or required by Laws or Regulations). This insaraace will: 1. Include the inters of Ownez; Owner's Consultant, DesignJBuilder, Subcont~adors, and any other iadividrmis or entities indiceted in the Supplementary Conditions, eruct the officers, dic~ors, partners, employees, agents, ate other cronsultarrts and suboontrailora of each and any ofthem, esoh ofwhom i$ deed to have an inenrable interest and shall 1>e listed as an iasured or additional insured; Z. 138 written on a l3nilder's Risk "all~isk° or open peril or special of loss policy form that sha11 at lest include insurance for physical Ices said damage to the Construction, tenrporaq- buildings, faI~work and all materials and equipment in transit, era shall iceure against at least the following perils or ceases of ices: &e, lightning, extended cmrerage, theft, vandalism amt malicious mischief; earthquake, aollapsey debris removal, derrmlltion occasions by enforcement of Laws or Regulations, water damage, end such other perils or causes of loss as may be speciifcally required by the SupplerneMary Conditiaar~ 3. Include expenses inctnt~ed in the repair or replacement of aol+ insured property (including but not limited to fides mid charges of engineers and architects 4. Cover materials end equipment stared at the Site or at another locetion that was agreed to in writing by Owner prior to being incorporated in the Construction, provided that such materials and equipment have bean included is an Application for Payment approved by Owner. • 5. Allow partial utlli~ation in aocordance with paragraph 13.06; 6. Include testing and startup; and 7. lie utaiatained in effect until feral payment is made unless otirerwise agnuxi to in writing by Owner and Design~Bullder whh thirty days' written notice ~ each othm additional insured to whom a certificate of insurance has bees issued. - B. Owner shall purchase and maintain such boiler and machinery insurance; or additional property insurance as may be required • by tins Supplementary Conditions or Laws or Regalatiotrs which wiU iaciude the interests of Owner, Owner's Consultants. Desigo/BtriWer, Subcontractors, Qnd aa~,_,__ r other Individuals or entities indisalted in the Supplementary Conditioas, each of whom is deemed to have an insurable interest sail shall be listed ~ an insured or additional insured. C. All the polities of insurance (mid the certi8cetes or other evidence thmeofl r~trhud to be purchased and maintained by Owner in ac:e with paragraph 5.08 will centaia a provision or endorsesmcet that the coverage affordal will not be cxinceled or materiaIIy changed err rural refused un61 at least 30 days' prior written aotie~ has been given to QegignlBuildar grid to each odter additional inarued to whom a certjfcate of insurance has been i and will coilain waiverprovisions Ia accordancewhh paragraph 5.07. D. Owner shall not be responsible for pmchasIng and maintaining say property insurance to protect the interests of l0~go/13ut1der, Subcontractors, Suppliers, or others in the Vliotk m the extent of any deductible amounts that are identified in fire Suppleracetaty Comlitions. 19za risk of loss within each identified deductible amotmt, will be home by Deslgn/Bttilder, Subc~ilractor or others suffering any such Iom and if arty of them wishes property insurance coverage within ~e limits of such amount, each may purchase and maintain it at the prcrcbas~s own expense. E. If 1?esigo/13mlder requests in writing that other special iasurence be included in the property insurance policies provided udder paragraph 5.06, Owner shall, if Pa~fble. include such icernance, and the ~ thereof will ba charged to DesIga/Bnilder by appro~iate Change Order. Prior to commencement of the Work at the Site. Owner shat! in writing advise Design/l3uilder whether ~ ~t such other ias<uance has been procured by Owner. 5.07 Waiver of Bights a Owr~r and DesigaBuiider mend that all polities purchased ~ acxordance with paragraph 5.06 will protect Owner, Owner's Consultant, Dasigu/Brd(der, Subc~ntrailars, Suppliers, and all other individuals or entities indicted in the Supplementary Condhloas to be licted as insureds or additional inaau+eds (and tiro officers, directors, parmers, emp[oyees, agents, and other consultants and subcontractors of each and any of them) in suoh policies and wItl provide primary coverage for aEl losses soil datnag~ by the perils or ceases of loss covered thereby. All such policies shall wntain provisions to the effect that in the event of payment of any Ion or damage the insurers w111 have no rights of recovery against say of the insureds or additional it~rrreds thereunder. Owner dad Desiga/Builder waive all rights against each other arts their respective o~caus, dlreceors,.- 1~~. ~PIoJ-~. agents. and other consultants and subcontrailors of each and airy of them for a!1 losses and damages caused by, arising out of or r~nlting 8rom any of the perils or catrse9 of toes covered by such polYoIes and aoyr other property insurance applicable to fire Worlq and, in addition, . a* ;~ EdCI~C ~700'$ord (ieaere! Caadl"ltonsartire Contras Between Owner sad Dedar ~''~~'~~ ¢._ Copyrtg§l,"®E0~`E'Nattoanl~4ccitty olPrafea~cnal Engineers rw NdCDC. An r[g6ts re8erved. ~ -y ~. 9 ~ - 0 • waive all such rights against Owner's Consultant, Subcontractors. Suppliers, and all other individuals or entities inditaated in the Supplementary Conditions to be listed es insureds or additional iasuc~s user such`policies for (ot and damages so cau~d. None of the shave waivers shall extend to the rights that airy party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable ands any policy so issued. B. Owner waives all fights against I?esign/Bailder, 3ubc~rttractors, and Suppliers and the officers, directors, employees and agents of any of there for. 1. Loss due to bnsiaem intemtption, h~ of ace, or ocher cmnsegrtentiai low extending beyond direct Physical Ices or dattmge to Owner's property cxased by, arising out of or resulting Roam Sre or other peril whether or sot insured by Owner, and 2. Low or damage to the completed Project or any part thereof cerised by, arising octt o£ or reselling from foe or other iosnred peril or cause or low covered by ~Y pmP~Y in~uance maintainer on the comph~ed Project or part thereof by Owner during partial utilization pursuant m paragraph 13.06, after Subs~utial Completion pursuant to paragraph 13.05. or after final payment puteuettt to paragraph 13.08. C. Airy insurance policy maintained by Owner covcaiag arty ham, damage or cansegrtetrtial low referred to In paragraph 5.07.6 shall ooatain provisions bo the effect that in the event of ~yment of arty such ham„ damage; or consequential loss, the insurers wiU have na rights of recovery against Dceign/Builder, Subcontractors, Owner's Consuitaut, and the officers, directors, ~rtnms, employees, agettt~ and other consultants and subooartractons of each and any of them. 3.08 Receipt and Appllcabion of Insurance Proceeds A. A~+ insured Ion wader the policies of mace required by paragraph 5.06 will be a~jus0ed with Owner and made payable to Owner as fiduciary for the ms~ueds, as their interests ~y appear, subject to the requirements of any appliceble mortgage chaise and of paragraph 5.08.8. Owner shall dept in a separate account arty Homey ~ tecelved, and shall distnbnte it in acxordance with snob agreement as the parties in interest may reach. If no other special agreement is reached the damaged Construction shall be repatre~! or replaced, the moneys so received applied on account thereof and the Wor2t and the cost thereof covered by an appropriaba Change Order. B. Owe as fiduciary ahaL have power to adjust and settle atry loss vidth,tite insurers unless one of the parries in intets>utt shall abjeet is writing within 15 days after the mince of loss to Owners exercise of this power. If such objection be made, Owner as Hduciary shall make settlmnent with the insurers in acaordaace with each agreement es the parties io interest may reach. If no sack amt among tiro parties in interest is t~:Ited, Orovner as 13dnciery shall adjust and settle the low with the insurers and, if required in writing by any party is interest, Owner as fiduciary shall give bond for _ the proper perfarnra»ce of Bach duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Dc~igtr/Builder has air objection w the coverage afforded by or other provi~ons of the Bonds or icetuancx regrtiral to be purchased and asaintainad by the other party in aceardanoe with Article S on the basis of their sot complying with the Contract Docmnents, the objediag party shall so ~' the other party in writing within ten days after receipt of tiro oartit3cst>ce (or other evidence r~uest~ required by paragraph 2.0~4.C. Owner and DesignBuihier shall eaoh provide to the other each addltfaaal iafornmtion in respect of imstuance provided as the other may reasonably request. If either parry duce not purahase or all of the Bowls and irrsirraace required of each party by the Contract Documents, such pariy sbaD notify the other party in writing of such feihrre to purchase prior to the start of the Work, or of such lailure to maintain prior to any c3mage in the required coverage. Without prejudice to say other tight or rem~y, the offer party may elect to obtain egaivatent Bonds or instaacee to protect each other parry's interceta at the exgettse of the party who was supposed to provide such coverage, a~ a Change Order shall he i~ned to adjust the Contract Price accordingly. 5.10 Partial Udllzatlon, Acknowledgment of Property lasarance A. If Owner finds it nece~ry 'to ocxupy or use a portion or portions of ~ Work prior to Substantial Completion of all the Work as provided in paragraph 13.06, no Bush use ar occupancy shall connmeace before the insruers providing the property insurance prtrsuant>tio paragraph 5.06 have eclmawhxiged unties thereof and in waling e1 any changen in coverage nec~itated hereby. The acs providing the property insmaooe shall consent by endorsement on the policy or poliaies, but the property insurance shall sot ba canceled or permitted to htpse on account of airy suoh partial rue: or oetarpanoy. ARTICLE 6 -DESiGN/BUILDER'S 6.01 Design Prof~slonal Services A. Stmralaral of Care The standard of race for Design Professional Services performed .or fitmished..uader t6is_...~,.,..~•,.. Agreement will be the tyre and skill ordinarily used by y "~ members of the engineering prof~ion pragioittg wider slmihu conalidons at tiro time and Iwalltty. °'~" ~ ~ EJCDC I~70oA4tpndard GTeaere! Condt~ eithe Conhact Belwem tkvaer opd Dcetgn/Bngder _ . ,.:,, '~"' ,~ _ C~r,~laugtaa~nuoa~ snetety or t~re~tonat ao~rs roe a.rcnC..~r rtsnrs r~rna. ~:.- te - - • B. Prellmfiiary Design Phase. After the Contract Times commence to run, DesignlBnilder shall: 1. Consult with Owner to understand Owner's requrremearts for the Project aml review available data; 2. Advise Owner as to the necessity of Owua's providing or obtaining from others additional reports, data, or services of the typffi provided in paragraph 8.O1.A.ti.a-g and a Ow~r in obtaining such reports, ~ m' ~~- 3. Identify and analyze rexiuirements of govemmdrtal authorities having jurisdiction to approve the portions of the Projext designed orspecified by Desigo/Buildet oath whom consultation is to be tmdertaken in comrcetion with the Project; 4. Oirtaia such additional gcetechnicel and related information which it deans nerre~ry+ for perforrnaacre of the Work; 5. On the basis of the Concepinal Docwnenfs end Design/$rrilder's Propose!, Pry Pm~Y design documents cxasisting of final design criteria, prelibni~y draw~gs, outline speeifioations, and written descriptiaas of the Project; 6. Furnish the preliminary deign dots to and review than with Owner within the times indicated in the schedules described in paragraphs 2.06.A.1 sad 2.06.A.2; and 7. Identitj+ say variations in the prelImiaaty deign daamems firom the Contract Documents in accordance with~6.17.B. C. FPna! Design Phase. After writtce accepmnce by Owaar of fire preliminary design phase documarts Design/Bnilder shall: 1. Oa the baste of the accepted Prelimfoery Design Phase documents, Prepare final Drawings showing dre extent, and character of the Construction to be performed and famished by Dosign/Bnilder and Specifiratioas (which will be Pmpared, wlane appropriate, in general conformance with the sixteen divi~an format of the Cotrstauction Specifications Institute): 2. Provide tcehnical criteria. written destxiptions ahd design data r~uired for obtaining approvals of such governmeatel authorities as have jurisdiction to review or a~rov@ th$ fiaat design of the Project, and mist Owner in coasril~tiot~s with appropriate authorities; times iadioated in the schedules destm'bcxl is paragraphs 2.O6.A.1 and 2.06.A2; and 4. Identify any deviations fiom other Contract"" Docrmnents in accordance with patagtaph 6. I7.B. 6.02 Supervision and Saperlnteadence of Constractlon A. Design/BuiIder shall supervise, ink and direst the Coon coarpetemtly and efficiently, devoting such attention thereto end aPPh'~g such skills and expertise as may be necessary to provide the Cmedntct3on in accordance with the Contract Documents. Daign/Burlder shall be solely responsible for the mesas, medrods, techniques, sequeaoes and procedures of Co~truction. Desiga/Builder shall b$ responsrble ~ sce that the completed Con ruction ~romplies accorately with the Coahact Docrmaents and shall keep Owner advised as to the quaUty and progre~ of the Construotioa. B. At all times during the programs of Construction, the Desigo/Builder shall assign a competent reaIde~ superintendent thereto, who shall not ba rephrcai without written notice to Ow~r except under extraordinary circunosmnces. 7 be supe~inoendont w1U he DesigelBuildsr's repr~ntative at die Site and shall Gave authorhy to act oa behalf of Desiga/Butlder. All communications given m or received from the supmintendent shall be binding on De~go/Burlder. 6.03 Labor, Wortdng Hours A. DeslgoBuUder steal[ provide competent, suitably qualified personnel to perform the Wow as required by the Contract Docrmnents. DestigoBuilder shall at su times maintain goad discipline afar order at the Site. B. Except as otherwise requites for the or protection of persons or the Work or properly at the Site or a~jaccet thereto, and except as otherwise indicates in the Co>nsact Docruaarts„ all Coaswction at the Site shall be performed during regular woridng hours. and Desigo/BuUder will not permit averdme work or the g$rformance of Construction on Satluday, Sunday or any ~' holiday without Owner's written consent, which ari(1 not ba unreasonably withheld. 6.04 Setroices, Materials, and Egalpment A. Unless ofiserwise specis~ is the Contras Doamteats, Deeiga/9uilder shall firroish or to be fiunished and assnfne full responability for materiels, equipment, labor'. tcatrsportatton, com4oructiar egripment and machinery, ~. aPP ~, Pte. ullhk ham. bellhone, water, sanitary faciliti fadUtira, and ... _ all other faalitice and incldcetals ~ e ~-orl~. `'° 3. Famish the above documents, Drawings and B. All materials and equipment iceotpora~ci into the _ Specificetiota to and review them with Owner within the Work shall ~ of good quality and new. except es otherwise provided in the Commet Documents. Ail warranties end _ . .. _ ~..,,'; , E~lCDC Q-7808madurd Gweral CondiHoos orthe Contract tfet~v~n Owner and DatgnlSaader .~. ~~ s ~ cot+yrtgm'~ai<at~ee~t seamy orProre~Io~l t,.ogtnecrs for 6dCaC. An rrg6tq rived. :._ ~ ~ . ~• ~ - tt • • • guarantees specifcaliy celled for by the Contract Dorarments shall expressly run to the benefit of Owner. if reasonably required by Owner, I3esignlBuilder shall furnish satisfactory evidence (including reports of regtrhe~l tests) as to the source, kind, and quality of materials arul egaipment. All materials and equipment shall be applied, ins~ited, connected, erected, used, cleaned, and conditioned in accordance with instructions of the epplicnble Supplier, except as otherwise provided is the Contract Docarnents. 6.OS Fragrgss Schedule A. DesigoBuilder shall adhere to the progre~ schedule establishes in accordance with ~ragraph 2.06.A as it maybe adjusted from lions to time as provided below: 1. DesignlBuilder shalt submit to Owner for acceptance proposed adjustments in the progress schedule that will not change the Contract Times (or Milestouea}. Suoh acljustatenis will ~~orm gully to the progress schedule then in ellbct. 2. Proposed adjustments in the progre~ schedule that wiU change the Contract limes (or MilcetanES) shall be submitted is accordance with the requirements of Article 11.02. Such adjrtsmneots may only be made by a Change Order or . 6.06 Concerrdng Subcontractors, Suppliers, and Others A. DesigaBurlder shall not employ any Subcontractor, Supplier, or other individual or entity against wborr Owner may have reasonable objeatioa. DesIgn/Builder shad not be required to employ any Subtretrtractor, Supplier or otl~ imlividrral or ear to 1lrtnish or perform say of the Work against whom D~ignBuilder has r~onable objection. B. DesigniBnilde0r shall be folly responsible to Owner far all acts and omissions of the Subcantr~tors, Suppliers and other individuals or entities performing or fiunishing arty of the Work Just as DesigalBuilder is r~ronsible for D~gaBw'ldea's own acts a~ omissior~. Nothing in the Contract Documents shalt arcete for the benefit of arty such Subcontractor, Supplier, or other individual or entity any+ crentractaal relationship between Owner and arty such Subcontrcetor, Supplier, or outer individual or entity, nor shall It create any obligation on the part of Owcer to pay or m sce to the paymrent of any moneys due any such Sabmntractar, Supplier, or other iruiividual or entity mrcept as may other >x required by Laws err Regulations. C. DesignBw'Ider shall be solely reslrouarble for scheduling and coordinating Subcontractors, Suppliers and other individva~•aad. entities perforating or furoisbiag any of the Work under a direr or indirect contract with Desig~a/Bm'lder: - D. Design/Bur7der shall require all Subcontractors, Suppliers and such other individuals and entities performing or famishing any of the Work to commrmiwte with the Owner through Design/Builder. E. All Work performed for Design/Builder by a r Subcontractor or Supplier will lie pursuant to as appropriate Design Sint or Consdruction Suiregr+eement 6ets-eerr Design/Builder and the Subcontractor or Supplier which spectifically binds the Subcnatrsctor or Supplier to the applicable terms and coadidons of the Contract Documents for the benefit of Owner. Whenever say such agreement is with a Subcontractor or Supplier who is listed as as additional irtsurexl on the properiy insurance provided in pmagaiph 5.06, the amt between the D~ign/Builder and the Sub~rontractor or Supplier will contain provisions whereby the Safscontnmtor or Supplier waives all rights against Otener, Design/~n'lder, Owner's Consultant, and all other additional insrueds (and their oSceas, directors, parinars, employees, agents„ and other rltamts and subcontracbots of each and any of them) for aU losses and damages caused by any of the perils or of b~ covered by suciti policies and any otherr property in~uance applicable to the Work. If the insurers on ~Y such policies require separate waiver forms to ire signed by air Subcontractor or Supplier, Design/Builder will obtain the same. 6.07 Patent 1+'ees and Royalti+,~ A. DesigmlBrtilder shall pay all license fees and royalties and acme all costs incident to the use in the perfornrence of fire Work or the incorporation in the Work of any invention, design, Process, product or device which is the subject of patent rights or copyrights held by others. ff a pardcn[ar invention, design, prce~s, product, or device Is specified in the Concephral Documents for use m the performmoce of the Constinctfoa and if to the acdtal Imowledge of Owner its use is subject to pattmt rights or copyrights calling for the payment of any lica3nse fee err royalty to others, the existence of such rights shall be disclosed by Owner in the Coal Documents. B. To fire tirllest extent Permitted by Laws or Itegulatioms, DesignBuilder sha0 indenmify and hold harmless Owner and Owner's Co~itant, and tare officers, directors, parmma, employees or agents, and other censaltants of each and any of them from and against all claims, cam, low and damages (including but not IimIted to alI fees a~ charges of engineers, architects, attorneys and other professionals encl all cmurt or arbitration or offier dispute resolution cwsts) arising out of or r~ulthrg flaw any infringement of patent fights or copyrights incident do the u~ in the performance of fire Work or r~rldng from the incorporation in the Work of any invention, design, process., product or device sot identified in fire Conrrepmal 1?~nments. C. To the fullest aslant permitDed by Laws or ~~~ Regulations, Owner shall Indemnify and hold harmless Daign/Builder and its officers, directors, partners, employe or agents, Subcontractors and Suppliers from and agafast aU clam, costs, Ios~s and damages {including but oat lirmiLetl to •-- •- - . ' d 'gip ~TC9~0.TaQ~ean~ard Goaerat Candffloua of Hie Cond~ectBeh~n owner end beelpNBorid~ - : •=„ ~ •°"~,~, _ _ copyrtgt~ ~a8i ivaaonats~ety or rtorea~to~r am nrcuc. aa,~e,s . tx - • :7 • all face and charges of engincets, architects, attorneys and other professioaais and all court or arbihation or other dispute resolution costs) arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, proce~, product or device required by the Contactual Documents. 6 OS Permits A. Unless otherwise provides is the Contntd Documents, l7esiga/Builder shall obtain and pay for all neccesery- ptnmits, licenses, and approvals of govemmeat$1 authoridce having jtaisdicdon over the Work. Owner shall assist D~ign/i3tuld~r, when nary, in obtaining such permits, licenses and approvals. Design/Bttild~ shall pay all governmental charges and inspection face aeces~ry for the pace of die Wont, which are applicable on the last day for receipt of Propels. 17ceign/Bw'ltier shall pay ail citatgce of utility owttms for comtecttons to the Work, and Owner shall pay alt charge of such utility owttens for tmpital coats telat~ th~o. 6.09 Laws or Regatatlons A. !?ceignBvilder shell glue all notices required by and comply with all Laws or Itegulatioas appliceble to dre gerfozmance of the Work ~Pt where otherwise expre~ly regnitml by applicable Laws sad Regulations, Owner shall n~ be t~ponstble for monitoring Desigo/Buildttr's compliance with any Laws or Regulations. B. If Design/Btdlder performs any Work knowing or havi~ season to know titer it is trentrary to Laws or Regulations, DesignBut'lder shall bear all costs arising thmefirom. C. Changes is Laws or Regulations not knoxm on the date of receipt of Pcapoceis having ao et3feat on the cost or time of performance nay be the sul~jtttu of a change fin Conkaat Price or Contract Times. 6.10 Taxes A. Dceigo/Bw'Ider shall pay all tom, oonsutner, use, and other similar ~ce required to be paid by DeslgdBuilder in accordance with the Laws or Regulatiarffi of fire place of die Project which are applicable during the perforn~tce of the Work. 6.11 Use of Site and Other Areas A. Limitation on U~ of Site and Other Atces. I)esi$e-/Bullder shall confine constraction equipment, the storage of materials and etryiptnan~ and lire operations of construction workers m the Site and other areas permitted by Laws or Regulations, and shall - not uareasonebly encumber the Site and ot3tm arsms with canswction egtupmcet or other materiels err equipment. I3aigtt/Builder shat! amttme tidl rceponsIbility for nay damage to air each land or area, or to the owner or occupant dtereof or of ceY adjacent land or' areas; -' resulting from the ~rfotmance of the Work. 2. Should any alarm be made by airy itch owner or occupant 6~use of die performance of Work, Desigo/Btdlder shall promptly settle with such other ~- by negotiation or otitervt-lce resolve the claim by arbitration or other dispute t~esoltttion priming or at law. r 3. To the fullest extent permitted by Laws or R~ulations, Dceign/Bttild~ shall indenmify and hold harmless Owner, Owner's Cottsttltattts and anyone direody or indirectly employed by any of them from and against all claims, casts, low sad damages (inchrding, but not Bmleed to, fees of , architects, attortreys amt odter professionals and treutt and arbitration or other dispute rceolution costs) arising out of or resulting from any claim bmught by any each owner or occupant against Owner, or any other party indemnified hereunder to the extent ceased by or lased upon DceignBuilder's perfomtanca of the Canstrndion. B. Removes! ojDe6rPs. During the performance of the Construction, Dceign/Builder shall keep the premisce See from atlations of waste materials, rubbish, and other debris rcenlting 5~om the Construction Removal and ttispoml of such waste materials, rubbish, and other dltbrls shall conform to applicable Laws or Regulations. C. t'~eesnlag. Prior to Substantial Completion, Design/Builtler shall clean die Site and make it rcedy for uh7ization by Owner. At oompletion of Cacetrttcttom, DesignBuild~ shalt remove all foals, appllancce, won equipment, temporary construction and machinery, end ' smphrs materials and shalt restore to original oontlition aU property not dt~ignated for alteration by the Contract Doamaents. D. Lt:esdbrg Slresctesres. IJesign/Builder shall not load nor permit a~+ gart of any ehvctnre to be loaded in any mattt-er that will endanger the strttcatre, nor shall Dceige/Bailder subject air part of the Construction or adjataemt pmperiy to stresses err pressure that vvlD endanger it. 6.12 Record DactuneAis A. Dceign/Build~ shall mainmin in a safe phtce at die Site one record copy of all Drawings, SpeciBcedoce, Addenda, Mange Orders, Field 1Jrders atml Work Change Dtrcetives in good order aml annotated to show all changes made during parfonnance of fire work ~' These''r8cord~~ "'"~:.r documents together wilt all approved suhmtittals w,71 be available to Ownrr for reference. Upon completion of the Work, these retrerd documents and Submittals, including o ~,.~ ,, BdCt?C e-Tea 8mgdard CeamQt Condittoas of the CoWraet 13woer and Ihstga/tiolldcr ~,,,, . -~ - :~ ~i Copyright ~i1E jtiafto~ml 8os[ety of Profi~tam! 1'sogtntsss tar B.tC~. Au rights resen~ed. ~ ~ ` ~~~* .. - ' ~ - - L' reproducible set of record drawings, will be delivered to 6.15 Har~rd Commntdcatloa Programs Owner. 6.13 Safety and l',hrotectlon A. Desiget/Builder shall be solely reapon~'ble #br initiating, maintaining and supervising all safety ptacautio~ and programs in coauectioa with the Work. DesignBtn'ider shall take aLI neoessary precautions for tits safety- 0>7 seul shall provide the necessary protection to prevent damage, injury, ar loss to: 1. All persons on the Site ar who may be affected by the Work; 2. All Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. Other property at the Site ar adjaceat there, including tree, shrahs, lawns. walks. pavanteats, roadways, structures, ertilities and underground thcilities not designated for removal, relocation, ar replacement in the course of cx~xuction. B. DesigaBnilder shall comply with applirsble i.aws ar Regulations relating to the afety of persons or property, ar to the protection of perms or property frwn damage, injury, ar loss; sect shall erect and mainmin all ae- afegeeards for such ~fety and protection. DesignBuilder shall notify owners of ae}~aceat property and of undergraemd facilities and utility owners when prasecsrtion of the Work may affect them, and Beall cooperate whh them in the protection, removal, relocxition, and replacaneeeet of their property. C. All damage, ietjeny, or lass to any property referred to in paragraph 6.13A2 or 6.13A3 sued, directly or indirectly, in whole ar in part, by Design/Bur7der, any Subconhactor, Supplier, or eery other individual ar entity directly ar indb+eotIy employed by any of theta to perform say of the Work, ar anyarce for whale acffi aY of them may be liable, shall be rmndied by DesignlBnild~ D. Design/Builder's duties and responsibilities for safety and for protection of the cx~truotion shall coertinae uettil such time as all the Work is completed and Owner has issued a notice to Design/Build~ in accordance with paragraph 13.t18.B that the Work is acceptable (except as otherwise expressly providd in cxnnectiwt wide Subslaeetial Completion). 614 Safety 12epreanmttve A. Desig~ilder shall daigoate a qualifid and experieeeced safety representative at the Site whose deities and tasponsibilities shall be the prevention of cecidents and the maintaining and supervising of safety preceettions and Pml~• A. DesignBuilder shall b$ responsible for coordinating any exchange of material ~3' data sheets ar other hazard commeioication won rewired to be made available to ar exchanged between or among employers at the Site is a+x~rdauce with laws ar Regulations. 6.16 Lmergendes A. In emergencies aping the safely ar protection of persons ar the Work or properly at the Site ar ac~acertt thereto, Dasiga/Btrilder is obligated to act to prevcet tbreeatened damage, injury or toes. Daign/Builder shall give Owner prompt written tmdca if DesignBuilder believes that any significant changes in the Work ar vaziatians from the Contract Daaemmtts have ban catiad thereby ar are required as a resalt thereA£ if a change m rho Contract Doarmeats is required because of the action taken by Desigo/Builder is respa~e to such an emergency, a Work Change Direative ar Change Order wt~1 be issued. 6.17 3nbmltta~ A. Owner will review and approve Suhtnittals in acco with the ahednle of Submittals excepted by Ocvaer as regnlyd by paragraph 2.06A Owner's review sect approval will be only to determine if the items covered by the Snbmit~ls we'll, after installation or iacorporation in the construction, tx>~orm ~ the information giver in ~ Contract Documents and be wmpatibla with the design concept of the completed Project as a fi~tiomng whole es indicated by the Canttact Doatments. Owner's review aetd approval will eat extend to means, methods, techniques, seAnenoa, or procedures of oon~ction (except where a particular mans, method, techaigae, sequent~, ar procedure of cmnst<vatiati is specifically sect expressly oared ~ for by ~ conagct Dacurnents) or to saiieLy ~precautioce ar programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly fA which the item femdioas. B. Owner's review and approval of Submittals shall not relieve DeslgaBullder from responsibility for any variation from the regnireme~ of the Co»teact Documents unless Desiga/13ur7der has in a separate written communication at the. time of submission called Owner's attention to each such variation sect Owner has given written approval. C. Canstructian prier to Owae~s review acct approval of any required Sbbmittal will be et the sole risk of De~go/Bus~der. . __ o _. ... ~ ..,,,,..,~~._ 6.18 Coni9nning fire Work A. DesigNBnilder steal[ continue the Work and adhere to the program sehduh3 during all disputes ar ' with Owner. 1Jo Work shall be delayed ar postponed pend'mg - °$' s ~ EdCDC D-7atbStgAdnrd Cenm~al Condetons of the Contract nrhveer- Owa~ end Dm3gn/B~der _ _ : °m~~- ,r,• . Copyr~ht~UZ•Jtfatiaaai 9oelety orl'roit~sioml t3nglatets for EJCDC AU tights t .. 14 ~ - resolution of any disputes or disagra~nents, except as D~gn/Bui lder and Owner may othesrwIse agree in writing. 6.19 Post-Co~tracdton Phase A. Design!$uilder shall: 1. Provide assistance in connection with the startup, testing, refining aml adjusting of any equipment or system. 2. Assist Owner in training staff to operate and maintain the Work. 3. Asslst Owner in developing systems and procedures for control of ~e operation and tnaiater~nce of and record keeping for die Work. 6.20 Daign/BBfider's Gouerel Warranty and Guarantee A. DesignBuildat warrants and gumantea to Owner that all Construction will be in accordance with the Contract Docnmems and will not be defective. DesignBuikter's warranty and guarantee heretmder exchrdes defects or damage br• 1. Abuse, modification or improper mairtenance . • m operation by perts~s other rhea 12esigtt/Bw'lder, Sabcontsactors, or Serppliers or any other individual for whom D~igaBuilder is rrrsponsrble; or 2. Normal wear and tear under norntal usage. B. l~ign/Buildefs obligation to perform and complete the Work La accordance with the Contract Docum~rts shall be ab~lute. None of the following will constitute an acceptance of Work that is not is accordance with the Contract Docum~ or a release of D~ign/Brrilder's obligation to Perform the Work in accordance widr the Contract Documents: 1. Observations by Owner, ~; 2. The making of arty prograsa or final Payment; 3. The issuanec of a exrtifi~te of Substantial Completion; 4. Use or ascttpancy of the Work or arty part thereofby Owner, S. Any acceptance by Owner or any failure to do _ ;;.~ 6. A~ review and approval of a 3ubtnittat; _ 7. Any inspection, test or approval by others; or 8. Any correction of defective Construction by Owner. 6.Z1 Iademni>~atloa A. To tree fullest extent permitted by Laws or Regulations, l3esign/Builder shall indemnii~ end hold haemless Owner, Owner's Cansulffints, aml the oflxe~rs, directors, partners, employees, agents, other consultants and sabcontraoDOrs of each from and agaiffit ail claims, costs, low, and darnage;ss (including but not limited to all fiat end charger of engineers, architects, attorneys and other professionals and alI court or arbitration or other dispute r~ohttion cxasts) arising out of or resuldng from the perforntanere of Constnrdion, provides that arty such claim, oast, low, or damage is attrfirutable to bodily injury, sicdeaess, disuse, or death, or to injury to or de~truclion of tangible Property (other than the Work itself), including the low of use restating therefrom) but only to the extant e~trsed by any negligent act or omiaslon of Daign/Builder, any Subara~actor, any Supplier, ar any individual or entity directly or indirectly employed by any of them to perform or flrnrish any of the Work. B. In atry and au claims agate Ow~r, Owner's Consultant or any of dreir respective consultants, agents, officers, due~tora, pertaers or employees by arty employee (or the stuviven or personal repr~eatative of such employee) of D~illrtBuiider, any Sob~nhar~or, auY ~-FPlier, any individual or entity directly en Indirectly employed by any of them to perform euy of the Work or anyone for whose sots etry of them may be liable, the indemndication obligation under paragraph 62I.A shall not be Limited in any way by any limitatimr on the amount or type of d~rages, compensation or beneSts payable try or for Design/Builder or arty such Sabconttactaa~, Supplier, or other individual out entity under workers' compensation seas, disability benefit acts or other employee benefit acts. C. The iademnifeation obligations of Design/Builder ender paragraph 621 A shall not extend to the liability of Owner's Consultant, and their officers, directors, pml~ners, employees, ag~ts, other consulamts, and sabconhactors arising out of fire Preparation or approval of cps, drawings, o~ilaioas, reports, surveys, designs, or specificctioas. ARTICLE 7 --OTHER CONSTRUCTION 7.0] Related Work at Site A. Owner may perform other Work related to the Project at the Site by Owner's employees, oz let~other direct- ..~~~.~ contracts therefor, or have odrer work perforated by utilityr . owners. If Bch other work 18 not not~l in the Contract Documents, then: "~"rd ~ EICDC D-7Dd;itemlar~l General Condtttnmr oilhe Contract Between fHvner and D~igo/@ngder . 'r°. "' .~.> Cegyi3ght~Zb>1Z~1~atlonol 3odaty arltraifesstooal Engloee~s for EJCDC. AD rights reserv~. :.: r ~~, tS 1. Written notice thereof will be giv~l to Design/Builder prior to starting any such oilier work; and 2. DesignlBailder rrniy make a Claim therefor as provided hl Article 9 if De~ga/Bw'lder belisva that each performance will involve additional expense to Design/BuiIder or requires addfttonal time and the purlieu are naable to agree es to the amount or extent therea£ B. DesigaBuilder shall affonol each other contractor who is a pasty m such a direct contract and each utility owner (and Owner, if Owner is gerformiag the additional work whls Owner's employe) proper and ~fe acx~ to the Site and a reasonable opportunity for the introduction and storage of materials sail equipment and the $xecaltion of snob other work and shall property t:oaaect and coordinate the Work with theirs. Unless otherwise provided in the Contract DotaaaentS, Design4iur~der shag do all tatiting, fitting, and patching of the Work that may be required to make ii8 several parrs come together prtoperty 8tui integrate with such Other work. Design/Bnlider Shall AOt endanger eey work Of others by cutting, excavating, or otherwise altcafng their work and wiU only cut or alter their work with the written eonse~ of Owner and the others whose work wlll be affected, The duties and r~ponsibilitieS Of DesigaJBuiidea Hader this paragraph are for the benefit of sudl utility owners and other oontractorS to the • extent that there are comparable psovislons for the benefit of DesignBuilder in said dircet t:emttacte between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Desigo/Bullder's Work depends upon work performed or services provided by others under dais Article 7. DeeigotBul7der shall inspect such other work and appropriate inStrornents of service and promptly report to Owner in writing any delays, defeats or defideades is such other work or service. that reads it stcevai[a6le Or misllitable for the proper execution and results of Desigo/Bnilder's Work. D~iguiBuilder's failure ~ ro report will coastidrte as ~ of each other work as fit and proper for integlatioa with l?esigo/Bw~der's Work except for latent or noaapparent defects and deficisnci~ in each otimr work. B. Unless otherwise provided is the Supplementary Conditions, 4vvrl~ shall have sale authority and rlesp~slbility in respect of sllcls coordination. `~ ARTICLE 8 -OWNER'S &O] General A. Owner shall do the following in a Bmely manner so as cot to delay the sezs+icce of Desigtr/Builder. 1. Designate in writing a persan to act as Owners ltepr~tative with r to the Servltx~ t4 lm reralec~i under this Agreement. Such person shall have complete authority to tren~sit instruatior~s, receive information, itsterpret and define Owner's policie,&„ make dexiSior>s with rcepect to performance of the Work, and shall provide such Other services as may be agreed upon; 2. Provide Such lags! services as Owner may. require with regard to Iegai isstreS pertaining m the Project inchuling any that may im raised by Des~lgo/Buiider; 3. If r~Nesbed in writing by D~ga/Builder, famish reasonable evidence satisfactory to Desiga/Buildsr that sufficient fiords ors available and committed for the entire cost of the Project. Unl~ ~lch reasonable enridea~ is famished, DesignBal~der is not required to coa~nce or contimte ~y Work, or may, if suds evidence is not pr~ceted within a reasonable time, stop Work upon 1 S days notice t0 the Owa~; 4. .Make ~ymeats to Desiga/Builder pramptiy when they arse due as provided in paragraph 13.03 sad 13.08; 5. FSrmish the Site aS set forth in paragraph 4.O1.A; 7.0~ Coardioat[on A. If Owner intends to trontrrad with others for the performance of other work On the Projetx at the Site, the following wIQ be set forth in Supplmnentary Conditions: 1. The individual or entity who will have authority and reSponstbilily for cocrdinati~ of tie; activities among ties various prima cxtntractors will be identified; . • ;,. 2. The specific matters to be covered 6y each authority and respanstbility wtU be iterrrNred; and _ 3. The extent of such authority and re.~oasi- bilitieswill ba provided. 6. Famish to Deslga/Builder, as required for performanct: of DesigtslBuildds Services fire following all of whidt De~gn/Buitder may a~ cad rely upon in performing services under this Ag~ment: a. Eavirommebtal assent and Impact statements; b. Property, boundary, mot, right-of- wey, tapagraphic, arul utility Surveys; <. ~ . -.a:.~~~. c. Property ~ d. Zoning, dead. and other land use re- strIctioas; BJC~C D-7¢Q;St~lard General Condltb~ ort~o Contract Batwe~ O~vaer end De~dBuDdor . ^~. ~~, ~ '~ Cotit~2Qi~L1~@aml 8acrety of Profeafoaal Eagincess Cor EJCDC All rtgble removed. - ~ ~-` ~'~' l6 - - • e. Engineering surveys to establish reference points for design and constluetion which in Owners judgment are nec.~rl+ m enable D~gn/Builder m prvca:ed with the Work; f. Assistance to D~iga/Builder in BIing documents required to obtain neceswry permits, licenses, and approvals of governmental authorities having jurisdiction over the Project; 8.Ob Owner's Consultant A. Owner's Consultant. if any, has ao duties, r~ponslbilities, or authorities with respect to Desiga/1#rdlder, unless so provided is the ~PPIY Gonditions. ARTICLE 9 - CAANGES IN THE WORK; CLAiM3 g. Permits, lic~ses, and approvals of government authorities Owner Is specifirarlly required to obtain by the Contract Documents; and h. Ail suiosurface data at or contiguous to the sibs which owner may have obtained. 7. Review Submittals subject to Owner review pursuant to paragraph 6.17.A; arttl 8. Provide information known to or in the possession of Owner relating to the pr~noe of materials and substances at the Site which cmrld create a Hazardous Environmental Condition. S.OZ Insurance • A. Owner's responsibilities in res~ct of purchasing ark maintaining liability aml property insurance are set forth is Article S. 8.03 Lhnltatlons on Owner's R~ponsi6ilttles A. The Owner shall not supervise, direct, or have control or authority over, nor 6e• responsible for, Design/Builder's mesas, mdhods, techniques, sequences, or procedures of construction or the safety precaations and programs incident thereto, or for any lhilare of DesigalHuilder ro coaoply with Laws or Regulations applicable W tiro fiurniehing or performance of the Work. Owner will not be ~ for Desige/Builder's failnna to perform the Work m accordance with the Contract Documents. 8.Otl Undisclosed Hazardons Bnvironmenlal Condltlon A. Owner's reaponsibiiity is respect of amdisclosed Asbestos, PCHs, Petroleum, Hazardous Waste, or Radioactive Materials uncovered or revealed at the site is net forth in paragraph 4.04. 8A5 Resident Project Reprmontatibn A. Owner may famish a Resident Project Representative tQ, observe the performance of Coasfluction. The duties, reaponsIti(lities and limioitioms of authority of ~ such Residmrt Project Representative and assistants will be as provided in the Supplenumtary Conditions. 9.01 Aathorized Chatrges In the Work A. Without invalidating the Agreement and without notice to any ~y+, Owner stay, at any time or from time to time, order additions, deletions, or revisions in the Work within the general scope of the Contract by a Change order ar a Work Change Directive. Upon receipt of any snap document, D~iga/Brulder shall promptly proceed with the Work involved which will be performed nruier the applicable coaditioms of the Contract Documents (except as otherwise specifically pmrdded). 9.02 Unaathorized Changes in the Work A. Desigm/Hnikhsr shall not be entitled to as increase . in the Contract Prlee or an extension of the Contraot Times with respect m any Work performai that is not regriireol by the Contract Docrmrems as amended, modified and supplemented as provided in paragraph 3.04, except in the cese of an emergency as provided in paragraph 6.16 or in the c~ of uncovering Conetruotion as provided in paragreph 12.04. 9.03 Claims A. Notice. if Owmar and Design/BuiWar are nmable to agree on entitlenrerrt to, or on the amount or ex~, if ecry, of ~ adjustment In ~ Contract Prie® or as adjttstinent of the Conisact Tium~u first should be allowed as a result of any order of Owner putauant m paragraph 9.OI .A or otirer oaarrrence for which the Contract Documents provide that such adjustrnent(s) may be made, a Claim may be made therefor. Written notice of intent to make such a Claim shall be submitted bo the other party promptly sad in no event more limn lS days after the start of the ocarureace or event giving rice to the Claim B. ~ Dacumeetmton. substantiating doaumentadon shall be submitted by the claiming party within 30 days aRer delivery of the notice required by paragraph 9.03.A. C° DecisPon. The other party shall render a decision on the Claim no more than 30 days a8er the receipt of the subsantiating doermnentation required by paragraph 9.03.B. This decision will be Baal and trading un{~ the claimiag_.....~„~•.-. party gives notice of intention to exercise its rights under Article 15 within 30 days of receipt of the decision and exercises such rigb~ withal 30 days of giving the notice of lnt~rt °~-.;~ ~ ifJCDC D-70QSta~lerd•General Cand[tians attire Cmteraet Bel~vc~ Owner and Uesigat8~lder - .4 ° f:otFyri~hf ®1Q~.3eatMnal Society otProt~slonat Engineers for BdCDC. AA rigdfa re~nred. `~ ` _~'~" ° 17 - - D. Tt~sre Ltnt31 Extension. The time limits of paragraphs 9.03.B and 9.03.C may be extended by mutual agreemenk 9.04 Execution of Change Orders ` A. Owner and Desiga/Builder shall execute appropriate Change Orders covering: 1. Changes In the Work which are (i) order~l by Oeneer pursuant to paragraph 9.01, (ii) requlr~ beo3uce of acceptance of defective Construction under paragraph 12.08 or Owaet's correction of defective Work un~ paragraph 12.09 or (iii) agreed to by the psrtice; and 2. • Changce in the Contract Price or Contrast Tirraus which are agr~i to by the parties, including airy undisputed sum or am~at of time for Work actually gerformed in accordance with a Work Change Directive. 9.05 Notice to Snretice A. If notice of any chaago affecting the general mope of tiro Wank or the proviaioru3 of the Contract Daarmnan~ (icehiding, but not limited ta, Contract Price or Conduct Times) is required by the provisians of any Bond to lna given to a surety, the givhtg of auy such notice will be • DesigalBuilder's responsibility. The amomrt of each applicable Bond will be adjusted to i+ofleat the effect of ~ each change. ARTICLE 10 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 10.01 Cost of the Work A. frosts ladetded The term Cost of the Work ntcens the sum of ail costs necescerlly incurred and paid by D~igo/Buikler in the proper performance of the Work. Whey the value of Work covered by a Change Order or when e Claim for an ac~ustment in Contrast Rice ie detem~! oa the basis of Ccet of the Work, rho costa to be reimbursEd to J~ign/Builder will be caly those additional or incremental scets required because of the change of the Work or of the ovont giving rise to the Claim. Exrxpt as otherwise r-my be agreed to fa writing by owner, each costs shall be in amounts no higher than these prevar'ling in the locality of the Project, sha[l include only the following items, and shall not include arty of the ccets itemized in paragraph 10.O1.B: 1. Payroll costs for employees in the direct employ of D~ign/BulWor in rho performance of the Work.uade~,sch~nles of job classiflcetioce agreed npan by Owner arni Desigo/Bui7der. a. Such employees shall include without limitadoa superintendents, foremen, and other personnel employed full time at dre Site. Payroll costs for employes not employed Bill lima ~on the Work shall be apgartio~ on the basis of their time spent on dte Work. Payroll costa shall include, but not be limited to. Aeries and wages plus the cost of fiinge benefits which shall include social security cotrtirlbutions, unemployment, e:tclse anal payroll des, workers' compensation, health and retirement benefits, bomrses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work alter regular working hours, on satnrday, Sunday or lepl holidays, shall be included in the above t4 the went authorised by owner. b. Such employces shall also include eagiae~s, ~gineering technicians, architects, and others providing Design Frof~ional Sorvic~. For purposes of this paragraph 10.01.A.1, Desiga/Builder shall bo em~itled to payment for such employees an amount equal to Mary ousts lance a fhctor, both as dasigru~ in the Agreement, for all servtca performed or famished by such employou; engaged on the Frajeak 2. Cost of all materials and ~aipment furnished and incotgotated in the Work, inchuding ces~ of transpormtion and storage them sad Suppliers' field cervices required in ot}nnertion therewith. All cash disra~ shall accaae m Design/Builder rmle~ Owner deposit fiords with D~igra/Builder with which to make payments, in which sass the cash discounts shall accrue ~ All trade discotmfs, rebates and reflirtds sad rdums from sale of surplus materials and equipment shag accrue to Owner, and Design/Buiider shall make provisions so drat they may ba abtaiaed. 3. Payments made by Desigo/Builder to Subcontractors (excluding paymenffi f3or Design Professional Services piusr~nt to paragraph ]0.O1.A.4) far Work performed or flrrniehed by Subcontraactn:. If say snbcamdact provides that the Sntnroatccetor is to be paid on the basis of Cost of the Work plus a fee, rho Si~COntractofs Cost of the Work and feu shall be determined in fire same maacer as Design/Builde~s Cost of the Work aml fce. 4. Payments made by Desiga/Bin'ldecfcr Design Profe~io~l Services provided or fiirriished undue a Design Subagreonienk S. Coate of spersial consaltaats (including but cot limited to testing htboratories, surveyot@, at~omeys, smi_._ ..~.~ acxauntaata) employed for servirres specifically related to the Work. 6. Supplemental ccets i~hidmg the following itemms: ~ . _.. _ °~" ~ .~ ItJCDC I?- Ganerat Come of lire Contract Beia+ecn O~vnar and D~e/Dattde: -~. '" ,,~ „ Coityrlgdt ~~l~tiaan~ $oaety orth+ef~sia8 Eagtaeers for rtJCt~ an rtgLts rte. ...._ ` ~~° . . L~ a. The proportion of neceaaq+ transporta- tion, travel and sabsis~nce expenses of Design/Buikle~s employees iacnt`red ut discharge of duties connceted with the Work. b. Cost, including ttansportat3on and maintenance, of all materials, supplies, egaipment, machinery, appliances, ofince and temporary flardlitia at the Site and hand tools not owned by the workers, which are consumed in the performance of the Mork, and ~, less market vahrei, of such items used but not consurned which remain the property of Design/Builder. c. Rentals of all can$truction or engineering egrsipmem and machinery aml the parts thereof whether rented from Desigo/Bullder or others in accordance with rental agreerrtetrts approved by Owner, and the costs of tra~pormtion, loading, unloading, Installation, dismantling and removal thercef: All each ~ shall be in aa~rdance with the terms of aid rarttal agreements. The rental of any such equipment, machinery or parts shall cease when the t~ thereof is ao longar necemary for the Waskk. d. Sala, consumer, nro„ and other similar taxes related to tine Work, oral for which Desigo/BuiIder is liable, unposed by Laws or Regulations. e. Deposits lost for eases other than negligetx~ of Dai®n/Builder, air Subcontractor or a~rorre directly or indirectly employed by any of them or for whoa acts any of them may be liable, and royalty payments and fees for permits and lip. f: Losses, daurages, and teh~ wtpensa caused by damage to the Work not comapenroted by instuantsj or atherwlse, sustained by DesignBtrilder in connection with the famishing and perfotnnanca; of the Work provided they have resulted ftom Danes other than the negligence of De~gnBw7r~r, any. Subcontractor, or anyone directly or indirectly employed by say of them or for whose ads any of them may be liable. Such low shall include seWaments made with the written consent and approval of Owner. Mo each [Dees, damage, acct expense shall Ira included in the Coct of the Work fortite purpose of d~ DesignBuilder's fen. g. The cost of utilities, fuel, and sanitary fecilitie~~at the Site. h. Minor expenses such as telegrams, long distance telephone calls. telephone service at tine Site, expressage, and similar petty Dash items in connection with the Work. i. Cost of prernimns for all Bonds and insurance Daign/Builder is required by the Contract Documents W purchase and rrtairttairt. `~ B. Costs Excluded The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other oompensation of Design/Buitder's officers, eucecutiroa, principals (of PIS and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and oontracting ageed, expediters, timak~pars, clerks and otirer personnel employed by Deslga/Builder whether at the Site or in D~gn/Buildar+s principal or a branch office for general adminishation of the Work and not sperafccally included In the agreed ttpon schedule of job chtssifications referred to in paragraph 10.0I.A. 1, all of which are to be considered administrative cats covered by the Dalga/Buiklea's ~. 2. F.xpensa of DesigoBuiklet's principal and breach offices other titan DaignlBw7der's office at the Site. 3. Any part of Daigu/Buildar's ceP~ expense, brcludmg i an Dalgn/Builder's capi~l employed for the Work and charge agaiact DesignBuilder for delinquent payments a. C~ tine to the negligence of Daign/Builder, any Subcontractor, or anyone directly or indirectly employed by an3- of them or for whose acts arty of liana may im liable, iachrding but not limited to the corredaion of defective Work, diepaaal of materials or equipment wrongly supplied, and making goad am- damage m property. 5. Other ovarhead or general expmr'se cats of airy kind and the casts of airy item not speclScally and expremly inchtded in garagrapb 10.O1.A. C. Da/gn/Butlder's Few When all the Work is performed on the basis of t~plns, Daign/Bnilder's fee shall be a set forth in the Agreement When tits vahte of the Work cavared by a Change Ordar is determined oa ffie bads of Cost of the Work, DesignBuilder's fee shall 6a deternodned as set forth in ptagtaph 11.O1.C. D. Dacumeatattorr. Whenever the cost of any Work is to be determined pursuant iti paragraph 10.01A and ]O.OI.B, Desigo/Builder wID establish and maintain records thereof is accordance with geaaraIIy accepted accaua~g lmi'acttces and._..~.. submit in a form acceptable to Owner as itemized cost breakdown together wltir sup~rdng data. •:~ ~ EJCDC D-70Q.St~t]ard General Candittana orttw CaatraM tlnlween Owner and D~tgn/sutlder .:.. L ~ ~ „ Copyitght'~OL1~a1 Sosletp ei ProfeBBtnnal Engiamns for E.ICDC. All rights 1. ~: 19 ~ - 10.02 Cash Allowances A. The Contr~t Price itwIude.s all eilowaatuu: ~ named in the Contract Documents. Desiga/Baildar shall cause ~e Work so covered ro be perform for such sums as may be acceptable ro Owner. DesigalBuildar agrees that: 1. The allowances inehuie the test ro DesignBuiIder (lei any applicable leads discounts) of materials and equipment requ~I by the allowances ro 6e delivered at the Site, and all applicable texas; and 2. Except as set forth is the Contract Documents, Des3goiBuilder's costs for unloading and handling on the Site, labor, insmllation overhead. profit, and other expenses contemplated for the allowances Gave peen included in the Contrast Price and not in the allowances, and ao demand for additional payment on account of say of die foregoing will be valid. 9. Prior ro final payment, an appropriate Change Order will be i~red ro reflect actual amounts due D~igm/Bailder on account of Work covered by allowances, and the Contract Price sfrau be correspondingly ac~trsted. 10.03 Unlt Prices A. Wlmre rim Conasta Documents pmvIde that eii ar part of the Wark is ro be Unit Price Work, initially the Contract Price will be deemed ro include for all of Unit Price Work as amount egr>al ro the sum of the established writ prices for each separately identified item of Unit Prise Work times the esthmated quantity of soh item as indicated in the Agreement The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purse of comparison of Bids and determining an initial Contract Prig. Deternimations of the acdtel quantities and classlfic~tioms of Unit Price Wark performed by DesignBuilder will be made by Owner. B. Each amt price will be deemed ro include as amount r~nsider~i try Design/Builder ro be adequate ro cover Design/Builder's overhand and profit for each separately identified item. C. DesignlBuilder or Owner may make a Claim foram adjustment fn the Contract Prise in asxardaace with Ardcle 9 if: ]. the gaaatity of nay item of Unit Frice Work performed by Desgn/Builder differs autteriatly aril slgnificently Ilona the cetimated quantity of each item indit~ted in the Contract Documents; ~.~ 2. there ~ ~ ao corresponding adjnstrce~ with ro airy other item of Work; and additional expense or Owner believes it is entitled ro a decrease fin Contract Price and the parties are enable ro agree as ro the amount of a~+ such increase ar decrease. ARTICLE Il - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT T1ME5 l I.OI Change of Contract Frlee A. The Contrast Price may only be changed by a Change Order. Aa)+ Claim for as adjustment in the Contrast Price shall be bored on wt3ttea notice deHver~l try the party making the Claim ro the other party promptly is arxordemce with paragraph 9.03.A. B. The vahm of any Work covered by a Change Order ar of nay Claim for as adjustment is the Contract Price will be detemnined as follows: 1. Where the Work involved is covered try unit prig containwi is the Contract Dceuments, by applicetioa of each wait prices ro the quantfties of the items involved (subject ro tl~ provisioar of paragraph 10.03 ar 2. Where ~e Work imrolverl is cat covea~ by rmit prices contaiaetl is tiffi Comrast Doamaeats, by a mutually agreed lump swn (which may include as agowaace for overhead and profit cot neoes~rily m accordance with paragraph 11.O1.C2); or 3. Where the Work involved is cot coveral by unit prime cantatned in the Contras DooomaeNs cad agreement ro a lump cum is Trot reach~l under paragraph 11.OI.B.2, on the basis of the Cart of the Work (determined as p~navid~ in paragraph 10.01) plus a D~igc/Btdlder's Fee for overhand and profit {determinexl as provided in paragraph 11.OI.C). C. DesigmtBuilder's Fee+ The Desigu/Builder's fee for overhead and pn~fit on Change Orders shall be determined as follows: 1. A mutually acceptable fixed fee; or 2. if a fated fee is net agreed upon, then a fee based on the following peacetrteges of the vedons portions oftIw Cart ofdre Work: a. For costs inaurr~ under paragraphs IO.O1.A.l.a ~ 10.01.A2, tine Design/Bnilder's fee shall be IS perceaf; _ 3. DesigntBuilder believes first it is antitlwi to an increase in Contract Pdce as a rceult of having incwred ~~ ,~ l£dCDC D-~b Sraedard QJ CaadlHous of rho Contract Bin and De~JBoBd~ . ~,• ~ _ ~PY-'~tt~ ®Z9ihllWattonal Soctoty of Profeffioml ttn~nears for ElCDC. All rl~hta reazreed. :.: ` ._~'asr . _ 4 .~ 1A a .7 e b. For costa iacurrml wader paragraph 10.O1.A3 10.O1.A.4, 10.O1.A.5 and J 0.01.A.6, the Design/Buildor's fee shall be five percent; c. Where one or more tiers of subcontracts are on the basis of Cost of the Wark plus a fee and no fixed fee is agreed upon, the intent of paragraphs I i.Ol.C.I and 11.O1.G2.a is that the Subconhacoor who actually perfonma or furnishes Work, at whatever tier, will ~ paid a fee of 1 S percent of the costs incurred by such Subcontractor wader pare graphs IO.O1.A.1 and 10.01A.2 and that any higher tier Suftr~nttactor end DesignButlder wilt each be paid a fee of Sve percent of the amour paid to the next lower t1el SIrbCOIItraCtOr~ d. The amount of credit to be allowed by Design/Builder to Oemer for any change which results in a n®t dose in cost w~71 be the amowrt of the actual net decrease in cost pins a deduction in Design/Builder's f~ by an amount equal to five percent of such net decrease; and e. When both additions and are involved is any one cTmnge, the adjustment in De~gaJBnIlder's fes shall be computed on the basis of the net change in accordance with paragraphs l 1.OI .C.2.a through 11.O1.C2.d, inclusive. 1 L02 Change of Contrail Times A The Conhact Times (ar Mr~estonm) may only Ise changed by a Change Order: Any Claim for an ac~trslu~at of the Comract Times (ar Milestones) shall be based on written notice pursuant to paragraph 9.03.A. B. Delays Beyond DesJgnBu~'Jder's CorttroJ. Where DesigolBuihier is prevented from completing say part of the Work within the Contract Tis (ar Milestones) ilea to delay beyond the control of Dmlgo/Bnilder, the Coataact Times (ar Milestones) wrU be witended in ao amount equal to the time lost due to such delay if a Claim i$ made therefor as provided in paragraph 11.OZ.N. Delays beyond the control of Design/Bailder ahaU include, but not be limited to, acts ar neglect by Owner. goverunnental agencies, acts or neglect of tmlity owners ar other contractors perfarnsing other construction work ~ contemplated by Article 7. fire, floods, epidemics, abnormal weather conditions, ar eats of Clod. C. If Owner ar other contractor ar utility owners penfmming othar work for Owner as contemplated by Article 7, ar anyone for whom Owner is respom4ible, delays, dim, ar interferes with fire pe~rforrnams3 or progre~ of the Work, thou ]>~igJs/Builder shall be eatiNed to as equitable adjustment in the C'o~ract Pried ar the Contract Torres, or both. Desigo/Bur~dor's entitlement.to an adjssrtmatt of the 0ontrad Tunes is condidonal on sneh adjustment being ess~tial to DesignBuihia's ability to complete the Work within the Co~ract Times. D. If DesigalBuilder is delayed in the performance ar Progress of the Wark by Sre, flood, epidemic, abnormal weather conditions, sets of Plod, acts or failarea to' act ol'""'" atility owm rs not under the c~trol of , or other causes not the fault of and beyond control of Owner and Design/Bm'Ider, then Desiga/Bw'tder shall ba entitled to ao equitable adjustment in Contract Times, if such adjusanent is ntial to Desagn/13uild~'s ability to complete the Work within the Contract Times. Such an adjustment sbaU be DesigdBuilder's role and exclusive remedy for the delays des~'bed in this Paragraph 11.02.0. B. Owr~ and Owner's Consnltaat shall nar be liable t0 Desigo/Bnlhler for any Claims, costs, low, ar damages (inchuling but not limited to all fees sail charge of engineers, architects, atiomays, and other prof~lonals and all court ar arbitration or other dispate rrnohstion costs) snetained . by Design/Builder on or in connection with any other project ar aatici~ project. F. Desig~n/Brdlder sImll not be entitled to aa- adjuamnent in Carrtrard 1'rit~ or Contract Timms for delays within the control of Desiga/Brrilder. Delays at~lbutable to and within the control of a Subcontr~tor or Supplier shall be deemed to bedelayswithinthecontrol of Desiga/Bailder. ARTICLE 12 -TESTS AND IIVSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DItFECTIVE CONSTRIICTION 12.01 Notke of Defetis A. Owner shall give Desiga/Builder prompt written notice of all defective Construction of which Owner has actual knowledge. All defective Construction may be rejeat~, rmrr+ecLed or accepted as provided in this A:ticle 12. 12.OZ Accros to Comgtradlon A Qwner, Owrsm's ConsuItao~, other repre~atativ~ and peel of Owner, independent tenting laboratories and governmerstal agencies with juriwllctioaal interests wr71 have accem ~ the Site and the Conshucdon et reasonable times for their observation, inspecting, and testing. Desigo/Bnilder shall provide them proper and es£e conditions for such acc and advise them of Design/Bsrihletas Site safety p and programs so that they may comply ther+ewlth as .applicable. 12.03 Tests and Iasp~ons A. if die Contract Duets or Lava ar Regulaticros~ ~ .'~= °. p of arty public body having jarlscliction require any part of the Construction speelficalty to lm inspected, tested or approved. ' Desiga/Builder shall essence full responsibility for arranging end obtahniag each inspections, tests or approvals, pay all .,. _ _ ~..,~~ ~ ~Lvc n-78,o,~enaa~a cenerer conarrtoas •r me csm~t owue~ ana o~rsnrsona~ _.. ~._ Cot,grtgGt l~oael ' of Pror~uoar mgtnam~ Aor E TCal:. Nt rlgLfe rte. - ~ -'' ~- . _ zr - - • • costs in connection therewith. and famish Owner the required r~rtific of inspection or approval. Design/ Builds shell also ~ respoaslble for arnaeging and ob~ining and shall pay all costs in oonaeciion with any inspections; tests, or approvals required for Owner's acxeptance of materials or egttipm~t to be incorporated in the Work or of materiels, mot designs, or equipment subrnitterl for approval prior to ]Jegiga/Bullder's purchase thereof for iteration is the Worlr. B. DesignBuilder shall give Owner reesonable notice of the planned schedule for all required inspections, tests, or approvals. 12.OS Owner May Stop Constrvction A. If ~onstrndion is defective, or Desigo/Brrilder fails to supply sufficient skilled corkers or suitable materials of"'- " equipment, or fails to furnish or perform Construction is such away that the completed Construction wr'il conform to the Contract Doanneats, Qwner may order Deniga/Bariider to stop Coffitrnction or nary portion thereof, wall the cmrse for such order has been eliminated; however, this right of Owner to stop Construction wiU not give rise to any duty on the part of Owner to earnvseise this right for tine benefit of DesigalBw'lder or say other party. C. If arty Construction (or the construction work of 1106 Corredlon or Removal of Defectlvo Consbru~1on others) that is required to be insp~tetl, tested, or approved Is covered by 1?esign/Bart~der without wri[t~ ooncurnence of Owner, n must, if regn~t~ by Owae>• be nn~vered for observation at DesigaBoilder"s exper>$e unlea9 Design/ BuUder has given Owner timety notice of D~igNBuilder's intension to ever the same and Owner has not acted with raeone6le promptn~ in response bo such notice. 12.Q4 Uncoverlug Conslrnctlon A. if any Construction is coves contrary to the written request of Owners it must, If requested by Owner, ~ uncovered fm Owner's obsarrretion and recovered at Dasign/Builde~s expense. B. If Owner considers it neces~uy or edvi~ble that rmvered Cw~trnction be observed by Owner ar inspected or tested lay OtIleIB, DeSlgolBulldei, at Owner's regtre~ shall uncover, expose or otherwl~ make available for observation, inspection or testing as Owa~ may require, chat portion of the Construction is que~tioa, fiunishing all neceaseryr labor, material and egaipawnt. If ft is found that sash Construction is defective, D~igdBuilder shall pay all ~ and denmg~ c~rrsed by or rwaltirrg from such untirovering, exp~ue, observation, laspection amt testing and of ~tisfaaouy ~kat or reconstruction, (arcluding but not (Invited to alt fps and charges of engin~rs, architects, attorneys and other prof~ionals, all court or arbitration ar other dispute resa[utioa costs, and aU costs of repair or replacement of work of others end Owner shall be entitled to 8o appropriate d~rease in tits Contact Price, and, If the parties are waable to agree as to dre amount thereof, Owner may make a Claim therefor ~ provided hn Article 9. I$ however, such Construction is not famrd to be def~tive, Design/Builder shall be allowed an lnorease in the Contract Prime or an eertension of the Contract Trmes {or Milatanaj, or both, directly attribumble to sack uncovering, exposure, observation, inspection, testing, replacement and recanstrvetion. If the parties are viable to ae to the amount or extent thereof, 1?asign/Bullder ~}ay make a CIabn therefor aq provided la Article 9. ' A. Owner will have anthorhy to di~gprove or reject defective Co~rucdion and wip have authority to require apecial inspection or testing of the Construction whether or mot the Constntctioa is fabricated, ins~slled or completed, if required by Owner. Dreign/Bur7der shall promptly, as directed, either correct all defective Construction, whether or not fabricated, installed or ~mpleted, oe, if the Construction bas been rejert~ by Owner, remav+e it from the Site and replace it with non-defective Construction. Design/Bnr7der shall bear ell direct, indirect, and cuentia! tests of such correction or removal (mctnding but not limited to fees sad charge of engineers, archit~ta, attorneys and other profe~ionals and all court; arbltratioa, or other dispute rerolul,ian tests) arising out of or relating to such correction or removal. iZ.07 Correction Period A. Tf wlthiu one year after din date of Substantial Completion of the Mire Work or each laag~ period of time as may ba prescrr'bed by Laws or Reguladons or by the terms of eny+ apptic~able special guarantee required by the Cantrsat Dom or by arty specific proviaian of the Contract Dac~en~, aay Constriction se fioDad to be de>hCtive, DeslgNBuilder shall Pr~PtiY. without ~ to owner and is accordance with Owner's written instructions. (i) canuct such defective Coartruetion, or, if h has bean rejec~tl by Owae~, remove it from file Site and replace it with Construction that is not defective, and (ii) satislhctorily correct 'or remove and replat~ say derr~ge to other Construcdon or the work of other: resul~rg th$refrom. If DesigoBur~der does not 1~ml~Y ~plY with the tarnas of such instructors, or in an emerg~.y where delay would cause serious risk of loss or damage, Owner nray have ~e defective Construction corrected or the rejecter Construction rernovad end replaced, and all costa, low, and damage caused by or resnldng Sour such remove[ end replacement (including Ent not limited to all fees and charges of engineers, atchitects, attorneys and other profe~fonals, all court or, arbipa3tion or othm ,dispute ,,., resolution ~, and all cosh of repair or replacement of work ~ ~- '° of others) will be mid by Design/Bw'lder. B. In speeiel where a particular item of ~tripment is plac~cl in continuous service before Substantial ~.. zRrcuc Q-yoo,~~na~ra ceo~r conareoos or rte cona~t ao~o ovaer oad nedw _ ,~,.,. ~ CopgrtgHf ®Ze~.Illnflanat Soctetq oP Profes~o~ Eels far EJCDG All rtgh~ re~vorl. ~ ~ ` r o~ ~ • • • Completion of all the Work, the correction period for that item may start to run from ce cerlier date if so provided in the Conceptual Documents. G Where defective Construction {and damage to other Comstrucdon resulting draefrom) has been corrected, rived or replaced under this paragraph 12.07, the correction period hereunder with rat to such Construction will be exi~eaded for an additional period of one year after each concetion or removal and replacement has been satisfactorily cemplete~l. 12.48 A~ptanoe of Defeetive Coastractlon A. If, instead of requiring correction or removal sect replacement of defective Consttuctioa, Owner prefers to acxept it, Owner may do so. DesigaBuilder shall pay all losses,•aad damages (mchuling brrt rmt limited to all fees and charges of engineers, archi~ts, attorneys amd other prof~iorrala and all court or arbitration or other dispute r~hrdon cents) attributable to Owner's evahration of and motion to accept such defective Constraction. If arty such a~ eras prior ro final payment, a Change Order will be issued incxlrporadag the necessary revisioes in the Contract Documents, and Owe shall be entitled to an appropriate decrease in the Contract Price reflceting the diminished value of the Construction ro acxepted. If the parties are unable to agree as to the amount thereof Owner may make a Claim therefor as providod is Article 9. Yf the acceptance ocean after final gayntent, an appropriate amount will ~ paid by DesigolBuilder to Owner. 12.09 OKmerM'ayCorreetDejecttveCon~ruellon A. If DeslgnlBuilder fans within a reasonable tame after written notice flora Owe to correct defective Construction or to remove and rephu~ rgjected Coestruction as regrrired by Ownes in accordance with paragrapS~ 12.OS.A or 12.07A, or if Desiga/Builder fails to perform the ConsaucSon th accordance with the Contract Documents, or if DesignlBuilder fails m comply with any other provision of fire Contract Dooutaents, Owner may, after seven days' written notice to Desiga/Builder, correct and rem~y arty such deficicecy. B. III exercising the rights Bad remedies Hader this paragraph 12.09 Owner shall proceed expeditiously. Tn cennecdon with sash cerreotive a~ remedial action, Owner may exclude Desiga/Builder frarn aq or part of the Site, take poion of sIl or part of the Construction, and suspend DesigolBuilde~s services related thercto, take posion of Design/Buildes's tools. appliances, censtruotion ~uipment a~ machinery at the Site, and incorporate in the Construction all rrmbrxIals sect equipment stored at the Site or for which Owner has. I~!il Design/Builder but which are storal elsewhere. DesignlBnilder shall allow Owner, Owner's Consultant; Owner's represen~tives, agents, employees, and other c;or-tractors ass to lire Site to enabhs Owner to ertercise the rights and remedies under this pategrepb. C. All ~, Ios~, and damages (includes but not limited to fees and charges of engineers, archi[ects. attorneys sect other professionals, all ceurt or arbitration or other dispute resolution costs and all costs of repay or replacement of worms`"" of others) incwred or sustained by Owner i» exercising such rights and remedies under this paragraph 12.09 will be cduuged against Desigo/Bullder and a Change Order wiII ba i~tted incorporating the nryr revisions in the Contract Documents, and Owner shall be cetitled to an appropriate decrease in the Contract Price. If the parties ere unable m agree as to the amount thereof Owner may make a Claim therefor as provided in Article 9. D. DesignlBuild~ shaA not be allowed an extension of the Contract Times (or Mitestorra) because of any delay in the parfw~mance of tlm Work am3butable to die exeroise by Owner of Owner's rights end remedies underr this paragraph 12.09. ARTICLE 13-PAYMEN7'3 TO AND COMPLETION 13.01 SeJiedute of Valaes A. The Schedule of Vahres established as provided in ~rag<aph 2.Q5.A will emus as the basin for progress payments. Program payments on accormt of Unit Price Work will be based cn the number of units completed. 13.42 AporrforProgr~Paymcet A. On or about the date established in the Agreement for snbmission of each application for progress ~yrocet (but not more often than once a mocth~ Desiga/Bnilder shall submit to Owner for review an Application for Payment filled oat and signed by Desiga/Build~ ceverirrg lire Work completed as of the date indicated on the Applicetion and accarapanied try supporting dooumenmtion as cegnired by the Contract Documc.atg. TF payment is on the basis of materials arut equipment not iacmporated in the Work but delivered and suitably atom at the Site or at another lorsftion agreed t0 in writing, the Application for Faymrart shall also be accom~nied by a bill of ate, irrwalce or other docume~tion warranting that Owner has received the materials and egtdpa~at fi+se amt clear of all Liens and evidence that the materials and equipment ate covered by appropriate property ins~naace and other anaugemente to protect Owner's interest therein, aU of which will be ~tisfactory ro Ownes. H. Beginning with the secend Applir~tion for Payment, each Application shall include an affidavit of Desfg<r/Bnllder stathrg drat all previoas progress payments received on acxrnmt of the Work have been applied onacceunt .. ~..,.t. m disclu<rge Design/Buildefs legitimate obligations as$ocleted ~ - with prior Applications for Payment. C. The amount of retainege with respect to program payments will be as stipulated in the Agreement _. ~»~ .~ a tcnc a~ se~utara cenerot caaat8aos cribs Contract t;tt~ae8n tTvow~ sot t7lrsigo/Buader .~- Co~Igiif{Vatlonai Society of Pre~stonat mere ror LdCDC. A11 r~hts re8erval. ...- ° ~~'~' _ x+ - - • • • X3.83 Progre~vPyymenls A. Praceaivre. Progress payments s8'aU be made by the Owaa to the I3esiga/Builder according to the fopowing procedure: 1. Owner will, within ten days of receipt of each Application for Payment, either indicate in writing its acceptance of the Application and state that the Applicetion is being proceed for payment, or retnm the Application to Degigo/Bniider indiceting in writing its reasons for refusing to accept the Application. Not more than ten days after socepting such Applir~tion the amount will become due and when dae will ba paid by Owner to DesigalBuild~. 2. If Owner should fail to pay DesigdBuilder at the dme the payment of any amount becomes due, then Desigo/Builder may, at arr}r liras thereafter. tipoa serving written notice that he wd11 ~P the Work within seven days after receipt of the notice by Qwner, and after such day period, stop the Wank und'I • payment of the emowrt owing has been rived. WrItMr notice shall be domed to have been duly cerved if seat by oertifled mail to the last known busing addr~ of Owner. 3. Payments due but undid shall bear iateaest at the rate specified in the Agreemect. 4. No Progress Payment nor arty partial or entire use or occupancy of the Project by Owner shell constitute an acceptance of soy Work not in accordance with the Conhact Documents. B. Redircttoa !n or Refusal to Make PaymarL Owner may refuse to make the whole or any Bart of any such payment, or becauce of suluently di~overed evidence or the malls of subsequent inspc~tior~s or tests, nullify any previous payment, to the extent that is reasonably necessary to protect Owner flour loss because: I. the Construction is defective, or completed Consavction has been damaged requirIug correction or ~~t~ ~ 2. the Contract Price has been reducd by Change Order; or 3. Owner hag •been required to correct defective Construction or complete Work in aixordaoce with paragraph 12.89.A; or 4. _ •Owner has act Imowledge of the oceurrence ' of 'any of the events enumerated in paragraphs 14.02.A.; or 5. Claims have been made against Owner on account of DesignBuihfer's performar~e or furnishing of the Worn or 6. Liens have been flied is won with the Work, except where i?esigaBuilder has deliv+wed a ~ecific Bond satisfactory to Owe to secure the ~tisfaction sad discharge of such LIerrs; or 7. There are other items entitling Owner to a set off against the amount for which appllcetion is made. C. If Owner refoses to make payment of the foil amount requested by Design/Builder, Owner must give Desigo/Builder immediate written rrotice slating the rcesong for such action and promptly pay D~gnJBuilder any amount remaining after deduction of the amount withheld. Owner shall prcntptly pay Design/Bmider the amc~t withheld or guy adjustment thereto agreed to when Design/Bnilder conecta to Owner's satisfaction the reason for such attics 13.04 Deslg~/BrJMer's N~ra~+ofTrtle A. Design/BuiIder warrants and guarantees that title ~ au Construction, ~erlals, sad equipment covered by any AppL'caaion for Payment, whether fnc~orporart~ in the Project or sot, wfll pass to owner no later than the time of payment free and clear ofall Liens. 13.QS Subsranar~a! Girapdetton A. When Design/Bu~r'ider considers the Wow ~Y for its intended uce Derign/Bw'lder shall notify Owner in writing that the Work is ~rbstantially complete (~cept for item specifically listed by D~iga/Bm7der as incomplete) and reque~ that Owner issue a cartiflcete of Subs~ntial Complctioa. Promptly thereafter, Owner and Design/Builder shall make an inspection of the Work to determine rim states of comple#ion. Tf Owner does not consider the Work subetaatially complete, Owner will notify Design/Buihier is w+rYting giving the reasons therefor. if Owner co~id~s the Work snbstentiatly complete, Owner will prepare and deliver to D~iga/Builder a certifl~ of Substantial Completion which shall flx the date of Substantial Completion. 1°here shall be attached to the certifltssbe a list of items to be completed or corrected before final payment. At the time of delivery of the certificate of Substantial Completion Owner will dealer to Design/Bufider a wrltterr detarmhration as to division of responsibr7ities pending final payment between Owner and Design/Bullder with respect to security, operation, safety, protection of Corrstr+rction, maintenance, hcet, utilities, insurance and warranties and guataotees. B. Owner grill have the right to ~ccluda ..„_, DesigoBuiider fsoim the Site after the data of Substantial Completion, but Owner will allow Design/Builder reasonable access to complete or correct items cn the list of items to ~ camplated. °~ ~ ~ BdCt~ A700~aadgrd Geaara! CaaditFaes err f6e Ceehnet Between owner end ceder _ _ : -++~' ,r• ~ ~PY~f ~$~+mHanel 3oelely of Protes~tanal Engtnews lbr I3JCDC. AB rtg6te reseed. ~ ° ~. s~ ~:. 24 - - • • • 13.06 Portlal UtilTzalloa A Prior m Substantial Completion of all the Work, Owner may use or occupy any substandalij~ completed part of the Coustzucdon which (i) has specifically been identi$ed in the Contract Doaane~s, or (ir) Owner and Desigu/Bta7der agree constitute a separately functioning and usable part offfie Conatrut~ian that can be used by Owner for its intended purpose wfthcut significant interference wiffi Design) Buikleo's perforntar-ce of the remainder of the Conshvction, subject to the following: 1. Oa+oer at any dace may t Deaign/Btrilder in writing to permit Owner to use or occupy say such part of ffie Coastntcdon which Owner believes to be ready for its intended use and snbstentially comgleLe. If Desigo/Builder agrees that such pact of the Work is subs~atially complete, 1?edgn/Buiider will turrtify to Owner drat such part of the Coa$truodoa is substantially complete and request Owner to issue a crrtificate of Substanias! Compbsdon for first part of the Construction. Design/Builder at mry time rruty notify Owner 6r writing first DesignBuilder considers arty such ,part of the Work ready for its intended use and substantially complete and request Owner to issue a certificate of Substantial Compledan for drat part of the ~f/ork. Within a reasonable. time after either such regnes~ Owner and Design/Bw'lder shall make an inspection of that part of the Work to deteratine tits status of compidicm if Owner does not cansider that part of the Work to be substantially cmnplete, Owe will notify Desiga/Builder In writing giving the reasons ffierefar. If Owner ccmaiders drat part of the Work to be substantially complete, the provisions of paragraph 13.05 will apply with resp~ to cmd5cadon of Substantial Compledaa of drat part of ffie Work and the division of responsrbility in rasped thercef and atx$s.s thereto. 2. tdv use or occarpaacy of part of the Construction will be accamopllshed prior to compliance with the requirements of paragraph S.IO regar+diag property insurance. 13.07 Flrud'lfispection A. Upon written notice from Destigo/Buiider that ffie entire Work or an agreed portion ffiereof is complete, Owner will make a final inspection with DesigalBuilder and will notify Desiga/Builder in writing of all particulars in which this iaspedioa reveals that the Wark is iacompleLo or defegive. Da.signBuilder shall immediately take such measora as are necry to complete such Work or remedy such deficiencies. 13.08 Final Part A. Application for Payment. _ 1. After Design/Builder has completed all such gorrcetio~ to dte satisfadioa of Owned and delivered is accordance with the Contras Documents all maintenance and operating instructions, schedules, guaranty, Bettis, certifit or other evidence of insurance, certificeMs of ikon, record docianents"r' (as provided is paragraph 6.12) and other document, Desiga/Builder may make application for final payment following the procedure for payments. 2. The final Applicetion for Payment shall be acxompanled (tmiess previously delivered) by: p) all documentation called for in the Contract Document, including but not limited to the evidence of ineurar-ce retl»ited by paragraph 5.04.B.7; {it7 consent of ffie sorely, if arty, to final payment; and (iii) complete and legally effective r+aleaces or waivers (~dafactory to Owner) of all Liens arising o~ of ar filed In connection with ffie Wank. 3. lio ilea of such releaces or waivers of Liens speciSed in paragraph 13.~.A.2 and as approved by Owner, DesignBtdlder' may furnISh receipts Ot releases in fall and an affidavit of Deslgn~Btrilder that: (i) the cele~es and receipts include all labor, s~vit~, material and egnipmmrt for whfcb a Lien could ba Sled, ark (L~ all payrolls, material and equipment bills and offie~r iadebtedaess oonnected with the Work for which Owner or Owner's property might in arty way be respo~ible have been paid or otherwise satisSual. If any Subcoatrardor or Sapplfer fa7s to fiumisbi such a rebs~e or receipt in lWl, Design/Bnild~ may liunish a Bond or other collateral aatory to Owner to indemnify Owneragaia~any Lien. ~ Fbral Payment and ~ccepl If Owner is ~tisfied that the Work has been completed aml DeBign/Bar7der's other obligations under the Contract Daaa~nts have been fttlSllal, Oanter wiq, wiffiiu ten days after receipt of floe final Application for Payment, give written notice tb l~ignlBoildtaa that the Work is acceptable. Otherwise„ Owner will return the Apptic~tion bo DesigdBnilder, indit~ting is writing the reasons for reSrsing to prs~ Snal payment, in which case Design/Builder shall make die neca~ary corrections and resubmit fire Application. C. Payment Becomes Dre3: Thirty days after die presentation to Owner of the ecxeptable Applltadon and accompanying documentation, is appropriate foam end substance and with Owner's notice of acceptability, the amotmt will foecome due sad will be pafd by Owner to Deaign/Brrilder. 13.09 Final t^,omplellan Delayed A. ii; through rro Gault of Desfgu_/Bn~pder,, final. „~.... completion of the Work is siguifirarttiy delayed, Owner shall, -~ upon receipt of DesigoBuildar's final Application far Payment, and without tetminadng the Agreement, make payment of the balance due for that porti~ of the Work firUy tromple~ and accepted. if the remaining balance to be held ..- . - _ ~» • • .. E.fCDC D-7o0,,4, tPodaN (iw-eral Coa~HHone of the Contretr 13etw¢ea Otivner sad Dmigal8otlder • ~~ ""° 4- "' ~ Capyetgiit ~'GSE -Kattanel sedery of Professl~ ~ far Iricuc. nn rights rescrve8. :. ~ ` ~- . . • r~ U by Owner for Work not fully completed or oon~ected is less than the rotaiaage stipulated is the Agreement, and if Bonds have bear finished as required is paragraph S.O1.A, the written consent of the suretl- to the pay~lent of the lntlaace due for that portion of the Work Shcy completed sad excepted shall be submitted by Design/Builder to Owe with the Application for soh payment Such payment shall be made under the terms and canditione govarniag final payment, kept that it shall not constitute a waiver of Claims. L3.10 Wa-verojCl~ A. The making and acceptance of final payment will constitute: 1. A waiver of all Claims by Owner agairrel Design/Builder, except Claims arising Son unscttled Liens, from defective Constradion appearing after final inspection pursuant to paragraph 73.07, from failure to comply with the Contract Documents or the terms of ~Y special guarantees specified therein, or from Design/Builder's t~atimring obligations urrdar the Conhard Documents; and 2. A waiver of all Claims by Drvign/Builder against owner other than those previously made is writlng arul still unsettled. ARTICLE 14-SUSPENSION OF WORK AND TERN1m1TATI0N 14.01 OlvrrerMaTS~end 13'ork A. At any time and without cue, Owner may suspend the Work or say portion tlnereof for a period of not ~ro than 40 days by notice in writing ~ DesigolBuilder which will fix the date on which Work will be restmnal. Design/Builder shall resume the Work on the date so focal. Design/Bnilder shall be snowed an a~jinhaent in the Contract Prloe or as extension of the Contract 1"rmc~, or both, directly attributable to any such suspeceion if Design/Buildex makes a Claim therefor as provided in Article 9. 14.02 Owner May Terminaiefor Cain A. The occurrence of aa)r one or more of tine following events justifies termination for J. Design/Builder's persistent failure to perform the Work In acoordence with the Contract Docnrnents ('including, but not limited to, Siilure to supply sufficient skilled wo>ykae or suitable naterials or equipmem or failure to adhere ~ the program sc~ule established under paragraph Z46.A as adjusted 13rom time to time pursuant to paragraph 6.05 2. De~gn/Birilder's disregard of Laws or Regulatlarrs of anY public body having jurisdiction. 3. Design/Bnilder's violation is any subetantiaT` ` way of provisions of the Contract Documents. B. If arm or more of the events identified in paragraph 14.02.A ocam~, Owner may, after giving Desiga/Buildar (and the surcty, if any} seven days' written aofice, terminate the siirvic~es of Design/Builder, take posse ion of any completed Drawings and Specificetions prepared by or far DesignBuilder (subject to the iademni$catlon provisions of pan~aph 3.OS.A}, exclude Desiga/Builder from the Site, and take poian of the Work a~ of all De~go/I~ilder's tools, appliances, coaswctlon equipment sad machinery at the Sim and nse the same to the full exoent they oouhl be used by DesignBuilder (without Iia6lllty to DesIga/Bidlder for or conversion). incorporate in the Work all materials and equipment stored at the Site or for which Owner has pafd D~igO/Builder bat which one staled eL4ewhere, and finish the Work as Owner may deem expedient In such carne DesIgn/Builder shall not be entitled to receive air Sather ~yment until the Work is finish. If the unpaid bahunce of the Conhact l~rioe eacdeds all ~, looms end dem~ce sustained b3- Owner arising nut of or resalting from completing the Mork ('including but not limited to all foes arKl charges of engineem, arahfte~, attorneys and other prof~sIanals and all court or arbitration or other dispute resohltion } such exo~ will be paid to Design/Buihier. If such cis, losses and damages exceml such unpaid balance, DesignBuilder shall pay the difference to Owner. Such costs, losses and demeg~ incurred try Owner will be incorporated in a Change Order: When exercising atiy rights ar remedies under this pan~caph Owtuu• shag sot be required to obtain the lowest price for the Work performed. C. ATotwithstanidiag paragrapb 14.02.B, Design/ Builder's servir.~ will sot be temm~ated if Deaign/Bnilder begins, within seven days of receipt of aotlce of intent to terminate, to correct its failure to perform and procceda diligently to cure each failure within mo mare than 30 days of receipt of said notiae. D. Where DesignlBuilder's servicce have bean ~ teraminated by Owner, the terminatlon will not affect say rights or reraedles of Owner against DesigaBuilder then existing or which may therafler accrue A~+ retemioa or payment of moneys due Design/Bnihice by Owner will not release Deslgn/Buitder from liability. 14,03 Owner Mrty Terfniardejar Converilence A. Upon seven days' written notice do DaignBuilder, Owner may, wi~out and without prejudice b agy other_,-...~,,.,.. right or remaly of Owner, Bleat to terminate the Contract In ~' such cases Deslgn/Ballder shall ba paid (without duplication of any iterce) for. ~d-.~ ~ EJCDC a-T80~ ertl Geparal Coa~tons of We Conlraet 8ehv~ Owper and D~BaQder _ .. L -~°~.~.. ~ w Copyright c.$~a. l~tooai saetaty orPrePesrioaal Sagiaeers ter LacDC. nil rlgUts reserved. .,. ~' '`~" . 4 za - - • • 1. Completed and accepmble Work exec~rted is accordance with the Contract Documents prior to the effective date of termination, including fair ark reasonable sums for overhead and profit on such Work; 2. Expenses sustaiard prior to We effective date of terauaation in performing services and flunishiag i~bor, materials or equipment as required by tine Contract Docrmrents in connection with uncompleted Work, plus fair and rasonable earns for overhead and profit on such expenses; 3. Amounts paid in settlement of terminated contracts with Subcontractors, Suppliers sad others (preluding but sot limited to all fees and of eagineans, archit~ts, attorneys and other professionals and all canrt or arbitration or other dispute rmohrtion ~ incurred in oonneotion with termination of tmntrads with Subcontractors, Suppliers and others); sad 4. Reasonable expenses dirty attributable to termination. B. Except as provided in paragraph 14.03.C, Desiga/13uildf>r shall not be paid on account of loss of an6oipated profits or revenue or other econamie low arising out ofor re~-lting from such termination. 14.04 Deslg~r/Bn~lderMayStep Work or Terarbiate A. li; through no act or fault of Design/Brrilder, rim Work is suspaad~ for a period of moron than !0 days by Owner or under as order of court or other public authority, or t7wner falls to act on any Application for Payment within thirty days after it is subanitted or lamer fails for thirty days to pay D~ign/Bw'Ider asyr sum Saalfy determined to be tine, then Dmign/~rilder may, upon maven days' written notice to Owner, and provided tJvvnar rises not remedy such suspension or failure within that flans„ terminate dye Agrearnent aml recover from Owner payment on the sears terms u provided is paragraph 14.03A. In lieu of tera~tiag fire Agtoesement and without prejudice to any other right or remedy, if Owner has fair for 30 days to pay De~ga/Bw'Ider any sum finally determined to be tine, Desiga/Builder may upon seven days' written notice to Ownex stop the Work until paymaent ie made of all such amounts due D~dgo/Butlder, including interest thereon. The provisions of this paragraph 14.04A ere sot itit~ded to~preclude Design/Builder from malting Chian wader Article 9 for as > in Contract Price or Ceontract Times or otherwise for expenses or darrmge directly attributable to Design/Buildefs stopping Work as permitted by this P~g~ph• ARTICLE 15 DISPUTE RESOLtJ7701Y 15.01 Methods and Procedrs~es A. Dispute resolution methods sari pracedur~, ff ariy, shall` `" be ae set forth in the Snpplemeatary Conditions. If ao such method and procedure has been set forth, Owner sad Deslgotl3w'lderinay exercise such rights or remedies as either may otherwise have under tits Contract Documents or by Lava ~ Ragrflations in respect of any dispute. ARTICLE 16 -MISCELLANEOUS 16.01 Gfw'iig Nvffce A. Wheruyver any provision of the Contract Documents regrures the gtvhng of written notice, $ will be deed m have b~ vaUdly given if delivered in geison to the individual or to a member of the iirm or to an oll6ir~r of the gyration for whom it is intended, or if delivered at or sent by mail, postage pt+epaid, m the last businom addre~ known to the gives ofthe notice. 16.02 Computafi+en ojTimeB A When any period of rime fs referred to in the Caaoisct Documents by days, it will >m computed to exchrde the tryst sad inalnde fire last day of such period. If the last day of any sucl- period falls oa a Saturday or Sunday or on a day made a legal holiday by the law of fire eppllcable JuniedIction, such day wiU be omitted from rim computation. 16.03 CumurlaAireR~edlea A. The duties and obligations imposed by theme General Conditions and fire rights and r~redios avaf7able herermda to the parties hereto are in addition t0. and are sot m be eoastrued in say way as a limitation of, any rights and remedies available to any or sII of them which ace otherwise imposed or available by: 1. Laws ar Regulations; or Z. any specie! warranty or guarantee: or 3. other provisions of the Contract Documea~. B. The provisions of paragraph 16.03A will be as effective as if repeated epeciScaliy is lira Contract Doaurrents in connection with each pertiauIar duty, obUgatian, right and remedy m whioh they apply. 16.04 Sttrvirar[ojObligadona A. All ntatioas, imlemnificatioas, wanauties _ and ffi made in, required b3' or given in atxordaace _ with the Contract Documents, as welt as all contiarring obligations indic~l is the Contract Docuanent$. wW snrvive~ _. _ ~» { ~ ~ urcnc o.~aapf~~a f3catral c~ orthe Contract sataeea owa~ ~e ~ _ -.~ ~_ Copyrlg6f ®ZQ11~'1Vafrapal Sudety of Prot~slorwl Eng[n~ra for >r.1CDG Aa rrgitfa resmwed. '~~ ` ~; . q .. ~ ~ _ • final payment, completion and acceptance of the Work and termination or completion of the Contract. Ib.45 ConlrollfitgLaiv __ A. The Contta~ I~cttmcets will be conshated is atxordance with the law of the place of the project. • -:.ti _ _ ....~~ _s ~,k, . FTC11C D-7Q0,$~andq~rd Ceaeral CoadiHaas of IUo Contras! inn O~vnrx and Dsatga/B ~,.~ r• ' * ~ Copsrright tt3lti~S~ational Sodetq of Profssatomd Engtns~s ~r BJCDG M rtg6ts reaorvctl. - .:. _` ~`,.~ . _ • .. ~ - - ~ SUPPLEMENTARY CONDITIONS Modified from ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE for the RECLAIMED WATER BOOSTER STATION AND RESERVOIR • • RECLAIMED WATER BOOSTER STATION AND RESERVOIR Project No. 10060 SUPPLEMENTARY CONDITIONS -1 December 2, 2009 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the General Conditions of the Contract Documents. All provisions which are not so amended or supplemented remain in full force and effect. SC-1.OI.A.29. Add a new paragraph immediately after paragraph 1.OI.A.29 of the General Conditions as follows: 1.01.A.29.a. Owner's Consultant(s): The person, firm(s) or corporation(s) named as such below: 1.OI.A.29.a.1. Brown and Caldwell SC-1.OI.A.37. Add this sentence to the end of the paragraph: 1.OI.A.37.a. RPR is commonly referred to as the Clty of Meridian Construction Inspector. SC-1.OI.A.40. Add the following paragraphs: 1.01.A.40.b. Standard Specifications-Wherever in these Contract Documents reference is made to the Standard Specifications, said reference shall be understood as referring to the Idaho Standards for Public Works Construction and the Most Recent Edition of the City of Meridian Standard Specifications and Drawings and the City of Meridian Supplemental Specifications which applicable parts are incorporated herein and made a part of these Documents by specific reference thereto. If requirements contained in the Standard Specifications are modified by or are in conflict with supplemental information in these Contrail Documents, the requirements of these Contrail Documents shall prevail. Additionally, the selected proposer shall conform to the City of Meridian Construction Stormwater Management Program for Capital Projects as outlined by the Public Works Department for the City of Meridian. 1.OI.A.40.c. Conceptual Facility Performance Reguirements~That part of the Conceptual Documents that describes the performance requirements of projeil components, design criteria, submittal requirements, as well as other project information and requirements. SC 1.01.A.49 Add the following definition: .J 2 lucid®nta!-Work, Materials or Services required by the Contract which are not speciflcally identified as payment item(s). No specific measurement and/or payment will be made for incidental items. The cost thereof should be included in other items of work listed in the Schedule of Values. SC 2.04.8. Delete 2.04.8. 1. in its entirety and insert the following in its place: SC.2.04.B.1. A preliminary progress schedule shall be submitted with the DesignBuild Proposal in accordance with the Instructions to Proposers. The preliminary progress schedule shall include number of days or dates for completing the various stages of the work, and shall include estimates of the review times for City and IDEA reviews. Within 10 days after Award of the Contract, the DesignBuilder and City will meet to discuss the preliminary progress schedule and to agree upon a Substantial Completion date. If the DesignBuilder and City cannot agree upon a mutually acceptable Substantial Completion date, the City shall designate the Substantial Completion date. SC.3.03 Add the following at the end of the section: 3.03.C. In cases of conflict in the requirements and provisions as set out by the Contract Documents, such conflict shall be reconciled by the acceptance of the following order of precedence: Local, State or Federal Law Permits from agencies Standard Form of Agreement Conceptual Documents Supplementary Conditions to the General Conditions General Conditions Reference Speciflcations and Standards DesignBuilder's Proposal, Plans, and Specifications SC-4.04. Supplement paragraph 4.04 of the General Conditbns as follows: 4.04.G. In preparing Conceptual Documents, neither Owner nor Owner's Consultant utilized any report or drawing relating to a Hazardous Environmental Condition. SC-5.04.C. Add the following paragraph(s) immediately following paragraph 5.04.8 of the General Conditions: 5.04.C. The limits of liabil'~ty for the insurance required by paragraph 5.04.6.2 of the General Conditions shall provide coverage for not less 3 than the following amounts or greater where required by Laws and Regulations: 5.04.C. 1. Worker's compensation, disability benefits and other similar employee benefit acts, and damages because of bodily injury, occupational sickness or disease, or death of DesignBuilder's employees as provided in paragraphs 5.04.A. 1 and 5.04.A.2 of the General Conditions: 5.04.C.I.a. State: Statutory. 5.04.C.1 b. Employer's Liability: Statutory. 5.04.C.2. DesignBuilder's Liability Insurance (under paragraphs 5.04.A.3 through 5.04.A.6 of the General Condtions) which shall include completed operations and product liability coverages and eliminate the exclusion with respect to properly under the care, custody and control of the DesignBuilder, shall provide the following minimum limits and conditions: 5.04.C.2.a. General Aggregate: $1,000,000.00. 5.04.C.2.b. Products-Completed Operations Aggregate: $1,000,000.00. 5.04.C.2.c. Personal and Advertising Injury (per persoN • organization with employment exclusion deleted): $0.00. 5.04.C.2.d. Each Occurrence (bodily injury and property damage): $1,000,000.00. 5.04.C.2.e. Fire Damage (any one fire): $50,000.00. 5.04.C.2.f. Medical Expenses (any one person): $10,000.00. 5.04.C.2.g. Property Damage Ifability insurance will remove the explosion, collapse, and underground exclusion and provide broad form property damage coverage. 5.04.C.3. Automobile Liability under paragraph 5.04.A.6 of the General Conditions, providing for Combined Single Limit (bodily injury and property damage) for owned, non-owned, rented, or hired vehicles: $1,000,000.00. 5.04.C.4. Provide Excess Liability or Umbrella insurance providing protection for at least the hazards insured under the primary liability policies with the following limits: 5.04.C.4.a. General Aggregate: $0.00. 5.04.C.4.b. Each Occurrence: $0.00. 5.04.C.5.a. Where DesignBuilder'soperattons involve the use of owned • or nonowned aircraft or watercraft, provide coverage for bodily injury and 4 property damage arising out of ownership, maintenance, use, or entrustment as follows: 5.04.C.5.a.1. General Aggregate: $0.00. 5.04.C.5.a.2. Each Occurrence (Bodily Injury and Property Damage): $1,000,000.00. 5.04.C.5.b. Owner's and Contractor's Protectivve Liability (Owner as named insured with Owner's Consultant as additional insured): $500,000.00. SC-5.04.D. Add the following new paragraph immediately after paragraph 5.04.C: 5.04.D. DesignBuilder shall procure and maintain professional liability insurance for protection from claims arising out of performance of Design Professional Services caused by a negligent act, error, or omission for which the insured is legally liable. Such professional liability insurance will be provided on a claims made basis, and provide for coverages in the amount of $500,000.00 per claim and $1,000,000.00 aggregate. Such coverage shall be maintained for a period of one year after Substantial Completion. Certificates indicating that such insurance is in effect will be • delivered to Owner. SC-5.06.A. Delete paragraph 5.06.A in its entirety and insert the following in its place: 5.06.A. DesignBuilder shall purchase and maintain property insurance upon the Construction at the Site in the amount of the full replacement cost thereof. This insurance shall comply with the requirements of 5.06.A.1 through 5.06.A.6. SC-5.06.A.1 Add the following at the end of paragraph 5.06.A.1 of the General Conditions: In addition to Owner, DesignBuilder, subcontractor, Owner's Consultant, Owner's Consultant Subconsuitant, the Owner shall provide a written list of names of all known entities to be named as additional insureds on the property insurances. Any change or addition to the list shall be given in writing to the DesigNBuilder at least Lander Street 7 days prior to that entity performing Work at the site. Additional insureds shall at least include all those listed in paragraph 5.04.8.1 of the General Conditions. SC-5.06.8. Delete paragraph 5.06.8 of the General Conditions in its entirety and • insert the following in its place: 5 5.06.8. Boiler and machinery insurance is not required for this Project. SC-5.06.C. Delete paragraph 5.06.C in its entirety and insert the following in its place: 5.06.C. All the policies of insurance (and the cerfif'icates or other evidence thereof) required to be purchased and maintained by DesignBuilder in accordance with paragraph 5.06 will contain a provision of endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to Owner and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07 SC-5.06.D. Delete paragraph 5.06.D in its entirety and insert the following in its place: 5.06.D. Properly insurance famished under this contract shall have deductibles no greater than $10,000.00 for all sublimits except for earthquake, which shall have a maximum deductible of $50,000.00. The DesignBuilder shall be responsible for any deductible orself-insured retention. SC-5.06.E. Delete paragraph 5.06.E in its entirety and insert the following in its place: 5.06.E. If Owner requests in writing that other special perils be included in the property insurance policies provided under paragraphs 5.06.A or 5.06.8 of the General Conditions, Design Builder shall, if possible, include such insurance, and the cost thereof will be charged to Owner by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, Design Builder shall in writing advise Owner whether or not such other insurance has been procured by Design Builder. SC-5.08. Delete paragraph 5.08 in its entirety and insert the following in its place: 5.08.A. Any insured loss under the policies of insurance required by paragraph 5.06 will be adjusted with DesignBuilder and made payable to DesignBuilder as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.08.8. DesigNBuilder shall deposit in a separate acxount any money so received, and shall distribute it in acxordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Construction shall be repaired or replaced, and the moneys so received applied on account thenaof. 6 5.08.8. DesigNBuilder as fiduciary shat! have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the ocxurrence of loss to DesignBuilder's exercise of this power. If such objection be made, DesigNBuilder as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, DesigNBuilder as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, DesigNBuilder as fiduciary shall give bond for the proper performance of such duties. SC-5. 10. Add the following at the end of paragraph 5.10 of the General Conditions: The property insurance shall contain no partial occupancy restriction for utilization of the Project by the Owner for the purpose intended. SC-6.01.8.5. Add the following to the end of paragraph 6: 01.8.5: ;the preliminary design documents shall be sufficiently complete to allow the DesigNBuilder to begin the process of ordering equipment once the • City has approved the preliminary design documents. SC-6.03.8. Supplement paragraph 6.03.B of the General Conditions as follows: DesigNBuilder (and subcontractor) regular working hours consist of 8:00 am to 5:00 pm, five days a week excluding City holidays unless otherwise pre-approved by the Owner. Overtime inspection fees shall be paid by DesigNBuilder for approved work outside of regular working hours. SC-6.06.A. Supplement paragraph 6.06.A of the General Conditions as follows: DesigNBuilder shall provide the names and addresses and other requested information of the subcontractors and suppliers (include Public Works License Numbers for any subcontractors)within 25 days of award. SC-6.08.A. Delete this paragraph in its entirety and substitute the following: 6.08.A. The DesigNBuilder is responsible to apply for and secure all permits or agency agreements that are required to perform the Work, which are considered incidental to the Project, The fees required to obtain the permit(s) and agreement(s) will be paid by the DesigNBuilder, who shall obtain all permits prior to the beginning of construction. SC-6.09.E. Add the following to paragraph 6.09: 7 • SC-6.09.E. The Owner is a public agency. All documents in its possession are public records. submittals, shop drawings, correspondence and other project related documents submitted either to the Owner or Owner's, Consultant are public records and, except as noted below, will be available for inspection and copying by any person. If the DesigNBuilder claims any material to be exempt from disclosure under the Idaho Public Records Law, the DesignBullder shall expressly agree to defend, indemnify and hold harmless the Owner and Owner's Consultant from any claim or suit arising from the Owner's refusal to disclose any such material. No such claim of exemption shall be valid or effective without such express agreement. The Qwner and Owner's Consultant will take reasonable efforts to protect any information marked °confidential" by the DesignBuilder, to the extent permitted by the Idaho Public Records Law. Confidential information must be submitted in a separate envelope, sealed and marked ~Confidentjal Information". SC-6.10.8. Add the following to paragraph 6.10: SC-6.10.8. In the event of the DesignBuilder's default on the payment of taxes, excises, and license fees as set forth in Idaho Code 63-1503 (as amended), the Owner shall have the authority to withhold from any • payment due the DesignBuilder under this contract, the estimated amount of such accrued and accruing taxes, excises, and license fees for the benefit of all taxing authorities to which said DesignBuilder is liable. SC-6.22. Add the following paragraph to Section 6. SC-6.22 Quality Control A. DesignBuilder shall provide quality control, which shall include the initial and subsequent inspections of Design/Builder's Work to ensure that the work conforms to the Contract Documents. B. DesignBuilder shall designate the person responsible for DesigNBuilder's qualify control while Work is in progress, and shall notify Owner in writing, prior to any change in quality control representative assignment. SC-7.01. Add the following to Paragraph 7.01: SC-7.01.D. Requirements for Continuing Operation of Existing Facilities: The existing wastewater treatment facilities and processes must remain in operation during the design and construction of the Facilities • Improvements. The DesignBuilder shall coordinate with the Cityrs operations staff to minimize impacts to existing facilities and processes 8 S during design and construction. The Design/Builder shall also prepare a written plan detailing how the construction will be pertormed to minimize impacts to existing facilities and processes. The plan shall include details for temporary bypassing or temporary replacement facilities as necessary to keep the existing treatment processes in operation. The plan shall also include details and a schedule for temporary shutting down of existing facilities if necessary during changeover and/or connection of the new improvements to the existing facilities. SC-8.05.8. Add the following to Paragraph 8.05: 8.05.8. The Resident Project Representative (RPR), also referred to as the City of Meridian Construction Inspector will be furnished by Owner. The responsibilities, authority, and limitations of the RPR are limited to those described below. 1. Schedules: Review and monitor the progress schedule, schedule of Submittals submissions and Schedule of Values prepared by DesignBuilder and consult with Owner or Owner's Consultant concerning accroptabil'rty. 2. Conferences and Meetings: Conduct or attend meetings with t DesignBuilder, such as preconstruction conferences, progress meetings, Work conferences and other Project related meetings. 3. Liaison: (i) Serve as Owner's liaison with DesignBuilder, working principally through DesignBuilder's superintendent and assist in understanding the intent of the Contract Documents; (ii) assist Owner or Owner's Consultant in serving as Owner's liaison with DesignBuilder when DesignBuilder's operations affect Owner's onsite operations; (iii) assist in obtaining from Owner additional details or information when required for proper execution of the Work. 4. Submittals: Receive Submittals which are furnished at the site by DesignBuilder, and notify Owner or Owner's Consultant of availability for examination. Advise Owner or Owner's Consultant and DesignBuilder of the commencement of any Work or arrival of Products at site, when recognized, requiring a Shop Drawing or Sample if the Submittal has not been approved by Owner or Owner's Consultant. 5. Review of Work, Rejection of defective Work, Inspections and Tests: i) Conduct onsite observations of the Work in progress to • assist Owner or. Owner's Consultant in determining if the Work is in general proceeding in accordance with the Contract Documents; (ii) G inform Owner or Owner's Consultant and DesignBuilder whenever RPR believes that any Work is defective; (iii) advise Owner or Owner's Consultant whenever RPR believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or whenever RPR believes Work should be uncovered for observation, or requires special testing, inspection, or approval; (iv) monitor that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that DesignBuilder maintains adequate records thereof, (v) and observe, record and report to Owner or Owner's Consultant appropriate details relative to the test procedures and startups; and (vi) acxompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to Owner or Owner's Consultant. 6. Interpretation of Corrtract Documents: Inform Owner or Owner's Consultant when clarifications and Interpretations of the Contract Documents are needed and transmit to DesignBullder clarfications and interpretations as issued by Owner or Owner's Consultant. 7. Modifications: Consider and evaluate DesignBuilders suggestions for modifications in Drawings or Specifications and provide recommendations to Owner or Owners Consultant; transmit to DesignBuilder the decisions issued by Owner or Owners Consultant. 8. Records: (i) Maintain at the site files for correspondence, conference records, Submittals including Shop Drawings and Samples, reproductions of original Contract Documents including all Addenda, the signed Agreement, Written Amendments, Work Change Directives, Change Orders, Field Orders, additional Drawings issued after the Effective Date of the Agreement, Owner or Owner's Consultant's written clarifications and interpretations, progress reports, and other Project related documents; (ii) keep a diary or log book recording pertinent site conditions, activities, decisions and events. 9. Reports: (i) Furnish Owner or Owners Consultant periodic reports of progress of the Work and of DesignBullder's compliance with the progress schedule and schedule of Submittals submissions; (ii) consult with Owner or Owners Consultant in • advance of scheduled major tests, inspections or start of important phases of the Work; and (iii) assist in drafting proposed Change 10 Orders, Work Change Directives, and Field Orders, obtain backup material from DesignBuilder as appropriate. 10. Payment Requests: Review applications for payment with DesignBuilder for compliance with the established procedure for their submission and fonnrard with recommendations to Owner or Owner's Consultant, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals, Record Documents, and Site Records: During the course of the Work, monitor that these documents and other data required to be assembled, maintained, and famished by DesignBuilder are applicable to the items actually installed and in actt~rdance with the Contract Documents, and have this material delivered to Owner or Owner's Consultant for review and forwarding to Owner prior to final payment for the Work. 12. Substantial Completion: (i) Conduct an inspection in the company of Owner, Owner's Consultant, and DesignBuilder and prepare a list of items to be completed or corrected; (ii) submit to Owner or Owner's Consultant a list of observed items requiring completion or correction. 13. Completion: (i) Conduct final inspection in the company of Owner, Owner's Consultant, and Contractor and (ii) notify DesignBuilder and Owner or Owner's Consultant in writing of all particulars in which this inspection reveals that the Work is incomplete or defective; and (iii) observe that all items on final list have been completed, corrected, or accepted by Owner and make recommendations to Owner or Owner's Consultant concerning acceptance. 8.05.C. Limitations of Authority: Resident Project Representative will not: I. Have authority to authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by Owner or Owner's Consultant; or 2. Undertake any of the responsibilities of Design/Builder, Subcontractors or DesignBuilder's superintendent; or 3. Accept Submittals from anyone other than DesignBuilder; or 11 4. Authorize Owner to occupy the Project In whole or in part; or 5. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Owner or Owner's Consultant. SC-8.06.A. Add the following to paragraph 8.06.A: 8.06.A.1. The Owner's Consultant will provide Owner with such services as the Owner deems appropriate for the project. DesignBuilder will be notified concerning Owner's Consultant's role should that role impact DesignBuilder's coordination efforts on the project. SC-11.OI.C.2.c. Add the following to the end of paragraph 11.OI.C.2.c: ,except the maximum total allowable cost to Owner shall be the Cost of the Work plus a maximum collective aggregate fee for DesignBuilder and all tiered Subcontractors of 25 percent; SC-11.02.F. Add the following: Work by utilities or agencies must be coordinated by the DesignBuilder and will not be grounds for a delay claim. SC-12.03.A. Add the following to the end of paragraph 12.03.A: DesignBuilder shall establish an inspection program and a testing plan acceptable to the Owner and shall maintain complete inspection and testing records available to Owner or Owner's Consultant. Owner may conduct independent testing and inspection. Owner shall approve DeslgnBuilder's testing laboratory or testing agency. DesignBuilder shall submit name of firm to Owner within 25 days after Award. SC-12.03.8. Add the following to paragraph 12.03.6: Tests required by Contract Documents to be performed by DesignBuilder that require test certificates be submitted to Owner or Owner's Consultant for acceptance shall be made by an independent testing laboratory or agency licensed or certified in accordance with Laws and Regulations and applicable state and local statutes. In the event state license or certification is not required, testing laboratories or agencies shall meet following applicable requirements: I. Basic requirements of ASTM E 329, "Standard Specification for Agencies Engaged in the Testing and/or Inspection of Materials as Used in Construction" and ASTM D 3666, °Standard Specification 12 for Minimum Requirements for Agency Testing and Inspecting Bituminous Paving Materials", as applicable. 2. Calibrate testing equipment at reasonable intervals by devices of accuracy traceable to either the National Bureau of Standards or accepted values of natural physical constants. SC-15.01.8. Add the following after Paragraph 15.01.A: 15.01.8. Mediation as an Optional Dispute Resolution Methodology: 1. Mediation is an optional dispute resolution methodology that may be used on this project. Neither the Owner nor DesignBuilder is required to submit any claim to mediation prior to exercising their rights under the Contract Documents and State Law. 2. Should appealed or unsettled claims, disputes or other matters befinreen Owner and DesignBuilder arising out of or relating to the Contract Documents or the breach thereof, (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 13.09) occur and both parties agree to mediate said claim, the case may first be submitted to mediation under the Construction Industry Mediation Rules of the American Arbitration Association. 3. Should the mediation be unsuccessful, (except for claims which have been waived by the making or acceptance of final payment as provided by Paragraph 13.09) and is terminated by written notice to all involved by Mediator or Owner or Contractor, the dispute resolution process shall revert to paragraph 9.03.C in the General Conditions, as if the mediation had been a second phase of the unsuccessful executive negotiation. 4. Request for mediation shall be made by either party in wring within 10 days after failed negotiations and shall be responded to by the other party within 5 days of the request. Only upon acceptance of mediation by the other party will the mediation process begin. Failure to request mediation within said 10~iay period will result in Owner or Owners Consultants' decision being final. END OF SUPPLEMENTARY CONDITIONS 13 ATTACHMENT "A" RECLAIMED WATER BOOSTER STATION AND RESERVOIR CONCEPTUAL FACILITY PERFORMANCE REQUIREMENTS 1. DEFINITIONS 1.1 When asked to °provide° equipment, materials, or labor in these Requirements, it is meant that the Design-Builder team is to provide all equipment, materials, or labor for a complete installation. The City of Meridian (City) will not provide any equipment, materials, or labor unless specifically stated so. 1.2 Detailed Shop Drawings shall include detailed layout and installation drawings, diagrams, illustrations, schedules, brochures, standard schedules, performance charts, and instructions to illustrate the work. 2. STAFFING 2.1 The wastewater treatment plant (W1NTP) operates continuously and is staffed 18 hours per day. All needed improvements also must operate on a continuous basis in an automatic mode with ability to operate in manual mode. 3. PROCESS IMPROVEMENTS 3.1 Bois® Rlv®r Outfall (BRO) Pump Station Improv®m®nts 3.1.1 D®scriptionBasic Function: The Boise River Outfall Pumps will be utilized to transmit flow from the Boise River Outfall Wet Well to the Water Storage Reservoirs. 3.1.2 LocatioNLayout: The BRO pump station is an existing structure located as shown in Figure F1. 3.1.3 Power is available from the BRO Pump Station. Provide wet well level pump control. Provide start, stop, failure, run, hours run, seal leakage alarm, flow to effluent storage tank, and motor overload signals to SCADA. 3.1.4 Proposal Substantiation: Identification of manufacturer, type, model number, materials of construction, capacity, dimensions, performance features, performance speciflc~tions, electrical and instrumentation requirements, and deviations from these conceptual design documents. 3.1.5 D®sign Substant~tion: Detailed shop drawings, specifications, cut sheets, and performance requirements • 3.1.6 Construction Substantiation: Final shop drawings, Operations and Maintenance (OEM) manuals, pertormance testing certification, and final record drawings per Idaho Department of Environmental Quality (tDEQ). 3.2 Water Storage R®s®rvoirs 3.2.1 DescriptionBasic Function: Two 500,000-gallon bolted steel tanks are proposed to be built at grade to store effluent pumped from the Boise River OutFall Pump Station. The tanks are to provide both equalization for the WWTP and chlorine contact time for the reclaimed water program. Chlorine residual shall be measured at each tank outlet. Each reservoir outlet shall be provided with a Hach meter to measure chlorine residual along with a sample tap. Hach meter drains shall be routed to the return flows manhole. 3.2.2 Design Criteria: Each tank will be no more than 80 feet in diameter and have an effective volume capacity of 500,000 gallons. Each tank shall be provided with an overflow, drain, inlet, outlet, manway, external access ladder, and level indication. Tank shall be coated and lined with contusion resistant coatings. 3.2.3 Location/Layout: The new storage tanks are to be located along the southern property line east of the existing generators. Location drawings are found in the appendix. • 3.2.4 Tanks shall meet all requirements of AVWVA D103. 3.2.5 Provide Tank 1 and 2 level, overflow alarm, low-level alarm, chlorine residual signals to SCADA, as directed by the City's integrator. 3.2.6 Other tank configurations will be considered provided they meet the intent of the design criteria and are approved by the City. 3.2.7 Proposal Substantiatlon: Identification of manufacturer, type, model number, materials of construction, capacity, dimensions, pertormance features, conceptual layout drawings, conceptual foundation design, electrical and instrumentation requirements, and deviations from these conceptual design documents. 3.2.8 D®sign Substantiation: Detailed shop drawings, performance specifications and pertormance requirements. Foundation design. 3.2.9 Construction Substantiation: Final shop drawings, O8~M manuals, performance testing certification 3.3 Sodium Hypochlorit® (NaOCI) Gen®ration, Storage and Feed 3.3.1 DescriptionBasic Function: NaOCI shall be generated on site and used to disinfect Class A reclaimed water, and injected Into the Inlet to each storage tank. One duty NaOC1 generation facility complete with hypochlorite reactor, brine tank, and control panel shall be provided. Two each 2,000-gallon 0.5 percent sodium hypochlorlte storage tanks complete with fill, overflow, vent, and feed lines shall be provided for this initial construction. Tanks shall be 2 • located indoors, and provided with depressed concrete floor secondary containment with sump drain. Space for two additional tanks shall be provided in the Chemical Handling section of the Booster Station. A minimum of three initial pumps shall be provided, two duty and one standby. Pumps shall be manifolded for operational flexibility, with the ability to add larger chemical feed pumps in the future. Provide the ability to remove sodium hypochlorite generation equipment through double doors. The storage space shall be heated and provided with exhaust fans operating on high temperature. Design the system to allow for a bulk feed system to be utilized as well as the generation system for NaOCI. 3.3.2 D®slgn Crlt®ria: Storage tanks shall be capable of storing 0.5 percent NaOC1 solution. Secondary containment within the building shall be provided. Each water reservoir shall be provided with a dedicated wall-mounted chemical feed pumps each capable of feeding a concentration of standard 0.5 percent NaOC1 solution to each reservoir to achieve a 450 milligrams per minute per liter (mg-min/L) chlorine contact time (CT) value in each tank. Initial chlorine demand of the water is unknown. All NaOC1 piping shall be double-contained polyvinyl chloride (PVC). Design-Builder shall include special consideration specific to NaOC1 facilities and piping to prevent corrosion from the hypochlorite solution from gasification due to decomposition of solution. 3.3.3 LocatloNLayout: The chemical feed room shall be looted within the new Booster Station adjacent to the new water storage tanks. Booster Station location can be found in Figure F1. 3.3.4 Provide standard manufacturer Programmable Logic Controller (PLC) for control of NaOC1 generation equipment and meter pumps. Provide the following signals to SCADA: brine and storage tank levels. brine and storage tank low level alarm (each), NaOC1 generation equipment run and failure, gas leak detection, metering pump run and failure. 3.3.5 Provide Microclor sodium hypochlorite generation equipment, or equal. 3.3.6 Hypochlorite generation equipment shall be performance tested at the full range of performance conditions. 3.3.7 A standard 12.5% sodium hypochlorite feed system will be considered provided it meets the intent of the design criteria and is approved by the City. 3.3.8 Proposal 3ubstantlatlon: Identification of manufacturer, type model number, materials of construction, capacity, dimensions, performance features, performance specfications, preliminary layout drawings, electrical and 3 • instrumentation requirements, and deviations from these conceptual design documents. 3.3.9 Design Substantiation: Detailed shop drawings, specifications and pertormance requirements suitability of materials documentation, valve selections. 3.3.10 Construction Substantiation: Final shop drawings, O$M manuals, pertomtance testing certification 3.4 Booster Station 3.4.1 DescriptionBasic Function: The Booster Station pumps shall pump the stored water from the tanks and deliver it to the reclaimed water distribution system, initially to Heroes Park. The Booster Station shall initially house two vertical turbine canned type° booster pumps, provided with Variable Frequency Drives (VFDs) to deliver 400 to 800 gpm, and sized to deliver a minimum 65 pounds per square inch (psi) at the intersection of Ten Mile Road and the I-84 freeway. Initial operating pressure at the Booster Station shall be 75 psi. Ultimate operating pressure at the Booster Station shall be 140 psi. Provide for the ability to remove pumps through the roof of the building through skylights. The station space shall be heated and provided with exhaust fans operating on high temperature. Fire protection of the building shall be provided. 3.4.2 Design Criteria: Two each 800 gpm, 50 hp pumps shall be installed initially. Ultimately, 3 each 2,000 gpm, 200 hp duty pumps will be installed in this station, with space for one redundant pump. Two new larger pumps shall be installed incrementally, and then the two each 800 gpm pumps shall be replaced. All future pump "cans" shall be installed initially. Pumps shall be manifolded so that any one pump can be taken out of service for maintenance without station shutdown. The manifold shall be sized for the future 8,000 gpm. Maximum pipe velocity shall be 5.0 feet per second (fps). Provide a check valve and isolation valve for each pump. Seals shall be mechanical type with potable flushing water. 3.4.3 Each pump shall be provided with a VFD Allen Bradley, variable torque, with rectifier units, inverter units, control circuitry, protective equipment, input line reactors, output load reactors, and other filters. Wiring shall be VFD cables for all motors fed by VFDs. 3.4.4 Pumps shall vary speed based on system pressure in order to maintain a constant pressure in the forcemain. When the pressure drops, the pumps shall increase speed to maintain a set pressure, and reduce speed based on decreasing pressure. Provide the following signal to SCADA: start, stop, failure, run, speed, manuaVauto, and motor overload signals for each pump; manifold discharge pressure, flow to BRO; pump run time, seal water failure, and return water flow. 4 3.4.5 Electric motors shall be installed vertically and operate at 480 volts, 3-phase power. Pump motors shall be premium efficiency, inverter duty, squirrel cage, induction type, designed to rvn at a speed proportional to an external 4-20 milliampere (mA) input. 3.4.6 LocatioNLayout: The new Booster Station shall be located adjacent or in front of the new water reservoirs as shown on Figure F1. 3.4.7 Provide Peerless, Robboo vertical turbine pumps, or equal. 3.4.8 Pumps shall be performance tested at the full range of speeds prior to commissioning. 3.4.9 Proposal Substantiaflon: Identification of manufacturer, type, model number, materials of construction, capacity, dimensions, pertonnance features, performance specification, conceptual layout drawing, electrical and instrumentation requirements, and deviations from these conceptual design documents. 3.4.10 Design Substantiation: Detailed shop drawings, equipment specifications, cut sheets, and performance requirements. 3.4.11 Construction Subst~tiation: Final shop drawings, O&M manuals, performance testing certfication. • 3.5 Yard Piping 3.5.1 DescriptionBasic Function: Yard piping on the WWTP site is required to convey effluent from the BRO Pump Station to the storage tanks, for interconnecting piping, to convey effluent to the Booster Station, and to convey return flows back to the Plant Drain Pump Station. 3.5.2 Design Criteria: Piping shall be purple PVC rated to withstand the operating pressures intended. Provide 14-inch diameter BRO pump discharge piping to the effluent storage tanks, and 14-inch diameter gravity return piping back to the plant Headworks. Return flow manhole and piping shall be sized to return 2 million gallons per day (mgd) of flow by gravity. Minimum burial depth of 3 feet from top of pipe to ground surtace is required. All buried piping shall be provided with restrained joints. Provide a flow meter for each Booster Station discharge and return flow line. 3.5.3 Location/Layout: Figures F1 and F2 show the conceptual yard piping. 3.5.4 Proposal Substantiation: Identification of manufacturer, type model number, materials of construction, capacity, dimensions, performance features, performance specifications, and deviations from these conceptual design documents. 3.5.5 D®sign Substant~tion: Detailed shop drawings, manufacturer specifications, cut sheets, and performance requirements 5 3.5.6 Construction Substantiation: Final shop drawings, 08~M manuals, performance testing certification 3.6 BRO Piping 3.6.1 Description/Basic Function: The existing 16-inch asbestos cement pipe BRO from the WWTP to Heroes Park is to be replaced. A new 24-inch diameter pipeline from the Booster Station to Ten Mile Road shall be provided. The pipeline in Ten Mile Road to Heroes Park shall be a new forcemain and sliplining or pipe bursting shall be performed to replace the existing BRO pipeline in Ten Mile Road to the tee near the pond at Heroes Park. A 16-inch diameter tee with blind flange shall be provided for a future pipeline extension south down Ten Mile Road which may reduce to 12 inch diameter south of Cherry Lane. Heat welded purple PVC or purple-striped High Density Polyethylene Pipe (HDPE) is acceptable, pending review and approval by IDEA. 3.6.2 Design Crit®ria: The method of forcemain replacement construction and booster pump sizing shall determine the final sizing and pressure rating of the new piping. The forcemain shall connect to an existing tee at Heroes Park and provide reclaimed water with a minimum pressure of 65 psi to the irrigation system. A 14-inch diameter pipe installed by sliplining or pipe bursting is desired by the City north along Ten Mile Road. The outfall shall be built in stages so that the full build out flow can be conveyed in the future. Slow closing valves shall be used on the forcemain to minimize surge and water hammer. A surge analysis shall be conducted to determine if facilities are needed at the Booster Station to mitigate water hammer. Surge pressure rise shall not exceed the pressure and surge rating of piping. Traffic control and pavement replacement in accordance with Ada County Highway District (ACRD) and/or Idaho Transportation Department (ITD) and other applicable standards. 3.6.3 Location/Layout: Figures F3 and F5 show Heroes Park and the BRO Pipe alignment, respectively. 3.6.4 Proposal Substantiation: Identification of manufacturer, type model number, materials of construction, capacity, dimensions, performance features, performance specificaflons, method of construction, preliminary alignment, and deviations from these conceptual design documents. 3.6.5 D®sign Substantiation: Detailed shop drawings, specifications and performance requirements, and surge analysis addressing design criteria requirements. 3.6.6 Construction Substantiation: Final shop drawings, O&M manuals, performance testing certification 6 • 4.0 SREICML 4.1 The site is the existing Meridian WWTP located at 3401 North Ten Mile Road in Meridian, Idaho. The new pipeline shall start at the treatment plant and extend north on Ten Mile Road to Heroes Park at 3064 Maita Drive in Meridian, Idaho. 4.2 Modifications to site drainage shall be minimized. Site drainage shall be contained on site using existing drainage facilities. The Design-Builder shall comply with the requirements of the Environmental Protection Agency (EPA) Construction General Permit (CGP) that covers discharges of Stormwater from construction sites. 4.3 DesignBuilder shall furnish and install compacted granular fill to support new site features. 4.4 DesigNBuilder shall provide surface restoration of pavement, concrete, and landscape features that are damaged during construction to original conditions. 4.5 Utilities available at the site include electric power, natural gas, domestic water, plant effluent, sewer, and process drains. Design-Builder shall provide routing of these utilities to new facilities as needed. 4.6 Provide traffic control and barricades as required by code. 4.7 Provide driveway access to Booster Station and bollards to protect building cromers. 4.8 Under structures, paving, and site structural elements, maintain natural bearing capacity or achieve correct compaction as required to prevent uncontrolled subsidence; excessive settlement, or other movement. 4.9 Provide a minimum of 3 feet of cover for all buried piping. 4.10 New security fencing shall be provided for new Reservoir and Booster Station construction, and tied-into existing WWTP security fencing. 4.11 Design Substantiation: Detailed shop drawings, specifications and performance requirements. 4.12 Construction Substantiation: Final shop drawings and performance testing certification 5. STRUCTURAL/ARCHITECTURAL 5.1 Structural slabs on grade shall be reinforced concrete cast in-place, and meet requirements of Idaho Standards for Public Works Construction (ISPWC). 5.2 Booster Station walls shall split face concrete masonry unit (CMU) to match existing buildings on site. 7 5.3 Booster Station roofing shall be steel and blue in color to match existing buildings on sifie. 5.4 Concrete surtaces intended to provide secondary containment of chemicals shall be provided with a chemical resistant coating capable of resisting chemical attack from NaCO1. 5.5 Stairs, handrail, and grating shall be of fabricated aluminum, except in areas where NaCO1 is used, then fiberglass reinforced plastic will be used. 5.6 Design all seismic anchorage and bracing for equipment and non-structural components in accordance with Section 1621 of the International Building Code. 5.7 Detailed design analysis of all structural designs for Substantiation shall be pertormed by a structural engineer, registered in the State of Idaho. 5.8 Provide load bearing load supporting structures as required by code and designed to accommodate dead loads, live loads, and environmental loads so that bearing opacity of the soil and the existing structures is not exceeded. Accommodate dead loads from weights of the construction itself and all fixed equipment loads. Accommodate loads from equipment testing and operation either uniformly distributed loads as prescribed by code or concentrated loads, whichever are more demanding structurally. Accommodate loads from all environmental forces in accordance with applioble codes including hydrostatic, earthquake, and wind. 5.9 Provide and maintain fire-rated separations between equipment rooms and other spaces where required by code. 5.10 Supports for piping, conduit, and ducts shall be attached to and supported by the structure. Supports shall allow movement of the rigid linear elements without undue stress on the supported elements. Provide sway bracing at changes indirection of more than one-half of a right angle for all pipes. Provide equipment mounting frames, bases, or pads, designed for ease of anchorage or mounting. 5.11 Services passing through structural walls and slabs shall have openings sealed and provided with an exterior flexible connection when buried. 5.12 D®sign Substantiation: Detailed shop drawings, specifiotions and pertormance requirements. 5.13 Construction Substantiation: Final shop drawings, O$M manuals, pertormance testing certifiotion 6.0 MECHAAIICAL 6.1 The Booster S#ation shall be heated and cooled by a central HVAC system. 6.2 Provide potable water interior and exterior hose blbbs, emergency eyewash/safety shower, and seal water at the Booster Station. 8 6.3 Provide process drainage in each non-electrical room in the Booster Station. 6.4 Provide an emergency eyewashlshower in the Chemical handling areas. 6.5 Heat trace and insulate all exterior exposed portions of piping systems. 6.6 Piping shall be designed so that the system is drainable without disassembly of piping. 6.7 Connections to equipment shall be provided with flexible connections for disassembly. 6.8 Equipment sound levels shall be below 80 decibel (dBA) at a distance of 3 feet. 6.9 Prevent transmission of vibration from process equipment that rotates by isolating equipment from structures. 6.10 Piping shall be labeled by contents and direcflon of flow at each branch or every 20 feet. 6.11 Piping shall be provided with the flexibility to be dismantled in the future. 6.12 Design Substantiation: Detailed shop drawings, speciflcaflons and performance requirements. 6.13 Construction Substantiation: Final shop drawings, OEM manuals, performance testing certification 7.0 ELECTRICAL AND INSTRUMENTATION 7.1 Provide electrical design and construction to accommodate the project needs in accordance with applicable codes, ordinances, and regulations. 7.2 Contractor shall coordinate and have provided new underground feed from distribution pole downstream (west) of existing underground riser poles searing Standby Generator Building. New electric service shall be capable of searing initial load of approximately 400 hp with ability to grow to serve approximately 800 hp and additional ancillary loads within the Booster Station. Booster Station shall be tied into the existing Standby Generator. Contractor shall provide and install all required electrical devices for a complete and operational system meeting all state and local codes including IEEE 519 at the Point of Common Coupling per local utility company. Contractor shall provide one 1-inch conduit from remote Input/output (VO) cabinet in Generator Building (located on southwestern comer of building) to new Booster Station with Belden 9463 cable installed but not terminated. Remote I/O and integration Booster Station monitoring into SCADA to including delaying remote start/stop of booster pumps to be provided by City of Meridian. 7.3 Owner intends Design Builder to be responsible for verifying sufficient capacity exists for all new loads, and shall upgrade the service and facil~ies 9 as needed for a complete electrical system. A minimum 10 percent spare electrical capacity and space shall be reserved for use following conclusion of this contract. 7.4 The instrumentation shall be of similar quality as that currently used on site. Provide sun shields on all outdoor mounted transmitters and displays, and adequate heating and cooling for all electrical enclosures to maintain intemal temperatures within operating tolerances of equipment housed therein. All control signals shall be integrated into the City's Wunderware SCADA system, as specified by City's integrator. 7.5 Provide equipment which protects personnel from electric shock. 7.6 Use of aluminum conductors is prohibited. 7.7 Provide pole-mounted area lighting at the storage tanks and Booster Station. 7.8 Provide labeling in accordance with applicable codes and regulations. 7.9 D®sign Substantiation: Provide load study, short circuit study, protective device coordination, and arc flash analysis for all modified and new equipment. Submit product data for all electrit~l system components. Submit single-line diagrams, electrical plans, layout diagrams, circu'~ing diagrams, loop diagrams in accordance with Instrumentation, Systems and Automation (ISA) standards, elementary diagrams, and intemal panel wiring diagrams. 7.10 Construction Substantiation: Final shop drawings, O8~M manuals, pertormance testing certification . 8.0 GENERAL 8.1 All portions of the project shall comply with applicable local, State, and Federal regulations and codes including but not limited to: - International Building Code, 2003 - International Mechanical Code, 2003 - Uniform Plumbing Code, 2003 - National Electric Code, 2005 - International Fire Code, 2003 - OSHA regulations - IDEA Rules for Reclamation and Reuse, and Wastewater Rules • 10 - Most recent edition of the City of Meridian Standard Specifications and Drawings and the City of Meridian Supplemental Specifications - Most recent edition of the City of Meridian Construction Stormwater Management Program for Capital Improvement Projects - ISPWC. 8.2 Provide equipment and materials suitable for installation and operation at 2,550 feet above sea level; at ambient outdoor temperatures ranging between 20 degrees Fahrenheit (F) to 110 degrees F, and a relative humidity range between 10 percent and 95 percent non-condensing. 8.3 Equipment and devices installed indoors and in non-air conditioned enclosures capable of continuous operation within an ambient temperature range between 40 degrees F and 90 degrees F. and a relative humidity range between 10 percent and 95 percent non-condensing. 8.4 Expected service life of all facilities is as follows: - Steel tanks 20 years (5 year warranty) - Pumps 10 years (1 year warranty) - NaCO1 Generation Equipment 10 years (1 year warranty) - Building Structures 20 years (5 year warranty) - Buried Piping 50 years (1 year warranty) - Exposed Piping 20 years (1 year warranty). All warranties shall commence at the completion of the project unless early turnover is agreed to by the owner in writing. 8.5 Optimize equipment layouts to facilitate ease of operation, repair, and replacement by City personnel. Internal parts of valves shall be easily replaced without removal from pipeline. Equipment parts shall be readily available from stocking distributors within the United States. Valves and other control devices shall have accessible handles. switches, and control buttons. Valve handles shall be on the top/upper side and provided with chain or other remote operators where located out of normal reach above floor levels. Provide at least 3 feet of clearance around each piece of equipment or as required by code. 8.6 Where an element is specified by perFonnance criteria, use elements proven to comply by having actually been manufactured to the same or very similar design with the same materials and function as specified. 8.7 Where a type of product is specified without performanoe criteria, use the type of product specified. 11 • 8.8 Where neither types of products nor performance criteria are specified, use products that shall perform well within the specified service life of the project. 8.9 Equipment shall be complete and operable systems by manufacturers that specialize in the sales and service for this type of equipment. 8.10 The Design-Builder shall be responsible for all details necessary to properly install, adjust, and place into operation a working system. 8.11 installation of the equipment shall 6e in accordance with requirements of the manufacturer's written instructions and shop drawings. It is the Design- Builder's responsibility to verify and obtain all necessary dimensions in the field to ensure compatibility with these specifications and equipment. 8.12 All equipment shall be functionally tested under the supervision of the Design- Builderfor aminimum of 5 days to ensure all performance, functional, vibration, tracking, and motor operating characteristics are within acceptable limits. 8.13 City will provide a staging area for use by the Design-Builder. 8.14 Design-Builder vehicles shall be confined to the consfivction areas only. 8.15 City will provide temporary power and water for construction, temporary sanitation facilities by the Design-Builder. 8.16 Working hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. Construction work outside these hours requires approval by the Owner, and overtime inspection fees shall be paid by the Design-Builder when applicable. 8.17 Any work requiring a shutdown or bypass of City facilities will require apre- approved written work plan. 8.18 Use of Explosives is not permitted. 8.19 Training on operation of all equipment shall be provided to the owner's satisfaction. Instruction in the operation, control, adjustment, shutdown, servicing, troubleshooting, maintenance, cleaning and repair shall be included. 8.20 Design-Builder shall clean construction area after construction is complete and restore the area to previous conditions. Grass and sprinkler systems shall be restored. 8.21 Sch®dul®: The project shall be turned over to the owner for full use by June 12, 2010. The Design Builder shall pay to the City $500 per day for every day the City is unable to fully use the facilities after June 12, 2010. For every day the City can fully use the facilities prior to June 12, 2010, the City will pay a bonus of $250 per day. 12 • 8.22 Design-Builder shall be required to obtain approvals from IDEA including, but not limited to, the Preliminary Engineering Report, Permit to Construct, and Record Drawings. 9.0 SUBSTANTIATION 9.1 Substantiation is any form of evidence that is used to predict whether the design shall comply with the Facility Performance Requirements or to verify that the construction based on the design actually does comply. During design development, and construction, requirements to submit substantiation are primarily intended to prevent use of designs or constructions that will not comply. 9.2 Regardless of whether substantiation is specified or not, the actual construction must comply with the specified Facility Performance Requirements and may, at the Cites discretion, be examined, inspected, or tested to determine compliance. 8.3 Substantiation submittals will not be approved or acxepted, except to the extent that they are part of documents required to be approved or accepted in order to proceed to the next stage of design construction. However, approval or acceptance of substantiation shall not constitute approval or acceptance of deviations from the specified Facility Performance Requirements unless those deviations are specifically identified as such on the submittal. 9.4 The City acxepts the responsibility to review substantiation submittals and respond In a timely manner. 9.5 Proposal Substantiation: - Identify one or more product types for each system, assembly, or element. - For each product type, provide a brief descriptive or performance specification. - For major places of equipment, provide the manufacturer's product literature, performance data, and identify the manufacturer that will be used. Provide installed references with contact name and telephone number. 9.6 Design Substantiation: - Identify the exact product type for a particular system, assembly, or element. - For each product type, provide descriptive or performance specification. - For major pieces of equipment, provide the manufacturer's shop drawings for the manufacturer that will be used. Provide installed references with contact name and telephone number. 13 - Engineering design of structural fills. 9.7 During Construction: - Identify actual brand products used for every system, assembly, or element. - Where a product is specified by performance requirements with testing, provide the test reports showing compliance. - Provide manufacturer's produ~ literature for every product. - For major pieces of equipment, provide final shop drawings, final operation and maintenance manual, and certification that the equipment used on the project complies with the contract documents. - Identification of parts normally replaced dudng routine maintenance and parts replaced only when damaged or unexpectedly wom out; location of stocking distributors. - Record drawings meeting IDEA requirements within 30 days after final acceptance of the Work showing all significant deviations in the design drawings. 9.8 Submit three copies for City's use and records, plus one additional copy #o transmit comments back to Design-Builder. 9.9 Resubmittals shall be clearly marked with all changes made clearly marked. • 14 • s Attachment B SCHEDULE OF VALUES -RECLAIMED WATER BOOSTER STATION AND RESERVOIR PROJECT DESCRIPTION OF WORK SCHEDULED VALUE Pi burstin to Heroes Park $200,000 Qual' Control $10 000 Strutural ExcavatioNBackfill $95,000 Surve , la ut, and SWPPP $25,000 Fence, as halt, and ravel surface $28,000 Restore surfacers ands rinklers $12 000 Yard Pi i from buildin to Ten Mile 8 Hems Park $90,000 Overflow i in and mast $42,000 Yard i in at tanks and overflow $23,000 Pum structure concrete $48 500 Bulldin Concrete $54,500 Tank Concrete $41 000 Mason $4S 500 Misc metals $51,750 Roof $49,000 Thermal and moisture rotection $28,250 Doors S hardware $11,250 Paint and finishes $38,250 Steel Tanks $330,000 Chemical in action ui ment and store a $172,500 Vertical Turbine um $108,500 Mechanical I In $65,000 Valves and o erators $85.000 Pum and mechanical at BRO $9 000 12-inch fill line from BRO to store tanks $27,550 Modifications for use of transits line as tank drain $12,500 HVAC $30.000 Flre Protection $30,000 Plumbin $30 000 Electrical and controls $268,000 En ineeri deaf n fee $210 000 GRAND TOTALS $2,251,050 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. RECLAIM DESIGN-BUILD PROJECT - page 77 of 77 FP 09-008 MERIDIAN CITY COUNCIL MEETING January 26, 2010 APPLICANT Ronald Van Auker ITEM NO. SA REQUEST Final Plat approval consisting of 8 building lots on 38.94 acres of land in the I-L 8~ C-G zoning districts; and request for approval of a waiver of the 25-foot wide landscape buffer required in the I-L district to non-industrial uses for Seyam Sub - n/o E. Franklin Rd, e/o Eagle Rd AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Matertals presented at public meetings shall become property of the City of Meridian.