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Home My WebLink About2010-09-28�EIDIZ IAN.�- IJ CITY OF MERIDIAN CITY COUNCIL PRE -COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, September 28, 2010 at 6:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Roll -call Attendance: X David Zaremba O Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda Adopted 3. Executive Session per Idaho State Code 67-2345 (1) (c) (f) — (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency & (f) To Consider and Advise its Legal Representatives in Pending Litigation Into Executive Session at 6:01 p.m. Out of Executive Session at 7:13 p.m. Meeting Adjourned at 7:13 p.m. Meridian City Council Pre -Council Meeting Agenda — September 28, 2010 Page 1 of 1 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 Pre -Council Meeting September 28, 2010 A Pre -Council meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, September 28, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, and President David Zaremba. Members Absent: Brad Hoaglun. Item 1: Roll -call Attendance: Roll call. X David Zaremba Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Item 2: Adoption of the Agenda. de Weerd: I will go ahead and call this Special Meeting to order. For the record, it is Tuesday, September 28th. It's 6:00 o'clock. I will start tonight's meeting with roll call attendance, Madam Clerk. de Weerd: Okay. Item No. 2 is adoption of the agenda. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we adopt the agenda for the Special Meeting for September 28th. Zaremba: Second. de Weerd: I have a motion and a second to adopt the agenda as printed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 3: Executive Session per Idaho State Code 67-2345 (1) (c) (f) — (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency & (f) To Consider and Advise its Legal Representatives in Pending Litigation de Weerd: Item 3 is Executive Session. Meridian City Council Pre -Council Meeting September 28, 2010 Page 2 of 3 Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c) and (1)(f). Rountree: Second. de Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. de Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. de Weerd: We are adjourned into Executive Session. EXECUTIVE SESSION: (6:01 p.m. to 7:13 p.m.) de Weerd: Okay. I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. de Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. de Weerd: We are at the end of our special meeting agenda. Do I have a motion to adjourn? Rountree: So moved. Bird: Second. de Weerd: All those in favor? All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:13 P.M. Meridian City Council Pre -Council Meeting September 28, 2010 Page 3 of 3 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) It c2C10 MAYOR TA Y de WEERD DATE APPROVED ATTEST: JAYCEE UHOLMAN, CITY CLERK,',' AOr wt?zpe'%, Fo SEAL COUNTY , �'�\.`• �E IDIAN�-- IDAHO CIN COUNCIL REGULAR MEETING AGENDA Tuesday, September 28, 2010 at 7:00 PM Meeting Started at 7:15 p.m. 1. Roll -Call Attendance X David Zaremba O Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Dale Newberry with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of September 7, 2010 City Council Special Meeting B. Approve Minutes of September 7, 2010 City Council Regular Meeting C. Citizen's Survey Contract with Infogroup/ORC for a Not -to - Exceed Amount of $25,000.00 D. Confidentiality Agreement Between the City of Meridian and Northwest Pipeline, GP for Transfer of Geographic Information System (GIS) Data E. Professional Services Agreement with Chief Joseph Elementary School to Provide Artist in Residence to Teach Golden Rule Themed Dance Workshop Series and to Produce a Dance Performance Titled "Old Turtle and the Broken Truth" for a Not -to -Exceed Amount of $1,500.00 Meridian City Council Meeting Agenda — Tuesday, September 28, 2010 Page 1 of 6 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. F. Professional Services Agreement with TRS Range Services for Indoor Multi -Use Training Facility Design for an Not -to -Exceed Amount of $239,000.00 G. Professional Services Agreement for Implementation and Configuration of a City Wide Planning, Permitting, Licensing and Code Enforcement System Including License and Maintenance Agreements for a Not -To -Exceed amount of $581,928.43 H. Memorandum of Understanding Between Brown Mackie College Boise and the City of Meridian for Participation in an Internship Program I. Approval of Award and Authorization of Issuance of a Purchase Order with APSCO, Inc for Turbo Blowers for a Not - To -Exceed Amount of $280,000.00 and Approval for the Purchasing Manager to Sign Purchase Order J. Water Main Easement for The Church of Jesus Christ of Latter Day Saints Located at 2555 Stoddard Road, Meridian K. Amendment to Original Contract Dated July 28, 2009 for a Supply of Ferric Chloride Solution for Use at the Wastewater Treatment Plant for Odor Control and Prevention of Struvite Formation with Weschem, Inc. for a Not -To -Exceed Amount of $100,000.00 L. Addendum No. 8 to Original Agreement Dated November 1, 2002 with the City of Boise for City Prosecutor/Criminal Legal Services for a Not -to -Exceed Amount of $282,660.00 M. Task Order #10022a Pursuant to the Master Agreement Approved by City Council April 13, 2010 for Meridian Wastewater Treatment Plant Facilities Plan with CH2M Hill for a Not -To -Exceed Amount of $128,224.00 This item was removed from Agenda N. Final Order for Approval: TE 10-018 Southridge Subdivision No. 1 by Linder 109, LLC et al. Located on the Southwest Corner of West Overland Road and South Linder Road: Request for an 18 -Month Time Extension to Obtain the City Engineer's Signature on the First Final Plat Meridian City Council Meeting Agenda — Tuesday, September 28, 2010 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. 7. 8. O. Findings of Fact and Conclusions of Law for Approval: AZ 10-001 by Ada County Located at Southwest Corner of N. Linder Road and W. Ustick Road: Request for Annexation and Zoning of 2.58 Acres from R1 (Ada County) to C -C (Community Business) Zoning District for Ada County Paramedics Linder Station P. Resolution No. 10-742: A Resolution of the Mayor and City Council of the City of Meridian, Amending the Text of the City of Meridian Comprehensive Plan to Amend the Meridian Design Manual for Design Review Q. Resolution No. 10-743: A Resolution of the City Council of the City of Meridian, Idaho Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Mayor of the City of Meridian to Donate a Vehicle to the City of Bonners Ferry, Idaho R. Added: Repair and Reimbursement Settlement Agreement with Oakleaf Development Company, Inc. and Bent Fender LLC d/b/a/ Treehaven for Repair Sanitary Sewer System Treehaven Subdivision Approved Community Items/Presentations A. The Naming of Centennial Park Shelter Approved Items Moved From Consent Agenda Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update B. Discussion on City Council Meeting Schedule 9. Action Items A. Continued Public Hearing from September 7, 2010: ZOA 10- 001 by City of Meridian Planning Department Request to Amend and Add to the Current Provisions of the Unified Development Code (Title 11 of Meridian City Code) Related to the Portable Classroom Standards Outlined in UDC 11-4-3-14 Education Institution Approved Meridian City Council Meeting Agenda — Tuesday, September 28, 2010 Page 3 of 6 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. Public Hearing: PP 10-001 for Spurwing Greens by Spurwing Greens, LLC Located North of Chinden Boulevard, Approximately 1/4 Mile East of Black Cat Road and West of Spurwing Subdivision Request: Preliminary Plat Approval for 214 Residential Building Lots and 16 Common Lots on Approximately 86.66 acres in an R-2, R-8 and R-15 Zoning District Approved with Conditions C. Public Hearing: VAR 10-001 for Spurwing Greens by Spurwing Greens, LLC Located North of Chinden Boulevard, Approximately 1/4 Mile East of Black Cat Road and West of Spurwing Subdivision Request: Variance to UDC 11 -6C -3B.4 to Exceed the Maximum Cul-de-sac Length Allowed in a Residential District for Block 24 Approved D. Public Hearing: RZ 10-001 for Fast Eddy's Ten Mile Station by ST Investments Located Southeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Rezone of 5.90 acres from C -N (Neighborhood Business) to C -C (Community Business) Zoning District Approved E. Public Hearing: CUP 10-007 for Fast Eddy's Ten Mile Station by ST Investments Located Southeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Conditional Use Permit for a Fuel Sales Facility, Convenience Store with a Drive-Thru and a Vehicle Washing Facility on Approximately 1.89 acres in a proposed C -C (Community Business) Zoning District Approved F. Public Hearing: TE 10-020 for Centre Point Subdivision No. 2 by Blue Marlin Investments, LLC Located on the Northwest Corner of East Ustick Road and North Eagle Road Request: 18 - Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Approved G. Public Hearing: TE 10-019 for Seyam Subdivision by Ronald Van Auker Located North Side of E. Franklin Road, Approximately 1,200 Feet east of N. Eagle Road Request: 18 - Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Approved H. Public Hearing: VAC 10-006 for Spring Creek by Douglas Clegg Located at 3165 N. Meridian Road Request: Vacate an Existing Irrigation Easement on the Site Continued to 10/5/10 Meridian City Council Meeting Agenda — Tuesday, September 28, 2010 Page 4 of 6 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. 10. i`p 12. Staff Requests to Continue to Next Available Meeting FP 10-007 for Commercial North by Brighton Properties, LLC Located East Side of North Linder Road, Approximately 1/4 Mile North of West McMillan Road Request: Final Plat Approval for One (1) Commercial Lot on Approximately 1.48 Acres in a C -G (General Retail and Service Commercial) Zoning District Approved J. Public Hearing: CPAT 10-001 by City of Meridian Planning Department Request: Amend the Text of the Comprehensive Plan Pertaining to the Mixed Use Land Use Designations Contained in Chapter VII Approved Continued Department Reports A. Mayor's Office: Resolution No. 10-744: A Resolution of the Mayor and the City Council of Meridian Appointing Dr. Bruce Gestrin from Joint School District No. 2, John Wasson from Ada County Highway District, and Faye Gabriel as Commissioners of the Meridian Traffic Safety Commission Approved B. Mayor's Office: Resolution No. 10-745: A Resolution of the Mayor and City Council of the City of Meridian Appointing Members to the Solid Waste Advisory Commission Approved C. Planning Department: Priority Transportation Projects - City Council Endorsement of Priority Roadway, Intersection, Sidewalk, and Pathway Projects to Send to the Transportation Agencies in Ada County Motion approved authorizing Planning Dept. to forward priorities on to proper agencies. D. Public Works: Water Conservation Plan Development Ordinances A. First Reading of Ordinance No. 10-1457: Texting While Driving B. Ordinance No. 10-1458: Board of Adjustment Ordinance Approved Other Items Meridian City Council Meeting Agenda — Tuesday, September 28, 2010 Page 5 of 6 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. A. Resolution No. 10-746: A Resolution of the Mayor and the City Council of the City of Meridian, Establishing Appointments for Members of the Meridian Board of Adjustment Approved Adjourned at 9:51 p.m. Meridian City Council Meeting Agenda — Tuesday, September 28, 2010 Page 6 of 6 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. Changes to the Agenda: RECEIVED Item 9.11- Public Works requests this be continued to October 5th SEP 2 8 2010 Item 9.A — Temporary Portable Classroom Text Amendment (ZOA-10-001) CITY OF C4�fE IDux Application: Zoning Ordinance Text Amendment CITY CLERKS OFFICE Summary of Request: The subject application proposes changes to the specific use standards in the UDC for Education Institutions. The UDC does not adequately address the temporary or permanent status of portable classrooms. The proposed amendment outlines the process and standards for establishing the use of portable classrooms and the applicability of design review. Staff believes that the proposed changes better define the requirements for establishing the use of portable classrooms on either a temporary or permanent basis. Further, it clearly defines the timeframe for the removal of a structure and the standards necessary for establishing a portable classroom as a permanent use. The amendment was drafted in consultation with the Joint School District No. 2. Commission Recommendation: Approval at their August 5, 2010 public hearing. Summary of Commission Public Hearing: i. In favor: Eric Exline ii. In opposition: Keith and Marva Watson iii. Commenting: Keith and Marva Watson, Wayne Hanners and Eric Exline iv. Written testimony: Keith Watson, Whitney and Eric Wood Key Issue(s) of Discussion by Commission: l .The portable classroom compatibility with surrounding residences and the school building. 2. The color and roofing material for portable classrooms. Key Commission Change(s) to Staff Recommendation: The Commission modified staff's recommendation and proposed standards 4e and 4f as follows: 4e. Exterior colors of the portable classrooms shall be compatible with the color of the primary school building; 4f. The roofing material on the portable classrooms shall be of a finish that emits a minimal amount of glare. Please note: We considered Council's request to have the roofing material match that of the principal school building. To our knowledge, the portable classrooms are engineered structures, i.e., it is specifically engineered and designed as constructed. If we were to require a new roof, it would likely require re-engineering the structure for that new roof. It may also impact the ability of the school district to move the structure. Building and Planning staffs provide this comment based on our limited knowledge of engineered structures. If Council would like us to investigate the matter more, we would be happy to do so. Outstanding Issue(s) for City Council: Staff has met with the representative from the School District. As a result of that meeting, staff is recommending an additional standard with the support of the School District. 4h. Where the portable classroom is located within 200 feet of a street and is visible from such street, the portable classroom shall be screened from view of the street with a minimum of one (1) evergreen tree per fifteen feet (15') of lineal structure. The tree shall be a minimum of six feet (6') in height. Written Testimony since P/Z Meeting: Staff received acknowledgement from the School District with the proposed changes. Representative from the School District is unable to attend tonight's meeting but has requested the Council take action the subject application. Notes: Item 9.B&C — Spurwing Greens (PP -10-001 and VAR -10-001) Location: The subject property is located on the north side of Chinden Boulevard; approximately '/ mile east of Black Cat Road and west of Spurwing Subdivision. Applications: Preliminary Plat and Variance History: • In 2006, the subject property was annexed as the Tree Farm (AZ -06-004 and AZ -06-050) and was granted approval with R-2, R-8, R-15, C -N and C -C zoning districts. A Development Agreement (DA) (#106151218) was executed upon annexation of the property. • The Jayker Subdivision preliminary plat (PP -06-058) was approved by Council on March 13, 2007. The preliminary plat consists of 277 residential lots, 1 commercial lot and 27 common lots on 142.97 acres. • The City Council approved the final plat (FP -07-026) for the first phase on October 26, 2007. Phase 1 platted with 140 residential lots and 21 common lots on 89.70 acres. Summary of Request: The applicant is requesting preliminary plat approval of 214 residential lots and 16 common lots for a total of 230 lots on 86.66 acres of land. The subject plat is bisected into two quadrants due the platting of Phase 1 of the Jayker Subdivision. The new preliminary plat has, within its boundaries, property that was preliminarily platted with the original Jayker preliminary plat in 2006. The previous plat consisted of 277 buildable lots and 27 common lots. The new plat consists of 354 lots and 38 common lots with an overall increase of 77 lots from the original approved plat.. The proposed plat has expanded the plat boundaries from the original plat and includes 29 additional estate lots along the northern boundary and 38 more single family lots along the western boundary. The request also includes a variance to exceed the 450 foot cul-de-sac length allowed in the residential districts. Access: The only public street access into this subdivision is provided from N. Tree Farm Way, a collector street. Tree Farm Boulevard, which is the main entry into this development, intersects with Chinden Boulevard at the half mile point between Ten Mile Road and Black Cat Road consistent with the UDC. This roadway was constructed with Phase 1 of the Jayker Subdivision. No other access points are approved or requested with the subject application. A gated driveway connection with the Spurwing Subdivision located along the eastern boundary of Block 27, south of the tennis facility. This gated drive will serve as an emergency access for the Meridian Fire Department. Street Connectivity/Stub Streets: The proposed local street network provides connectivity with other stub streets constructed with Phase 1 of the Jayker Subdivision. Stub streets include: Jayker Way (stubs to the north, Teco One Property); W. Tira (stubs to the north, Teco One property); N. Tree Haven Way (stubs to the northwest, Carnahan property), W. Ryder Cup (stubs to the west), W. Bay Oak (stubs to the east, Henkel property) and N. Summer Glen (stubs to the south, Henkel property.) Commission Recommendation: Approval at their August 19, 2010 public hearing. Summary of Commission Public Hearing: i. In favor: Rod Blackstead and David Turnbull ii. In opposition: None iii. Commenting: Rod Blackstead and David Turnbull iv. Written testimony: Mike Wardle Key Issue(s) of Discussion by Commission: i. Timing for the Community Center. ii. Lot frontage requirements of the UDC. iii. Open space and amenities existing and planned for the development. Key Commission Change(s) to Staff Recommendation: i. The Commission modified condition 1.1.1 to allow the alternative for common driveways. ii. The Commission modified condition 1.1.6 requiring the community center be constructed and ready for occupancy prior the issuance of the 325th building permit. Outstanding Issue(s) for City Council: ACHD's site specific conditions of approval were unavailable at the time of the Commission hearing. ACHD has conditioned the applicant to relocate the southern stub street (N. Summer Glen) 471 feet to the east to align with the private street (N. Double Eagle Lane) that serves the Westwind Estates Subdivision in the County. The Commission's recommendation was based on the current location of the stub street. If the stub is realigned as conditioned by ACHD this would cause the block face to exceed the 750 -foot block face length required by ordinance. Where the block lengths exceed the 750 -foot block length requirement, the Council may approve a pedestrian connection to help break up the block length. Staff is recommending a pedestrian connection if the Council supports ACHD in the relocation of the stub street. Written Testimony since P/Z Meeting: Listed below are comments received from the applicant after the Planning and Zoning Commission Hearing: Condition 1.1.3 and the 3rd bullet of condition 1.1.8 will be resolved by City Council action on the variance request. At Council approval of the variance, those conditions will be deleted. Staff response: If Council grants approval of the variance condition 1. 1.3 cannot be deleted in its entirety. It should read: provide stub streets as proposed on the plat. Condition 1.1.8 it may be stricken from the staff report. Condition 1.1.6 - To restate our August 19th request to the Planning & Zoning Commission: "Residents of Spurwing Greens will be provided with social memberships to the Spurwing Country Club with access to all services andfacilities, except golf, but including swimming and other amenities. Thus, with the addition of the tennis court complex currently under construction, Spur Wing Greens residents will have access to amenities proposed by the community center from the day they move into the project. A community center will be constructed at the site within the project as initially proposed but at a size, approximately 1,800 square feet, and character scaled to a community half the size of the original proposal, and with the above - noted facilities having already been provided. Further, it is requested that the community center be constructed prior to issuance of the 351st buildingpermit rather than the 201st as recommended. " Request: That the Council approve the applicant's request for community center construction prior to the 351st building permit. Staff response: The Commission required the community center be constructed and ready for occupancy prior the issuance of the 325`x' buildingpermit as opposed to the 200`x' buildingpermit recommended by staff Condition 2.2: It is our understanding that the City has, through separate discussions, concluded that Phase 1 sanitary sewer system deficiencies are not the responsibility of the Applicant. Thus, this condition should be deleted. Staffs Response: Public Works will address this issue for Council. Condition 7.1.1: According to ACHD staff, this condition has been corrected to note that the ten foot -wide sidewalk is located on the easterly side of Jayker Way. Staffs Response: Error in ACHD's staff report. The condition has been modified by ACHD staff in accord with Staffs recommendation for a 10 foot pathway on the east side off. Jayker's Way. Condition 7.1.5: ACHD is requiring re -relocation of the south stub to the undeveloped property west of Westwind Estates Subdivision. Given the block length implications of that change, the applicant will work with City and ACHD staff, and the property owner to find a solution for the street connection. The result may differ from the current requirement, thus, the applicant acknowledges that this matter will be resolved at final platting of the affected area. Staffs Response: Staff has outlined the issue in outstanding issues section above. Notes: Item 9.D&E — Fast Eddy's Ten Mile Station (RZ-10-001 and CUP -10-007) Location: The site is located on the SWC of N. Ten Mile Road & W. Pine Avenue. Applications: Rezone, Conditional Use Permit and Design Review History of Previous Actions: In 2003, this property was annexed and zoned (AZ -03-009) R-15 and C -N and preliminarily platted (PP -03- 010) with 31 building lots and 5 other lots on 11 acres of land as part of The Courtyards at Ten Mile Subdivision. A development agreement (Inst. No. 103184142) was recorded at the time of annexation. A Conditional Use Permit for a Planned Development (CUP -03-020) was also approved that allowed for reduced lot sizes, reduced frontage requirements, reduced setbacks, reduced home sizes, cul-de-sac length, and to allow residential lofts above retail buildings. A final plat (FP -03-064) for The Courtyards at Ten Mile Subdivision including the subject property was approved in 2003 for 28 multi -family residential attached building lots, 3 office/commercial lots, and 10 common lots on 11 acres of land in the R-15 and C -N zoning districts. • A property boundary adjustment (PBA -10-006) for Lots 4, 5 and 7, Block 1, of The Courtyards at Ten Mile Subdivision was approved by the Director on June 21, 2010. • A vacation application (VAC -10-005) for Lots 4, 5 and 7, Block 1, of The Courtyards at Ten Mile Subdivision was approved by City Council that vacated access/utility easements. New access/utility easements have been recorded to service the proposed development. Summary of Request: The request is to rezone 5.90 acres of from the C -N (Neighborhood Business District) zoning district to the C -C (Community Business District) zoning district. The rezone includes three commercial lots. Concurrently (per the recorded development agreement), a Conditional Use Permit (CUP) and Design Review (DES) approval is requested to develop the site with a fuel sales facility, a 6,287 square foot convenience store with a drive- through and a 3,495 square foot vehicle washing facility on 1.89 acres. Both the fuel sale facility and vehicle washing facility are subject to specific use standards. Access: Access to the site was granted with approval of the Courtyards at Ten Mile Subdivision. With that approval, right-in/right-out access points were granted to Ten Mile Road and Pine Avenue. In addition, four (4) full access points were approved to W. Treva Drive and N. Grey Cloud Way. All access points are currently constructed for the site. Commission Recommendation: Approval at their August 19, 2010 public hearing. Summary of Commission Public Hearing: i. In favor: Steve Eddy ii. In opposition: None iii. Commenting: Steve Eddy iv. Written testimony: Applicant commented on the staff report. Key Issue(s) of Discussion by Commission: Hours of operation fort he proposed facility. Key Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None Written Testimony since P/Z Meeting: Applicant reaffirmed agreement with the Commission's recommendations. Notes: Item 9.F — Centre Point Subdivision No. 2 (TE -10-020) Location: The site is located on the NWC of E. Ustick Road and N. Eagle Road. Application: ➢ Preliminary Plat time extension History: • The preliminary plat for Centre Point Subdivision No. 2 was approved by Council on February 27, 2007. The preliminary plat would have expired on February 27, 2009 if a time extension had not been granted. • An 18 -month time extension to obtain the City Engineer's signature on the final plat was approved by the Director on November 4, 2008 and expired on August 27, 2010. • A final plat application was approved by City Council on May 15, 2007 but has not yet received City Engineer signature as required by UDC 11-6B-7. Summary of Request: The request is for a second 18 month time extension for the preliminary plat to obtain the City Engineer's signature on the final plat for Centre Point Subdivision No. 2. Staff Recommendation: Approval (to expire February 27, 2012) Staff is not recommending any new conditions of approval with the subject time extension. Outstanding Issue(s) for City Council: None Written Testimony: The applicant, Jonathan Seel, has submitted a letter in agreement w/the staff report. Notes: Item 9.G — Seyam Subdivision (TE -10-020) Location: The site is located on the NWC of E. Ustick Road and N. Eagle Road. Application: ➢ Preliminary Plat time extension History: • The preliminary plat for Seyam Subdivision was approved by Council on January 9, 2007. The preliminary plat would have expired on January 9, 2009 if a time extension had not been granted. • An 18 -month time extension to obtain the City Engineer's signature on the final plat was approved by the Director on February 4, 2009 to expire on August 6, 2010. • A final plat application for Seyam Subdivision was approved by Council on January 26, 2010 but has not yet received City Engineer signature as required by UDC 11-6B-7. Summary of Request: The request is for a second 18 month time extension for the preliminary plat to obtain the City Engineer's signature on the final plat for Seyam Subdivision. Staff Recommendation: Approval (to expire February 6, 2012) Staff is not recommending any new conditions of approval with the subject time extension. Outstanding Issue(s) for City Council: None Written Testimony: Ronald Van Auker Jr. has submitted a letter in agreement w/the staff report Notes: Item 9.I — Commercial North Subdivision (FP -10-007) Location: The property is located on the east side of Linder Road, north of McMillan Road. Application: Final Plat Highlights of Proposed Development: The applicant has applied for final plat approval of 1 commercial lot on 1.48 acres of land. This is the second final plat proposed for Paramount Commercial Southwest Subdivision. As part of this phase, the applicant is proposing to plat one commercial lot and extend W. Deer Crest Street to create local street access for the proposed commercial lot and the adjoining developing 3.49 acre parcel (approved for a self service facility) located north and east of the proposed subdivision. The proposed subdivision is currently zoned C -G (General Retail and Service Commercial District). History: The City Council approved the preliminary plat for Paramount Commercial Southwest Subdivision on September 25, 2007. The plat contained 18 commercial lots on 18.5 acres of land in a C -G zoning district. The first phase platted with four (4) commercial lots on 3.77 acres and is not contiguous with the subsequent phase. Outstanding Issues before Council: None Staff Recommendation: Approval; the final plat substantially complies with approved PP. Applicant Provided Written Agreement with Conditions: Applicant is in agreement with the conditions in the staff report. Notes: Item 9.J — Mixed Use Revisions Text Amendment (CPAT-10-001) Location: The changes proposed would apply citywide to properties with a Mixed Use designation. Application Summary: The subject application proposes a host of changes to the Text of the comprehensive plan. All of the changes are proposed in Chapter VII, between pages 100 —107. The Planning Department is proposing to update the definitions of the Mixed Use categories contained in the Plan. Planning Staff has drafted the changes and solicited input from some developers, property owners, real estate agents, and the Building Contractors Association of Southwest Idaho. Staff believes that the proposed changes to the Mixed Use definitions in the Text does a better job of guiding developers, staff, and decision makers as to what mixed use projects should look like; the changes make the definitions more understandable and user-friendly. The Text changes proposed with this application are both in content and format of the Plan. Because the Mixed Use — Regional, Mixed Use — Non -Residential, and Mixed Use — Interchange definitions were amended within the past couple of years, most of the existing text in these sections is not changing. The most significant changes are proposed to the "general" Mixed Use and Neighborhood Center definitions, and the Mixed Use — Neighborhood and Mixed Use — Community definitions. Staff has attempted to organize the layout of the various definitions in a standard format. New figures, to visually show what mixed use could look like in each of the designations are also part of the subject application. NOTE: Staff is working on improving these figures and we should have new exhibits to roll-out with the Plan reformat application later this year or early 2011. Commission Recommendation: Approval at their August 19, 2010 public hearing. Summary of Commission Public Hearing: i. In favor: Planning Department ii. In opposition: None iii. Commenting: None iv. Written testimony: None Key Issue(s) of Discussion by Commission: Maximum building size in the Mixed Use- Neighborhood and Mixed Use -Community guidelines in relation to the development of future school sites. Key Commission Change(s) to Staff Recommendation: The Commission recommended language that exempts schools from the maximum building square footages proposed with the Mixed Use -Neighborhood and Mixed Use - Community guidelines. Outstanding Issue(s) for City Council: None Written Testimony since P/Z Meeting: None Notes: Meridian City Council Meeting September 28, 2010 A Council meeting of the Meridian City Council was called to order at 7:10 p.m., Tuesday, September 28, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President David Zaremba, Charlie Rountree, and Keith Bird. Members Absent: Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Bill Parsons, Kyle Radek, Steve Siddoway, Bill Johnson, Scott Colaianni, Tom Barry, Jeff Lavey, Warren Stewart and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd de Weerd: Thank you for waiting. We appreciate your patience and welcome to our City Council meeting. For the record, it is Tuesday, September 28th. It's 7:15. We will start tonight's regular meeting with roll call attendance. Item 2: Pledge of Allegiance de Weerd: Thank you. 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 Dale Newberry with Ten Mile Christian Church de Weerd: Item No. 3 is our community invocation. Tonight we will be led by Dale Newberry. He's with Ten Mile Christian Church. 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 us, Dale. Newberry: Thank you. Our Father in Heaven, we bow before you giving you adoration and praise. Lord, we -- we are continually amazed at that creator of all things, the creator of the heavens ad the earth would die for us. And, Lord, we recognize that you are the fount of all wisdom and that you tell us if we desire wisdom to ask you. Lord, we are doing that tonight. We pray that you will give us the wisdom, your wisdom, to address problems, to solve issues and, Lord, to honor you in all the ways that we do Meridian City Council September 28, 2010 Page 2 of 54 those. Thank you for your love. Thank you for your grace and may it imbue us that we will, in turn, give grace to those we deal with, in Jesus' name, amen. de Weerd: Thank you for joining. Have I given you a City of Meridian pin? I would like to present that to you for leading us this evening. Newberry: Well, could I just say a brief word? de Weerd: Uh-huh. Newberry: I'd just like to thank you for sending Brenda Sherwood to Chicago the week before last. She was an absolute joy to us. de Weerd: Bill, could you speak into that mike? Thank you. Newberry: Anyway, I'd like to thank you for sending Brenda to Chicago. She was a delight to be with us. She's a hard working young lady, vivacious, good sense of humor, and all the guys in our booth just loved her and I think she made a lot of contacts that week with site developers and community leaders there and, like I say, you don't see a return on those kinds of investments immediately, but I really believe that she laid some groundwork there for Meridian. So, thank you. de Weerd: Well, Bill, I think she also had some very impressive things to say about your company, your employees, and the reputation you have in the manufacturing world and that speaks very highly of you and your team as well. So, we appreciated the opportunity to stand next to you at your booth and to work together to better our community and that's what it's all about; right? Newberry: Yes, it is. Thank you. de Weerd: Thank you. Oh. And, Dale, I understand that -- Dale? I understand that Brenda does have a new title, like CBO or something like that. Newberry: She gave it to herself. de Weerd: That was BB, but your guys came up with Chief Bunny Officer. Yes. Well, thank you. Item 4: Adoption of the Agenda de Weerd: Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? de Weerd: Yes, Mr. Zaremba. Meridian City Council September 28, 2010 Page 3 of 54 Zaremba: For tonight's agenda under the Consent Agenda, which is Item 5. Item 5-M has been asked to be removed. We will deal with that another time, but it will not be on tonight's Consent Agenda. Still on the Consent, Item 5-P, the resolution number is 10- 742. Item Q, the resolution number is 10-743. And we need to add another item to the Consent Agenda, 5-R, and that is repair and reimbursement agreement -for repair of sanitary sewer system, Tree Haven Subdivision. Then, under Item 9, the action items, Item H has been asked to continue to the next available meeting. When we get to that we will decide what that meeting is, but it will not be heard tonight. Under Item 10, Continued Department Reports, Item A, the resolution number is 10-744. Item B, the resolution number is 10-475. Item 11, Ordinances, Item A, the ordinance number is 10- 1457. Item B, the ordinance number is 10-1458. Item 12, Others, the resolution number is 10-746. And with those amendments and adjustments, I move that we adopt tonight's agenda. Rountree: Second. de Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of September 7, 2010 City Council Special Meeting B. Approve Minutes of September 7, 2010 City Council Regular Meeting C. Citizen's Survey Contract with Infogroup/ORC for a Not -to - Exceed Amount of $25,000.00 D. Confidentiality Agreement Between the City of Meridian and Northwest Pipeline, GP for Transfer of Geographic Information System (GIS) Data E. Professional Services Agreement with Chief Joseph Elementary School to Provide Artist in Residence to Teach Golden Rule Themed Dance Workshop Series and to Produce a Dance Performance Titled "Old Turtle and the Broken Truth" for a Not -to -Exceed Amount of $1,500.00 F. Professional Services Agreement with TRS Range Services for Indoor Multi -Use Training Facility Design for an Not -to -Exceed Amount of $239,000.00 Meridian City Council September 28, 2010 Page 4 of 54 G. Professional Services Agreement for Implementation and Configuration of a City Wide Planning, Permitting, Licensing and Code Enforcement System Including License and Maintenance Agreements for a Not -To -Exceed amount of $581,928.43 H. Memorandum of Understanding Between Brown Mackie College Boise and the City of Meridian for Participation in an Internship Program I. Approval of Award and Authorization of Issuance of a Purchase Order with APSCO, Inc for Turbo Blowers for a Not - To -Exceed Amount of $280,000.00 and Approval for the Purchasing Manager to Sign Purchase Order J. Water Main Easement for The Church of Jesus Christ of Latter Day Saints Located at 2555 Stoddard Road, Meridian K. Amendment to Original Contract Dated July 28, 2009 for a Supply of Ferric Chloride Solution for Use at the Wastewater Treatment Plant for Odor Control and Prevention of Struvite Formation with Weschem, Inc. for a Not -To -Exceed Amount of $100,000.00 L. Addendum No. 8 to Original Agreement Dated November 1, 2002 with the City of Boise for City Prosecutor/Criminal Legal Services for a Not -to -Exceed Amount of $282,660.00 N. Final Order for Approval: TE 10-018 Southridge Subdivision No. 1 by Linder 109, LLC et al. Located on the Southwest Corner of West Overland Road and South Linder Road: Request for an 18 -Month Time Extension to Obtain the City Engineer's Signature on the First Final Plat O. Findings of Fact and Conclusions of Law for Approval: AZ 10-001 by Ada County Located at Southwest Corner of N. Linder Road and W. Ustick Road: Request for Annexation and Zoning of 2.58 Acres from R1 (Ada County) to C -C (Community Business) Zoning District for Ada County Paramedics Linder Station P. Resolution No. 10-742: A Resolution of the Mayor and City Council of the City of Meridian, Amending the Text of the City of Meridian Comprehensive Plan to Amend the Meridian Design Manual for Design Review Q. Resolution No. 10-743: A Resolution of the City Council of the Meridian City Council September 28, 2010 Page 5 of 54 City of Meridian, Idaho Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Mayor of the City of Meridian to Donate a Vehicle to the City of Bonners Ferry, Idaho R. Added: Repair and Reimbursement Settlement Agreement with Oakleaf Development Company, Inc. and Bent Fender LLC d/b/a/ Treehaven for Repair Sanitary Sewer System Treehaven Subdivision de Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: As previously noted, Item 5, the Consent Agenda, is without Item M. Item P was resolution 10-742. Item Q, resolution 10-743. And the Consent Agenda does include Item R, which is reimbursement agreement for Tree Haven Subdivision sewer. With that I move we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest. Bird: Second. de Weerd: I have a motion and a second. Any discussion? Rountree: I have none. de Weerd: Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. de Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. de Weerd: Well, I do want to recognize a face in the audience that I haven't seen for some time. Jack Sweet. It's nice to see you here. I don't know, are you here for the item that was just continued? Are you hear for Item 9-H? Sweet: I just came to get cool. Item 6: Community Items/Presentations A. The Naming of Centennial Park Shelter Meridian City Council September 28, 2010 Page 6 of 54 de Weerd: Well, you came to the right place. If you want to borrow my coat, I would be more than happy to lend it to you. Item 9-H is being -- they have requested to continue to our next meeting, in case that is the one you're here for. So, with that said, Item No. 6 is our Community Items/Presentations for naming of Centennial park shelter. I'll turn this over to Steve Siddoway. Siddoway: Thank you, Madam Mayor, Members of the Council. I come before you tonight to recommend that we name the new picnic shelter in Centennial Park for Terry Smith. We have received a letter from the Mayor making this recommendation. I would like to read just an excerpt from it into the record. I know everyone knows Terry Smith here, I believe, but Terry was a long time businessman and an active volunteer in Meridian and represented the best in our community. Terry was all the things our community stands for, a pillar in our town, and known by many as Mr. Meridian. Terry Smith was a man of faith, a man who loved his family. He was a banker, Meridian Kiwanis leader, president of and ambassador for the Chamber of Commerce, involved in preserving and sharing our rich history, a believer and supporter of youth and a train enthusiast. Terry was a common -- a community advocate and the energy behind projects such as Eagle Road interchange, Generations Plaza, which has benefited me greatly, and the creation of the Urban Renewal District as the Main Street LID that brought street trees and sidewalks to downtown and dare I mention split corridor and the years of debate. He was known through his service on the countless committees and philanthropic involvements as an individual who unselfishly dedicated an entire life to this community and others in it. Terry was truly a man who has made a significant difference in our community. The parks amenities and signage committee has reviewed this recommendation. They have forwarded a recommendation to the full commission, recommending approval of this naming of the Centennial Park shelter in honor of Terry Smith. Earlier today the Parks and Recollection Commission met and took action on it and have formally recommended to the City Council approval of the naming of the shelter in Centennial Park for Terry Smith and I'm here to represent that to you tonight and seek your approval. If approved, we will move forward with that immediately and try and get that accomplished in the next -- in the first couple weeks of October. We are tentatively targeting October 12th as a date, but let me stop here and ask for any questions and seek your feedback. de Weerd: Thank you, Steve. Any questions from Council? Bird: I have none. Rountree: I have no questions. Madam Mayor, it would be my honor to move that we approve the recommendation and move forward with the naming of the shelter in honor of Terry. Bird: Second. Zaremba: Second. Meridian City Council September 28, 2010 Page 7 of 54 de Weerd: I have a motion and a second. Any discussion? Steve, I would like to thank the commission for having the special meeting and coming together and getting this taken care of for it to be on the Council agenda tonight. So, our thanks to you and your staff and the commission for -- Siddoway: I would just represent back, too, that every one of the commissioners participated in that special meeting, which was remarkable on fairly short notice and we wanted to get this done. So, we made it happen and we are before you tonight. If might just also mention that following Terry's funeral we did put out the word -- the Mayor asked for a tree -- a memorial tree and we did receive all the funds necessary to do a tree. The Kiwanis Club has also expressed interest in doing a bench, so we would anticipate having the bench and tree as part of the naming ceremony in the park at the same time that we do the naming of the shelter. So, we will move forward on all those fronts and confirm the date with you shortly. de Weerd: Yeah. It just made the timing critical to have a tree that had some leaves on it when we plant -- when we have the ceremony. If there is no discussion, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. de Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Items Moved From Consent Agenda de Weerd: There were no items moved from the Consent Agenda. Item 8: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update de Weerd: We will move to Item 8 under Department Reports. Tonight I have the pleasure of introducing or recognizing Eli Nary, our Mayor's Youth Advisory Council chair for the 2010-2011 school year. E.Nary: Madam Mayor, Members of the commit -- Members of the Council. Sorry. It's been awhile since I have been here, but as you all probably know, my name is Eli Nary and I'm the chair of the Meridian Mayor's Youth Advisory Council, as the Mayor said. It's great to be back and as hopefully you know, every month, like we did last year, we will have more council members to come from our executive council and also from our general council, which has many new faces. In fact, this year so far -- at our first meeting we had 48 -- we had 48 people in attendance. At our last meeting we had 45, but of those 45 there were plenty of new faces of people that we hadn't met -- yet met Meridian City Council September 28, 2010 Page 8 of 54 and of those 45 many of them were incredibly active in discussions about different events, such our Teen Activities Council. A couple weekends ago we had our first Teen Activities Council party, which was a back -to -school barbecue on the 17th of September. At the back -to -school barbecue we had around 20 to 30 people that came, which seemed like a good turn out, because it was also the night of a football game, which is also kind of hard with our planning, but of those 20 or 30 people we socialized, we met, we interacted with a whole new group of people, along with old faces and new. And so I felt it was a great success and, then, the next day we also had the parks and recreation block party. At the block party we ended up having 12 volunteers for the 3,000 people that were at that event. It was a great event for MYAC and it was a great way to kick off the year. And, finally, I just wanted to thank the Mayor for all the work that she's done this summer and supporting us in everything we do. As well as Allison Kaptein, of Parks and Recreation Department, for being our liaison between the Parks and Rec Department and the Teen Activities Council, as well as Adrian, who is -- who is returning for a fourth year as a volunteer to help us with our government affairs committee. Thank you. And I open myself to questions. de Weerd: Thank you, Eli. Council, any questions? Rountree: I have none. Bird: I have none. de Weerd: We have held two meetings and so you should hear at the next report next month kind of an overview of the year ahead. We are entering into those discussions with the first introductory subcommittee discussions and so we look forward to next month's report. Eli: Great. Thank you. B. Discussion on City Council Meeting Schedule de Weerd: Thank you, Eli. Okay. Item 8-13 is discussion on the City Council meeting schedule. I'll turn this over to our city clerk. Holman: Madam Mayor, Members of the Council, there was discussion at last Friday's agenda setting meeting regarding the three meetings that we have getting kind of longer and longer agendas. Our second workshop meeting seems to be really, really long, because all the departments have to put all of their items -- or try to push them towards that meeting. That leaves us with just two meetings, the first and the fourth for public hearing items, so sometimes I think it causes a few issues here and there trying to get things scheduled between that first and fourth meeting and the long gap that sometimes happens. So, we were going to bring it back up for discussion and I don't know, Councilman Zaremba, you had some comments on Friday also, if you wanted to discuss it also, so -- Meridian City Council September 28, 2010 Page 9 of 54 Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I just -- one thing. I had always expected that we would have four meetings a month, so although I have enjoyed having one of the weeks off from the evening meetings, as the meetings have gotten longer my feeling is I don't do the best thinking that late at night after we have been here for many hours and my preference would be to have -- go back to having four meetings a month, hoping that they would be shorter. That, in addition to the observation that the Mayor made during our last meeting, that our workshop is beginning to have a lot of other items on it that aren't necessarily what we intend to be workshop items, because it's too long to make the public to wait, essentially three weeks if they don't get on the first meeting, they are on the fourth Tuesday, and I just wanted to open it up for discussion. I have expressed my opinion that I would like to go back to meeting four times a month, the second one being the workshop, and be a little more exclusive about what's on that agenda, but I wanted to hear from the other councilmen. de Weerd: Council, any comments or -- Bird: Madam Mayor? de Weerd: Yes, Mr. Bird. Bird: I have no problem going back to four. We signed up when we got elected to be at Council meetings regardless of how many they had a month. My only problem is our workshops are long in my opinion because for the simple fact we hear the same message every week from the same departments. We have got eight departments, we have got 12 months, I don't know why one department can't take a month at a time, but that's not -- I'm not the scheduler or nothing else and I will be here to listen. But I can go back to four, but -- and I like the shorter meetings, too, but I don't want to -- I don't want to have meetings just to have meetings. I want to make sure that there is stuff to do and I don't see the applications or the building coming in that we have had -- we had three years ago and so, I don't know, if we got -- if we got it all I will be here. It depends on what the rest wants. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I'm fine with returning to our old schedule, which was four Tuesdays in the month. Where the workshop is -- I don't know what Tuesday you pick, whether it's the second or the last, the only concern I have is that we have -- not only have we totally gotten away from what we originally wanted to do in a workshop, lately we shied away from it significantly in the past and I would like to see us go back to items that are not action items, items that are for discussion and for us to learn and hear about, so we Meridian City Council September 28, 2010 Page 10 of 54 have some time to contemplate what it is we want to do with either an ordinance or a particular subject. So, I'd like to see us get back to that instead of having business as per usual with lots of other kinds of activities on at least one of those evenings, which is -- now it's been the second Tuesday, whether it's -- I will let the clerk and the Mayor decide which might be the most appropriate time based on how things come in that do need business kinds of actions, whether it's permits or those sorts of things that we seem to get last minute and for some reason all the time and I would think we could schedule those the first part of the month or the last month part of the month or whatever. Anyway, going back to four is fine. de Weerd: Thank you, Council. I think with adding that third Tuesday back in, it will eliminate the need for the Consent Agenda on -- on our workshops. I will tell you whether it's a dog at large ordinance or backflow prevention topic -- because we have a lot of things still going on regardless of whether we have public hearing and development applications, it doesn't stop the flow of ordinances that we find all of a sudden are a misdemeanor, instead of an infraction that we all assumed or other types of discoveries that these are timely and we can't wait for that annual strategic piece. Some our departments also are much larger than others, that demand a longer period and our attention spans are only so long, we can only listen to strategic planning items no more than an hour and so those other ancillary policy based things do need to come in addition to some of those other more long-term visionary aspects. So, I do believe that with this additional meeting added back in we can start distributing some of those topics to other agendas and so it's not all laid out on the workshop and we will go back to trying to time -- time the workshop items that give better direction to that regard as well. Nary: Madam Mayor? Zaremba: Madam Mayor? de Weerd: Yes, Mr. Zaremba. Zaremba: And this may be a question for Mr. Nary and maybe he was going to bring it up. When we went to three we actually took a vote and it was a change of either an ordinance or bylaws or something like that. My question is do we need to undo that in the same manner? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, we would. We would have to bring you back a new ordinance change. Currently the ordinance says you meet on the first and fourth Tuesdays of the month for regular business meetings and a workshop on the second Tuesday of the month. So, if the desire is to add in the third, we can either put it in that front section and just include the third Tuesday of the month. In October I don't think you have any planned off weeks. In November -- or we have that -- it's November where there is a fifth Tuesday and December you have generally in the past not met the week between Christmas and New Year's. But we can -- we can bring a change back next week if you would like. Meridian City Council September 28, 2010 Page 11 of 54 The only other thing I was going to suggest -- Council Member Hoaglun isn't here tonight and I know there have been occasions that he had planned around the week that -- that you didn't meet, to take care of other business with his real job. So, I don't know if -- if you had any opportunity to discuss with him if he had an issue, but that was the only other thing I thought since he wasn't able to be here tonight. But if you would like I can bring back an ordinance next Tuesday with it changed to three meetings a month or four meetings a month if you would like. So, whatever your preference. de Weerd: Mr. Nary, I think it would be helpful if we talk about this at the agenda setting meeting on Friday and give us an opportunity to talk to Councilman Hoaglun as well -- Nary: Okay. de Weerd: -- prior to bringing something back to Council. Rountree: That would be good. Item 9: Action Items. A. Continued Public Hearing from September 7, 2010: ZOA 10- 001 by City of Meridian Planning Department Request to Amend and Add to the Current Provisions of the Unified Development Code (Title 11 of Meridian City Code) Related to the Portable Classroom Standards Outlined in UDC 11-4-3-14 Education Institution de Weerd: Okay. Very good. Thank you so much. Okay. Item 9 under Action Items. We will start with continued public hearing on Item 9-A on ZOA 10-001. Canning: Madam Mayor, Members of the Council, this is a continued public hearing, so I'll just quickly get you up to speed. There was two key changes from staffs recommendation by the Planning and Zoning Commission. One was that the exterior colors of the portable classroom shall be compatible with the color of the primary school building and the second was that the roofing material on the portable classrooms shall be of a finish that emits a minimal amount of glare and at the last hearing there was two questions and, unfortunately, there was no representative from the school district. The first question was can we just have them replicate, basically, the roofing material on the main school structure and the second question was can we add something about planning for these portable classrooms in the original school layout. So, we have addressed the first question and that would be at the very beginning of that section under education institutions for the section starting the port able classroom discussion, we will just add a condition that the site plan for all education institutions shall include the location of any future portable classrooms, temporary and/or permanent. So, I think that will address the issue. The school district had no concerns. They are trying to start to do that a lot and they definitely saw the value in trying to plan for that ahead of time. Meridian City Council September 28, 2010 Page 12 of 54 Rountree: Good. Canning: The other item was regarding a new roofing material and I spoke with Daunt in the building department and our limited knowledge of engineering -- engineered structures, which these portable classrooms are engineered structures, is that once you change a component of that that you, basically, have to hirea structural engineer and reengineer the structure and we can look into that further, but we both felt pretty confidence with that assessment, in that if you put a new roof on these probably are going to require a structural engineer to reengineer it and, then, we are not sure if it's still portable after that time. So, in the hearing last time it didn't seem like it was an overriding concern, so I kind of left it at that level of analysis. Now, if it's a bigger concern than I had realized, we can certainly go back and look at that, but, again, the idea with these portable ones is that they will truly be portable, not like the 90 percent of the portables that they have, which are not portable. So, there are some of them that have asphalt shingle roofs, but those are ones that aren't portable at this time and they are probably just going to die in place, so to speak. The other provision we added was regarding some additional screening and this was just something that the representative from the school district Mr. Exline and staff came up with to address the screening standard for these where there is a street, because we knew there had been a concern on the proximity of the portable classrooms to a street and that's down there at the bottom of the page, it says G, where the portable classroom is located within 200 feet of a street and is visible from such street, the portable classroom shall be screened from view of the street with a minimum of one evergreen tree per 15 feet of lineal structure. The tree shall be a minimum of six feet in height. So, that was an additional standard that just came out of our conversation related to the site planning for it and perhaps even getting some trees there in advance to screen those portable classrooms. And with that I will answer any questions. de Weerd: Thank you. Council, any questions? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: Anna, going back to the roof, changing the material that covers the roof has nothing to do with the structure of the roof, you still got the same structure under there, whether it's tin or whether it's asphalt shingles. I can't see why we would say that it would have to be reengineered to put a different material on the roof. I could be wrong, butt -- Canning: Mr. Bird -- and I can research that further for you. I can give you the one example that I'm aware of. When mobile homes or port -- manufactured homes, when they came into the building department at Ada County at the time I was working there, if someone wanted to add a porch we were required that they get a sign off by a structural engineer to certify that that connection to the -- to the existing structure still met standards and that -- again, it's -- I don't have a whole lot of experience and if you want Meridian City Council September 28, 2010 Page 13 of 54 me to research this more, you could be completely right, Mr. Bird, and we can do more research if it's important an issue that you'd like us to follow. And I can't see you today. There we go. So -- Bird: Anna -- and I just know that in construction trailers, while they are not -- the ones I had built weren't quite the size of that, I could -- I mean my roof structure was the same whether I put tin on it or whether I put asphalt roofing. The only thing that changed is you had a flat roof or a pitched roof and, I don't know, I just -- to me it's a -- it's a big item, because I don't want tin roofs out there. Nary: Madam Mayor? de Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I was at the Planning and Zoning Commission meeting, so I mean I can at least tell you what the school district testified about and what the neighbors' concerns were. The neighbors were concerned that the roofs were shiny and reflective and so what, basically, Mr. Exline testified about was that there were some of the disconnects I think for the public sometimes on these is they see a number of these portables on elementary school properties and they have significantly been changed with roofing material or siding material and those types of things. Those aren't intended to be moved any longer, so they have -- they are following a different standard and when they purchase these particular portables they are prefab, state bid, contracted portables. So, their concern was that by adding different material or putting roofing material on there they are changing the structure of the building and making it less able to be portable in the future. The idea is -- and that's why our ordinance that's proposed has a limitation on the time limit that they can have it there. Before they would, then, have to meet design review and, then, probably have this discussion which you're -- that you're concerned with now, Mr. Bird, on whether it matches the neighborhood, whether the siding or roofing materials are consistent with the surrounding area. The intent of these to be there for no more than I think four years and, then, move them somewhere else and so the school district was just concerned that by putting more -- more materials on this it makes it less likely they can move it. So, that's -- that was, really, their concern and the neighbors were perfectly satisfied when all that really is -- all that was really required was that it not be reflective. That's the only issue they had, so -- if that was any help to you. Bird: Okay. de Weerd: Thank you. Any other questions from Council? Rountree: I have none. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Meridian City Council September 28, 2010 Page 14 of 54 Zaremba: I guess I'd chime in on the same subject. I'm not so concerned about what the material is, I think just the lack of glare is the goal and however they accomplish that is fine with me. Not to confuse the issue, but I have had a phone call from a citizen in the interim since our last discussion, who lives near an elementary school that has a temporary building and she thought the temporary building was just fine, but it turns out there were two porta-potties that are someplace near the street, apparently intended to be there permanently. I forget the exact -- de Weerd: Permanent porta-potties? Zaremba: They were for use by the people at the playing fields or something like that, and she wondered if we couldn't have something in our ordinance that regulated permanent temporary porta-potties. de Weerd: Permanent temporary porta-potties. Canning: Yes. Madam Mayor, Members of the Council, Mr. Exline did mention that that was an issue he was struggling with. I believe it was the PAL soccer league that brought those in for use during the -- or maybe it was Optimist football. It was one of -- sorry. It was one of those groups. I can't remember. But -- de Weerd: Let's blame it on Optimists. Canning: It was -- they were trying to do the good right thing by allowing their fields to be used and this issue has come up, so I think they are trying to figure out how to address it, so -- Zaremba: Okay. Thank you. de Weerd: So, does that mean stay tuned? Canning: I can have a -- I can get an update for you. He really just kind of -- it was an aside statement, but I can ask him for something. Zaremba: Madam Mayor? Bird: Madam Mayor? And I -- and it could -- we -- I know we have -- Optimist has put out porta-potties. We think it's a lot nicer for the kids to go there than out behind a some tree, so -- and I don't think it's unattractive myself for the young kids, they are just for the football season, which is seven weeks. de Weerd: Mr. Zaremba. Zaremba: I was just going to add if they are working on it I don't see any reason to add it to the ordinance, but I'm glad to know they are aware of it and working on it. Meridian City Council September 28, 2010 Page 15 of 54 de Weerd: Now, just to report back, probably. If there is no further questions from Council at this time, is there any member of the public who would like to provide testimony on this item? Canning: And, Madam Mayor, for the record, Mr. Exline did submit his agreement with the new -- or his support of the new wording in an e-mail that was forwarded to the clerks. de Weerd: Thank you. Rountree: Madam Mayor? de Weerd: Council? Yes, Mr. -- Rountree: I move that we close the public hearing on Item 9-A. Bird: Second. de Weerd: I have a motion and a second to close the public hearing on 9-A. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. de Weerd: Do I have a motion? Rountree: Madam Mayor, I move that we approve the temporary portable classroom text amendment ZOA 10-001. Zaremba: Second. de Weerd: I have a motion and a second to approve Item 9-A. Is there any discussion? Hearing none, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Public Hearing: PP 10-001 for Spurwing Greens by Spurwing Greens, LLC Located North of Chinden Boulevard, Approximately 1/4 Mile East of Black Cat Road and West of Spurwing Subdivision Request: Preliminary Plat Approval for 214 Residential Building Lots and 16 Common Lots on Approximately 86.66 acres in an R-2, R-8 and R-15 Zoning Meridian City Council September 28, 2010 Page 16 of 54 District C. Public Hearing: VAR 10-001 for Spurwing Greens by Spurwing Greens, LLC Located North of Chinden Boulevard, Approximately 1/4 Mile East of Black Cat Road and West of Spurwing Subdivision Request: Variance to UDC 11 -6C -3B.4 to Exceed the Maximum Cul-de-sac Length Allowed in a Residential District for Block 24 de Weerd: Item 9-B is a public hearing on PP 10-001 and I will also open Item 9-C on VAR 10-001 and ask for staff comments at this time. Parsons: Thank you, Madam Mayor, Members of the Council. The subject property is located on the north side of Chinden Boulevard approximately a quarter mile east of Black Car Road and west of Spurwing Subdivision. You recall 2006 -- brief history on this site. This property was annexed as the Tree Farm property. Later in 2007 the property came before you and platted as the Jayker Subdivision. Current the properties all -- is zoned R-2, R-8, R-15, and a small portion of C -N. Here is an aerial of the property. Again, it's fairly undeveloped at this time. The applicant is in the process of constructing some homes on the site. Here is the proposed preliminary plat. With this application the applicant is proposing to plat 214 lots and 16 common lots and, really, what I want to do is get to this slide for you tonight, because this really tells the story and kind of goes over -- goes over the overall picture of what's proposed, what's been platted, and what's being proposed be platted this evening. And also it has to deal with their variance request as well. So, here is a general concept plan. If you look at the light beige lots, those are the recorded lots that platted with Jayker Subdivision No. 1. The darker beige on the outskirts in the northeast -- excuse me -- northwest and southeast corners are proposed with the plat before you this evening. The black circle references the proposed stub streets that they are proposing with the subdivision. I have highlighted the future community center that was part of the concept plan back in 2006. 1 have also gone -- highlighted ACHD's preferred stub street location. During the Planning and Zoning Commission we had not received site specific comments from ACHD and so Planning and Zoning Commission made a recommendation regarding the current location of that stub street. Just some quick facts about the plat. Total increase in lots is up from 77 lots from the previous plat, it contemplated 277 lots, so with this portion of Jaykers No. 1 and what's proposed on the plat, there will be a total of 354 residential lots. The increase is largely due to larger estate lots up here along the north and, then, some estate living lots along the east -- excuse me -- along the west boundary. If you recall, the only access point to this site at this time -- public street access point is from Chinden, which his at the half mile, which is consistent with the ordinance and, then, also back in May of this year Council approved a DA modification that allowed for a gated common drive to connect to the subdivision -- Spurwing Subdivision to the east and that was so that residents from the Spurwing Greens Subdivision could access the amenities in the Spurwing Subdivision and, vice -versa, residents from the Spurwing Subdivision can access amenities within the Spurwing Greens Subdivision. So, discussion -- Planning and Zoning Commission did Meridian City Council September 28, 2010 Page 17 of 54 recommend approval at their August 19th hearing. Speaking in favor was Rod Blackstead and David Turnbull. Staff also received written comments from Mike Wardle regarding staff's recommendation at that time. That written testimony spurred some discussion with the Planning and Zoning Commission. The first item that they discussed was timing for the community center. Second item had to deal with lot frontage requirements of the UDC. And the third item was open space and amenities existing and planned for the subdivision. Key changes from the Planning and Zoning Commission include modification to condition of approval 1.1.1, which just expanded on that condition of approval and stated that if common lots were -- there were several lots that did not meet the lot frontage requirements of the UDC in the R-8 zoning district, if there was a common driveway, the UDC allowed for a smaller lot frontage and the applicant just wanted some clarification -- expanded clarification that that would be allowed and staff was amenable to that and so was Planning and Zoning Commission. And, then, also condition 1.1.6 came down to the timing for the community center. The applicant testified at that hearing that residents of Spurwing Greens will have the privileges of using the country club at Spurwing Greens -- or Spurwing country club in Spurwing Subdivision in Ada County. It was discussed that that is -- that is an off-site amenity, it's not included with this proposed subdivision, but the applicant was -- wanted to make sure that those services are provided, they are not -- they wanted to make sure that they are not trying to get out of the obligation of constructing that, they just wanted to make sure that it happens at a different timing than what was originally approved. The previous staff report referenced that to happen at the 201st building permit. The Planning and Zoning had made a recommendation for that to change to the 325th permit and that the applicant has provided comments before you tonight and wants it to revert to the 351st permit. So, that's something they will want to discuss with you as well. One outstanding issue before you was that -- like I had mentioned earlier, staff did not have ACHD's comments prior to going to Planning and Zoning Commission hearing. Since that time we have received site specific comments. ACHD has notified staff, the planning department, that they would like the southern stub street -- where I have the green arrow labeled relocate -- they would like that stub street to shift over and align with the private street known as Double Eagle Lane, for future connectivity if and when that access point is ever closed off to Chinden Boulevard. Before I came to hearing tonight I did research the previous staff report and that was certainly a topic of discussion in that staff report. Staff at that time had concerns that that 25 acre parcel where that street is stubbed now at the south, did not have access rights to that private lane. That private lane was mainly to serve the street -- the home -- the residential homes that are platted along the east side of that road. So, staff, with ACHD's recommendation as it read in the staff report, said that that stub street should shift over and provide a stub street to provide a connection to that 25 acres. Well, now we are here at 2010 replatting this and ACHD has communicated to staff that that's an error and they always wanted that street to stub to the North Double Eagle Lane. So, in their recommendation and site specific conditions of approval they had requested that that street move to the east 471 feet. I have communicated with ACHD that that creates a problem with block length in compliance with our ordinance. Currently our -- the UDC requires block lengths not to exceed 750 feet. If that road were to shift to the east as ACHD has recommended, that would require -- that would extend that block length to Meridian City Council September 28, 2010 Page 18 of 54 980 feet. And so the applicant has been made aware of that, if it is -- you're inclined to make the recommendation on that to agree with ACHD's recommendation that they would have to somehow provide a pedestrian connection somewhere in there to break up that block length. So, that was one recommendation that we posed to you tonight. The other issue had to deal with the cul-de-sac length, which is in the northwest corner. Pre -app with the applicant, we told them more than likely unable to meet the findings in the UDC for recommending approval of that variance. Planning and Zoning Commission did not take action on that application. They understood that Council would take action on that and be the deciding body on that application, so they just kind of danced around the issue and allowed -- put in your -- to make that decision. However, staff did make a recommendation in the staff report and I have highlighted that with the red circle there along the western boundary of that -- of block 24 and, basically, what staffs recommendation was -- was to eliminate this stub -- the northwest stub street here that's currently to the Carnahan property, to locate a stub street here and bisect this cul-de-sac length and provide a western stub to that property for future connectivity. And this stub street and this portion of the plat would just go back into a common lot. Again, staff did read -- receive written testimony since the Planning and Zoning Commission from Mike Wardle. I will briefly talk to you on what he would like to discuss, have you take under advisement this evening and we will go from there. So, applicant made some comments regarding condition 1.1.3 and third bullet point of condition 1.1.8 and that has to do with that stub street and realignment of that common open space that I just previously discussed with you. Right now staff had recommended that I have conditioned them to close out that stub street, make that a common lot, and stub at the western boundary as I have proposed this evening. Granted, if this Council grants approval of a variance, those conditions will no longer be applicable. 1.1.2 would have to be modified slightly and 1.1.8 could be stricken from the conditions of approval. Other conditions is condition 1.1.6, again, the applicant would like to have that changed from the P&Z recommendation of 325th building permit to the 351st building permit. Keep in mind that there is another preliminary plat that will be -- that's currently still alive and valid and in that staff report in 2006 they were conditioned to provide that amenity at the 201st building permit. So, that's still valid. The other condition they'd like to discuss with you this evening has to deal with condition 2.2. It is a Public Works condition. It has to deal with some of the sewer issues that are out there in the subdivision. I won't touch on that this evening. I have communicated that concern to Public Works and Warren certainly -- Mr. Stewart is here to address any concerns you may have regarding that condition of approval. And, then, also condition 7.1.1 in the ACHD staff report, ACHD had made an error for the requirement of the ten foot pathway on the eastern side of North Chicker Way. My understanding is ACHD has amended their staff report and made that correction, so their condition of approval -- their site specific condition of approval is exactly -- is -- meshes with what staff had recommended and what Planning and Zoning had acted on at their hearing and, then, the final condition of approval is 7.1.5, which is the relocation of that stub street. Again, I touched base on that. Again, ACHD would like that to shift. I think you understand where we are at as far as getting that block face corrected. I would like to mention that that could happen at the time of final plat, but it's something to certainly be conscious of when they come into final plat this. The applicant is proposing multiple phases with this Meridian City Council September 28, 2010 Page 19 of 54 subdivision, eight in total, and I believe this was proposed to be phase three, so it's something the applicant should be cognizant of as we move forward in platting these lots. With that I'd stand for any questions you may have at this time. de Weerd: Thank you, Bill. Council, any questions at this time? Bird: I have none. de Weerd: Okay. Would the applicant like to come forward? Turnbull: Madam Mayor, Members of the Council, David Turnbull, address is 12601 West Explorer Drive in Boise. de Weerd: Thank you. Turnbull: It's a pleasure to be here tonight and I know that many of you are familiar with this project and its history and particularly the recent history. This is a collaboration between Brighton Corporation and Roger Anderson. As you know, it was originally platted as the Tree Farm and that it was launched probably at a particularly difficult time and difficult environment. Since then Roger and I have collaborated in taking this project on and when you take on a project like this there is some critical elements to get it back up and running again and one of them is rebranding. We needed to rebrand this project and Roger particularly has worked very hard with Spurwing country club to provide some very mutually beneficial arrangements, which we think are to the benefit of Meridian city as well. So, each of the residents in -- well -- and the project is being rebranded as Spurwing Greens to make that connection. Each of the residents of Spurwing Greens will have a limited social membership to Spurwing, which includes use of the club house, use of the restaurant, use of the swimming pool, and use of the fitness center. So, that's a plus for everybody and instead of the aforementioned requirement for a community center at 201 units, we are providing that now. Part of the -- part of relaunching a project like this, too, calls for some redesign. There were some problematic things with the original design. You will note that in -- as part of this preliminary plat application there are some modifications to the first phase plats, too. There was some lots that were difficult to build on and we are actually reconfiguring some and actually taking a few lots out to make them large enough to actually build a home on that will work. And, then, just the relaunch and I know that you were kind enough to come out to our original relaunch press conference where we showed the designs for many of the new amenities that we have been adding and are adding will add and we appreciate your participation there. But we have relaunched the project. You will see the first homes come to completion this week with two of in the -- the DCA's fall parade, the fall home collection, and it's pretty exciting that without too much in the way of advertising and just word of mouth and the things that we have been generating, we already have three sales, whereas I think we had two in the previous two years. We will soon have probably a dozen homes up there where we had three in the previous two years. And so we are gaining momentum and this is a pretty exciting venture for us. Speaking of the amenities, of course, there is an abundance of open space and Meridian City Council September 28, 2010 Page 20 of 54 pathways there already and those will continue and we have been -- if you have probably actually been out there you will notice that our property managers have gone through done a very thorough job of cleaning up and getting the landscaping in good shape. In addition to that, we were adding two new entrances, one off -- we are completing -- we are redesigning and complimenting the entrance off of Chinden. Right now there is just signage on one side, we will be adding signage on the western side of that entrance and, then, in the estate area -- and I don't know if we can see that here. Well, I don't -- is there any way to point on here? Canning: Do you see that little pointer right there underneath your hand? Turnbull: This one? Canning: There you go. Yeah, you can just -- you can select a color and draw on it or you can use that as a pointer. Turnbull: Does this have to be turned on somehow? Okay. That's great. Okay. So, estate area -- is that showing? Okay. There will be a new monumentation added to the entrance to the estates area right in here that will include a new postal facility, too, kind of a drive-in place where residents can pick up their mail in the estate area. And, then, also we are very appreciative of the processing and approving addition of the tennis complex right here and that includes a connection from our development through to Spurwing, which it was a major concern I think several years back about having that fire access and that completes that -- both a private access, but also a fire access for emergency services. This tennis complex is being constructed. Rod Blackstead is here, he's our project manager on that and that's just a couple of weeks away from completion and open to play. So, we are proceeding pretty rapidly as you can see. So, do want to point out that when we get to this condition of the community center, this development already probably has twice the open space required under the UDC, probably has at least twice the number of amenities that are required under the UDC. There was a slight -- I don't know -- I don't even know if that was a disagreement. There was discussion in the Planning and Zoning Commission about the trigger point for a second community center and swimming pool and I will address that a little bit later. So -- and you may have further discussions on this, but the -- there is five basic points of discussion that we had left tonight. The first one was this cul-de-sac length right here. I believe it's 650 feet. The UDC is 450 feet -- is that, right, Bill? And we realize that staff is unable to make a recommendation for a variance like this, but let me just point out a few things. This estate back here is Doug Carnahan's. That's his homestead. And his property extends down to here. And his desire for that area is for that to be sort of his family compound and bisecting this with a road right here that would sort of run into existing ponds he has or even moving it down closer here where you would be going from a street to a street, we don't think accomplishes anything for the city. In fact, Rod Blackstead has had a conversation with Joe Silva and Joe Silva doesn't have any problem with the length of the cu -de -sac from the fire department standpoint, nor did I understand does the Public Works Department. So, without any compelling interest on the city, it seems to me like it would be appropriate to let Mr. Meridian City Council September 28, 2010 Page 21 of 54 Carnahan have his desire. We would appreciate an approval of the variance for that cul-de-sac length there. The second item is the trigger point for the additional community center. As I said, when -- when Mr. Anderson negotiated the benefit of having access to Spurwing country club facilities for our residents, he specifically negotiated a trigger point with them that at 350 -- after the 350th unit we would add a we would add the pool and our facility here. And so we'd just like that to be consistent you know, rather, than waiting for the 201 st building lot, we have already provided that amenity and we think that that's -- you know, to tell you the truth, it's a better community center and swimming pool and fitness center than you would find anywhere else in any of the private developments. So, we appreciate your recognition of that effort and that amenity already being available and -- and revise that trigger point to being the 350th unit. Third item for discussion was condition 2.2 on the sewer system. As I understand it, the city has worked that out with Mr. Carnahan and they have an arrangement wherein the city is taking some responsibility for that, so as your -- as the Mayor I know is aware, that was a bit of a surprise to us after we had bought into this project that these issues came to light and we would appreciate that condition being removed from us as the applicant. But we think that that is being taken care of in the next couple of weeks anyway. The fourth item, then, was the clarification that I think Bill covered. The pathway is already existing on the east side of Jayker, so I don't think we need to speak about that anymore. And, then, the fifth condition is this relocation of this stub street here. I guess all I would request on that is you leave that to us, to your staff, and to ACHD staff, to resolve that issue. We believe that this is the appropriate location. think that there is actually some issues with connecting a private street to a public street that might be problematic, but having that stub street in that location does resolve block length issues and it doesn't take away from any connectivity issues to that parcel, so those would all still be provided. So, we'd appreciate your leaving that to the staff -- your staff, ACRD staff and us as the developer to resolve that issue. Don't know that I have anything further. We just appreciate the city's support in getting this project up and going. It's to us a very exciting project and one that we are looking forward to continuing to build and develop in. Thank you. de Weerd: Thank you. Council, any questions? Rountree: Not right now. de Weerd: Thank you so much. I do have two people signed up on the sign-up sheet. John Ewing in favor of. Would you like to provide testimony? Ewing: Madam Mayor, Members of the Council, I'm John Ewing, 1500 EI Dorado, Boise, Idaho. I'd like to start out by saying that we are in favor of these changes and -- guess I need to back up a little bit. I represent the TICO company and Aldape property. guess I could show you -- the TICO -- boy, I should have taken something to stop shaking. de Weerd: Are you nervous? Meridian City Council September 28, 2010 Page 22 of 54 Ewing: Well, I didn't think I was. The Aldape property is down over the hill. Hopefully I won't have to draw anymore. But, anyway, couple of the issues -- and they aren't issues and I do want to make this-- I haven't personally, but my son Tuck and my wife Sherry has met with the neighborhood meetings and a lot of these things was discussed. I think that my thought was -- is that we'd come and I'll just kind of bring them up for the record of some of the things we talked about. I did mention to them that I didn't think there was any surprises. If, in fact, I have wrote down something that is a surprise, I don't know that we are even looking for answers, we know that this is the early stage of this, but real quick I can run through them. I -- the first one I had -- understood -- if I understood right, that there is an additional 277 lots. I don't think there would be a concern about this, but a two part deal is there is still going to be plenty of capacity for both the TICO property and down the hill to Aldape's property. I would hope so, but that's a question that needs to be asked when we went to this higher density. And another issue -- and I will see if I can -- on the plat -- we haven't seen it, but the area right through here is where the -- my gosh -- where the new road goes down below the hill. This is a three acre parcel on this side and six acres on this side and right now we -- with the change of the road and we did not see at this point right here a stub going into this three acre parcel. We did see it down here at this place to go into the six acres. So, the only question we have -- I don't think there is any discussion, but it would be nice to see it on the plat. Along with that, assuming -- and, again, I -- the ones that have been to the meeting or the main one isn't here, but I'm assuming that Jayker Way is going to be a collector all the way to the point where it can continue down the hill to pick up, again, the Aldape property. And so that collector status I guess is what I'm trying to say of Jayker Way clear to there. When -- on the old plat it continued on around and came -- you know, came clear through. And that brings up another point that we -- de Weerd: Mr. Ewing? Ewing: Yes. de Weerd: You will have to start to summarize, please. Ewing: Summarizing? Oh. Okay. I -- real quickly, then. I forgot I was on a time frame. de Weerd: Should have let that buzzer go a little bit longer, uh? Ewing: Okay. I will just -- well, a lot of this -- the capacity -- we would like to see some additional landscape into these entryways. Originally, the road came here and it was all landscaped. We have got smaller houses going in up next to us where we didn't before and so we'd like to have some buffer between us, because we are planning on having all bigger houses out there on the rim and so we'd like to have a buffer there. We would -- that's basically it. I think that with -- we think it's a good project. We are really happy to see somebody doing something right now. That's always a good thing when you go through these bad times and I hope everything works for them. A lot of these issues we Meridian City Council September 28, 2010 Page 23 of 54 can talk to them about, but we wanted it on the record. Thank you and thank you for the extra time. de Weerd: Thank you. I appreciate your testimony. Council, any questions? Bird: I have none. Rountree: I have none. de Weerd: Thank you. Ewing: Thank you. de Weerd: Rod Blackstead has signed up in favor of. Would you like to provide testimony? Okay. Thank you so much. Is there anyone else who would like to provide testimony on this application? Wardle: Madam Mayor, Council Members. Mike Wardle. I office at 12601 West Explorer Drive in Boise. de Weerd: Thank you. Wardle: Just to respond to Mr. Ewing's comments, there are not 277 new lots. We have added 77 lots on parcels that had not previously been detailed in the original platting process, so these are parcels that were identified in the approved Comprehensive Plan or concept plan for the project, we just have put lots on them now and so the numbers have actually not increased over what was ever anticipated, we just have added some that would have come along at some point in the future, but these are properties that the applicant has actually acquired through this property exchange process. Jayker Way that Mr. Ewing spoke of, which does come to the north, actually, enters their property at the only location that they can have a roadway extended in the future to serve not the TICO properties, but the Aldape properties to the north. The three acre parcel that he spoke to on the east -- northeasterly side of that alignment actually has direct access to that residential collector. We have no development between the two. So, we can work with them and, in fact, had talked with John's son to possibly provide us with some of their engineering concepts, so we could do the mesh, but we haven't seen that yet and we certainly will as we get down to the final platting process in the future. So, I didn't -- didn't hear anything that was a real issue, but items that we can work with them as they provide us information before we final plat those properties in the future. Be happy to answer your questions if you have any. de Weerd: Thank you. Council, any questions? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Meridian City Council September 28, 2010 Page 24 of 54 Rountree: One of the points that Mr. Ewing brought up was -- another one of his was the potential for a buffer or some kind of a break between the small lots and your northern boundary adjacent to their -- three acre and six acre parcels that they anticipate will be large lots, much like you developed along the rim. Wardle: Madam Mayor, Council Member Rountree, I think the reality is that the buffer will logically be provided by the character of the lots that they develop. There will certainly be a lot of separation provided there, but a buffer on our side of that property line would be almost lost and provide very little benefit for either side of that line. So, I mean we'd certainly be willing to talk with them about, you know, implications, but those lots are not small, these are -- don't have the plat in front of me, but about 120 feet deep and 80 feet wide, typically. de Weerd: Any other questions? Wardle: Thank you. de Weerd: Thank you. Okay. Any further public testimony? Okay. I will ask the applicant to wrap this up. Turnbull: Madam Mayor, David Turnbull once again. I will wrap up very briefly. I would point out in response to Mr. Ewing's concern -- see if I can erase some of this. Yeah. That's pretty nice. This area right here, in the concept plan I think was designated for some fairly higher density residential and we think that we have gone a long way in providing -- these are significant -- significantly larger lots and we think that that provides adequate transition and, then, the other area probably would be this area along here. You know, all I could say is that if -- if I owned all of this property that they have to, I wouldn't be doing this area any differently. We think that they are harmonious. In fact, this area -- well, I'll go to green here. These are estate lots as well. Smaller lots across the street maybe over here, but they don't require any transition, they are, actually, quite large lots and we are talking homes that are fairly substantial. So, I hope that that's not a concern. I think that we have made really good efforts to consider their property and as Mr. Wardle said, you know, access both sides we have provided here you can take direct access off of this collector road, too. So, I do believe we have provided all of -- for all of those concerns. And I think that covered everything. I stand for any further questions if you have anything. de Weerd: Thank you. I think while we have you up here I will ask our Public Works Department if you have any comment on condition 2.2. Stewart: Thank you, Madam Mayor, Members of the Council. Yeah. We did want to provide some additional information. It is our understanding, based on the written request by the applicant, that they would like to delete condition 2.2 and the reason for that or the ascertain for that was that the downstream issues with regards to the sewer deficiencies have been resolved. In fact, they have not necessarily been resolved. The Meridian City Council September 28, 2010 Page 25 of 54 reason that -- however, that condition 2.2 was requested is -- as a condition of approval for this preliminary plat really does not have a direct relationship to those who are responsible for making those repairs or who isn't. The reason that we asked for that condition to be in there -- originally we had met with the -- with the developer -- actually, Mr. Blackstead, discussed with him the reason that we wanted to make that request and that was to insure that not only the existing developer, as they move forward with this project, but also any successive developer, if it were perhaps sold to another entity, would be aware of the fact that there may be limitations on connections in the future, because of downstream deficiencies. We recognize that these -- this developer may not be responsible for those deficiencies and that's fine. The reason that it's there is simply to provide notification to the owner and to any future owners that there may be ramifications because of downstream deficiencies. We have also indicated to them that as soon as those deficiencies are repaired we would be more than happy to issue a letter saying that the conditions of 2.2 have been met and that it's no longer -- you know, that it's been met and it's not going to affect them in the future. So, it's more -- you know, we have been -- Public Works Department has been criticized a little bit in the past for not providing adequate notification to both existing and potential buyers or owners of a project of issues that may affect their ability to develop and that's the reason we wanted to insure that condition 2.2 was in there to make sure that everybody was adequately notified and informed. de Weerd: Council, any clarification on -- on the discussion that's surrounding this? Further comment from staff or Council for the applicant? Rountree: Madam Mayor, I have another question for Warren. And the question is in regard to the comment from Mr. Ewing about capacity and accommodation of future development in the northern portion and the Aldape property. Ewing: I have to admit I don't have the master plan in front of me, but I know that the densities that are being requested I believe meet, you know, what was anticipated when the city master plan was put together. Therefore, I -- I assume that we do have capacity, but without -- I didn't come prepared with the specifics of that, but I don't anticipate that there is any problem there with sewer capacity. Stewart: And the water is not provided by City of Meridian. Rountree: Thank you. de Weerd: Any further comment? Ewing: Thank you. de Weerd: Thank you. Council, if there is no further questions for staff or the applicant, do I have a motion to close? Meridian City Council September 28, 2010 Page 26 of 54 Rountree: Madam Mayor, before we close I -- I'm working on a question here, but I'll give it a shot. It's for David and it relates to the request on condition 1.1.6 and that's the community center would be constructed prior to -- and currently it's prior to -- or at -- the kickoff is at 201 lots. You're requesting that it go to 351, which is just three short of the 354 residential lots you're proposing. You have indicated that you have worked out a social membership with Spurwing golf course. My question is how iron clad is that agreement with Spurwing and could you live with a condition that left the community center at 202 as the kickoff point and would go into effect at such point in time as the agreement with Spurwing golf course was vacated? Turnbull: Madam Mayor, Councilman Rountree, the agreement with Spurwing country club is in the form of a contract, so it -- that -- it's in a binding contract and we don't anticipate that being removed, but I suppose if for some reason that went away -- Rod, do you have any comment? It's a mutually beneficial arrangement, so -- I would comment that -- again, I will repeat. We have doubled the open space requirement. We have doubled the amenities required under the UDC. I believe we probably have come into this -- it's almost like a community center is somehow a requirement, when that's not a requirement under the UDC and I think that we probably could have come into this hearing and asked -- asked due to the fact that we have so much common area and we have so many common area amenities and said, like I said, we just spent 680,000 dollars building a tennis center. That seems to me to be a pretty substantial amenity and we have added further amenities. So, I'm not quite certain why a community center would be a requirement in the first place, but maybe you have a different opinion on that. We intend to provide one. We have already moved that schedule up by entering into our arrangement with Spurwing and so we would prefer that the condition be adopted as we have requested. Did I answer your question? Rountree: Not really. Turnbull: Would you like further clarification? Rountree: You answered the question with -- with a question. My question is if the 201 stayed as it exists in the current agreement and would only go into effect upon such time as the agreements that you have established with Spurwing country club are vacated, to me that, essentially, accomplishes what you want and a little bit more, because at that point the community center would, essentially, go away, as long as the contract stayed in place. And, by the way, it's not -- I agree it's not a requirement, but it's something that was offered in the concept and has always been part of this project, so by virtue of the fact that they have been married together, it's become a -- not necessarily a given, but an understanding on the part of the folks that have heard about this at Spurwing, the folks that have heard about this in previous hearings. So, by virtue of the fact that it's been present it kind of has grown to be part of the project, so my question was can you live with that kind of language in the agreement? Turnbull: And I'm half of the equation and Mr. Anderson is the other half. Meridian City Council September 28, 2010 Page 27 of 54 Rountree: It's not that we don't trust you're doing a good thing. I have been here too long, we have had too many promises and had way too many promises broken and we are living with some consequences on this project of promises and performance that have been broken and we are trying to pick the pieces up and move forward. So, not just here, but in a whole lot of other places. On the bright side is let's do whatever we got to do to get this thing rolling, because we are as happy to see you here as I think you're happy to be here. Turnbull: I appreciate those comments and I understand the stresses that the city deals with. I would add that you have never had a promise broken by me. Rountree: I will agree. Turnbull: And I think that we have demonstrated that our willingness to work with the city and we -- in our projects we go the extra mile. And I don't want to get into too much of a back and forth argument on this. I think that the previous developer probably did come in and offer something that he never could fulfill. I think we have to be practical in the kind of burdens that we put in on our homeowners, because I as a developer can promise all sorts of amenities and I can even build them, but if the homeowners can't afford to maintain them, then, that becomes an issue that you, then, get to deal with when the developer is out of the picture sometimes. So, we try to strike a really healthy balance between being practical and being top notch and I think that we have done this in this respect. I think the fact that Spurwing needed us and there was a natural tie in with -- between our project and theirs, helps them out a tremendous amount. They wanted us as bad as we wanted them. We do have it in contract form. I understand what you're saying, Councilman Rountree, about if that thing ever did go away would we agree to build the other facility at the 201st unit. And, I like said, Mr. Anderson is not here and don't know if Rod can commit for him or not, so -- but I think you know who we are and I think you know what we do. I would suggest that if that ever went away and there was a demand for it out there, we would build it. I will tell you that on our Paramount project we built the second pool and community center in 2007 and I had to put on 33 additional lots to do it and spend -- I'm not going to tell you how much money -- when I didn't need 33 more lots out there, but our community needed another pool and we went ahead and made that investment. So, I guess I'm asking you to trust me a little bit here and I -- you know, expectations I understand. Right now there is only two homeowners out there, so I don't know how -- how widespread those expectations are. We have got three more coming and they know what they are getting and so that's it. You can do what you will, but you have my request. Rountree: Thank you. Turnbull: Thanks. de Weerd: Mr. Zaremba. Meridian City Council September 28, 2010 Page 28 of 54 Zaremba: Madam Mayor, I wonder if it might solve a problem by phrasing it that the community center should be constructed prior to the issuance of 351st building permit or upon vacation or extinguishment of the agreement, whichever occurs first. Would that cover the issue for Councilman Rountree? de Weerd: Council, having been privy to some of the discussions going on in the partnership that was formed, I share the opinion of the applicant that that's pretty solid in their agreement with Spurwing and I can't -- in fact, they are looking at -- Rountree: True. de Weerd: -- at this as a real benefit for -- for their development as well. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: The 351 st don't bother me at all, because I think -- I think Spurwing can certainly take care of the agreement and probably are happy to have people extra using their facilities and their restaurant and stuff. I don't -- I don't see any problem with it and these developers have always done what they said they'd do. We have never had an ounce of problem with either one of them. de Weerd: Thank you. Anything further from Council? Zaremba: Madam Mayor? de Weerd: Yes, Mr. Zaremba. Zaremba: I guess I would just throw in a comment on one of the other subjects and that's the extended cul-de-sac. I understand the reasoning for the requirement in our ordinance and that it was driven by the fire department. The applicant has spoken to the fire department and said they don't have a problem in this instance. I think what would make it an issue would be if there were 85 homes or 85 lots along this cul-de-sac. If I'm counting correctly I see that they are large lots and it looks like there is only 12 of them to me. So, I don't have a problem with the slightly extended cul-de-sac. de Weerd: Thank you. Anything further from Council? Since there has been some discussion, any final comment from the applicant? Okay. Yes. No. Yes. No. Yes. No. Okay. Council? Rountree: Madam Mayor, I have a question of Mr. Nary. de Weerd: Okay. Meridian City Council September 28, 2010 Page 29 of 54 Rountree: And it's with respect to the request for the cul-de-sac variance. We don't have a variance noted on the agenda, do we? Nary: Item C. Bird: Yeah, we do. Rountree: Is it C? C? Oh. It's the third public hearing that we -- you opened both of those? Okay. All right. Then I'm okay. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I guess we don't need anymore public testimony or input. I move we close Items PP 10-001 and VAR 10-001. Zaremba: Second. de Weerd: I have a motion and a second to close the public hearings on Items 9-B and C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. de Weerd: Do I have a motion? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: Mr. Nary, on condition 1. -- 1.1.3 and 1.1.8, the PP application depends on that -- those two points depend on what we do with the variance and we got to pass the PP before we do that variance. Am I reading that right? Nary: Madam Mayor, Members of the Council, Mr. Bird, in the condition it does -- it is conditioned upon the variance. It says -- Bird: Is that okay? Nary: Yes. Bird: Okay. de Weerd: You guys are testing my patients, aren't you? Bird: I'm trying to figure out how to do it right. Meridian City Council September 28, 2010 Page 30 of 54 de Weerd: Okay. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I'll see if I can untangle this. I move that we approve -- I'm going to do this out of order. That we approve the variance request for Item 9-C, VAR 10-001, Spurwing Greens. Zaremba: Second. de Weerd: Mr. Nary, do we need to state reasons in approving a variance? Nary: Well, Madam Mayor, Members of the Council, I guess -- and, Council Member Rountree, I'm a little curious, because you would be approving a variance for something that's not even approved. de Weerd: It's not a preliminary plat. Nary: So, I didn't understand what your reasoning was for that. Rountree: Well, because it's so interwoven that it made more sense to me that way, but legally if it doesn't make any sense, Madam Mayor, I strike my motion. de Weerd: Second agrees I'm sure. Zaremba: It made sense to me, too, but I'll strike my second. de Weerd: Mr. Nary, can you make a motion on both items to tie the two together? Nary: Madam Mayor, Members of the Council -- Council, as long as you're clear that you're voting to approve the plat with whatever conditions that you wish and that some of those are predicated on the variance that you're also going to make in the same motion, that will follow the approval of the plat, I think you're fine. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve the preliminary plat Item 9-13 for Spurwing Greens with the following conditions: Starting on the west side that the stub street recommended by staff not be included, but the stub be as shown in the conceptual graphic that we have before us now. On the eastern portion related to stub streets that the stub street to the southern parcel on the east boundary remain as shown on the Meridian City Council September 28, 2010 Page 31 of 54 concept -- conceptual plat that we have before us. That condition 2.2.1 be modified and not relate to the building permit, but that no occupancy permit would be issued until the deficiencies are remedied. That condition 7.1.1 be as directed by -- as identified in staffs comments. That condition 1.1.6 be modified to read the 354th building permit. don't see anybody giving me hand signals on anything more, so that's the end of my motion, Madam Mayor. Bird: Second. de Weerd: I have a motion and a second. Any discussion on this item? Okay. Seeing none, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Now you can do the variance. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Let me restate my previous motion that we move to approve the variance request, Item 9-C, VAR 10-001. Zaremba: Second. de Weerd: I have a motion and a second to approve the variance on this item. Any discussion? I have none, unless Bill wants stated reasons. Canning: Madam Mayor, for -- de Weerd: Mr. Nary, do we need stated reasons? Nary: I believe they are in the staff report, so as long as you're okay with those. Canning: Madam Mayor, the recommendation was for denial for staff. So, my -- clarification would -- staff would prepare new findings based on the fact that there are a limited number of homes along the cul-de-sac. That fire department had no concerns and the configuration of the parcel to the west would not make a stub street appropriate. think -- I believe that's what I heard tonight. Rountree: That's one more than I had, but that's good. Meridian City Council September 28, 2010 Page 32 of 54 Canning: Okay. de Weerd: Okay. Thank you. If there is no further discussion, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. de Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. D. Public Hearing: RZ 10-001 for Fast Eddy's Ten Mile Station by ST Investments Located Southeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Rezone of 5.90 acres from C -N (Neighborhood Business) to C -C (Community Business) Zoning District E. Public Hearing: CUP 10-007 for Fast Eddy's Ten Mile Station by ST Investments Located Southeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Conditional Use Permit for a Fuel Sales Facility, Convenience Store with a Drive-Thru and a Vehicle Washing Facility on Approximately 1.89 acres in a proposed C -C (Community Business) Zoning District de Weerd: Our next item is Item 9-D, a public hearing RZ 10-001 and a public hearing on 9-E, CUP 10-007. 1 will open these two public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. I would like to introduce you to the design review of the night, it's a pleasure to bring that forward to you tonight. On the application the site is located on the southwest corner -- or southeast corner of North Ten Mile Road and West Pine Avenue. The applications before you tonight is for a rezone of 5.9 acres from the C -N zoning district to the C -C zoning district and, then, a CUP and design review approval for a fuel sales facility, convenience store, and vehicle washing station on 1.89 acres. The history on this site -- this property came before you in 2003. It was platted. Went though the PD process and platted as the Courtyards at Ten Mile. At that time the applicant came forward with a concept plan for a fuel sales facility, some multi -family living -- multi -family development. That portion of -- the R-15 portion, which was proposed to you back then has developed with multi -family development. Since that time no other development has been proposed for the C -N portion of the site. As I mentioned, there are three commercial lots before you that are proposed with rezone. The only site -- the only portion that's proposed for development tonight is the 1.89 southern commercial lot. Primarily the reason for the rezone is so that the -- the applicant can operate the convenience store beyond the current requirements of the ordinance for hours of operation. On the C -N zone right now the ordinance hours of operation are to be limited between 6:00 a.m. and 10:00 p.m. The future land use map does designate this site as a mixed use community, so the C -C Meridian City Council September 28, 2010 Page 33 of 54 zoning is appropriate. The quick history on some other C -store facilities that Council has acted on. Those were predicated prior to the adoption of those standards in the UDC. Planning and Zoning Commission typically would limit those hours of operation. Because there is an appeal process in the ordinance, those would typically come forward to you with the appeal of a Conditional Use Permit for you to act on those hour of operation. Because this -- this application has come prior -- or post the adoption of those hours of operation, the only appropriate mechanism to come forward or get those hours of operation established for the applicant at this time is to rezone the property and so that's what he has done. When we met with them we informed the applicant that staff wouldn't be supportive of just rezoning one lot, we encouraged them to come in and bring that whole corner in with a rezone application and they have agreed to do that. Staff is recommending a development agreement with a rezone application. So, moving on to the CUP application before you. The applicant is proposing roughly a 6,287 square foot convenience store with a drive-thru facility. That facility is not proposed for any fast restaurants, it's merely drive -up for any patrons that may want to order a gallon of milk -- it's really a convenience store drive -up, so you order off a menu, say give me two gallons of milk, you get on your way and get on the street. It's something new they want to try and they thought this would be the first he would try in Meridian for that proposal. So, I wanted to put that out to you as well. The actual fuel sale -- excuse me. The actual washing vehicle bay is located on the east end of the property behind the convenience store. There are four bays proposed. With all of these uses there are specific use standards that the applicant has to comply with in the UDC. Given the fact that this -- the vehicle washing bay is approximately 18 feet from the current C -N zoning district down near the R-15 zoning boundary, those facilities have to be enclosed. The UDC as written requires any vehicle washing station within a hundred foot of a residential district has to be fully enclosed from that district. Keep in mind with the rezone application that the rezone boundary would move to the center line of the adjacent local street on the eastern boundary, so the actual separation will -- rather than being 13 feet will actually become 40 feet. They are within that hundred foot requirement. I would point out that the actual facility itself is approximately 120 feet from the actual living quarters of the multi -family adjacent to this site, so following that distance from that site it's just because of the zoning district boundary and the way it's written in the code, they had to impose those three bays to comply with the ordinance and they have done that. So, speaking in favor of -- excuse me. Commission -- Planning and Zoning Commission recommended approval at their April 19th hearing. The applicant spoke in favor, that's Steve Eddy. No one spoke in opposition. Staff has not received any additional testimony since the P&Z Commission. Primarily the only items of discussion at the Planning and Zoning Commission was that hour's operation. Planning and Zoning Commission, typically, as I mentioned to you earlier, had limited hours of operation on these types of facilities, particularly when they are adjacent to residential districts. In this particular application staff has not received any comments or calls from any of the adjacent homeowners, so there doesn't seem to be any concern for the proposed use that's planned for this site. Here is the landscape plan that they have proposed. Again, that complies with ordinance. It meets design review standards the applicant is proposing. Because there is a mixed use designation on the site the applicant is proposing outdoor seating and patio area for front and back, which is a nice Meridian City Council September 28, 2010 Page 34 of 54 feature and consistent with the UDC and the design manual. And also the applicant has gone far and above and beyond on the elevations as well for the proposed convenience store and fuel sales -- washing bays as well. Again, there are no outstanding issues before you this evening and I'd stand for any questions Council may have of me. de Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. Rountree: No. de Weerd: Okay. Is the applicant here this evening? Thank you. We just thought you were here for the fun of it. Eddy: I'm just here hanging out. Madam Mayor, Members of the Council, my name is Steve Eddy, 770 West Ustick, and I guess to speed things up, I'm just here to answer any questions, if you have any questions. I think we are going to try to build a first-class establishment there. I think we -- what Bill said. Bill's been great. He went above and beyond and we are excited to get going. de Weerd: Well, I think you have established that with your development you already have. Council, any questions for the applicant? Bird: I have none. Rountree: No. Bird: Just appreciate what he's got out there. de Weerd: Thank you. Eddy: Thanks. de Weerd: You could introduce your partner there. Eddy: As you know, we sold out six years ago and -- to spend time with this young man. This is my son Zach Eddy. And we are getting back in, because he's showing a lot of interest in the business and coming back around and I mean right now we are looking at our sites and they are all in Meridian. de Weerd: Very good. Well, nice to meet you, Zach. Now, are you still in high school? Z.Eddy: No. I graduated last year. de Weerd: You graduated last year. So, what are you doing now? Meridian City Council September 28, 2010 Page 35 of 54 Z.Eddy: Working. de Weerd: He put you right to work, uh? Well, very good. Well, it's nice meeting you and thank you for joining us this evening. This is a public hearing. Is there anyone who would like to provide testimony on this application? Okay. Anything further from staff? Or, Council, anything further? I would entertain a motion to close. Rountree: Madam Mayor. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we close the public hearings on RZ 10-001 and CUP 10-007. Rountree: Second. de Weerd: I have a motion and a second to close the public hearings on Items 9-D and E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: Hearing no more discussion, I move we approve RZ 10-001, Fast Eddy's Ten Mile Station, and to include staff and applicant comments. Rountree: Second. de Weerd: I have a motion and a second to approve Item 9-D. If there is no discussion, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve CUP 10-007 with applicant and staff comments. Meridian City Council September 28, 2010 Page 36 of 54 Rountree: Second. de Weerd: I have a motion and a second to approve Item 9-E. If there is no discussion, Council, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. F. Public Hearing: TE 10-020 for Centre Point Subdivision No. 2 by Blue Marlin Investments, LLC Located on the Northwest Corner of East Ustick Road and North Eagle Road Request: 18 - Month Time Extension to Obtain the City Engineer's Signature on the Final Plat de Weerd: Thank you so much for joining us this evening. It's been awhile. Okay. Next item is 9-F, public hearing on TE 10-020. 1 will ask for staff comments at this time. Canning: Madam Mayor, Members of the Council, this is a preliminary plat time extension for Centre Point Subdivision No. 2. That subdivision was approved by Council on February 27th, 2007, and Council granted an 18 month -- or, I'm sorry, staff granted the first 18 month time extension to obtain the city engineer's signature on the final plat and that was approved on November 4th, 2008, and expired on August 27th, 2010, and, then, a final plat application was approved by City Council on May 15th, 2007, but has not yet received the city engineer's signature as required by the UDC. So, the request before you tonight is for a second 18 month time extension for the preliminary plat to obtain the city engineer's signature on the final plat for Centre Point Subdivision No. 2. Staffs recommendation is for approval and staff is not recommending any new conditions at this time. To our knowledge there are no outstanding issues before Council. We have received a letter of agreement from the applicant Jonathan Seal stating that they are in agreement with the staff report. Mr. Seal was here. I didn't feel that it was necessary that he wait any longer. That was completely my responsibility. If you had preferred him to be here I take responsibility for that, but we didn't know how long that last hearing was going to go, so, really, I don't believe there are any outstanding issues that can't -- that staff can't address for you, but did want to take accountability right up front for Mr. Seal. de Weerd: Council, any questions for the staff? Rountree: I have none. Bird: I have none. Meridian City Council September 28, 2010 Page 37 of 54 de Weerd: Or any needed items from the applicant that you haven't heard from staff already? Rountree: No. de Weerd: This is a public hearing. Is there any members of the public who would like to provide testimony? Okay. Thank you. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we close the hearing on Item 9-F. Bird: Second. de Weerd: I have a motion and a second to approve Item 9-F. All those in favor -- oops. Rountree: Close the hearing. de Weerd: Sorry. Close the public hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Madam Mayor? de Weerd: Yes. Rountree: Now, I move that we approve Item 9- F for Centre Point Subdivision. Bird: Second. de Weerd: I have a motion and a second to approve Item 9-E. If there is no discussion, Madam Clerk, roll call, please. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. G. Public Hearing: TE 10-019 for Seyam Subdivision by Ronald Van Auker Located North Side of E. Franklin Road, Approximately 1,200 Feet east of N. Eagle Road Request: 18- Meridian City Council September 28, 2010 Page 38 of 54 Month Time Extension to Obtain the City Engineer's Signature on the Final Plat de Weerd: Item 9-G is a public hearing on TE 10-019. 1 will ask for staff comments at this time. Canning: Madam Mayor, Members of the Council, this is a preliminary plat time extension for Seyam Subdivision. The site is located on the northwest corner of Ustick Road and Eagle Road. The preliminary plat for Seyam Subdivision was approved by Council on January 9th, 2007. The director granted an 18 month time extension and a final plat application for Seyam Subdivision was approved by Council on January 26th, 2010, but has not yet received the city engineer's signature on the final plat. So, the request before you tonight is for a second 18 month time extension for the preliminary plat to obtain the city engineer's signature on the final plat for Seyam Subdivision. Again, staff is recommending approval and staff is not recommending any new conditions of approval with the subject time extension. To our knowledge there are no outstanding issues before City Council and we have received written testimony from Ron Van Auker, Junior, stating he's in agreement with the conditions of approval. Mr. Van Auker could not be here tonight. We did advise him that we thought it was okay, that staff could handle any questions that came up. de Weerd: Okay. Any questions, Council? Rountree: I have none. Bird: None. de Weerd: Okay. Is there any member of the public who would like to provide testimony on this application? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we close the public hearing on TE 10-019. Rountree: Second. de Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? de Weerd: Mr. Bird. Meridian City Council September 28, 2010 Page 39 of 54 Bird: I move we approve TE 10-019. Rountree: Second. de Weerd: I have a motion and a second to approve the time extension for Item 9-G. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. H. Public Hearing: VAC 10-006 for Spring Creek by Douglas Clegg Located at 3165 N. Meridian Road Request: Vacate an Existing Irrigation Easement on the Site de Weerd: Item 9-H has been requested to continue to the next available meeting, which it would be next week. Zaremba: Madam Mayor? de Weerd: Yes, Mr. Zaremba. Zaremba: I move we continue VAC 10-006 to our regularly scheduled meeting of October 5th, 2010. Rountree: Second. de Weerd: For the record, I did open the public hearing on VAC 10-006 and it has been moved to continue to our next meeting on October 5th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. I. FP 10-007 for Commercial North by Brighton Properties, LLC Located East Side of North Linder Road, Approximately 1/4 Mile North of West McMillan Road Request: Final Plat Approval for One (1) Commercial Lot on Approximately 1.48 Acres in a C -G (General Retail and Service Commercial) Zoning District de Weerd: Okay. Item 9-1 is FP 10-007. 1 will ask for staff comments at this time. Parsons: Thank you, Madam Mayor, Members of the Council. The subject site is located on the east side of Linder Road, north of McMillan Road. This is a final plat Meridian City Council September 28, 2010 Page 40 of 54 application for one commercial lot with the extension of a public street. If you recall, back in 2009, a self-service facility was before Planning and Zoning Commission just north of this and in order to facilitate that cross -access and provide a local street, the applicant had to come in and talk about a condition with the staff report. To staffs knowledge there is no outstanding uses before you and with that I'd stand for any questions you may have. de Weerd: Thank you, Bill. Any questions for Council? Bird: I have none. Rountree: I have none. de Weerd: Okay. Is this a public hearing? Rountree: Yes. No. de Weerd: Okay. I would ask if there anyone who would like to comment on this item? Okay. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve Item 9-I, FP 10-007. Bird: Second. de Weerd: I have a motion and a second to approve Item 9-I. If there is no discussion, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. J. Public Hearing: CPAT 10-001 by City of Meridian Planning Department Request: Amend the Text of the Comprehensive Plan Pertaining to the Mixed Use Land Use Designations Contained in Chapter VII de Weerd: Item 9-J is a public hearing on CPAT 10-001. 1 will ask for staff comments at this time. Meridian City Council September 28, 2010 Page 41 of 54 Hood: Thank you, Madam Mayor, Members of the Council. I am here this evening to give a quick outline for CPAT 10-001. The application requests to amend the text of the Comprehensive Plan. All the proposed changes are in Chapter 7, between pages 100 and 107 of the city's comp plan. Essentially, what we are -- the planning department is proposing is to update the definitions of the mixed use categories contained in the plan. Staff has heard and had first-hand experience with the current definitions and we think there is some room for some improvement to those, so we have proposed a new guide for development in the mixed use categories. The changes we have drafted, we drafted in house and solicited input from developers, property owners, real estate agents and I went to the BCA and developer's council on April 13th and solicited comments. Thought Mr. Wardle may hang around, because he was, actually, one of the ones that provided us comments and David Turnbull, but I think maybe that speaks that he walked out when this item was coming up. We worked with them pretty closely on putting this application together. But, anyhow, staff believes that the proposed changes to the mixed use definitions in the text, again, does a better job of guiding developers, staff, decision makers, it just makes it clearer on what the visions are for those mixed use areas. The text changes proposed within the application are both in content and format of the plan, because of the mixed use regional, the mixed use nonresidential and mixed use interchange definitions were amended within the past couple of years, most of the existing texts in those sections were kept intact. Primarily those were just modified for consistency sake in the text. But the substantive portion of those areas didn't change substantiality. The most significant changes are proposed to the general mixed use and the neighborhood center definitions and the mixed use neighborhood and mixed use community definition. Again, staff tried to organize them to make it more user friendly. I will note we had some figures in there right now that are kind of place holders. As we get the new comp plan formatted Will Thornton has -- is working on doing some customized graphics that are similar to the one that's on the one PowerPoint that we have proposed or on the overhead tonight, but those are forthcoming. One of the -- one of the comments that staff did receive early on, again, from Brighton was a request for a mixed use matrix that could compliment the text. That was before we fine tuned and have the text that you see before you now in its current version. However, there may be some usefulness still to putting a matrix together. We will look at that. It wouldn't be part of the text itself, at least as envisioned, but maybe a handout over the counter that we could give to folks to just kind of supplement the text. Another change I'd just like to call out is from the Planning and Zoning Commission. They would like to also exclude schools from the square footage limitations. That was one of the requests that Brighton had. If we had a neighbor grocer go into some of these, that seems to be an appropriate use that oftentimes needs a larger square footage, so they excluded neighborhood grocers as they tend to be neighborhood serving. Same with schools. So, the Planning and Zoning Commission recommendation -- excluding schools from the square footage cap. I have not received any other comment, know of no other comments again since this went out, but I will stand for any questions. We appreciate your consideration. de Weerd: Thank you, Caleb. Any questions from Council? Meridian City Council September 28, 2010 Page 42 of 54 Rountree: I have none. Bird: I have none. Zaremba: Madam Mayor? de Weerd: Yes. Zaremba: Can we make any distinction between public schools or private schools when we do or don't allow the size limit to change? Hood: Madam Mayor, Councilman Zaremba, I don't know if that was directed at me or the rest of the Council. Certainly you can. Zaremba: I guess it's directed at everybody, including Mr. Nary and you. Hood: I'll let you know that the Commission had that same discussion. I think where they ended up was most private schools don't tend to be that large. A 40,000 square foot private school just seemed -- they couldn't really fathom that, so they thought, well, I don't know that we need to put in the distinction, because that just didn't seem to be -- we couldn't think of any that were out there that were that large, so -- Zaremba: Okay. de Weerd: Okay. Any other comments? Thank you. Hood: Thank you. de Weerd: Is there any member of the public who would like to comment on this item? Okay. Council? Canning: Madam Mayor, Members of the Council, if I could comment on Mr. Zaremba's question -- Councilman Zaremba's question. Our zoning ordinance doesn't distinguish between the two, but it may be appropriate, given that a public school does serve the surrounding community. A private school of that size would be serving a much larger geographical area. So, it wouldn't be neighborhood serving, it would be almost regional serving. I suspect Cole Christian is that large over here and they -- you know, that's -- that's not a local school. So, it may be appropriate to make that distinction. Zaremba: Madam Mayor? de Weerd: Yes. Zaremba: And there are other kinds of private schools, I guess. I'm thinking of the University of Phoenix, their building is probably considerably larger. I almost hope that schools like that grow. That may not be appropriate in the mixed use neighborhood Meridian City Council September 28, 2010 Page 43 of 54 setting that we are talking about. So, I guess I would propose that we make the distinction that public schools are not limited. To other people -- Bird: Yeah. Rountree: Good suggestion. Bird: I think it's a good idea. Zaremba: And with that l move we close the public hearing on CPAT 10-001. Rountree: Second. de Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I move we approve CPAT 10-001 with the additional amendment to include the change of limitation on schools is for public schools. Rountree: Second. de Weerd: I have a motion and a second to approve Item 9-J with the change as noted. Or with the addition as noted. Any discussion? Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Continued Department Reports A. Mayor's Office: Resolution No. 10-744: A Resolution of the Mayor and the City Council of Meridian Appointing Dr. Bruce Gestrin from Joint School District No. 2, John Wasson from Ada County Highway District, and Faye Gabriel as Commissioners of the Meridian Traffic Safety Commission de Weerd: Thank you, Caleb. Okay. Under Item 10, Council, you do have two resolutions in front of you to appoint and reappointed members to these two Meridian City Council September 28, 2010 Page 44 of 54 commissions. I will be bringing another citizen name for you regarding the solid waste advisory commission next week, but would ask for your approval of these two resolutions for the citizen and partner appointments. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve resolution 10-744, a resolution of the Mayor and City Council appointing Dr. Bruce Gestrin, John Wasson, and Faye Gabriel to the Meridian Traffic Safety Commission. Zaremba: Second. de Weerd: I have a motion and a second to approve Item 10-A on Resolution 10-744. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Mayor's Office: Resolution No. 10-745: A Resolution of the Mayor and City Council of the City of Meridian Appointing Members to the Solid Waste Advisory Commission de Weerd: Item 10-B. Any question on that? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve Resolution 10-745 regarding appointing members to the Solid Waste Advisory Commission. Rountree: Second. Zaremba: Second. de Weerd: I have a motion and a second to approve Item 10-B. Is there any discussion? Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. de Weerd: All ayes. Motion carried. Meridian City Council September 28, 2010 Page 45 of 54 MOTION CARRIED: THREE AYES. ONE ABSENT. C. Planning Department: Priority Transportation Projects - City Council Endorsement of Priority Roadway, Intersection, Sidewalk, and Pathway Projects to Send to the Transportation Agencies in Ada County de Weerd: Item 10-C is our Planning Department. I will turn this back over to Caleb. Hood: Thank you, Madam Mayor, Members of the Council. I'm back for, hopefully, the last time to talk with you about priorities for this year. This shouldn't take too much time, won't beat it any harder than we need to, but it is time to send the final list or get ready to send the final list over to the transportation agencies. On September 16th the Transportation Task Force met again and the members discussed and finalized their recommendation to you all on the priorities for 2010. 1 have drafted a letter since we pretty much finalized the community programs list last time, two weeks ago when I was here, and I do have that and I will give that to the clerk for the Mayor to sign. But I just wanted to make sure that everything in the memo that was prepared, dated the 23rd from me to you is -- looks in order and, then, call out one thing that came up at our last meeting and did a little more digging into and that is the Linder Road - Divide Creek gap in the sidewalk that -- just north of the Brighton development, in between Rocky Mountain and Walgreens and I think they have some storage units that are going in there and there is a gap in the sidewalk there and we are all pretty confident that the developer said they would put that piece of sidewalk in. That piece of sidewalk is in. The request, as I understand it, was actually the school district wants to see a separate crosswalk put in there, one of the HAWK signals, just a ped crossing there. We vetted that through the task force and the traffic safety commission, actually. The members there thought that's so close to the intersection of McMillan, putting another signal that close to kids -- you know, if they need to cross they can walk down -- it is down and around, so you're still likely to get some folks -- some kids jay -walking or crossing there, so -- but you have got a signal at Cayuse Creek and a signal or at least a protected area at McMillan. So, putting something that close to McMillan, at least from the traffic safety standpoint, didn't seem to be something they fully could get behind anyways. So, that was really the request from the school district. So, I'd propose that we not submit an application for that one, but if you want to support the school district and you do think that's a feasible project, I can also put out an application for that project. So, that one is number 25, Linder to Divide Creek. Again, the gap is there. It would be for a pedestrian crossing or a HAWK signal. So, I just wanted to kind of close the gap -- or the loop on that since we discussed that last time. So, with that I'm going to move on, unless there are any other comments on the community program stuff. So, moving on, then, to roadways and intersections. Again, during the September 16th meeting the task force made no changes to the roadway priorities that you looked at a couple of weeks ago. There were some changes to the intersection priorities. What the task force did was move all the state intersections along Chinden Boulevard to the bottom of our priority list and the intersections -- and that -- what that, basically, did was move the intersections Meridian City Council September 28, 2010 Page 46 of 54 on Black Cat up those four and five spaces or slots in the priority list. The thinking was that the state intersections don't score well at ACHD, they are not likely to do anything with them anyway, so some that is a little bit gaming the system, so it doesn't really truly reflect our priorities for some of the intersections, but as far as our audience -- we are sending this to ACHD, a lot of those intersections they aren't going to do anything with. They are working with the developer at Linder and Chinden and I think they, actually, last Wednesday agreed to enter into an agreement for one of the developers on the Eagle side to construct that intersection early. But a lot of the other intersections on Chinden, the district really is kind of pushing back or looking for more partnerships from IT on some of those intersections. So, that's kind of what happened there. Additionally, all of the intersections in north Meridian were added to the list. That's something that Councilman Rountree asked that we look at. None of them were added to the list, higher up the list or the middle part of the list, but they are on the list, so we can look at them in the upcoming years as well and move them up as needs arise. So, if you have any other comments or -- you've had a couple weeks now to kind of think about the priority list, so if we can maybe do the roadways and see if there is anything you want to change around in the roadways and, then, I have a couple of other comments in the intersections portion. But if there are any other roadway priorities you want to jostle around, I'm prepared to write down if you want to vote, too, there is not a consensus of where a project should be, but if not I will move onto intersections, so -- de Weerd: Thank you. Council, any comments or any changes desired? Zaremba: Fine so far. de Weerd: So far so good, Caleb. Hood: Okay. I'll keep rolling. Intersection priorities. I mentioned some of the changes. I wanted to -- before I go into the priorities just you give quickly one of the priorities that we are taking off of the list for this year, the McMillan - Locust Grove project on the 90 day bid list at ACHD, so that will be bid here, fingers crossed within the next few months. Also on the 90 day bid list is the Ten Mile project between 1-84 and the realigned Overland. So, those projects are, again, going out to bid here this fall, so I just wanted to quickly highlight that. I did mention moving all the Chinden intersections down. Still the most important one there is Ten Mile - Chinden certainly, so -- and the thought with moving those, again, is the audience. So, what we will talk about, finally, is the ITD priority list and the transportation task force -- we didn't vote on it or have any consensus motion on it, but maybe some discussion by the Council if you think it's a good idea to just call out, you know, maybe rather than right now we have US 20-26 for seven miles, if we maybe bite off smaller chunks and list individual intersections for the state, maybe we gain some traction that way. So, that was a thought. I was adding those also to the list that we send over to ITD. So, if you could hold that thought maybe we will get through ACHD intersections first and, then, jump to that. I did mention last time that ACHD is shaking up their priority system. Part of that is the narratives that they are asking each city to submit for a handful of their projects that maybe don't score well or maybe there is some additional reasons why it's a top priority or even a middle Meridian City Council September 28, 2010 Page 47 of 54 priority for a city, that aren't part of their technical criteria, so something in the memo or that has been talked about, if there is economic development reasons for it at the city level, if it's on a VRT bus route, if the city has infrastructure planned, so it's in Public Works capital improvements plan or something like that. Or if there is any matching or partnership funds, those are all things that can get you bonus points at ACHD with these projects, so we talked about that as a task force. We threw out a couple of projects, split corridor phase two for many of those reasons and the Linder Road overpass project, both seemed to have some other factors that aren't quite caught in just their technical criteria. I would also propose to you -- and this isn't from a task force, just for myself, but Ten Mile, Ustick to McMillan, also I think we can build on our letter to ACHD last year and just the Ten Mile corridor, I think there is some good justification, maybe, for some bonus points. It's currently our number eight project, but could be one that I prepare a narrative for and could potentially get some bonus points for. Another intersection, potentially, would be Locust Grove and Victory. That one is unfunded in the five year work plan right now, so to get it in the program -- it's our number five intersection right now. That would be another one where I could see writing a narrative on just within the overpass and, then, it necks down there right by the high school and that intersection certainly needs some work and they are aware of that and I think maybe just some bonus points for that one. So, anyway, there is four that I have kind of identified with task force help, but certainly I'm open to any others where you think maybe we could bump or give some bonus points to or call up some additional justification. So, are there any -- do those sound good, do those sound bad, are there any other ones -- I'd like to limit it to five or six max. They are scoring -- they will guarantee that they will score three. They can score a couple more, but it has to be a vote of the CIC to say, yeah, we will score a couple more for that jurisdiction, so -- so, with that I guess I will ask for any feedback that you have on applications that I should -- or projects that I should prepare applications for. de Weerd: Thank you, Caleb. Council, any comments? Bird: I have none. Rountree: Caleb, just on the intersections, Black Cat and Cherry is going to become a problem, if it isn't already from a safety standpoint, because you have got -- you have got multi -lanes on two sides and just three lanes on the other two sides and when you have got two cars southbound and three cars westbound and three cars eastbound and two cars northbound and -- it can get real confusing and as the volumes pick up out there -- and they will once Ten Mile opens up, that's -- I think, Scott, you guys are going to have a lot of fun out there. So, I would say that one is probably in anticipation of some real safety issues might be one you want to write about. Hood: Madam Mayor, Councilman Rountree, I can definitely add it to the list. That would make five. I will also just let you know that was something we talked about at traffic safety last week. So, ACHD is going to put in some additional lighting, just so you know, because at nighttime it's dark and, then, you have all the lanes, so they are going to put up some lights to help that out. And look at striping the -- so, at least if you're Meridian City Council September 28, 2010 Page 48 of 54 westbound on Cherry, say, so you don't -- it doesn't come down into one lane right away, you would at least have a little bit more time to merge in. So, they are aware of it. Citizens are aware of it. I got another, you know, hey, it's -- it's a hazard out there, you don't know who has the right of way, we are all coming to a stop and so they are aware of it. I can put a narrative together. So, the wheels are already turning on that one, so -- any other comments that way? De Weerd: No. Hood: Okay. So, I think one of the last things is just as I prepared -- again, I have got the one done for community programs, as we send our letter to ACHD with these list of projects. You know, last year we talked about intersections, how we thought intersections you should maybe tip the pendulum a little bit more towards intersections, rather than roadways. You can get a little more congestion relief. Didn't know if the Council, again, wanted to -- had any points or observations or comments or thank you or anything that we want to put into a letter as we attach these priority lists over to the highway district, so certainly I can do some of that, but if there is any specific points you want me to make, I can take notes now and we can make that part of our -- our request list or a cover letter for our priorities, so -- de Weerd: Okay. It doesn't look like it. Hood: Certainly we will thank them, again, for all the stuff they do in Meridian and -- as we ask for more. So, I would move on, then, to the ITD projects. I stated earlier adding some more right now -- we have five and we talked about this last -- last time, too. The five priority projects on the state system, Meridian Road interchange rebuild, one. Widen 20-26, two. Linder Road overpass, three. Eagle Road corridor improvement, four. And State Highway 16, five. So, that's the list of priorities that the task force recommended. Again, although we could break those into smaller segments or intersections on -- on Chinden or Eagle Road to -- just as an option, so I guess I'm clay if you want to mold that any way or we can just go with the five we did last year. Again, the only change is we flip-flopped 20-26 and Linder Road overpass, so -- and I will answer a question, because that came up on why -- why they decided to flip-flop it and got a little clarification from the task force. Just the volumes on 26, it's an issue today, where Linder Road overpass is something that's a little -- you know, they certainly liken it to a Locust Grove and how well that's helped out traffic flow on Eagle and Meridian Road and can see that being of benefit, but just with what's going on at 20-26 now, that seemed to be the higher priority for the task force, so, hopefully, that answers the question from last time. Any comments on the state priorities? de Weerd: Good. Rountree: Go with them. Meridian City Council September 28, 2010 Page 49 of 54 Hood: Okay. Sorry to take so much of your time, then, tonight and I'm glad you didn't have a lot of comments, but if anything ever comes up you know where I'm at, so thank you for your time. de Weerd: Well, we certainly appreciate the time and attention that you have given this, Caleb. You have done a stellar job, as has our transportation task force. Hood: Thank you. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I was just going to comment that the lack of comment speaks to how well you have it organized and you have prepared us for this, so thank you. Hood: Thank you. de Weerd: You're getting good at that mind reading stuff. It's kind of scary. Okay. Council, I do believe that we need a motion on this item. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I move that we authorize Caleb to forward these priorities to the appropriate transportation agencies, ACHD and ITD and probably with copies to COMPASS. Hood: VRT. de Weerd: Yes. Rountree: Second. de Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. de Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. D. Public Works: Water Conservation Plan Development de Weerd: Item 10-D is our Public Works Department. Turn this over to Kyle. Meridian City Council September 28, 2010 Page 50 of 54 Radek: Madam Mayor, Council Members, thank you. I have a brief informational briefing to give you and, then, an opportunity for you to give us some comments and guidance on one of the items that we are moving forward with on our water master plan, which is a conservation plan, a formal conservation plan, which we had never had before. Madam Mayor, I believe you and Mr. Zaremba have seen one or two of these slides before in our water workshop, but for the benefit of everybody who hasn't seen them, we did have in 1993 -- in summer of 1993 we had kind of an emergency conservation plan, which was really because we couldn't pump enough water. We didn't have the infrastructure and we needed people to conserve just because we hadn't added the infrastructure, but our -- the concept of our conservation plan at this point is that we want to protect our -- and preserve our resource that we have and we have the additional benefits of it may save us money in the long run and we may have to build -- if we conserve water we may have to build five wells instead of ten wells in the next 20 years and we may actually be able to enable additional growth if we can use our resource more wisely, so there is added benefits to doing that. The basic elements of the conservation plan -- a lot of them are found in the water master plan. We describe the area, we describe historic use and the system. We look at current conservation measures and potential conservation measures and recommend a plan. But what I want to talk to you about tonight is that we envision bringing in a working group to help us with objectives, goals, and proposed measures that can be implemented to enable whatever conservation we -- the working group finds appropriate and, then, recommend that to Council for adoption. So, we wanted to give you the opportunity to weigh in and provide guidance and comments. We envision a working group composed of staff to lead the group and some commercial water customers. We are looking at some of our, you know, major consumers, water parks, golf courses, car washes, hotels, that kind, and, then, interested residential customers as well. You may be looking at a little bit of eye candy that I have on that slide there for you. I like to throw in something besides words, just so you don't get too bored. That's a -- de Weerd: I have never heard a graph described as eye candy. Radek: Well, maybe to -- engineers would definitely call that eye candy, Madam Mayor. de Weerd: Oh, yeah. Considering the source. I'm sorry. Radek: Maybe not so much for -- for the general public, but that's a graph of our maximum day this year, just for your information, and that was -- that's about 17 million gallons on July 26th, which is -- as you can imagine, a little less than our maximum day previous couple years, because we had kind of a cool summer. So, that's really the -- what I wanted to let you know what we were doing and what our vision was on this conservation plan and open it up for some comments and opportunity for you to give me some guidance on it. de Weerd: Okay. Thank you, Kyle. Council, any comments? Meridian City Council September 28, 2010 Page 51 of 54 Bird: I have none. Rountree: Madam Mayor and Kyle, do you envision programs such as reduced flow shower heads and those kinds of things that I have seen in other communities over the years? Radek: Yes, Councilman Rountree. We have, essentially, a list of all kinds of conservation measures that can be implemented by the Public Works Department, they can be implemented by customers that can be encouraged by the Public Works Department, incentive programs for what you talked about, low flow shower heads, low flow toilets, rebate programs, all kinds of stuff like that and we'd like to -- we'd like to see from the customers what kind of things they would like to see and what kind of things they think are appropriate. I know people view conservation in a lot of different ways and one -- one important thing is if you conserve water you -- you lose revenue, so -- so, there is a lot of different angles we -- we will see it from and we'd like to consider just about everything. Rountree: My only other comment is that I think it's something we should be doing and glad we are moving forward with it. Radek: Thank you very much. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I agree with that. I think this is a very important thing to get ahead of, having lived in other communities that got into problems. I think this was a wise move to make and make plans. Just as a side comment, Coffee With The Mayor this morning was at Wahooz and the same owners own the water park next door and I overheard one of them talking about as the season ends they leave all the water in their -- the vents to allow the chemicals to evaporate out of them and, then, they pump it out and use it on their landscaping. So, that's a reuse and conservation that -- good for them. de Weerd: I think our Public Works staff has been working with any of the heavier users to find positive solutions to mitigate their impact. That is a positive one. Our Public Works staff has also been working with Roaring Springs on how much water they put into the system, at particularly this time of year, so they don't overload our sewer treatment plant and affect our permits. So, I appreciate the pro -active work that our staff is doing in taking care of our precious resources, so -- Radek: Thank you, Madam Mayor. Item 11: Ordinances. A. First Reading of Ordinance No. 10-1457: Texting While Driving Meridian City Council September 28, 2010 Page 52 of 54 de Weerd: Thank you. Okay. If there is nothing further on this item, we will move to Item 11 and ask our city clerk to, please, read the first reading of Ordinance 10-1457. Holman: City of Meridian Ordinance No. 10-1457, an ordinance repealing Title 7, Chapter 1, Section 9 of the Meridian City Code, regarding impounding vehicles and replacing with a new Title 7, Chapter 1, Section 9, regarding texting while driving and providing an effective date. de Weerd: Thank you. That is the first reading. We will have it on our next agenda for reading number two. Rountree: Madam Mayor? de Weerd: Council, any comments -- yes. Rountree: On that particular item there was a report out today -- and I believe it came out of US DOT, that some of these activities relating to texting appear to actually be causing problems, as opposed to helping the situation. So, I think we need to take a look at that particular information and see if it has a basis in fact as we move through this. B. Ordinance No. 10-1458: Board of Adjustment Ordinance de Weerd: Okay. We can certainly comment on it at the next reading. Thank you. Okay. Item 11-B, proposed Ordinance 10-1458. Madam Clerk, if you will read that by tile only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance 10-1458, an ordinance of the City of Meridian providing for a new chapter, Chapter 7 of Title 2 of the Meridian City Code, relating to the establishment, duties, and powers, membership, organization, meetings and hearing procedures of the Board of Adjustment and right to appeal, repealing Title 9, Chapter 1, Section 17 of the Meridian City Code regarding the Board of Appraisers and replacing with a new Title 9, Chapter 1, Section 17, relating to dispute resolution, Board of Adjustment, amending Title 9, Chapter 1, Section 19, relating to establishment of meter installation fees, amending Title 9, Chapter 1, Section 21, relating to termination of service, notice, and right to hearing, providing for a saving clause, and providing an effective date. de Weerd: Thank you. You have heard the reading of this ordinance. Is there anyone who would like to hear it read in its entirety? Seeing no brave soul out there -- thank you. Council? Rountree: Madam Mayor. de Weerd: Mr. Rountree. Meridian City Council September 28, 2010 Page 53 of 54 Rountree: I move that we approve Ordinance 10-1458 with suspension of rules. Zaremba: Second. de Weerd: I have a motion and a second to approve Item 11-B. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Other Items. A. Resolution No. 10-746: A Resolution of the Mayor and the City Council of the City of Meridian, Establishing Appointments for Members of the Meridian Board of Adjustment de Weerd: Okay. Our last item of the evening is Item 12 and it's Resolution 10-746. This is an exciting resolution, by the way. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I move we approve Resolution 10-746. Rountree: Second. de Weerd: I have a motion and a second on this item. If there is no discussion, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. de Weerd: We are at the end of our agenda. Rountree: Move to adjourn. Zaremba: Second. de Weerd: All those in favor? All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council September 28, 2010 Page 54 of 54 De Weerd: Thank you. MEETING ADJOURNED AT 9:51 P.M. (AUDIO RECORDING ON FILE OF THESE MAYOR TA h91 de WEERD PROCEEDINGS) DATE APPROVED ATTEST: JAYCEE 0 HOLMAN, CITY CLE OF M��,'<f,,Rs rF :�K o SEAL COUNTY Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 7, 2010 City Council Special Meeting MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS q -aa — �� q ► � M � � �t Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 7, 2010 City Council Regular Meeting MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Citizen's Survey Contract with Infogroup/ORC for a Not -to -Exceed Amount of $25,000.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 6YtLjln0,l Y't CC AGREEMENT FOR PROFESSIONAL SERVICES Citizen Survey Project 10200 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of September , 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 Opinion Research Corporation hereinafter referred to as "Consultant", with an office at 600 University St Ste 2704 Seattle WA 98101-4151. INTRODUCTION Whereas, the City has a need for services involving Citizen Survey ; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 Consultant shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 Except with respect to Consultant's Intellectual Property, all of Consultant's work product under this Agreement and all concepts, inventions, ideas, patent rights, data, materials, trademarks, and copyrights which are related to, arise out of, or in connection with (i) Consultant's work product or (ii) any and all Services performed by Consultant pursuant to this Agreement will be the exclusive property of, Citizen Survey page 1 of 11 i"'� Project 10200 and all ownership rights shall vest in, the City. Consultant agrees to sign all necessary documents or take such other actions as City may reasonably request in order to perfect any and all such rights. 1.3 Except with respect to Consultant's Intellectual Property, the parties expressly agree that all works created pursuant to this Agreement are Works Made For Hire, as defined in the U.S. Copyright Act, 17 U.S.C. 101, and shall vest in City as author. All other work product, whether copyrightable or not, including without limitation, any works which may be deemed by a competent authority not to be Works Made For Hire created pursuant to this Agreement, are hereby assigned to the City by Consultant, including without limitation, all right, title and interest in and to the copyright thereof throughout the world, including all renewals and extensions thereof and including the right to make and distribute copies in any media, to translate, and/or make derivative works therefrom. Consultant agrees to execute and to secure the execution from the applicable authors retained by Consultant all registrations, assignments, transfer documents and other instruments necessary or desirable in the reasonable opinion of the City to record any assignment or registration of copyright or other transfer of ownership in any work transferred to City pursuant to this Agreement. 1.4 City shall retain no interest in Consultant's Intellectual Property. "Consultant's Intellectual Property" shall consist of proprietary information of Consultant including, without limitation, any materials, questionnaires, trademarks, methods, inventions, discoveries, information, reports, testing methods, practices, procedures, test apparatus, equipment, ideas, documentation, business plans, services, databases, software, or processes licensed to or developed or used by Consultant for its general business or that have applicability to the services Consultant provides to other clients and not developed specifically and solely as part of the Services and paid a fee for by the City for such development. 1.5 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and City laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, Citizen Survey page 2 of 11 '"� Project 10200 either express or implied, as part of this Agreement including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and all such other warranties are hereby disclaimed . 1.6 Services and work provide by the Consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be compensated on a Lump Sum basis, for the Not -To -Exceed amount of $25,000, as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt r� of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This Agreement shall become effective upon execution by both parties. The Consultant shall complete the survey on or before NOVEMBER 19, 2010 and shall present the completed survey questionnaire for Meridian City Council review and approval at a regular City Council meeting by Citizen Survey page 3 of 11 Project 10200 DECEMBER 31, 2010. This Agreement shall expire upon completion of the agreed upon services, or unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultant's business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, Consultant shall be acting as an independent contractor, and neither Consultant nor any officer, employee or agent of Consultant will be deemed an employee of City. Except as expressly provided in Attachment A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the City in the performance of this agreement shall be made by the City. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the ^ requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. 5. Indemnification and Insurance: Consultant shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Consultant, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of City or its employees. Consultant shall maintain, and specifically 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 Citizen Survey page 4 of 11 '"� Project 10200 s -r occurrence and Workers' Compensation Insurance , in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits, herein provided, Consultant covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Consultant or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. Consultant shall provide City with a Certificate of Insurance, or other proof of insurance evidencing Consultant's compliance with the requirements of this paragraph and file such proof of insurance with the City at least ten (10) days prior to the date Consultant begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, Consultant shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Opinion Research Corporation Attn: Rebecca Elmore-Yalch Public Services Group 600 University St., Ste 2704 Seattle, WA 98101-4151 206-624-6465 ext 62008 Beckyyalche-opinionresearch.com Citizen Survey page 5 of 11 Project 10200 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 9. Assignment: It is expressly agreed and understood by the parties hereto, that Consultant shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of City. 10. Discrimination Prohibited: In performing the Services required herein, Consultant shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Information: 11.1 At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. 11.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of five (5) 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. Citizen Survey page 6 of 11 �"'r Project 10200 n 12. Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Consultant's records with respect to all matters covered by this Agreement. Consultant shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The City shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In performing the scope of services required hereunder, Consultant shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The City may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation, which are mutually agreed upon by and between the City and Consultant, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, Consultant, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. Consultant may terminate this agreement at any time by giving at least sixty (60) days notice to City. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by Consultant under Citizen Survey page 7 of 11 /"� Project 10200 this Agreement shall, at the option of the City, become its property, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Consultant, and the City may withhold any payments to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from Consultant is determined. This provision shall survive the termination of this agreement and shall not relieve Consultant of its liability to the City for damages. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. f CITY OF MERIDIAN TAMM W EERD, MAYOR Approved by City Council: q ao Ic) Citizen Survey Project 10200 Opinion Research Corporation M page 8 of 11 Attest: E MOLMAN, CITY Approved as to Cont nt BY: Keitl, atts, Purchasing Manager Dated: /0— ! 6—/ n Approved as to Form CITY ATTORNEY TITLE: 6v1 Q Dated: (0- j) - Q01 D Citizen Survey page 9 of 11 Project 10200 Attachment A SCOPE OF SERVICES • Attend City Department Directors Meeting to develop survey question guidelines. • Prepare a survey questionnaire in accordance with the results from the City Department Directors Meeting results. • Completion of a minimum of 500 surveys with a representative sample of Meridian residents (18 years of age and older). • Survey length not to exceed 20 minutes, with no more than 2 open-ended questions. • Deliverables to include: ~ o Detailed work Plan o Pre -Survey Citizen Interviews (20-25) o Survey questionnaire o 2 sets of banner tabulations o Calculation of Meridian's Five -Star Rating o Topline Report o Final Report o Presentation • Travel costs are included, assuming one on-site visit for the project kick-off or questionnaire generation and one on-site presentation to Council to present results. Citizen Survey page 10 of 11 �"� Project 10200 REQUEST FOR PROPOSAL MYR-10-10200, ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Request for Proposal Package # MYR-10-10200, are by this reference made a part hereof. Attachment B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $25,000.00. Fees will be billed monthly for completed tasks only, per the following schedule of values. TASK DESCRIPTION AMOUNT A. Project Design, Setup, General Management $4,100.00 B. Data Collection $11,085.00 C. Data Preparation / Tabulation $4,490.00 D. Analysis, Reporting, Presentation $6,575.00 E. Complementary Use of 5 -Star Rating (-$1,250.00) TOTAL $25,000.00 Citizen Survey page 11 of 11 Project 10200 Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Confidentiality Agreement Between the City of Meridian and Northwest Pipeline, GP for Transfer of Geographic Information System (GIS) Data MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS `� �p _C, t I n t pAx r EN DIAN�-- Public � D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Robin Jack, GIS Technician DATE: September 8, 2010 Mayor Tammy de Weerd City Coundl Members Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: AGREEMENT WITH NORTHWEST PIPELINE GP FOR TRANSFER OF GIS DATA I. RECOMMENDED ACTION A. Move to: 1. Approve the confidentiality agreement for transfer of GIS data from Northwest Pipeline GP; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Robin Jack, GIS Technician 489-0368 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION Back rg ound Currently the City of Meridian does not have GIS data for the Williams Pipeline. Meridian Fire Department is requesting this data for emergency response and planning purposes. IV. IMPACT Page I of 2 A. Strategic Impact: This agreement furthers the goal of Public Works to increase collaboration with external agencies such as Northwest Pipeline GP and helps protect information about Northwest Pipeline GP infrastructure from being misused or shared with unintended parties. B. Service/Delivery Impact: It would make land use decisions on certain high life hazard occupancies and critical public safety infrastructure easier. It would ensure they were not constructed to close to the pipeline. C. Fiscal Impact: No direct impacts to either agency. V. ALTERNATIVES Council may choose not to approve the agreement and continue with "business as usual," however this is not recommended as the benefits of having Northwest Pipeline GIS data would assist emergency responders in mitigating incidences involving pipeline infrastructure. VI. TIME CONSTRAINTS Although there is no time constraint, Council's approval will allow for immediate transfer of data and would help with planning and emergency response efforts. VII. LIST OF ATTACHMENTS A. Confidentiality Agreement: Transfer of GIS Data Approved for Council Agenda: b i arren Stew , Engineering Manager to Page 2 of 2 Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with Chief Joseph Elementary School to Provide Artist in Residence to Teach Golden Rule Themed Dance Workshop Series and to Produce a Dance Performance Titled "Old Turtle and the Broken Truth" for a Not -to -Exceed Amount of $1,500.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS C)l ropy +0 NIep ,�seQ►-� — hq I ho,l PROFESSIONAL SERVICES AGREEMENT WITH CHIEF JOSEPH ELEMENTARY SCHOOL This PROFESSIONAL SERVICES AGREEMENT WITH CHIEF JOSEPH ELEMENTARY SCHOOL (hereinafter "Agreement") is made this 28th day of September, 2010 (the "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), through the duly delegated Meridian Arts Commission, and Chief Joseph Elementary School, a public elementary School in Meridian Joint School District no. 2 (hereinafter "School"). WHEREAS, the mission of the Meridian Arts Commission is to develop, advance, and nurture all facets of the arts to enhance the quality of life for Meridian residents and its visitors; WHEREAS, the mission of School is to provide a safe and respectful learning community with high expectations for achievement and accountability; WHEREAS, the respective leaders of City and School find that these missions complement each other and wish to work together to provide opportunities for School's students to explore and achieve respect and accountability through the study of and active participation in the performing arts; 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, City and School agree as follows: 1. Statement of Work. School shall provide programming as described in the project narrative as set forth in Exhibit A, which narrative is incorporated herein by reference and made a part of this Agreement as if set forth in its entirety in this Agreement. 2. Compensation and payment. Upon completion of services described herein, and School's provision to City of a completed W-9 form, City shall pay School for professional services set forth herein in the amount of one thousand five hundred dollars ($1,500.00) by check sent U.S. Mail. 3. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed via United States mail, addressed as follows: Chief Joseph Elementary School City of Meridian Brett Nordquist, Principal Emily Kane, Deputy City Attorney 1100 E. Chateau Drive 33 East Broadway Ave Meridian ID 83646 Meridian ID 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. 4. Assignment. City shall not assign or sublet all or any portion of City's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of School. School shall not assign or sublet all or any portion of School's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior PROFESSIONAL SERVICES AGREEMENT wiTH CHIEF JOSEPH ELEMENTARY SCHOOL PAGE ] OF 2 written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representatives, successors, and assigns of the parties. 5. No agency. Neither School nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose. 6. Compliance with laws. In performing the scope of services required hereunder, City and School shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 7. Discrimination prohibited. In performing the Services required herein, School shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap. 8. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 9. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 10. Applicable Law. Tlus Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. 11. Approval Required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and School. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. CHIEF JOSEPH ELEMENTARY SCHOOL: BY: Brett Nordquist, Principal CITY OF MERIDIAN: \\ �I I;, BY: ttest: Tammy�,*eerd = ayc Mayor = SEA ler •'9o�Usr�s�IN- PROFESSIONAL SERvtcEs AGREEMENT wrrH CHIEF JOSEPH ELEMENTARY SCHOOL PAGE 2 OF 2 EXHIBIT A Arts Education- Project Giant Narrative 1. Briefly describe organization or school and the project for which fund are sought. Chief Joseph Elementary is a K-5 elementary school in Joint School District #2. The school is located in Meridian, Idaho. The school population ranges from 530 -to -550 students each year. Our school's mission statement is "Pursuing excellence through academics, arts, and character development." We focus on implementing all daily activities with our mission in mind. We take the time to teach our students how to pursue excellence through each of these three major areas. Not only do we teach our students with our mission in mind, but we celebrate the success our students demonstrate in each of these three areas. We have quarterly and annual assemblies where we publicly draw attention to the outstanding student achievement in each of these areas. Our school has several very successful programs that help make learning very successful for our students. First of all, we are in the process of becoming an Arts Magnet School for the Central Region of our district. We will be planning and slowly implementing programs during the 2010-11 school year. We will be a fully -functional Arts Magnet school in the fall of 2011-12. Students who have an interest in the arts fiom the Central Region will be transported to our school where we will continue to develop the skills and talents our students bring. Also, we became a Title 1 Targeted Assistance school in the fall of 2009. Our percentage of students receiving free and reduced lunch moved up to 37%. With the onset of Title 1, we acquired an additional full-time Title 1 teacher and a full-time Title I teaching assistant. These two individuals build a program to help bolster student reading sldlls in grades K-5. They also build a program to improve _ student math performance in fourth grade. We now have over 41% free and reduced students at our -" school. Additionally, we have a special education Resource Room where we serve students with special needs. We also have an Extended Resource Room where we serve seventeen students with special needs. This classroom is made up of one special education teacher and seven paraprofessionals to serve the students on this caseload. Our school has one of the largest special education Extended Resource Room populations in the district. We serve a community of very supportive parents. I have heard that we have parents who are very excited about the idea of becoming an arts magnet school even though we are just at the beginning stages. Chief Joseph Elementary is located in the heart of a subdivision, so most students can easily walk to the campus. We open our school up for evening events to bring in parents and community members and we have great success in this area. 2. Describe the population expected to benefit from the project. We are planning to target our arts grant program to our fifth grade students. This is the largest class in our school. We have 104 students and four teachers. We selected this group of students because they are the leaders of our school. They will take the elements learned and help teach the concepts to the younger students. We will implement concepts within the program that will help to build character development traits such as respect, honesty, positive attitude, and responsibility. This fifth grade class has several specific needs. We have students who need enrichment because they are already progressing effectively through the district curriculum. We have students who need reinforcement to stay on -track to gain the necessary academic skills, and we have students who need a great deal of academic and behavioral support to meet the minimum standards. Because we have over 41% of our student population receiving free and reduced lunch, we will definitely be serving a large number of students from low income households. We will also -be serving students who receive special education services and supports as part of our program. 3. Identify what you would like participants to know or be able to do as an outcome of your project. This residency has the main focus of teaching the elements of dance, the art of making a dance, as well as using dance to integrate with character development of treating others the way you want to be treated. All of the 50' grade students will help create and perform through dance the narrative story of, "Old Turtle and the Broken Tiuth," by Douglas Wood. This story will be used to teach the entire school community the "Holden Rule," treat others the way you want to be treated. We hope the dance performance brings the arts, community building, and character development together to help support the soon change of the school becoming a public arts magnet school. Essential Understanding: Throughout time and cultures all over the world the "Golden Rule, " of treat others the way you want to be treated, has been taught, so that groups ofpeople can live peacefidly and harmoniously together. Students will learn the Artistic Process: Create: Imagine, explore, plan, and use concepts, how to improvise and generate new movements, shapes, phrases, and patterns in dance. Learning skills and techniques to make and refine work/choreography in dance. Perform/Exhiblt.Dance Performance for school and parents/community. Respond/Reflect: Describe, analyze, interpret, reflect, and evaluate the dance. Learning Targets in Dance: Idaho Content Standards: Humanities, Dance, Standard 2: Critical Thinking, Goal 21: Objective: 4-5.D.2.2.2, Standard 3: Performance, Goal 3.1: Objective(s): 4 -5.D.3.1.1,4 -5.D.3.1.2,4 - 5.D.3.1.3, -5.D.3.1.1,4 -5.D.3.1.2,4- 5.:.3.1.3, Goal 3.2: Objective(s): 4-5.D.3.2.1, 4-5.D.3.2.2, Goal 3.3: Objective: 4-5.D.3.3.1 4. Describe the assessment criteria or evaluation methods that will help determine if the participants can demonstrate this newly -acquired knowledge or skill. Assessment of Student Outcomes: What do students create? How do students perform/respond? Movement studies of creative problem solving individually, in pairs, small groups, and large groups. Learning } the art of choreography and refining work through mini dances we connect to create a larger narrative work. r Assessment in small group class performances and self-assessment/peer assessment/teacher assessment will be used throughout the choreographic process. Assessment of learning various sections of dances for the performance and then putting the parts together to make a whole dance performance. Video Taping of students dancing and student work will be watched by the teaching artist, classroom teachers, and students for assessment during the process of creating the performance (this goes along with rework, refine, and finalize in the process of choreography). Assessment of final dance performance. The final performance will be professionally video-taped for students to watch as a final assessment and celebration of student collaborative work. Teaching artist will use a choreography rubric and a performance rubric for students and teachers to brow what to look for when assessing dance. 5. Describe the project activities: Project activities include learning about the "Holden Rule" in cultures around the world throughout history, connecting the "Holden Rule" to various literature pieces, partner and small groups dancing using mirroring, call and response, rhythmic patterns, musical cuing, improvisation, various creative problems to solve through movement, and using props in dance. Activities that explore using dance to tell a story or to create a character, using dance as a way to abstract a concept into movement, generating movement that is unique, creating a group folk dance, traveling through space in various locomotor steps and using various pathways. Project activities on how to create a dance, and then rehearsing and refining a dance in preparation for a final performance. Activities exploring what makes a good dance performer. Learning the language of dance through movement terminology and how to describe what is seen when viewing dance. b. How will project accomplishments and evaluation results be published and disseminated to wider audiences, such as school boards, funders, or policymakers? We will record a DVD of our program to be sold to parents, patrons, and staff. We will hold our program for students, staff, and parents during the school day. Additionally, we will invite our Parent- Teacher Organization, our School Officials and School Board and the staff at the Meridian Commission of the Arts to view our performance. We will invite our patrons to give us feedback on the success of our program after it has been completed. Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with TRS Range Services for Indoor Multi -Use Training Facility Design for an Not -to -Exceed Amount of $239,000.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 1* -1N AGREEMENT FOR PROFESSIONAL SERVICES PROJECT NO. 10190A INDOOR MULTI USE TRAINING FACILITY - DESIGN THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 28th day of September, 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", whose business address is 33 East Broadway Avenue, Meridian, Idaho 83642, and TRS Range Services, hereinafter referred to as "CONSULTANT", whose business address is 228 E. Plaza Street, Ste 211 B. Eagle, ID 83616. INTRODUCTION Whereas, the City has a need for services involving Indoor Multi Use Training Facility Design, including firing range design services; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever Indoor Multi Use Training Facility Design: 10190A— page 1 of 10 and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a royalty -free, non- exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be compensated on a Lump Sum basis for a Not -To -Exceed amount of $239,000.00 as provided in Exhibit B "Payment Schedule" attached hereto and by this reference made a part hereof. Consultant will not begin any phase of work prior to receiving a written Notice To Proceed authorizing each specific phase of work. 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services Indoor Multi Use Training Facility Design: 10190A — page 2 of 10 rendered under this Agreement., including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, September 30, 2011 or unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. 5. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT shall maintain, and specifically 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 Indoor Multi Use Training Facility Design: 10190A— page 3 of 10 -01� occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Consultant or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Consultant begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall ,. be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 TRS Range Services Attn: Kerry O'Neal, Principal 228 E. Plaza Street, Suite 8211 Eagle, ID 83616 Ph. (951) 314-3121 or (208) 938-2891 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. ,..,N 7. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in Indoor Multi Use Training Facility Design: 10190A— page 4 of 10 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. 8. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 9. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 10. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11" 11. Reports and Information: 11.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 11.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Indoor Multi Use Training Facility Design: 10190A— page 5 of 10 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared ^ under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at anytime by giving at least sixty (60) days notice to CITY. City may also terminate at the conclusion of any phase of work if the Police Chief determines that the cost of the project is not feasible. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This Indoor Multi Use Training Facility Design: 10190A— page 6 of 10 provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN TRS RANGE SERVICES BY: TAM Y e WEERD, MAYOR Dated: q 2 �� xueow� BY: Klfrry O'Neal,'Principal Dated: oZ s D Approved by City Council:L.Jo--�tQc2 � ;.)-Q Attest: , CITY CLER Indoor Multi Use Training page 7 of 10 .r1 Approved as to Cont n BY: Keith Watts, Pu hasing Manager Dated: 9 ha Approved as to Form CITY ATTORNEY Department Approval BY:10 V 1f - NAME: Jeff Lavey TITLE: Chief of Police Dated: '201-0 Indoor Multi Use Training Facility Design: 10190A — page 8 of 10 Exhibit A SCOPE OF SERVICES Phase 1 —15% drawings with preliminary cost estimates Phase 1 will include site survey, geotechnical report, sound study and preliminary site and building design. TRS will develop an initial cost estimate for the building design at the 15% completion level. At this time, the Meridian Police Department will have the opportunity to comment on design and estimated cost of the structure. Additionally, TRS will assist the Meridian Police Department in the development of a cost benefit analysis focusing on ownership of a range versus renting time at existing ranges. At the 15% design level, TRS will apply for the necessary zoning compliance certifications for the proposed shooting range. Phase 2 — Completion of 65% drawings Meridian PD comments from Phase 1 will be incorporated into a final building design that meets the training and budgetary requirements of the Meridian Police Department. The Meridian Police Department will have the opportunity to review building designs at the 35% ,,..� and 65% design completion levels to insure that design components will meet there needs. With the completion of the 65% drawings, The City of Meridian can opt to begin site construction under a separate construction bid. This option will be left at the discretion of the contracting officer. Phase 3 —100% drawings Incorporate all comments into designs. Designs are ready for construction and necessary permits have been obtained. Construction Services TRS will begin construction when upon approval. This scope will also include the completion of a sound study and include the necessary permitting to begin construction. CONSULTANT WILL NOT BEGIN ANY PHASE OF WORK WITHOUT A WRITTEN NOTICE -TO -PROCEED FOR EACH AND EVERY PHASE OF WORK. THIS AGREEMENT MAY BE TERMINATED AT THE COMPLETION OF ANY PHASE OF WORK. Indoor Multi Use Training Facility Design: 10190A— page 9 Of 10 Exhibit B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $239,000. Fees will be billed monthly for completed phases only, per the following schedule of values. Phase DESCRIPTION AMOUNT 1 • 15% drawings with preliminary cost estimates $105,000.00 2. completion of 65% drawings $120,000.00 3. 100% drawings $14,000.00 TOTAL $239,000.00 Indoor Multi Use Training Facility Design: 10190A— page 10 of 10 Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Professional Services Agreement for Implementation and Configuration of a City Wide Planning, Permitting, Licensing and Code Enforcen-)ent System Including License and Maintenance Agreements for a Not -To -Exceed amount of $581,928.43 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS q-,zR \ oZ %1 o.;rd, Cop IGS io mec)"' q- a koa -d C 0P �-o 0rkk yxa Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Memorandum of Understanding Between Brown Mackie College Boise and the City of Meridian for Participation in an Internship Program MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS "� q a �i ©?- 0.'E- i`' c - D ryi �� re. a Vt BROWN HACKIE COLLEGE BOISE'" 9050 Overland Road, Boise, ID 83709 208-321-8784, Fax 208-375-3249 MEMORANDUM OF UNDERSTANDING between Brown Mackie College Boise And as Extern Site) This agreement is entered into by Brown Mackie College Boise (hereinafter referred to as the School) as further identified on the signature page hereto and the EXTERN SITE (herein referred to as the Site), further identified on the signature page hereto. The purpose of this agreement is to delineate the responsibilities of each party in the externship experience. It is agreed by BROWN MACKIE COLLEGE BOISE and the SITE as follows: The School reserves to itself and will perform the functions of an institution of higher learning and the administrative and educational program functions normally associated with such an institution. Incident to this Memorandum of Understanding, the SCHOOL shall: 1. Assure that students have been oriented to expected outcomes of the externship experiences. 2. Have final responsibility for the content and general implementation of all educational programs. 3. Furnish the Site with student records necessary to the program, subject, however, to compliance with all applicable statutes, rules, laws and regulations respecting the maintenance and release of records and or information derived from such records. 4. Provide the Site with the necessary paperwork to administer/evaluate the student's performance, attached hereto: a. Copy of MEMORANDUM OF UNDERSTANDING b. (120 non medical / 160 medical / 120 HCA) hour student evaluation forms c. Attendance sheets to verify hours completed 5. Maintain all educational records and reports relating to the externship site. 6. Maintain in full force and effect, during the existence of this agreement, professional liability insurance, including personal injury liability. Upon request, the School shall submit proof of such insurance to the Site. 2083753249 brown mackle college 11:14:57 a, m. 09-15-2010 4/5 M representatives, stockholders, regents and members from and against any and all liability, claims, actions, causes of action, lawsuits or damages caused or arising out of the act(s) or omissions of the Site, its agents or employees, when acting within the scope of their employment or agency with the Site. This paragraph excludes an illicit acts as are defined by statute. This indemnity shall not be effective if it would prejudice the enforceability or preclude the collection of any proceeds of professional liability insurance maintained by the Site or its employees pursuant to this agreement. 14. Notwithstanding anything to the contrary in this agreement, it is understood that scheduling changes (including externship assignments at the Site) may be necessary during the course of an academic term. The Site agrees to work with the School in making any scheduling changes that may be necessary. 15. Site is not required to provide remuneration as students receive academic credits toward graduation requirements. The School and the Site further aeree: 1. To assure that students complete the number of hours of affiliation as outlined for a specific assignment and require that any absence, including those due to illness, shall be made up. 2. That each party shall comply with and will be separately responsible for compliance with all laws, including anti -discrimination laws which may be applicable to the respective activities under this program. foo"IN 3. That each party shall notify the other of any incident or claim it may reasonably anticipate developing into a legal action as soon as possible. Notice shall berovided forthwithi p n the event that such a claim, lawsuit or other legal or administrative proceeding is commenced incident to which indemnification may be sought from the other party as set forth in this agreement. General Provisions: 1. This agreement shall be reviewed by the School and the Site upon request of either p q party, and shall be subject to change only by the mutual consent of the parties; any such change(s) shall become part of this agreement only after beingput in written form and signed by both parties. 2. The parties do not intend, and this agreement shall not be construed, to create any direct or indirect rights and/or benefits to any third party whatsoever. 3. One or more waivers of any provision(s) or condition(s) of this agreement byeither party shall not be construed as a waiver of a subsequent breach of any provision or condition. No breach of a provision or condition of this agreement b either art Y eparty shall be waived by the other unless such waiver is in writing. 4. This instrument, together with any and all addenda hereto, constitutes the entire agreement between the parties, and all prior discussions, - agreements and understandings, oral or in writing, are hereby merged into this agreement. 5. This agreement is entered into, is signed in, and shall be governed under the laws of the State of Idaho. Any legal or equitable action commenced by eitherart to this p Y agreement shall be brought in the County of Ada, State of Idaho. 3 2083753249 brown mackie college 11:15:13 a.m. 09-15-2010 5/5 d. This agreement is intended to take effect upon signing. Students artici atin in the program will be placed with the Site at the beginning of the academic terms for purposes of the agreement. This agreement may be terminated by party either art after the end and before the beginning of any given academic term b written notification to the other party. Y n 7. Both the Site and the School reserve the right to affiliate with other institutions and to place and/or accept, as the case may be, students from other ro college rams. The programs. Site shall retain the right to demand, at any time, the removal of the student from the externship portion of the program for any violation of the Site'sP olicies and/or procedures and/or regulations, lack of qualification, health or other legitimate, lawful reasons. Such action shall be preceded by consultation between the �appropriate personnel at the School and the Site. The School reserves the right, at any time to remove a student from the program for any violation of the School'sP olicies and/or procedures and/or student regulations, unsatisfactory academicP erformance lack of qualification, health, or other legitimate and lawful reasons. Student Name: Student Signature: SSN: School Representative NirAlCe Lam, MCDOSOA4 Title: 2�.Ot School Representative 5:7 Date: Signature: �C'o, 9-/S'• /D Site Representative ,I Title: -Vat4a Site Representative Date: 0 Signature: K ExtemshipsTonslContract 4 Affiliation Agreement This Affiliation Agreement is entered into between Brown Mackie College -Boise (hereinafter referred to as "School") and [insert name of Facility (hereinafter referred o a "'Facility"), i .. , � t S Facility" ), located at a[insert full address a is effective on the day of5.&2�e_m 2010, ("Effective Date"'for a one year term and will } Y automatically renew for subsequent one year terms unless either party provides a notice of non- renewal to the other party thirty (30) days prior to the end of any term. In no event shall this Agreement be in effect for more than five (5) years. Recitals WHEREAS, School offers a program of study in Paralegal/legal studies Programs and desires that its students complete an internship as applicable (referred to herein as "Internship") to obtain experience at Facility in further of the Schools program(s). Facility has agreed to make its location(s) available to School and its students for this purpose. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ed, the Parties agree as follows: A. School and Facility Responsibilities 1. Schoolresponsibility has full. for the academic content of the Internship and the. credit granted for its satisfactory completion and School and Facility will agree in advance. of the start date of the Internship the specific studies and research that will occur. 2. The students shall be directly supervised by an employee of Facility who is approved in advance by the School and meets Facility's requirements for such position. The students' supervisor shall not be an employee of School or a currently enrolled student of School. 3. The parties will mutually agree to the number of students that can participate in the Internship prior to the start date. 4. School will advise its students and each faculty member (if on site) to comply with all of Facility's policies and procedures, including but not limited to the requirement to keep all client related legal information confidential and to comply with the Facility's policies of confidentiality. 5. School will advise its students and each faculty member (if on site) to comply with any of Facility's requirements regarding criminal background checks. Facility shall provide students a copy of its policy regarding background checks and shall instruct students to comply with said policy; any costs for the background check is at the . students' -ex expense. Facility shall p Y apply the same criteria to students and faculty members as they do to Facility employees under their current hiring practices. School will advise students and faculty members that as a result of a criminal background check, that Facility may reject any student or faculty member and bar them from the Facility in accordance with Facility policies. � 6. Fa ill .. addition 'Facility shall provide a safe physical facility and environment in addition to adequate instruction, supervision, guidance and evaluation of students. The Facility p shall complete and promptly return any evaluations requested by School. Both parties agree to cooperate with each other -and share information in the event that any investigation is conducted with respect to a student's experience or performance at Facility. Students may be asked to sign a form granting School and Facility permission to share information relevant to his or her experience or performance. 7. Facility may terminate a student or faculty member (if on site) from participating in an Internship if Facility determines in its sole opinion and discretion. that the student's conduct or work with clients, patients or personnel is not in accordance with acceptable standards of performance. 8. Facility shall provide classroom space for the use of students and faculty member (if on site) subject to availability and provide them the privilege of using libraries, lounges, cafeterias, rest rooms, etc. on the same basis as Facility employees. 9. School will advise its students and faculty (if on site) that it is the responsibility of the student and faculty for the cost of his or her own health insurance and medical costs as - Facility is not providing any such insurance for them* 10. School will advise its students that Facility does not consider them to be employees. If rte, Facility is paying any students, the individual student is responsible to make all required 6W withholdings for state and federal income tax purposes. At all times, neither students nor faculty members (if on site) are considered employees of Facility. If any compensation is paid by Facility to students, it shall be agreed to in writing by student and Facility before the start of the Internship. 11. The School is responsible at all times for the negligent and willful acts and omissions of its employees and agents, including its faculty. In addition, the Facility is responsible at all times for the negligent and willful acts and omissions of its employees and agents. 12. Facility shall indemnify, hold harmless and defend School, its officers, directors, employees and agents from and against any and all losses, liabilities, claims, damages, causes of action, costs and expenses, including reasonable attorneys' fees and litigation costs arising from Facility's breach of any covenants or obligations set forth in this Agreement. This obligation shall survive the termination of this Agreement. 13. School shall indemnify, hold harmless and defend Facility, its officers, directors, employees and agents from and against any and all losses, liabilities, claims, damages, causes of action, costs and expenses, including reasonable attorneys' fees and litigation costs arising from School's breach of any covenants or obligations set forth in this Agreement. This obligation shall survive the termination of this Agreement. 14. The ultimate responsibility for the care of clients and the direction of Facility's operation is �'``` with Facility. Paralegal/Legal Studies: Revised 6/24/2010 Page 2 of 4 15. School shall provide and maintain comprehensive general liability insurance in the amount of $1,000,000 per occurrence $3,000,000 aggregate. In addition, School shall maintain professional liability insurance that covers the School, all students, and instructors at the School. The blanket professional liability insurance policy will be in the amount of not less than $1,000,000 per claim/$3,000,000 aggregate. The School shall provide a certificate of insurance at the request of Facility. 16. Facility shall provide and maintain comprehensive professional and general liability insurance as well as liability insurance. A certificate of insurance evidencing such insurance coverage shall be provided to School. The general liability insurance shall name as additional insured, Education Management Corporation its schools, directors, subsidiaries, officers, employees, assigns, agents and board members. B. General Provisions 1. This agreement may be terminated by either party with or without cause by providing five (5) days written notice to the other party. In the event of termination during an Internship, Facility will allow students to complete their Internship. 2. The parties. to this Agreement are independent contractors. - Neither School nor any of its faculty, students or. employees shall hold themselves out as employees, agents or partners of Facility. In addition, neither Facility, nor any of its faculty, students or employees shall hold themselves out as employees, agents or_partners of School. 4. There shall be no monetary consideration paid by either party to the other, it. being acknowledged that the Internship provided hereunder is mutually beneficial. S. Notices. Any and all notices required shall be deemed delivered when received by registered, certified or express mail to: If to School: If to Facility.- Brown acility: Brown Mackie College 9050 W. Overland Rd, Suite 100 Boise, ID 83709 i00 -... #RMAIRNKnoW M. 6. This Agreement contains the entire agreement between the parties and supersedes all prior agreements and understandings, oral or written, with respect to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the Effective Date set forth above. For and on behalf of: Paralegal/Legal Studies: Revised 6/24/2010 Page 3 of 4 FACILITY: Li ,.� Signature: - ''4 Print Name and Title: Brown Mackie College - Boise 0 Signature: Aes'f 4jef OeT4 Print Name and Title: �+ei�� 1J0AAe;,0A,9If Instructions for Completing Form: Before providing the form to Facility -insert the information in the highlighted areas: introductory. Paragraph: Insert legal name of School and address, insert Facility -name and address, insert the Effective Date which is the date the. internship will begin. Second Paragraph: insert the name of the program, nursing for example. Paragraph B. S: Insert the name of the person and address at School where any notices should be sent. Signature line: Insert legal name of School. Next Steps: Provide the Agreement to Facility who inserts its contact info in Paragraph 8.5, signs and prints name and title as indicated and sends to the School Internship Coordinator who signs and prints name and title as indicated. School internship Coordinator gives a copy to the Facility after both parties sign, the original is kept by the School Internship Coordinator who must send a pdf copy to the EDMC legal department at kstrohm@edmc.edu. IF A FACILITY REQUESTS ANY CHANGES TO THIS DOCUMENT TELT. THEM TO MAKE REDLINED CHANGES AND EMAIL TO THE SCHOOL AND THE SCHOOL MUST EMAIL THE DOCUMENT TO THE EDMC LEGAL DEPARTMENT FOR REVIEW at kstrohm@edmc.edu. Paralegal/Legal Studies: Revised 6/24/2010 Page 4 of 4 Bill Nary From: John Overton - Police Sent: Wednesday, September 08, 2010 7:18 AM To: Bill Nary Subject: RE: Brown Mackie Agreement Bill, It might be better coming from you. He is former U.S. Marshall Patrick McDonald and his contact number is #321-8871 or email: pmcdonald@brownmackie.edu Thank you, Lt. John A. Overton Community Services Division Meridian Police Department 1401 E Watertower St. Meridian, ID 83642 1-208-489-0586 or 1-208-846-7300 joverton@meridiancity.org <mailto:joverton@meridiancity.org> www.meridiancity.org <http://www.meridiancity.org> www.meridianmadc.org <http://www.meridianmadc.org> From: Bill Nary Sent: Tuesday, September 07, 2010 1:54 PM To: John Overton - Police Cc: Michelle Albertson; Jeff Lavey; Ted Baird Subject: Brown Mackie Agreement I have reviewed the agreement that you sent in regards to the Internship Program. The Agreement requests that the City indemnify and make Brown Mackie and additional insured. The City cannot provide that. We are prohibited by law from that type of insurance. We have an agreement with Ada County that asks for the same coverage, but as a public entity they know we cant do that so we simply provided them proof of the coverage we do have. I would be concerned to do the same thing here because this is a private entity that probably doesn't know that. Would you like to contact them, or do you have a person that I should contact? Bill Nary City Attorney/HR Director 33 E. Broadway Meridian, ID 83642 Legal - 208.898.5506 HR - 208.898.5503 Fax - 208.489.0480 Cell - 208.440.3881 Good morning Bill, I am sending over a contract / agreement from Brown Mackie College for their criminal justice students to complete their 120 hour internships through our department. Looks like pretty standard language but want a legal review when your staff has the chance. They are hoping to begin in November of 2010. Thank you, Gt. johnA. Overton Community Services Oftttion Meridian Police Department 1401 E Watertower St. Meridian, ID 83642 1-208-489-0586 or 1-208-846-7300 joverton ,meridiancit Torg www.meridiancity.or www.meridianmadc.M 2083753249 brown mackle college 11:14:22 a.m. 09-15-2010 1/5 6,ABROWNMACKIE Personal Attention, hofmional Growth FAX COVER SHEET DATE: FAX #: �fAO* -o Z TO: 1UZ &AAA— FROM: 'p*p.4z' No. of Pages Including Cover Page: �_ COMMENTS: � �� swri�r.•� 7lv /ij. f��*�/ . _ /feenc w AwrIF .tw Amwir, Zzle .01x.r.rt 1t7- ,(tsw l W 9050 West Overland Rd. Boise, ID 83709 PH (208) 321-8800 FX (208) 375-3249 Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: Approval of Award and Authorization of Issuance of a Purchase Order with APSCO, Inc for Turbo Blowers for a Not -To -Exceed Amount of $280,000.00 and Approval for the Purchasing Manager to Sign Purchase Order MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS No-P\y,a� S(9y04-uye— —7 nal-vf lf� K•w o -f 14T a ( oI ro\jAk Mayor Tammy de Weerd E IDIAN�-- �y Cewndl Memberso Keith Bird IDAHO Brad Hoaglun • Charles Rountree Public David Zaremba Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, P.E. Assistant City Engineer DATE: September 17, 2010 SUBJECT: APPROVAL OF AWARD AND AUTHORIZATION OF ISSUANCE OF A PURCHASE ORDER WITH APSCO, INC FOR TURBO BLOWERS FOR A NOT -TO -EXCEED AMOUNT OF $280,000.00 AND APPROVAL FOR THE PURCHASING MANAGER TO SIGN PURCHASE ORDER (Next Available Consent Agenda) I. RECOMMENDED ACTION A. Move to: 1. Approval of award and authorization of issuance of a Purchase Order with APSCO, Inc. for Turbo Blowers for a not -to -exceed amount of $280,000.00; and 2. Authorize the Mayor to sign the agreement 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 The Public Works and Planning Departments have acquired grant funding of a combined $287,000 from the Department of Energy and Idaho Power for energy Page 1 of 3 efficiency improvements at the Wastewater Treatment Plant. These grants plus an the budget amendment that was approved at the April 27, 2010 Council meeting and the budget for this project that was approved for fiscal year 2011 will fund the design and construction of the turbo blowers and energy efficiency improvements that are estimated to save more than $4,000 a month in energy costs. B. Proposed Project Air for the aeration basins at the Wastewater Treatment Plant is currently provided by three multi -stage blowers located in the blower building. The replacement of the multi -stage aeration basin blowers with high efficiency turbo blowers and aeration system efficiency improvements has the potential to save several thousand dollars per month. The procurement of the turbo blowers is the first step towards the completion of this project. Following this equipment procurement, the City plans to install the turbo blowers and implement the aeration basin efficiency improvements in fiscal year 2011. C. Contractor Selection APSCO, Inc. was the lowest bidder and is qualified to provide the specified equipment package. IV. IMPACT A. Strategic Impact: This project supports the Public Works Mission and Vision for emphasizing financial stewardship and environmental sustainability. The proposed improvements are responsive, innovative, and increase operational efficiencies while saving the City several thousand dollars a month in energy. B. Service/Delivery Impact: The improvements will reduce the power consumption of the Wastewater Treatment Plant through the installation of more efficient blowers and aeration efficiency improvements. C. Fiscal Impact: Project Costs Base Bid Amount Total Cost Project Funding Meridian WWTP Blower Replacement (3590-96101) $280,000.00 Page 2 of 3 Total Funding $280,000.00 Construction Grant Funding Idaho Power Grant $112,000.00 Department of Energy Grant $175,000.00 Total Grant Funding $287,000.00 V. ALTERNATIVES A. The City could defer the turbo blowers and aeration basin air efficiency improvements. However, the Department of Energy Grant must be spent within a year and a half from acquisition, Public Works may run into time constraints to complete this project if it is deferred. This would also delay realization of the energy savings and operational improvements. VI. TIME CONSTRAINTS Council's approval will allow for the acquisition of the blowers in early FY 11. VII. LIST OF ATTACHMENTS A. APSCO K -Turbo bid for the Turbo Blowers Approved for Council Agenda: Page 3 of 3 -a/z-. d Dat 0 @Turbo Proposal For Meridian, ID VWUTP Supplier; KTurbo Inc 1183 Pierson, Bldg 118, Batavia, IL 60510 USA Tel. 630-406-1473 Fax. 630-406-1538 Representative ; APSCO J'c� KERNK� w�� P.O. Box 2639 Kirkland, WA 98083 Office :1-425-822-3335 Fax :1-425-827-6171 0ratio Date: Aug 17th 2010 Specification Review by technical manager, Sung Tae KIM 2.05. BA Discrete Outputs Contacts : 120AC rated I(Turbo the conditions stated in the following Discrete outputs Contracts: 250 VAC / 2A Recommendation 1) Piping size of the motor cooling duct In this case the motor cooling discharge pipe connected to outside. For the smooth cooling of the motor, the pipe must be extended up to 10 inches. 2) Max Air flow The Max airflow , 6500 SUM at 8.1 psi does not meet the criteria of TB 300-0.8T model . Max flow condition for TB300-0.8T is 5500 SCFM at 8.1 PSI. For more information, Please Refer to the performance Map. AUG 171th, 2010 ATTN : All members whom it concerns Meridian, ID WWTP We are pleased to submit this quotation and proposal submittal. KTurbo Inc is a world leader now in air bearing type high speed turbo blowers, enjoying over 1,420 successful units in operation. KTurbo, a well-respected 14 year-old firm owned by Sung Shin Group, Korea's largest cement company. KTurbo's full North American rep network is now in place In order to meet Buy American Act, a sales office, a factory and a stocking service center established in Batavia. All projects include factory startup service from their Batavia office. The KTurbo blower utilizes the principles of advanced air bearing technology, a permanent magnet motor, SST cast impellers for maximum operational range, for both flow and pressure variation aspects, and a tuned variable frequency drive that is matched to the characteristics of the permanent magnet motor. The unit comes with a user-friendly LCP and touch screen displaying many typical parameters, as well as machine sensors for all manners of protection. KTurbo certifies that all information is accurate and correct in our proposal, per your REP. We thank you for the opportunity to provide ICTurbo equipment Yours sincerely, Heon Soek LEE CEO KTurbo Inc. I . Scone of Sugdv Item # Description aTY Remark PROPOSAL PRICE 1 T8300 -0.8T (High Speed Turbo Blower) 2 Type C 2 Expansion Joint/ 400A (16 Inch) 2 3 Check valve / 400A (16lnch) 2 4 Discharge silencer /400A (116 Inch) 2 5 Isolation butterfly valve (Manual type) J 400A(161nch) 2 6 Expansion Joint / 500A (201nch 2 7 Anchorage Component (Set) 2 8 Passive Harmonic Filter / 300HP 2 9 Spare Intake filter 4 10 Intake enclosure 2 l� E �% d��dL rn✓ OR ' The proposed price doesn't include sales tax. ' Turbo Blower Assembly 1) Bump Foil Air Bearing 2) High Speed PM Motor 3) VFD 4) LCP (MICOM control, Touch Screen) 5) Inlet Filter/Silencer (will be provided when standard flfter type blower selected) 6) Blow -off Valve 7) BOV Silencer 8) DC Choke 2. Manufacturing and Delivery terms - The blower manufacturing would be start after submittal approval. - It would be taken about 12 weeks to the jobsite after submittal approval. 3. Start-up Supervision, Testing, and Training - IAICL,440En As .rReC.,A�Q (1 day additional payment: 1,000$, (1) Separate Trip payment: 1,000$, 3. Quality Assurance 1) KTurbo blower quality assurance program is ISO 9001 and 14001 certified. 2) KTurbo blower is NRTL certified by TCIV. 3) USA Office, Factory, Service Center KTURBO INC. 1183 Pierson, Unit 118, Batavia, IL 60510 USA 4. Warranty The first coming day between 24 months after start-up and 30 months after delivery 5. Payment term - Net 30days 30% upon submittal approval, 60% upon delivery, 10% upon successful start-up - If there are clauses in purchase order stating differential term. KTurbo will follow these terms a KTurbo USA, Organization Chart Spare part will be supplied within 5 days from KTurbo's USA office Kturbo, USA #APPENDIX A. Specification B. Performance Curve C. Dimensional Drawing D. Reference List A. Specification Type or Blowers - - - _ _ _ Him SpeeA Turbo Blower ManufacturerKRFSO _ _ _ ..__ INC @I _ - -- - - T8300-0.8i - Blower Design Discharge Pressure, based on Standard condition 8.000 sotto 178.44 We ! 11.37 pals 2Q.�g .Q�f1.36%W.0eleve Iion Blower Maximum Capacity 8 Design Pressure" based on Standard a �— m /min ( 5686 cim) condition 1161 Aerodynamic fisefrtrooic) Eflict@rwy_#_Mpx� c?.!Y js�_._._. i76.5 Blower Minima Capacity ® Design Pressure based on Standard 9"i 170 w'/mrn (2472 cto Agrgsig_(j�nlropic) Elfic�ency�tlinimum ca�c.iy�)%) -__¢7 �§ - Intake Olarmeler �i —_ (ANSI 201NCH- _ pissl►BrDiarreter . _4500A , I16.INtFI_} _ Coolirg_Iine Dalmeter ^_ 200A (`ANSI 8 INCHZ.___ Vibration less than 2_mmfs_(80 milsisl Noise - - -- - --- ---- - _ t 2_dB.!_1 meter (3 feet) -- --- Ttennerafure -40 -+49 deg_C (_40 - +174 des F} ilumidily ` 95 %RH Enclosure 55400 sound root Aluminum IWO tars Cls ^ 411pjth high tension Blal(SCa1440) - -- SFS�o._(17-4 PHJ _ _--- . _. _. _! jysi g_Se@I_-.Air Foil Seal patent) Mrafl Titanium +incornel +/egQnt(Ircrer).. sear IVTM-_ __ _-__ _ . ;Air Fgil )earina Lubrication Air Ism lecturer K71 q.INC-_----_ jEjjii i F r eoueneY50(80Fi2 Name _ _ _ 3 Phase 'ower Factor WIingDos iarotion _. _ _.._ 'Air-Cooled --�QSoft St_ [Mmisr-@1�..x ILx N2. - -- _ -art _[Ki I I-in_ 'FO weiahk 22DIbs-_(ill0kg) .. larwf. ttrref ---_._. 'KTURBO iNC it ive Two _ _.. -- �_- �... Permanont Mia nett la 1 i � _ 300 BFP 91 too d FrWricy _ _ _ _— _ _ . _Var i ab le Vol tags Fr�u�rw9f om VFO� .___------ haee`3 Phase 7artin Currant within 1011 of nal va ue ool Ira Deslnnatian—__....-._------_ i t f o ierrcx t Q - -- __ nsylal Ion Class„ otor WI; inr0 Protect ion YE5 iions ions(L x N x H)__-_-___ - --- of r wet t1814 b_s (19QKg) mgt tr I lir -- -- ------ ---- _ _ y M V2 nIr� Itr - AyR Afinega 128 atwork to SCADA, MCP MOOBUS TCPIRTU. PROFIBUS. -- --___- _-_--- Ut RNET(1Q- BASF T). pEVIC_ENET. { a l f OD aoeral ion ___ enable thro ht 4- ff sIR-1 _w nputi.Qa ,h•Q, •_ M_( diStltef Ortacl Ana _..4-20 m� digital_: �� . ----__ 1ree.ternature sensor;rttake[dlscharps/VFD) --- .. 'Frro K iw theraotrmo Ales for syten. arse R7D for VfD Ilse pressure sensors (,tnL*e ilt l ritLerntialfdischar� Load cell lrae it Human-Machine Interface ILS Industrial Sytem. XOT Panel XP5o-TTA (8.4 rr119111 Au i i l-in drQgf s(ructure. ,efilters (Polyester fiber) Non- weaver Fablic (85%@10 p m) - le 7- 7____ Synthetic FI r 981i@l0um, 681;@271) nal Fillers (Synthetic fiber with aluminum housing) _ - ration Isolator Base Pads Available 2. HIGH SPEED TURBO 13LOWER ASSEMBLY 1) Shaft /Air Bearing Main shaft is directly connected with impeller and hydrodynamic air foil bearings construct oil -less lubrication system. Lifting force produced by pressure gradient around the rotating shaft makes no mechanical contact between shaft and journal. This fact makes various complicated components unnecessary such as oil bearing, seal, oil filter, cooler, etc., which are used for the existing high speed turbo machine. 2) Variable Frequency Driver (VFD) The combination with the frequency modulation of inverter and PM motor controls the speed of impeller, flow rate and/or discharge pressure. 3) PM motor PM (permanent magnet) motor rotates by the electromagnetic interactions between stator coils and the rotor made of permanent magnets. It can start under 10 % of rated current, and operate with high speed and high efficiency of 95-97%. (1) PM (Permanent magnet) motor (460 Volts, 3 Phase, 60 Hz, fan cooled) (2) Start: under 10% of current at design condition. (3) Insulation: Epoxy coated Class H. (4) Maximum Ambient temperature: above 120 Deg F (5) Stator Temperature Detector: Two thermal protectors in the stator windings (one each end). Rod and tube type or similar that is sensitive to rate of rise as well as temperature. (6) Bearing: Air foil bearings. (7) Electric Standards: IEEE, ANSI, and NEMA. (8) Frequency sensing: sensodess. 4) Blower Local Control Panel LCD Display shows some measurement data and alarm signs as follows; - Air temperature of Intake and discharge - Differential pressure at intake filter - Discharge pressure - Flow rate of air - Rotating speed - Current / Power - Error code -Accumulated running hours 5) Sensors - Sensors for the measurement of intake/discharge air temperature - Sensor for the measurement of discharge pressure - Sensor for the measurement of intake differential pressure - DC current sensor - Overheat sensor at inverter - There are motor temperature switches instead of sensors 6) 17-4PH Stainless Steel Cast Impeller 7) DC choke inside a package 8) ICTurbo blower designed to minimize the footprint required for installation. B. Performance Curve Tm*v Blower & Compressor Power Calculator(W-0) —10 0 0 0 x 8 Q E 6 cc D rn to 4 LU Cr Q Iu Q CO S -91a. IVA KTWUC VOLUMETRIC FLOW [cfmJ 1000 2000 3000 4000 5000 6000 7000 --- total -efficiency total power (ratio) speed ratio= 1.0/; TB3Q4-4.8T 10 161 0/min .\ `\ at 80000 mmAq 1 0 cccc ILL w 5 C7 0 20 40 60 80 100 120 140 160 180 200 VOLUMETRIC FLOW [m�min] _ Neridian.ID (16-Au6-2010) • I1MIT SY37EMI US WID) • TyPkAlr O%RM or 36%04 0 6074WC), 24.6%vP (101 929kpt) for VSA. 69%RM • 20'C, IOt URN fa 3apM VMDAip CONDTIION T. 111 AftWe IM A.bisnl Pressum IDsIW) RNA 1%) P� IpaKAN EiE ... Jts; 14 696, 2941' 13,2 _COMK*K tole! I M -32 2 • DWI -m Rft- : frtsh 0.03 psi/0414 022 pli )- I Tr � g RN* t QaPfi S� P7f0� Ap 1� �wai. Oast uR ��wtY�Mif6 F10 1 Pi ,, W yTOtll ilplN }'- -t . j [sl Qxl �'lePl4t 1(N41c{t( j1161Tcjr � rPNt � ICfb9-.111 ILMI ICPW 1 Ib./i] {� loll �N61�(u�=-�nwl ralwk � }. .,�_i�..�i�i 7.�.�...r _..._5_.t",..k...�.i.'".. µ02� I 100 36 2300 1, &ii 216&09 2617.63 272616 291 130 6a6' 379' 97.5 Ica 361 4,7W, 1 &I: 021 165114' %M 33 5.5A69 6.015 93W 619 190.6 160.4ttti_.. NK) 36 6900 I'.� &i' 02; 7.616.9111.93a1 vm.49. &319 1383� 0 0.0 0.0;IIW&Ild III 6- 1W 361 SSm! I: &I* Q2 661217' 671106' 69114 7.039 &M, S7 226.1. 226./'Dau ! C. Dimensional Drawing 9: v ��■�$)!S - � ■\9-■� $�£�QQS&� ��k u,k �7ea�-tea-� 2 7§R$¥ § w i CY cm k <o««< < 0000000 2©SSSSS F- F- w�e� f og w0 q ? 7' T' ) 0 10000E � § § m � � 5- F_ v ��■�$)!S - � ■\9-■� § ��k u,k D. Reference List ■ 1 SUNRIVER Water LLC Model : 1 unit of TS 100-0.6S, 1 unit of TBI 00-0-66 Date of installation : Feb 16th 2008, May 15th 2009 Address: 57850 W Cascade Rd Sunriver, OR 97707 Contact Point: Todd Penhollow (Tel. 541-408-2061) Plant Manager ■ 2 MUKILTEO WWT Model: 3 units of TB50-0.6S Date of installation: Nov 5th 2008 Address: 9417 62ND PL. W. MUKILTEO, WA 98275 Contact Point: GIL (Tel. 425-355-6637) Plant Manager ■ 3 King County Model: 1 unit of TB50-0.6S Date of installation: Jun 10th 2009 Address: 1400 Utar Street West Seattle, WA 98199 Contact Point: Jim Belcher (Tel. 206-263-3843) Plant Manager ■ 4 Burlington VT Model: 1 unit of TB50-0.8S Date of installation : July 15th 2009 Address: 53 Lavalley Lane Burlington, VT 05401 Contact Point: Tim Grover (Tel.802-862-7164) ■ 5 EI Mirage Model: 3 units of TB100-0.8SH Date of Installation: Oct 1st 2009 Address: 12000 W. Peoria Avenue El Mirage, AZ 85335 Contact Point: Dave Emon (Tel.623-980-9972) Plant Superintendent ■ 6 Union Rome Model: 3 units of TB50-0.8S 5 units of TB75-0.65 Date of installation: Oct 26th 2009 Address: 1117 Rear 3rd Ave Chesapeake, Ohio 45619 Contact Point: Tim Porter or Gary Chriswell (740-867-8700) Plant Operator and Manager ■ 7 Running Springs Model: 2 units of TB75-1.5S Date of installation : Nov 20th 2009 Address: 30480 Fredalba Road Running Springs California 92382 Contact Point: Trevor Miller (Tel. 909-867-3689) Plant Manager ■ 8 Santa Paula Model: 3 units of T675-0.85 4 units of TB100-1.OS 3 units of TB200-0.6s Date of installation : Dec 4th 2009 Address: 921 Corporatbn Street Santa Paula CA 93060 Contact Point: Juergen Nick(Tel. 714-514-1958) Owner/Engineer/Operator ■ 9 Jerome Model: 1 units of TB300-0.8T Date of installation: Jan 252'2010 Address: 50 North 100 West Jerome, Idaho 83338 Contact Point: John Boyd (208-308-6197) Plant Manager a 10 Taylorville Model: 1 units of TB100-0.8S Date of installation: December 2009 Address: 1058 E. Langleyville Road Taylorville, IL 62568 Contact Point: Norman Ramsey (217-824-6833) Plant Manager ■ 11 McMinnville Water and Light Model: 2 units of T8200 -1.2S Date of installation : February 15th 2010 Address: 23100 NW Haskins creek road Yamhill, OR 97148 Contact Point; Doug Buxton (541-472-6919) Plant Manager ■ 12 Kellogg Water Pollution Control FacHity Model: 1 Unit TB200-0.6T Date of installation : March 4th 2010 Address: 11525 S.E. McLoughlin Blvd. Milwaukee, OR 97222 Contact Point: Randy Rosane (503-742-4573) Cell (503-320-4664) Water Environment Services Capital Improvements Supervisor 2. Total References in NIA NO. Client Location Application Model No. Q'ty Delivery 1 SUNRIVER Water LLC SUNRIVER, OR Aeration TB100-0.6S 1 2008 -Feb 2 SUNDANCE WRF BUCKEYE, AZ Aeration TB50-0.8S 1 2008 -Jun 3 SUNRIVER WATER LLC 2"° SUNRIVER, OR Aeration TB100-0.SS 1 2008 -Nov 4 MUKILTEO VWVT MUKiLTEO, WA Aeration TB50-O.6S 1 2008 -Nov 5 UNION ROME WWr UNION ROME, OH Aeration TB50-0.8S 3 2008 -Nov TB75 0.6S 5 6 Siena Vista WWT Sierra Vets, AZ Aeration TB25-0.8S 1 2009 -Mar 7 Mc Minville WVVTP McMinnville, OR Aeration T6200 -1.2S 2 2009 -Mar 8 KING COUNTY VWVT SEATTLE, WA Aeration T650-0,88 1 2009 -APR 9 SANTA PAULA WRF SANTAPAULA, CA Aeration TB75-0.8S 3 2009 -May TB100-1.0SW 4 TB200-0.6T 3 10 Burlington WWTP Burlington, VT Aeration TB50-0.8S 1 2009 -Jun 11 Dallas Dallas WWTR TX Aeration TB100-1.0S 1 2009 -Jun 12 Mukifteo2nd MukilteoWWTP, Vdk Aeration T65"AS 2 2009 -July 13 EI Mirage EI Mirage, AZ Aeration T13100-0.881-1 2 2009 -Aug 14 Running Springs Running Springs Water District, CA Aeration T675 -1.5S 2 2009 -Sep 15 Collinsville V WTP Collinsville, It. Aeration T8200-0.8TH 3 2009July 16 Taylorville Taylorville. IL Aeration TB100-0.8SH 1 2009 -Aug 17 CoMlgra ConAgra, IL Aeration TB100.1.0S 1 2009 -Aug 18 Skyway Burlington Skyway WPCP Aeration T8200 -0.6T 2 2009 -Dec 19 Casco Casco Facility Aeration TB100-0.6S 1 200940ec 20 Waseca Waseca, MN Aeration TB1S0-0.BS 4 2009 -Sep 21 Edmonds Edmonds, WA Aeration TB300-1.0T 1 2009 -Nov 22 Mishawaka Mishawaka, IN Aeration TB300-0.6T 1 2009 -Dec 23 Aqua Tec, Inc. Aqua Tec, Inc, IL. Aeration TB100-1,0S 2 2009 -Dec 24 Somerton Somerton. AZ Aeration TB5048S 2 2009 -Dec 25 Second Aqua Ter, Inc Aqua Tec, Inc Aeration TB150-1.5S 1 2009 -Dec 26 Jerome Jerome, ID Aeration TB300-0.8T 1 2009 -Dec 27 Kellogg Kellogg, OR Aeration TB200-0,8T 3 2009 -Dec Total 57 Now 3. Future Reference NO. Client Location Application Model No. Q'ty Delivery 1 TSSD Timpanogos, UT Aeration TB300-0.6T 12 2010 -Nov Aeration TB400-0.8T 8 2 Orem City Orem city, UT Aeration TB250-0.8S 6 2010 -May 3 Delphos Delphos, OH Aeration TB200.0.8S 6 2010 -May 4 Erie Erie, CO Aeration T8150-1.0SX 2 2010 -Mar 5 Furita Fruita, CO Aeration TB10040S 1 2010 -Apr TB200-1AS 3 6 Second Sierra Vista Sierra vista, AZ Aeration TB150-0.8S 3 2010 -May TB50-0.6S 2 7 Mlssippi Mills WPCP Mississippi Mills, ONTARIO Aeration TB150.0.8S 3 2010 -May 8 Jerseyville Jerseyville, IL Aeration TB50-0.6S 2 2010 -May 9 Columbla Fats WWTP Columbia Falls, IL Aeration T8150 -0.8S 1 2010 -May 10 Seaway WPCP Seaway WPCP Region of Niagra Aeration TB200-0.8T 3 2010 -May 11 Little Patuxent Ltitle Patuxent, MD Aeration TB400-0.6T 3 2010 -July TB400-1.0T 2 12 Washington Beef Washington, DC Aeration TB150-0 8S 5 2010 -Aug 13 Indian Springs Indian Springs, NV Aeration TB50-0.8S 3 2010 -Jun 14 Tech pads Tech pack, Incheon Aeration TCL400-4.0 2 2010 -Aug 15 Burlington Burlington, OH Aeration T820048S 1 201OJul 16 Greeley Grealey,CO Aeration TB300-0.6T B 2010 -May 17 Orem City Orem,UT Aeration T8250 -0.8S 6 201DJun 18 Lake County Lake County,IL Aeration TB75-0.8S 1 2010 -Jul 18 Pendleton Pendleton,OR Aeration TB100-1.OS 3 2010 -Jul 20 Lowell Lo"I,MA Aeration TB300-0.6T 3 2010 -Jul T820046T 1 21 TOas Toas,NM Aeration TB150-0.6S 3 2010 -Jul TB200-0.6T 3 22 Millbrae Millbnw,CA Aeration T875 -0.8S 3 2010 -Jul TOW $$ Now 4. Contact Information Company Name Title Email Cell KTurbo INC Heon Seok LEE CEO hslee®kturbo.com +82-10.47024708 Min Seok LEE Global Sales Director poohCkturbo.com +82-10-543&7510 Su Duk Seo Sales General Manager sadakturbo.com +82-11-251.6834- Trinity SeungEun LEE US f Canada General Manager trinkyakturbo.00m 630-329-5049 Seung Tae KIM Technical engineer stkimCkturbo.com +82-10.7597.6445 Sung Duck Choe Customer Service General Manager edchoeakturbo.com 630.406-1473 APSCO Joe Kemkamp Sales manager ikemkamp@apsco- inc.com 425-822-3335 Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 5J PROJECT NUMBER: ITEM TITLE: Water Main Easement for The Church of Jesus Christ of Latter Day Saints Located at 2555 Stoddard Road, Meridian MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS L A ' a C �a q ------ () r ka % n a\ -\-0 S h.cx-e e_ 9-1 .1 4oo&yes-� o!:2, Mayor Tammy de Weerd City Council Members: E IDIAN� Keith Bird Brad Hoaglun Charles Rountree I ® A H ® David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O'Brien DATE: 9'/23/110 SUBJECT: Water Main Easement for The Church of Jesus Christ of Latter Day Saints — 2555 Stoddard Road I. RECOMMENDED ACTION A. Move to: 1. Approve a Water Main Easement for the City of Meridian. This is to provide an easement for water to serve the above referenced project. It includes a water main, two-inch domestic meter, and a new hydrant. 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Steve O'Brien, Development Analyst II Supervisor Approv Scott Steckline � � � •tfl Page I of 1 489-0372 489-0362 489-0369 489-0371 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 i BOISE IDAHO 09129110 11:58 AM RDEPUTY VicW Allen ECORDED-REQUESTOF IIIIIIIIIIIIIIIilllllllllllllllllllll Meridian Cily 110091189 WATER MAIN EASEMENT THIS INDENTUREa 2l t f'f'r�" lQR7� 20 10 between a� , the parties of the fust part, and hereinafter ca e e rantors, an e ity o eri Ian, County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement EASMT WTR.DOC effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Corporation of the Presiding Bishop of The Church of GRANTOR: Jesus Christ of Latter-day Saints, a Utah corporation sole. Ir''r is7 7 - Address Secretary STATE OF V�9) 5,1 ur lA Kf- ss County of Ad* ) 0(0 r• OF THE :m SEAL :o R. A- On this L ( day of Wrrm @eA . 20a, before me, the undersigned, a Notary Public in and for said State, personally appeared Tegav F Wkj= aR4 known or identified to me to 6e the , , of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. * A-)"0K21vTD A6et',✓r IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. D. TODD EVANS NOTARY PUSUC • STATE OF UTAH COnurdulon # 575218 MY Comm. . 09/06/2012 NOTARY PUBLIC FOR IDAHO - UT,4 H Residing at S qLT Wr Co[j-.rrY Commission Expires: O q - Vie - t L Water Main Easement EASMT WTR.DOC GRANTEE: CITY OF MERIDIAN Tammy de rd, Mayor �y OF MERIp� ` T FO Attest bAbycee L. Holman, City Approved By City Council STATE OF IDAHO ) ss County of Ada ) ;,// `. JUNTY 1 �\� �� NMfill nl„`NN On this 99 4.!5 day ofS� /ibex- 1201-0 , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •� was* 00 XSEAL) 41TE••`�'000 •• "IDAHO • ls!�- Commissioni _ Y Water Main Easement EASMT WTR.DOC �k%- /d —IN Page 1 of 2 THE LAND GROUP, INC. September 10, 2010 Project No. 109147 LDS Stake Center City of Meridian Water Easement 16,427 Sq. Ft. EXHIBIT "A" A 20 foot wide water line easement situated in a portion of Lot 1, Block 1 of Parcel Five Twelve Subdivision, according to the official plat thereof, filed in Book 103 of Plats at pages 13744 -13746, records of Ada County, Idaho, located In the East One Half of the Northeast One Quarter of the Southwest One Quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a the northwesterly corner of Lot 1, Block 1 of said Parcel Five Twelve Subdivision, thence following the northerly line of said Lot 1, and the southerly right-of-way line of West Kodiak Drive 59.84 feet along a circular curve to the left, said curve having a radius of 1,020.00 feet, a central angle of 3'21'42", a chord bearing of South 77'03'23" East and a chord distance of 59.84 feet to the POINT OF BEGINNING; Thence following said northerly line and said southerly right-of-way line 20.00 feet along a circular curve to the left, said curve having a radius of 1,020.00 feet, a central angle of 1'07'25", a chord bearing of South 79017'56" East and a chord distance of 20.00 feet, Thence, leaving said northerly line and said southerly right-of-way line, South 9'57'04" West a distance of 54.75 feet to a point, Thence South 00051'52" West a distance of 318.95 feet to a point; Thence South 44'07'48" East a distance of 11.72 feet to a point; Thence South 89'07'28" East a distance of 132.87 feet to a point; Thence North 0'52'32" East a distance of 12.02 feet to a point; Thence South 89°07'28" East a distance of 20.00 feet to a point; Thence South 0°52'32" West a distance of 12.02 feet to a point; Thence South 89007'28" East a distance of 26.08 feet to a point; Thence North 0°51'52" East a distance of 34.53 feet to a point; Thence South 89°07'28" East a distance of 20.00 feet to a point; Thence South 0'51'52" West a distance of 34.53 feet to a point; Thence South 89'07'28" East a distance of 172.16 feet to a point, Thence South 0051'53" West a distance of 20.00 feet to a point, Thence North 89'07'28" West a distance of 379.40 feet to a point; Thence North 44'07'04" West a distance of 28.29 feet to a point; Thence North 0°51'52" East a distance of 328.82 feet to a point; Thence North 9°57'04" East a distance of 56.60 feet to the POINT OF BEGINNING. or Site Plonning • for dkope Architecture • Civil Engineering a Golf Course Irrigation & Engineering . trophic Cpmmunirotion . Surveying 462 f. Shore Drive; Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 f 208.939.4445 # wwwah�landarOUDln oiti g:\2009\109047\adniin\legals\I.100910 water easement 104047 .doe �,\� /,r: Page 2 of 2 THE LA14D GROUP, INC. The above-described easement contains 16,427 square feet, more or less. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. AI.IUA �� 462 E. SHORE DRIVE, SUITE 100 pCl EAGLE, -IDAHO 83616 GAG 208-939-4041 c 208-9394"S (FAX) 14216 : "E�. OF NVN�s Site Planning • Landscape Architecture , Civil Engineering • Goif Course Irrigation & Engineering •Graphic Commumcotion . Surveying 462. E. Shore Drive, Ste. 100, Fagie, Idaho 83616 • P 208.939.4041 F 2018.939.4445 • www.thelandarouoinc.com g:\2009\109047\admin\Iega1s\I 10091.0 water easement 109047 .doc Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: Amendment to Original Contract Dated July 28, 2009 for a Supply of Ferric Chloride Solution for Use at the Wastewater Treatment Plant for Odor Control and Prevention of Struvite Formation with Weschem, Inc. for a Not -To -Exceed Amount of $100,000.00 MEETING NOTES 4f,' -,)VA CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIANI*.---"-.Ol Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Roxanne Holland, EIT Staff Engineer DATE: September 20, 2010 Mayor Tammy de Weerd City Coundli Memberfs Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: AMENDMENT TO ORIGINAL CONTRACT DATED JULY 28, 2009 FOR FERRIC CHLORIDE SOLUTION WITH WESCHEM, INC. FOR A NOT TO EXCEED AMOUNT OF $100,000.00 (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the Contract Amendment with Weschem, Inc. for Ferric Chloride Solution in a not to exceed amount of $100,000.00; and 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Roxanne Holland, Staff Engineer (Project Manager) Clint Dolsby, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works Page 1 of 2 489-0347 489-0341 489-0350 489-0372 III. DESCRIPTION A. Background Ferric Chloride is used at the Wastewater Treatment Plant (WWTP) for odor control and to prevent the formation of struvite. In July 2009 a solicitation for bids was held in which Weschem, Inc. was the low bidder at $0.24 per pound of ferric chloride solution. B. Proposed Project The proposed contract amendment will continue the agreement with Weschem, Inc. supplying ferric chloride solution for use in odor control and prevention of struvite formation. Weschem, Inc. has lowered the contractual price to $0.17 per pound of ferric chloride solution, inclusive of shipping, delivery, and container return services. C. Supplier Selection Weschem, Inc. has supplied ferric chloride solution to the WWTP for 1 year and has satisfied contractual requirements during that time. IV. IMPACT A. Fiscal Impact: Project Costs: Base Bid Amount (Not -to -exceed) $100,000.00 Total Costs $100,000.00 Project Funding Wastewater Chemicals (3510-52015) $100,000.00 Total Funding $100,000.00 V. TIME CONSTRAINTS Council's approval of the agreement is critical for continued supply of ferric chloride solution to the WWTP. The contract amendment will extend the contract with Weschem, Inc. for 1 year to July 20, 2011. VI. LIST OF ATTACHMENTS A. Agreement for Indeperylent Co for Services B. Contract Amendment Approved for Council Agenda: Lo O D e Page 2 of 2 ET�IDIAN-- IDAHO,? CITY OF MERIDIAN CONTRACT AMENDMENT CONTRACTOR NAME: DEPARTMENT NAME: WESCHEM, INC WASTEWATER ADDRESS: ADDRESS: P O Box 4072 33 E. Broadway Boise, ID 83711 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Contract name & Project No. Ferric Chloride Solution — PW -09-10079 Amendment Date: 8/9/2010 Previous Amendments: 0 Current Contract Dates: START: 7/20/2009 COMPLETION: 7/20/2010 Current Contract Amount (Inclusive of Previous Amendments to Date): $125.000.00 CHOOSE ONE AMENDMENT COLUMS BELOW, either "STANDARD AMENDMENT" or "AMENDMENT TO EXERCISE OPTION TO RENEW" and check off any applicable amendments under that column. STANDARD AMENDMENT AMENDMENT TO EXERCISE OPTION TO RENEW (Check all that Apply) (Check all that apply) Amendment to Contract Performance (Scope) Amendment to Contract Performance Amendment to Contract Dates X Amendment to Contract Dates Amendment to Contract Amount X Amendment to Contract Amount Other. (Explain) _ Other: (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach aA relevant documentation detailing amendment): The City of Meridian is opting to extend this contract for an additional one year. Weschem will guarantee product pricing at $0.17/Ib for an additional 12 months. NEW CONTRACT INFORMATION: Amendment Date: 08/9/2010 New Contract Dates: START: 07/20/2010 COMPLETION: 07/20/2011 Amount of Amendment Change $100.000.00 Current Contract Amount (Inclusive of Previous Amendments to Date): $225.000.00 ALL OTHER TERMS AND CONDITIONS OF THE ORIGNAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY O�,DIAN BY:, AMMY d EERD, MAYOR �' OF MER10'1`1,1 1,�''' Dated: OFtt Approved by Council: TJ HIL = Attest: CP CE OL , CITY CLERK ''• CONTRACTOR BY: ✓uO Dated: Approved y City as o tent BY: Kiffi%RWAIrfs, PURCHASING AGENT hem k fl inc July 14, 2010 Mr. Keith Watts Meridian Public Works Suite 200 33 Broadway Meridian, ID 83642 Dear Keith: Water & Energy Solutions Re: Bid Extension P.O. Box 4072 Boise, ID 83711 Office: 208-375-4001 Fax: 208-375-4002 This letter will serve to confirm pricing for extending Bid No. PW -09-10077 for ferric chloride. Weschem Inc will guarantee pricing for this product at $0.17/lb. for a contract extension period of 12 -months. Please feel free to contact either Don Bailey or myself if you have any questions. Best regards, Weschem Inc Mark M. Plafcan Vice President 3510 52ois 09- 0360 1125, ood" AGREEMENT FOR SUPPLIES / EQUIPMENT PROCURMENT THIS AGREEMENT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made this 28th of JULY, 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and WESCHEM, INC, hereinafter referred to as "SUPPLIER", whose business address is P O BOX 4072, Boise, ID 83711. INTRODUCTION Whereas, the City has a need for services involving the procurement of FERRIC CHLORIDE SOLUTION; and WHEREAS, the Supplier 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 Equipment / Supply Specifications & Requirements: 1.1 SUPPLIER shall supply the equipment and/or supplies to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all items, and comply in all respects, as specified in the document titled "Supply Specifications & Requirements" 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 The Supplier 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 Supplier represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this FERRIC CHLORIDE SOLUTION PW -09-10079 — page 1 of 13 Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Supplier and any reports or opinions prepared or issued as part of the work performed by the Supplier under this Agreement, Supplier makes no other warranties, either express or implied, as part of this Agreement. 2. Consideration 2.1 The Supplier shall be compensated on a per pound basis (Not -To - Exceed $125,000.00) as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Supplier shall provide the City with a detailed monthly statement detailing all deliveries for the month, 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 Supplier under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Supplier. 2.3 Except as expressly provided in this Agreement, Supplier shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Supplier 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 work, (b) July 20, 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, or (b) sale of Suppliers business. 3.2 Should Supplier 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 Supplier. FERRIC CHLORIDE SOLUTION PW -09-10079 — page 2 of 13 3.3 Should City fail to pay Supplier all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Supplier, at the Supplier'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 Supplier's business; or C. Death of Supplier 4. Termination: If, through any cause, SUPPLIER, 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 SUPPLIER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. SUPPLIER 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 SUPPLIER under this Agreement shall, at the option of the CITY, become its property, and SUPPLIER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, SUPPLIER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by SUPPLIER, and the CITY may withhold any payments to SUPPLIER for the purposes of set-off until such time as the exact amount of damages due the CITY from SUPPLIER is determined. This provision shall survive the termination of this agreement and shall not relieve SUPPLIER of its liability to the CITY for damages. FERRIC CHLORIDE SOLUTION PW -09-10079 — page 3 of 13 5. Independent Supplier: 5.1 In all matters pertaining to this agreement, SUPPLIER shall be acting as an independent supplier, and neither SUPPLIER nor any officer, employee or agent of SUPPLIER will be deemed an employee of CITY. Except as expressly provided in Attachment A, Supplier has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Supplier, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent suppliers and not as employees of the City. 5.3 Supplier shall determine the method, details and means of performing the work and services to be provided by Supplier under this Agreement. Supplier 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 Supplier in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Supplier, such persons shall be entirely and exclusively under the direction and supervision and control of the Supplier. 6. Indemnification and Insurance: SUPPLIER 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 SUPPLIER, 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. SUPPLIER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, SUPPLIER FERRIC CHLORIDE SOLUTION PW -09-10079 — page 4 of 13 covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Supplier or Supplier'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. SUPPLIER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing SUPPLIER'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 Supplier begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, SUPPLIER 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 Supplier 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, Supplier's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Supplier's insurance and shall not contribute with Supplier's insurance except as to the extent of City's negligence. The Supplier's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. FERRIC CHLORIDE SOLUTION PW -09-10079 — page 5 of 13 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Weschem, Inc Attn: Mark Plafcan 10625 Barnsdale Ct Boise, ID 83713 208-375-4001 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that SUPPLIER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, SUPPLIER 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. FERRIC CHLORIDE SOLUTION PW -09-10079 — page 6 of 13 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Supplier shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of SUPPLIER'S records with respect to all matters covered by this Agreement. SUPPLIER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, SUPPLIER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Quantities: The quantity listed in Exhibit A are estimates only, based upon current known requirements, and not a guarantee to purchase and are subject to increase or decrease within the contract period. Any increase or decrease will be governed by the same terms and conditions of this Agreement. FERRIC CHLORIDE SOLUTION PW -09-10079 — page 7 of 13 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be this contract agreement, the Invitation for Bid document, and successful bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. FERRIC CHLORIDE SOLUTION PW -09-10079 — page 8 of 13 CITY OF MERIDIAN BY:' TAMMY e EERD, MAYOR Dated: i`' 1/- 01 Approved by City Council Attest: 00' JAYCEE .k HOLMAN, Weschem, Inc. BY: q Dated: �i l Li 0 l // vPCV/ -, O�pOF4TFD CITY CLLR EAL �, C '- 9 sr ,s1 , �~ Approved as to Content 0,q ° epartment Approval .,COUNTYAe BY: BY: KEITH A , PUR ASING AGENT NAM E: '0S(qA*te_� Dated: TITLE: W LiP..r' Approved as to Form CITY ATTORNEY Dated: '1.23' �j FERRIC CHLORIDE SOLUTION PW -09-10079 — page 9 of 13 Attachment A Supply Specifications & Requirements The City of Meridian, referred to herein as the City, has agreed to purchase a one-year supply of 38% ferric chloride solution that will be used for odor control and to control the formation of struvite. The ferric chloride solution furnished shall meet the specified terms and conditions herein: a. The ferric chloride solution shall meet the following requirements: Property Range Fe (III) 13.1-14.5% FeC13 (AWWA Equivalent) 37-42% FeC12 weight percent 0.5% Fe (II) < 0.25% Free HCI < 0.25% Sulfur as Sulfate 3-5% Water -Insoluble Matter < 0.1% Specific Gravity 1.3 — 1.5, 1.4 Avg. Barium < 1 mg/kg Cadmium < 1 mg/kg Chromium < 50 mg/kg Copper < 50 mg/kg Lead < 5 mg/kg Nickel < 40 mg/kg Silver < 1 mg/kg Zinc < 100 mg/kg Magnesium < 100 mg/kg Molybdenum < 2 mg/kg Titanium < 50 mg/kg Antimony < 10 mg/kg Selenium < 10 mg/kg Mercury < 10 mg/kg Biological Contamination None 2. The ferric chloride product shall conform to the American Water Works Association (AWWA) standard for Liquid Ferric Chloride, B407-05 except as supplemented in this specification. Failure to meet any aspect of this specification may result in refusal of individual deliveries and/or termination of Ferric Chloride purchase, independently, from the resultant contract. FERRIC CHLORIDE SOLUTION PW -09-10079 — page 10 of 13 3. Performance Requirements: i. Ferric Chloride shall not crystallize in storage ii. The Ferric Chloride product shall not cause any adverse effect on the condition of the filter media or chemical delivery systems that will adversely affect performance iii. The Ferric Chloride product shall be resistant to and free from biological contamination 4. The ferric chloride shall be an orange -brown, acidic, corrosive aqueous solution. 5. Testing and verification methods shall be according to the current FerricChloride (AWWA) standard. 6. The supplier shall demonstrate compliance with the performance requirements herein. 7. Ferric chloride shall be delivered by the Supplier to the City of Meridian Wastewater Treatment Facility: 3401 N. Ten Mile Road, Meridian, Idaho 83646 All shipping and delivery charges shall be paid by the Supplier and are included in the base bid price. The Supplier shall submit a certificate of analysis (COA), with these specifications, with each delivery of ferric chloride. The COA shall contain: • Weight percent FeC13 • Specific Gravity • Percent weight of FeC12 • Percent total iron • Free Acid as HCI • Metals content (provide quarterly analysis testing) 8. Deliveries shall be made within 7-10 days of the City's order and shall be made between 8:30 am and 3:30 pm, Monday — Friday, excluding holidays. 9. Shipments will be made in 5,000 gallon increments. The expected yearly usage is as follows: • 45,000 gallons • 511,000 lbs. based on 11.2 lbs. ferric per gallon The amounts are estimated and may increase or decrease over the term FERRIC CHLORIDE SOLUTION PW -09-10079 — page 11 of 13 of the Contract. 10. The prices in the bid dated June 16, 2009 and signed by Mark Plafcan shall not change for the term of the Contract. 11. The Contract will become effective upon approval by the City Council and shall continue for a period of one year, unless terminated under terms and conditions set forth in this Agreement. 12. The City reserves the right to discontinue the use of ferric chloride (and associated ferric chloride purchase) and to employ alternate methods of odor and struvite control. 13. The City reserves the right to extend the Contract based on the terms and conditions of the Invitation for Bid Document (PW -09-10079) and Specifications for up to three years from the date of expiration, provided such extension is mutually agreeable to both the City and the Supplier. 14. Seller must supply the City with a twenty-four (24) hour emergency phone number in the event of a chemical incident. The Seller must provide on- site facility assistance if requested and technical support within one (1) hour of notification by the City, if required. The name, address and phone number of the local representative, as specified on page 10 of bid package PW -09-10079 is: Don Bailey, 15573 Sequoia Way, Caldwell, ID 83607, 208-989-2682. 15. If the chemical delivered does not meet specifications and as a result, causes deterioration to City of Meridian owned equipment, the Supplier will be responsible for replacement of said equipment and the labor costs involved with any repairs. FERRIC CHLORIDE SOLUTION PW -09-10079 — page 12 of 13 Attachment B PAYMENT SCHEDULE TASK DESCRIPTION AMOUNT/LB Chemfloe 901 38% FERRIC CHLORIDE SOLUTION, A. per attached Specifications (Attachment A) Price .24 includes shipping, delivery and container return services. Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. FERRIC CHLORIDE SOLUTION PW -09-10079 — page 13 of 13 Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: Addendum No. 8 to Original Agreement Dated November 1, 2002 with the City of Boise for City Prosecutor/Criminal Legal Services for a Not -to -Exceed Amount of $282,660.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS q -Do° 01 -(S)q `'� �� _ 1 oy.q I rlal -�o fence — 4r�q nal ►vtc��l ed �yar� w�e +� L.. EXHIBIT "A" ADDENDUM NO.8 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1, 2002 This addendum No. 8 is entered into 14th day September , 2010 by and between the City of Meridian (hereinafter referred to as "Meridian"), and the City of Boise, (hereinafter referred to as 'Boise"), for the purpose of amending and extending an Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002. Whereas, on November 1, 2002 Meridian and Boise entered into an agreement for Boise to provide certain prosecutorial/criminal legal services to Meridian; and Whereas, the agreement was extended and modified by Addendums approved in 2003, 2004, 2005, 2006, 2007, 2008, and 2009; and Whereas, Meridian and Boise desire to modify certain terms of the agreement related to the amount of payment; and Whereas, Meridian and Boise desire to extend the agreement as modified for an additional one (1) year term. Now, therefore, in consideration of the foregoing, Meridian and Boise agree to amend that certain Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002 as follows: 1. That Section 4 of the Agreement is hereby modified to read as follows: 4. PAYMENT FOR SERVICES. Meridian agrees to pay Boise for services rendered pursuant to the terms of this Agreement as follows: 4.1 As compensation for all Primary Legal Services, including all out-of-pocket expenses incurred by Boise in performing the Primary Legal Services, Meridian shall pay Boise the total sum of twenty-three thousand five hundred fifty-five dollars ($23,555) per month, with the annual total cost of two hundred eighty- two thousand six hundred sixty dollars ($282,660). 4.1.1 Payment of Primary Legal Services shall be paid by Meridian to Boise on or before the 2e day of the following month. 4.1.2 Boise shall provide Meridian with a monthly itemized invoice of all services performed at the request of Meridian beyond the Primary Legal Services (including all out-of-pocket expenses). Provided the invoice is received by the 5th of the month, Meridian shall remit payment to Boise by the first business day of the following month. Meridian Addendum No. 8 Page 1 2. That section 9 of the Agreement is hereby modified to read as follows: POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties mutually agree to renew or extend the term of this Agreement, as provided in the Contract Extension — FY -2011, attached hereto as Exhibit B. 3. Except as modified by this Addendum No. 8, the original Agreement for City Prosecutor/Criminal Legal Services between the City of Meridian and the City of Boise dated November 1, 2002, which incorporates Addendums Nos. 1, 2, 3, 4, 5, 6, and 7 shall remain in full force and effect. IT IS SO AGREED. IN WITNESS WHEREOF, the parties have executed this Addendum No. 8 on this 14tbday of September , 2010. CITY OF MERIDIAN BY: Mayor T de Weerd OMFR/ �t $EAL ayc3De olman, City Clerk CITY OF BOISE BY: Mayor David Bieter Meridian Addendum ♦ y Craig Cr(?�Zr, 'City Cle�• EXHIBIT "B" CONTRACT EXTENSION - FY -2011 Prosecution and Criminal Legal Service for the City of Meridian Cost for Services The Boise City Attorney's office proposes to continue to offer Meridian City a flat annual fee to be billed in monthly installments to provide the services described in this proposal. Primary Legal Services Primary prosecutorial legal services include: • Prosecutorial intake screening and review of all police -generated misdemeanor reports and citations; • Timely filing decision and notification back to MPD and customer; • Prosecution of infractions and misdemeanors occurring within the Meridian City limits or pursuant to the Memorandum of Understanding between MPD and BPD; • Coverage of the additional caseloads in the new criminal courtrooms assigned by the Trial Court Administrator. Primary civil legal advice and guidance to the Meridian Police Chief and MPD include: • Access to members of the Public Safety Division for immediate assistance 24 hours a day, 7 days a week through cell phone and/or pager under MPD's protocol; • On-site legal services by a rotation of police attorneys three half -days each week; • Routine review and approval of MPD's public records requests and property dispositions; • Legal training for Block Training and Advanced Academy on search and seizure, trial preparation, investigations, and domestic violence; • Training on other needs (including those identified through the screening process) by request of the Meridian Police Chief, • Regular legal bulletins, including Idaho case law, U.S. Supreme Court, and the Ninth Circuit. Annual Cost - $282,660 Monthly Installment - $23,555 i RESOLUTION NO. 21018 BISTERF SHEALY AND THO SON BY THE COUNCIL: JORDAN, T By A RESOLUTIO N APPROVING ADDENDUM NO. 8 TO AN AGREED THE CITY D BETWEEN THE CITY OF BOISE CITY L G PROSECEGAL hU ORIEL SERVICES TO MERIDIAN FOR THE PROVISION CITY THE CITY OF MERIDIAN; AUTHORIZING THE MAYOR HALF OF OISERCITY; O EXECUTE AND ATTEST SAID A DATE. NO. 8 O AND PROVIDING AN EFFECTIVE NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section I. That Addendum No. 8 to an Agreement by and between the City of Boise Cityand the City of Meridian, a copy of said Addendum No. 8 marked Exhibit "A" attached roved as to both hereto and incorporated herein by reference, be, and the same is hereby, app form and content. S t'o2 That the Mayor and City Clerk be, and they hereby are, authorized to ec i respectively execute and attest said Addendum No. 8 for and on behalf of the City of Boise City. A. 1 on its Section 3. That this Resolution shall be in full force and effect imine late yup adoption and approval. ADOPTED by the Council of the City of Boise City, Idaho this.' 14th day of September , 2010. APPROVED by. the Mayor of the City of Boise City, this 14th day of September , 2010. APPROVED: MAYOR David H. Bieter ATTEST: R-262-10 Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: Task Order # 10022a Pursuant to the Master Agreement Approved by City Council April 13, 2010 for Meridian Wastewater Treatment Plant Facilities Plan with CH2M Hill for a Not - To -Exceed Amount of $128,224.00 MEETING NOTES COAA \ n Qe-A CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: Final Order for Approval: TE 10-018 Southridge Subdivision No. 1 by Linder 109, LLC et al. Located on the Southwest Corner of West Overland Road and South Linder Road: Request for an 18 -Month Time Extension to Obtain the City Engineer's Signature on the First Final Plat MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ( q ,D9 -- 9-o)9 Or�glvtOL� Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 50 PROJECT NUMBER: ITEM TITLE: Findings of Fact and Conclusions of Law for Approval: AZ 10-001 by Ada County Located at Southwest Corner of N. Linder Road and W. Ustick Road: Request for Annexation and Zoning of 2.58 Acres from R1 (Ada County) to C -C (Community Business) Zoning District for Ada County Paramedics Linder Station MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS q�aq . on .--- Ct- a� �� PY03 9VI-��te� Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 5P PROJECT NUMBER: ITEM TITLE: Resolution No.I Cl % (Je-�), : A Resolution of the Mayor and City Council of the City of Meridian, Amending the Text of the City of Meridian Comprehensive Plan to Amend the Meridian Design Manual for Design Review MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7 BOISE IDAHO 10/06/10 11:18 AM DEPUTY Lisa Batt III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED -REQUEST OF 110493727 Meridian City CITY OF MERIDIAN RESOLUTION NO. Z— BY THE CITY COUNCIL: I BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, AMENDING THE TEXT OF THE CITY OF MERIDIAN COMPREHENSIVE PLAN TO AMEND THE MERIDIAN DESIGN MANUAL FOR DESIGN REVIEW WHEREBY AMENDING CHAPTER 5 OF THE CITY OF MERIDIAN COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 6, 2002, the City of Meridian Comprehensive Plan was adopted by Meridian City Council Resolution no. 02-382; and, WHEREAS, the Meridian City Planning Department adopted the Design Manual as an addendum to the City of Meridian Comprehensive Plan by Meridian City Council Resolution no. 06-497 ; and, WHEREAS, the Meridian City Planning Department further recommends correlative text revisions to the Section E of the Design Manual; WHEREAS, the Mayor and City Council have provided all requisite notices and hearings, and have complied, and will hereafter comply, in all respects with the requirements of the Idaho Local Land Use Planning Act for amendment of the Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. That the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan by adding the Design Manual as an addendum thereto. Pursuant to Idaho Code § 67-6509(c), a copy of the amended Comprehensive plan, with this Resolution, shall be kept on file in the office of the City Clerk. SECTION 2. That the text of the Design Manual, at it relates to residential Developments shall be amended as follows: Residential Developments Introduction: The quality and character of Meridian and its neighborhoods is directly linked to the overall quality of the built environment. The guidelines in this section describe and illustrate important physical and visual COMPREHENSIVE PLAN AMENDMENT — DESIGN MANUAL EDITS — CPA 10-002 — Page 1 of 7 characteristics that enable residential developments to create attractive and livable neighborhoods throughout Meridian. Use these guidelines and the appropriate Design Manual sections that correspond to the anticipated development context (urban, urban/suburban or suburban) as determined from the Development Matrix, to enhance existing neighborhoods and establish new, integrated neighborhoods throughout the City. Residential developments should emphasize the establishment of pedestrian environments and community connectivity through the integration of street networks, attractive streetscapes and landscaping, access to transit, and accessibility to public, common and open spaces. Urban, Urban/Suburban, and Neighborhood Center residential developments should be integrated within an appropriate mixed-use environment. Purpose: These guidelines address general site and building relationships necessary for residential developments and buildings to contribute to the establishment of compatible, attractive neighborhoods throughout the City to enhance architectural character and create a sense of place for residents. The City encourages the creative and innovative use of current and emerging development and design practices that meet or exceed the general expectations of the community as expressed in the Gempfessive Comprehensive Plan, the guiding principles of the Design Manual, and the objectives of the guidelines. Applicability: The guidelines in this section apply to residential development proposals with the following UDC designations; all duplex and single family attached units, townhouses, and multifamily dwellings. Note: additional development standards and requirements specific to these uses may be found in 11-4-3 of the UDC. Residential subdivisions should use the Design Manual and guidelines to ensure that the development is compatible with surrounding uses and contributes to an appropriate context. Individual detached single-family dwellings are not required to submit for compliance with the design guidelines. The City encourages single-family detached developments to consider incorporating the design guidelines with any subdivision architectural development standards. COMPREHENSIVE PLAN AMENDMENT — DESIGN MANUAL EDITS — CPA 10-002 — Page 2 of 7 E. Residential Design Guidelines 2.0 Architectural Character 2.1 Cohesive Design E-2.1.1 Notes: E-2.1.1.1. Residential building designs are encouraged to create their own identity and character as an appropriate contribution to the organized development of attractive neighborhoods. E-2.1.2 Objectives: E-2.1.2.1. To encourage visually aesthetic residential building designs that promote quality architectural character and establish built environments that are compatible with existing adjacent and planned uses. E-2.1.3 Guidelines: E-2.1.3.1. Building designs should appropriately address building scale, mass and form and the use of materials, architectural elements and details to ensure a compatible and aesthetic contribution to neighborhood development. >~ 2.1.3.2. 7TH fundamental design low ludi b � t 1' ite �,. �vnxc.�rgrr-pizPrcrp=cs, -'rirvraairr�viTc-i=v s -ilii � ....., eemp6sition, eiae",cr- balanee, d+y ungrepetition, pr-epei4ien, and sealed to nate a unified Wilding design. >~ 2.1.3.3-.E-2.1.3.2. Design building facades that express architectural character and incorporate the usef fundamental design principles, including but not limited to, composition, order, balance, rhythm, repetition proportion, and scale, to create a unified building designe Design all appropriate sides of buildings, including facades that face roadways and drive aisles, public and common spaces, other buildings, and adjacent uses to create an attractive appearance and unify the building design with the consistent use of materials, elements, and color. E Design all appropriate sides of 1.,,41.i;ngs, ;,-,..1uding f yam that faee—roadway— lie a -ad eemmen spaees, ether—buil .,,1 „4 , E.2.1.3.3.2.r•,o ��„, ,, +o ,.�;o appear-anee and unify the building low;,.,, materials,with the eensistent use ef elements, and eelor on all appr-ep6ate fagades. E-2.1.3.43. Building designs should enhance public and common spaces, articulate aesthetic character, and provide human and pedestrian scale. COMPREHENSIVE PLAN AMENDMENT — DESIGN MANUAL EDITS — CPA 10-002 — Page 3 of 7 E-2.1.3.43.1. Design buildings to enhance the attractiveness and appeal of developments, define street presence, public and common spaces, and contribute to neighborhood identity. E-2.1.3.43.2. Incorporate human and pedestrian scale as integral components of the building design to enhance the attractiveness and appeal of buildings and residential areas. E-2.1.3.54. Where appropriate, use building design and architecture to promote wed use and denser- deve ^ menu as aesthetically pleasing mixed-use developments within neighborhoods. E-2.1.3.54.1. Building designs are encouraged to use vertically integrated mixed-use structures and/or horizontal mixed-use forms to create compact developments_ E. Residential Design Guidelines 2.0 Architectural Character 2.4 Architectural Elements E-2.4.1. Objectives: E-2.4.1.1. To promote attractive residential units that enhances the quality of neighborhoods and developments by integrating architectural elements and details with building designs. E-2.4.2. Guidelines: E-2.4.2.1. Use architectural elements and detailing on all appropriate facades, including, but not limited to, fenestration patterns, awnings, balconies, entries, porches, materials, and—decorative or ornamental detailing, exposed trusses, roof brackets, window trim, arches and cornices to articulate fagades, add interest and contribute to an aesthetic building character. This guideline applies to building facades facing roadways and perimeter of the subdivision where the rear and side fagades are viewed from the adjoining roadways. E-2.4.2.1.1. Design and articulate architectural elements using proportions, divisions, detailing, materials, textures, and colors that appropriately integrate these elements with the building design. E-2.4.2.1.2. Provide architectural elements and detailing that emphasize human scale throughout the building design as appropriate. E-2.4.2.1.3. Use architectural elements to articulate the fenestration of fagades to create balance and order that contribute to the quality and architectural character of the building. COMPREHENSIVE PLAN AMENDMENT — DESIGN MANUAL EDITS — CPA 10-002 — Page 4 of 7 E-2.4.2.1.4. Create visually balanced facades. Symmetry is not necessary to achieve a balanced design; however, balance is achieved through the thoughtful placement and design (size, scale, proportion and detailing) of windows, doors, and other openings in the fagade. E-2.4.2.2. Clearly define and articulate building entries and connect them to roadways and pedestrian walkways. Where appropriate, primary building entries should face roadways or adjacent public space. E-2.4.2.3. Residential buildings adjacent to roadways and public space should strategically locate key elements as focal points within the design to enhance architectural character. E-2.4.2.3.1. Focal elements should emphasize building corners, entries, adjacent public spaces, or other such features that enhance the building character or adjacent pedestrian environments. E-2.4.2.4. Where appropriate, windows should be placed on all elevations and detailed to provide articulation and avoid blank walls. The placement, size, proportions, and details of windows should contribute to the architectural character of the building. E-2.4.2.5. Multifamily stairwells should be integrated with the building design and provide residents protection from the weather. Use durable materials that contribute to the architectural character. E-2.4.2.5.1. Multifamily structures are encouraged to use internal circulation and stairwells to access individual residential units. E. Residential Design Guidelines 2.0 Architectural Character 2.5 Materials E-2.5.1. Objectives: E-2.5.1.1. To ensure that materials used for residential development promote and establish an architectural character that contributes to the aesthetic qualities of neighborhoods and protects adjacent property values. E-2.5.2. Guidelines: E-2.5.2.1. Buildings with fagades that face multiple roadways and/or public spaces should use consistent material combinations, quality, and detailing to unify the building design. E-2.5.2.2. Use complementary material combinations that contribute to a cohesive building design. Use materials from the following basic groups: wood (simulated wood material), masonry, concrete, metal, and glazing. COMPREHENSIVE PLAN AMENDMENT — DESIGN MANUAL EDITS — CPA 10-002 — Page 5 of 7 E-2.5.2.2.1. Use well -detailed, proportioned, and durable materials that weather and age gracefully, adding to the architectural character over time. Avoid non -durable materials that deteriorate quickly and require frequent maintenance or replacement. E-2.5.2.2.3_2. Provide pattern, texture, and detail in the building design and distinguish field materials from accent materials to create interest and variety in fagade design and establish an attractive architectural character. E-2.5.2.3. Where materials transition or terminate, provide detailing to express the natural appearance of the material. (For example, stone, or stone-like products, should convey the appearance of mass and should not appear as a thin veneer.) E-2.5.2.4. Incorporate material and color changes as integrated details of the building design; maintain architectural integrity and promote a quality appearance and character. E-2.5.2.4. 1 When large wall areas are proposed, architectural embellishments should be used to reduce monotony. E-2.5.2.4.4-2. Vinyl sidin may be appropriate for- aeee is and to if it creates interest in the design by using a mix of material patterns (e.g. board and batten horizontal and vertical lap, shake or shingles), colors and accented corner posts. 1 ' y! siding is diseoufaged s a eK4e material applied to never- large • al areas. E-2.5.2.4.3. The use of masonry as a material accent should be applied to 50 percent of the available wall length at a minimum height of 24 inches. (Available wall length does not include garage openings.) E-2.5.2.5. Use colors that complement the use of building materials and support innovative and good design practices. E-2.5.2.5.1. The use of subtle, neutral, and natural tones of field materials should complement accent colors and materials. The use of deep earth tones or saturated colors to distinguish building facades should enhance the building design and be compatible with adjacent structures. E-2.5.2.5.2. The use of intensely bright and fluorescent colors, as well as widespread use of saturated hues without complementary colors, materials, and accents, is discouraged. E-2.5.2.5.3. Materials or colors with high reflectance, such as metal or reflective glazing should be reviewed with the Planning Staff to minimize glare on roadways, public spaces, and adjacent uses and determine appropriateness. COMPREHENSIVE PLAN AMENDMENT — DESIGN MANUAL EDITS — CPA 10-002 — Page 6 of 7 E-2.5.2.5.4. Residential structures should use a cohesive color scheme featuring a minimum of two field colors, a trim color and a front door color. Garage door colors should coincide with this scheme or the material palette of the structure. SECTION 3. T hat this Resolution shall be in full force and effect immediately upon its adoption and approval. Yi--- ADOPTED by the City Council of the City of Meridian, Idaho, this ZC day of 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2010. APPROVED: Mayormy de Weerd ATTEST: \\\� %oll1,u.//,,,,�, Of By: oa TFo aycee Holman, City Clerk = SEAL ,C5 COUNTY COMPREHENSIVE PLAN AMENDMENT — DESIGN MANUAL EDITS — CPA 10-002 — Page 7 of 7 Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 5Q PROJECT NUMBER: ITEM TITLE: Resolution No. --7 q3 : A Resolution of the City Council of the City of Meridian, Idaho Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Mayor of the City of Meridian to Donate a Vehicle to the City of Bonners Ferry, Idaho MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I ri` -7q3 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE A VEHICLE TO THE CITY OF BONNERS FERRY, IDAHO. WHEREAS, it is in the best interest of the City of Meridian to declare that a certain vehicle, a 2003 White 4 -door Ford Expedition, Serial # 1FMPU16123LB66769, hereto is surplus property, as this particular item is no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy and Idaho Code section 50-301 allows surplus City property to be transferred to another local government when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS, the cost of maintaining the vehicle listed herein until it were sold, if it could be sold, exceeds its value to the City of Meridian and would result in the unnecessary expenditure of City funds; and WHEREAS, the City of Meridian desires to donate the vehicle listed herein below to the City of Bonners Ferry, Idaho, another local government agency. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that the vehicle, a 2003 White 4 -door Ford Expedition, Serial # 1FMPU16123LB66769, hereto is surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of the vehicle listed hereinabove, for no monetary consideration, to the City of Bonners Ferry, Idaho. )JVP= by the City Council of the City of Meridian, Idaho, this Z.E day of 2010. RESOLUTION AUTHORIZING DONATION OF SURPLUS VEHICLE TO CITY OF BONNERS FERRY - I of 2 .4k - APPROVED -APPROVED by the Mayor of the City of Meridian, Idaho, this day of ATTEST: By: "vil aycee Holman, City Clerk APPROVED: Mayor Tamm Weerd RESOLUTION AUTHORIZING DONATION OF SURPLUS VEHICLE TO CITY OF BONNERS FERRY - 2 of 2 Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 5R PROJECT NUMBER: ITEM TITLE: Amended onto the Agenda: Repair and Reimbursement Settlement Agreement for Treehaven MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS a$ ---" ``— 8-• l�avA Se*vk- kzpd0.-- +o 0�, �q I na\ vw+- Sxq heck -bA Ottle r - REPAIR AND REIMBURSEMENT SETTLEMENT AGREEMENT REPAIR SANITARY SEWER SYSTEM TREEHAVEN SUBDIVISION THIS AGREEMENT made this aday of 1X'r4efflbr r _, 2010, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called CITY, and OAKLEAF DEVELOPMENT COMPANY, INC. and BENT FENDER LLC, d/b/a TREEHAVEN, hereinafter called TREEHAVEN. WHEREAS the sewer system in the Treehaven Subdivision was constructed in 2008-09 by Somer Construction; and WHEREAS the system was accepted for the purpose of ownership by the City of Meridian in February of 2009 by the City as compliant with the City's standards and would therefore become part of the City of Meridian overall sewer system; and WHEREAS upon inspection in 2010 the City of Meridian discovered that the system was no longer in compliance with the City's standards and notified Somer Construction; and WHEREAS Somer Construction has notified the City of Meridian that they are unable to repair the deficiencies in the system; WHEREAS the City of Meridian has notified the current owners of the property, identified as Treehaven, about the non-compliant sewer system; and WHEREAS both the owners and the City have notified the bonding company of Somer Construction about the deficiency in the work performed; and WHEREAS the City has restricted the issuance of building permits for all other properties that are intending to use this portion of the City's sewer system until the system can become compliant with City standards; and WHEREAS the City of Meridian and Treehaven disagree with the City possibly withholding occupancy permits for properties that are currently under construction and the parties desire to resolve that issue in a timely manner; and WHEREAS the necessity of repair of the system is time sensitive due to the on-going construction of residences on these platted lots; WHEREAS Treehaven has agreed to manage and bid out the project to be able to meet the time sensitive needs of the project; WHEREAS the City is unable to meet the time demands of this project at this time; REPAIR AND REIMBURSEMENT AGREEMENT - 1 Repair and Reimbursement Agreement btw Meridian and Treehaven LLCYINAL.9-28-10.DOC [7690-15] WHEREAS as means of settlement of any claims or issues by Treehaven it is the desire of the City to enter into this agreement for repair and reimbursement of the City's sewer system within the Treehaven subdivision; Therefore the City of Meridian and Treehaven LLC agree to enter into this Repair and Reimbursement Agreement as follows: WITNESSETH: WHEREAS, upon recommendation of the Public Works Department, the Council of CITY accepted and approved the proposal of TREEHAVEN to repair the sanitary sewer system located within the Treehaven Subdivision, subject to all conditions hereinafter provided by this Agreement. NOW THEREFORE, in consideration of the foregoing premises, it is agreed: A. Preparation of Plans. TREEHAVEN has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the repair of the sanitary sewer system (sometimes referred to herein as the Project), shown on Exhibit "A" (sometimes referred to here as the "Project Plans"). B. Final Approval of Plans. Prior to commencement of construction, CITY shall approve, in its discretion, any changes to the Project Plans. CITY and TREEHAVEN shall acknowledge in writing the Project Plans shall not thereafter be modified in any material way unless such modifications are approved in writing signed by CITY and TREEHAVEN. C. Repair of Sanitary Sewer System. (1) TREEHAVEN shall cause the sanitary sewer system to be repaired by a licensed public works contractor as shown on Exhibit "A", in compliance with and subject to the conditions hereinafter provided. (2) TREEHAVEN shall provide all engineering and contract administration for the repair of the sanitary sewer system described on Exhibit "A". (3) TREEHAVEN shall provide all testing, sampling and other normally conducted quality control/quality insurance of the repairs. (4) CITY shall provide inspection services for the repair of the sanitary sewer system described on Exhibit "A" in accordance with CITY standards. D. Letting Bids. TREEHAVEN has solicited bids, without published requests for bid proposals, for repair of the sanitary sewer system from at least three (3) properly licensed public work contractors. TREEHAVEN shall award the construction contract to the lowest responsible bidder after obtaining approval from CITY of low bidder and bid amount. CITY reserves the right to reject all bids if CITY, in its sole discretion determines that the bid amount is unacceptable. The CITY has declared an emergency REPAIR AND REIMBURSEMENT AGREEMENT - 2 Repair and Reimbursement Agreement btw Meridian and Treehaven LLC.FINAL.9-28-10.DOC [7690-15] exists and that the public interests and necessity demand the immediate expenditure of public money to safeguard life, health and property without compliance with formal public bidding procedure and rules. Any challenge to this Agreement shall not relieve the CITY of its obligation to reimburse TREEHAVEN as provided herein. E. Contract Terms. TREEHAVEN shall provide CITY with a copy of the executed construction contract. The construction contract shall include, at a minimum, the following provisions: (1) A requirement that the contractor provide payment and performance bonds required by the Public Contracts Bond Act, Chapter 19, Title 54 of the Idaho Code naming CITY as an additional beneficiary. (2) A requirement that the successful bidder be licensed as a public works contractor. (3) A requirement that the repair of the sanitary sewer system be in accordance with the approved designs, plans, and specifications (i.e., the Project Plans) and be Substantially Complete within ninety (90) days from the date TREEHAVEN issues a notice to proceed to the contractor. For the purposes of this Agreement, the term Substantially Complete shall mean that the repair of the sanitary sewer system can be safely used for its intended purpose despite the fact that some item or items remain uncompleted. CITY and TREEHAVEN shall cooperate and work with each other and the contractor to cause the repairs to be made as quickly as possible. (4) A provision that the time for Substantial Completion will only be extended by (i) acts of God, (ii) war, (iii) delays caused by CITY, or (iv) any request for extension of time approved in writing by CITY. (5) A requirement that the contractor maintain liability insurance insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,000) per person and per occurrence, and property damage with a limit of One Million Dollars ($1,000,000) per occurrence, naming both TREEHAVEN and CITY as co -insureds. (6) A provision that the contractor shall indemnify CITY and TREEHAVEN from any and all claims by third persons arising out of the performance of the contract. (7) A provision that the contractor comply with all applicable laws, rules, and regulations, and that the contractor secure all applicable permits and pay all applicable fees. (8) A provision providing at least a one (1) year warranty on the work and materials of the Project that is assignable to CITY. The CITY acknowledges TREEHAVEN is not providing any warranty and that the CITY shall look solely to the contractor. REPAIR AND REIMBURSEMENT AGREEMENT - 3 Repair and Reimbursement Agreement btw Meridian and Treehaven LLC.FINAL.9-28-10.DOC [7690-15] F. Conditions Precedent to Execution of Construction Contract. Prior to execution of the construction contract, the following conditions shall be satisfied: (1) TREEHAVEN shall obtain written approval from CITY of the form and terms of the construction contract, which may be withheld for any reason, including but not limited to TREEHAVEN'S failure to obtain a construction contract that contains the provisions required in this Agreement, but which shall not otherwise be unreasonably withheld. CITY shall respond promptly to all requests for approval. G. CHANGE ORDERS TO CONSTRUCTION CONTRACT. TREEHAVEN shall obtain the written approval of CITY before approving any change order in the construction contract if (i) the cost of the change order will exceed one percent (1%) of the contract price and/or (ii) the cumulative total of all previously approved change orders exceeds ten percent (10%) of the contract price. In the event of a change order, this Agreement shall be amended to record the amount of the change order to be reimbursed to TREEHAVEN, if any. Furthermore, in the event that a change order or other amendment to the construction contract results in a cost savings, CITY and TREEHAVEN shall execute an amendment to this Agreement to reflect how the cost savings will be allocated between CITY and TREEHAVEN. H. COMPLETION OF THE PROJECT. (1) Upon completion of the Project, TREEHAVEN shall furnish to CITY a written certification that the Project is complete in accordance with the approved plans. Within fifteen (15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non -confirming, in which case TREEHAVEN shall promptly cause the remediation of all non -confirming matters. (2) Upon completion of the Project, TREEHAVEN shall deliver to CITY as -built drawings for the Project in both a reproducible printed format on mylar and in electronic files in AutoCAD format. (3) Upon completion of the Project, TREEHAVEN shall complete all paperwork necessary to assign to CITY the contractor's one (l) year warranty of the work and materials on the Project. (4) Upon completion of the Project, TREEHAVEN shall cause the contractor to represent and warrant that the Project shall be free and clear of all liens and encumbrances that were not created by or with the written consent of CITY. I. REIMBURSEMENT to TREEHAVEN. (1) Because the TREEHAVEN will repair the sanitary sewer system as shown on Exhibit "A", the CITY shall reimburse TREEHAVEN the reasonable out-of- pocket costs incurred to repair the sanitary sewer system, including the amount paid to the Contractor and amounts paid for third party contract administration REPAIR AND REIMBURSEMENT AGREEMENT - 4 Repair and Reimbursement Agreementbtvr Meridian and'Treehaven LLC.FINAL.9-28-10.130C [7690-151 and other third party costs and expenses, engineering, testing, inspections and other costs and expenses, with the total reimbursement to TREEHAVEN estimated at $ (2) TIMING OF REIMBURSEMENT. Reimbursement shall be made to TREEHAVEN upon satisfactory completion of the repair of the sewer improvements and within thirty (30) days after proof of costs is submitted for approval. Adjustments based on actual costs incurred through written change orders approved by CITY will be allowed upon Approval by City Council prior to reimbursement. (3) RECOVERY FROM SOMER CONSTRUCTION OR LIBERTY MUTUAL. Nothing in this Agreement SHALL prohibit the CITY from seeking recovery or damages from the Somer Construction or their bonding company, Liberty Mutual. Any recovery or damages received by Treehaven for this sewer project shall be remitted to the City of Meridian. J. No Assignment. TREEHAVEN shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. K. REMEDIES UPON DEFAULT. (1) Default by TREEHAVEN. In addition to such other remedies at law or in equity for default that CITY may have, in the event TREEHAVEN fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to TREEHAVEN hereunder until such defaults are corrected to the satisfaction of CITY. (2) Default by CITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, TREEHAVEN shall be entitled to all remedies available at law or in equity. L. ATTORNEYS' FEES. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any of the provisions of this Agreement, or to recover damages for the breach of this Agreement, or to resolve any disagreement in the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered therein shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same may be included in such judgment or award. M. NOTICES. Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: REPAIR AND REIMBURSEMENT AGREEMENT - 5 Repair and Reimbursement Agreement btw Meridian and Treehaven LLC.FINAL.9-28-10.DOC [7690-15] CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 TREEHAVEN: Treehaven 100 N 9th Street, Ste 200 Boise, ID 83702 With a Copy To: L. Edward Miller Givens Pursley, LLP 601 W. Bannock Street Boise, ID 83702 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 of this section. N. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. O. EXHIBITS. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. P. ENTIRE AGREEMENT. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. [end of text] REPAIR AND REIMBURSEMENT AGREEMENT - 6 Repair and Reimbursement Agreement btw Meridian and Treehaven LLCTINAL.9-28-10.130C [7690-15] IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. OAKLEAF DEVELOPMENT COMPANY, INC.. By: 4,�- K � Qj,. Douglas K. Carnahan Its: President 10 /(� /10 Date CITY OF MERIDIAN BENT FENDER LLC By: Its: Manager, O'Neill Enterprises, LLC, by Derick O'Neill, Manager g1-�,9lio Date MAYOR T DE WEERD ATTEST: ``►ti,.►►u n r►rrr�� OF M��q'y'�''% JAYCE OLMAN, CITY C ER SEAL �+ p '9 REPAIR AND REIMBURSEMENT AGREEMENT - 7 Repair and Reimbursement Agreement.btw Meridian and Treehaven LiC.FINAL.9-28-10.DOC [7690}151 State of Idaho County of Ada ) On this day of , in the year 2010, before me, a Notary Public in and for said County and State, personally appeared Douglas K. Carnahan, known or identified to me to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the day and year in this certificate first above written. O�p CHER,p 0SA2Rr .w 1.w AU 13 TAF 0 STATE OF IDARO ) ss County of Ada ) Notary Publict Residing at My Commission On this J 9 4 day ofL ) p a ems, r a�, J 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Derick O'Neill, known or identified to me to be a manager of the limited liability company of who subscribed said name to the foregoing instrument, and acknowledged to me that he executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �.•• .� 1i. >,� Notary Public r daho !�' ♦ Residing at: _ v �0TAO Commission Expires: w� pbsl.tC OF TO REPAIR AND REIMBURSEMENT AGREEMENT - 8 Repair and Reimbursement Agreement btw Meridian and Treehaven LLC.FINAL.9-28-10.DOC [7690-15] STATE OF IDAHO ) ) ss County of Ada ) On this D% day of�2010, before me, the undersigned, a Notur�r}�C7�� P�u(b'pl[i�c ' and for said State, personally appeared TAMMY DE WEERD and W" I T T A�St�i'�' t - ^"�� known to me to be The Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •9080. 4-1 �A .01GQ1�r'•: 9 IN • P[1AL+ • '&eases Residing at: Commission Expires: REPAIR AND REIMBURSEMENT AGREEMENT - 9 Repair and Reimbursement Agreement btw Meridian and Treehaven LLC.FINAL.9-28-10.DOC [7690-15] EXHIBIT "A" Project Plans REPAIR AND REIMBURSEMENT AGREEMENT -10 EXHIBIT Repair and Reimbursement Agreement btw Meridian and Treehaven LLC.FINAL.9-28-10.DOC [7690-15] GIVEI&PSLEY LLP LAW OFFICES 601 W. Bannock Street PO Box 2720, Boise, Idaho 83701 TELEPHONE: 208 388.1 200 FACSIMILE: 208 3SB-1300 WEBSITE: www.gfvenspursleY.cOm L. Edward Miller Direct Dial: (208)WS-`12D9 E -Mail: edmillerfoivensourslev.00m HAND DELIVERED William L.M. Nary Meridian City Attorney 33 East Broadway Avenue Meridian, ID 83642 Gary G. /Ulan Steven J. Hipper Deborah E. Nelson Peter G. Barton Donald E. Knickrehm Kelsey J. Nunez Christopher J. Beeson Debora K Kristensen W. Hugh O'Riordan, LL.M. Clint R. Bolinder Anne C. Kunkel Angela M. Read Erik J. Bolinder Michael P. Lawrence Justin A. Steiner Jeremy C. Chou Franklin G. Lee Conley E. Ward William C. Cole David R. Lombardi Robert 8. White Michael C. Creamer Emily L. McClure Amber N. Dina Kenneth R. McClure RETIRED Elizabeth M. Donick Kelly Greene McConnell Kenneth L. Pursley Kristin Bjorkmen Dunn Cynthia A. Melillo James A McClure Thomas E. Dvorak Christopher H. Mayer Raymond D. Givens (1917-2006) Jeffrey C. Fereday L. Edward Miller Justin M. Fredin Patrick J. Miller Martin C. Hendrickson Judson B. Montgomery October 4, 2010 Re: TreeHaven Repair and Reimbursement Settlement Agreement Dear Bill: Only one original Repair and Reimbursement Settlement Agreement has been signed for the TreeHaven sanitary sewer system repair. I am delivering this original, executed document to you for safekeeping on our mutual behalf. I have retained a copy for my files. Per our earlier discussion and agreement, we inserted the number $325,000 in paragraph I(1) and have attached Exhibit A. Also attached is a preliminary draft of the Contract Documents for your review. Air Miller LEM/mb Enclosures cc: Doug Carnahan Pete O'Neill Derick O'Neill Barry Semple (all w/o encl.) 980673_1 CONTRACT DOCUMENTS FOR JAYKER SUBDIVISION — PHASE 1 SANITARY SEWER SYSTEM WARRANTY REPAIRS 2010 TABLE OF CONTENTS 1.0 BIDDING INFORMATION Invitation to Bid and Instructions to Bidders Bidder's Proposal Bid Schedule 2.0 CONTRACT FORMS Agreement Notice of Award Notice to Proceed Application for Payment 3.0 CONDITIONS OF THE CONTRACT Standard General Conditions of the Construction Contract Supplementary Conditions of the Contract for Construction 4.0 GENERAL REQUIREMENTS Special Provisions Summary of Work 5.0 APPENDIX City of Meridian — Items Requiring Correction CONSTRUCTION PLANS Construction Plans for Jayker Subdivision — Phase 1 Sanitary Sewer System Warranty Repairs included under separate cover CADOCUMENTS AND SEITINGSWBI\LOCAL SETTINGMTEMPORARY INTERNET FILESIOLKETTOC CONT DOC (4).DOC CONTRACT DOCUMENTS FOR JAYKER SUBDIVISION - PHASE 1 SANITARY SEWER SYSTEM WARRANTY REPAIRS 2010 TABLE OF CONTENTS 1.0 BIDDING INFORMATION Invitation to Bid and Instructions to Bidders Bidder's Proposal Bid Schedule 2.0 CONTRACT FORMS Agreement Notice of Award Notice to Proceed Application for Payment 3.0 CONDITIONS OF THE CONTRACT Standard General Conditions of the Construction Contract Supplementary Conditions of the Contract for Construction 4.0 GENERAL REQUIREMENTS Special Provisions Summary of Work 5.0 APPENDIX City of Meridian - Items Requiring Correction CONSTRUCTION PLANS Construction Plans for Jayker Subdivision - Phase 1 Sanitary Sewer System Warranty Repairs included under separate cover C:\DOCUMENTS AND SETTINGS\MBI\LOCAL SEITINGMTEMPORARY INTERNET FILESIOLKETI'OC CONT DOC (S).DOC JAYKER SUBDIVISION PHASE 1 TREEH"EN CONTRACT DOCUMENTS FOR SANITARY SEWER SYSTEM WARRANTY REPAIRS OCTOBER 2010 RIVERIDGE ENGINEERING " 2 COMPANY 3046 S. BOWN WAY, BOISE, IDAHO 83706 PH: (208) 344-1180 FAX: (208) 3441182 CADocuments and Settings\mbl\L.ocal Settings\Temporary Internet Files\OLKE7\ContDocCover (3).doc 1.0 BIDDING INFORMATION INVITATION TO BID AND INSTRUCTIONS TO BIDDERS JAYKER SUBDIVISION — PRASE 1 SANITARY SEWER SYSTEM WARRANTY REPAIRS Invitation to Bid Bidders experienced in the construction of roads, storm drainage and sanitary sewer improvements, and other utilities, are requested to provide bids for the Jayker Subdivision, Phase 1 Sanitary Sewer System Warranty Repairs to be performed within the City of Meridian, Ada County, Idaho. Sealed bids will be received until 12:00 p.m. local time on xxxxxxxxxxxx at the offices of RiveRidge Engineering Co. located at 3046 S. Bown Way, Boise, Idaho 83706. A private bid opening will be held thereafter. The bid package transmitted herewith consists of one copy each of • This Invitation to Bid and Instructions to Bidders; ■ Contract Documents for the repairs; Sheets C1.0, C5.4, C5.5, C5.6, C5.8 & C5.9 of the Record Drawings for the sanitary sewer improvements for Jayker Subdivision Phase 1, prepared by RiveRidge Engineering Co., dated November, 2008, modified to identify the specific Work areas. The bids will be evaluated on a total fixed price basis and the Contract will be awarded as a lump sum. The Contract will be awarded to the lowest responsible Bidder subject to approval by the City of Meridian. The successful Bidder shall be licensed as a public works contractor. The prices offered shall be valid throughout the completion of contract work without modification. A prebid conference will be held at 1:00 p.m. local time on xxxxxxxxxxxxxxxxx at the offices of RiveRidge Engineering Company located at 3046 S. Bown Way, Boise, Idaho 83706. It is anticipated that the Contract will be awarded by xxxxxxxxx, with the Notice to Proceed immediately following. Work may begin as soon as possible after the Notice to Proceed and the required bonds and insurance are implemented. All work is located within ACRD rights-of-way, however, and shall not begin until after obtaining the required permits, which shall be the responsibility of the successful bidder. All Work shall be completed with ninety (90) calendar days of the date of the Notice to Proceed. H. Instructions to Bidders GENERAL. This proposal is for work set forth in the attached specifications. 2. SPECIFICATIONS AND DOCUMENTS. Prospective bidders who intend to make a direct bid to the owner will be given without charge one copy of the specifications and documents. Additional copies of the Plans are available at the Bidder's expense. 3. PROPOSALS. The original and three copies of each proposal shall be prepared and submitted in accordance with these Instructions to Bidders. Proposals which are not prepared and submitted in accordance with these instructions will imply that the bidder does not intend to comply with all of the contract conditions and such proposals will be considered irregular. The Contractor shall submit the Proposal and shall complete the Bid Schedule. The Contract is a Lump Sum, Fixed Price Contract. If the prospective bidder declines to bid he shall return all copies of the documents and give written notice to the Owner at least ten days before proposals are due that he will not submit a bid. 3.1 Preparation Proposals shall be carefully prepared, based on all of the Contract Documents, using the proposal and bid schedule form included with the specifications and documents. Entries shall be typed or legibly written in black ink. All prices should be stated in words and figures except where the forms provide for figures only. The bidder shall acknowledge receipt of all addenda issued for the specifications and documents in the space provided in the proposal form. 3.2 Signatures. Each bidder shall sign the proposal with an authorized signature and shall give his full business address. The bidder's name stated on the proposal shall be the exact legal name of the firm. The names of all persons signing shall also be typed or printed below the signature. Proposals by partnerships shall be signed with the partnership name followed by the signature and designation of one of the general partners or other authorized representative. Proposals by a corporation shall be signed in the official corporate name of the corporation, followed by the signature and designation of the president, secretary, or other person authorized to bind the corporation. Satisfactory evidence of the authority of the officer signing in behalf of the corporation shall be famished. Bidding corporations shall designate the state in which they are incorporated and the address of their principal office. 3.3 Submittal. Proposals shall be submitted not later than the date and time stipulated in this invitation to the bidder as follows. The original and three copies to the Owner: Treehaven, LLC c/o RiveRidge Engineering Company 3046 S. Bown Way Boise, Idaho 83706 Attention: Barry S. Semple, P.E. Ph. (208) 344-1180 Fax (208) 344-1182 Email: bsemple@rvrdg.com A single proprietary interest shall not submit multiple proposals for the same Work even though the individual plroposals are submitted under different names. The Owner reserves the right to reject all proposals so submitted. 3.4 Withdrawal. Proposals may be withdrawn, altered, and resubmitted at any time before the time set for receiving the proposals. Proposals may not be withdrawn, altered, or resubmitted thereafter. 4. INFORMATION TO BE SUBMITTED WITH PROPOSAL. Each bidder shall submit with his proposal, unless otherwise stated herein, pertinent information concerning proposed organization, and proposed schedule. 4.1 Construction Schedule. Each bidder shall submit a schedule for construction of the improvements to meet the specified completion time of the Contract. The plan shall indicate the sequence of activities including the definition of the various areas which will be worked in parallel and first areas that the bidder intends to start. 4.2 Quality Control Pro am. Each bidder shall submit, with his proposal, a copy or written description of his quality control program. 5. LOCAL CONDITIONS. Each bidder shall visit the site of the Work or otherwise thoroughly inform himself of all conditions and factors which would affect the prosecution and completion of such Work, including, but not limited to weather, the arrangement and condition of existing or proposed structures affecting or which are affected by the proposed Work, the availability and cost of labor, water, materials and supplies; and facilities for transportation, handling, and storage of materials and equipment. It must be understood and agreed that all such factors have been properly investigated and considered in the preparation of every proposal submitted. No claims for financial adjustment or extension of time to any contract awarded for the Work will be permitted by the owner which are based on the lack of such prior information or its effect on the cost of the Work. 6. KNOWN SITE CONDITIONS THAT MAY AFFECT WORK. Site conditions relating to ground elevations, subsurface conditions and drainage may affect bidder's work It is anticipated that groundwater will be encountered at some level in the performance of the Work Existing infrastructure improvements may be impacted during the performance of the Work. Bidder is responsible for the means, manner, and method relating to site conditions and drainage. 7. INTERPRETATION AND ADDENDA. If any prospective bidder is in doubt as to the true meaning of any part of the proposed contract documents, he may submit to the Owner a written request for an interpretation. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by addendum transmitted to each party receiving a set of such documents. The Owner will not be responsible for any other explanations or interpretations of the proposed documents. Questions will be received by mail at the Engineer's office or by facsimile (208-344-1182) until 5:00 p.m. on xxxxxxxxxxxxxx. All questions will be answered in writing and distributed by facsimile to all Bidders. The Owner will endeavor to respond to all questions by the close of business on xxxxxxxxxxxxxx. It shall be the bidder's responsibility to advise the Owner, before the time specified for receipt of proposals, of conflicting requirements or omissions of information which require clarification. Those questions not resolved by addenda shall be listed in the space provided on the proposal form, together with statements of the basis upon which the proposal is made as affected by each question. Written questions may be directed to individual bidders by Owner to clarify their proposals and references provided by Bidders will be contacted for recommendations before a Contractor is selected. 8. BOND. A Bid Bond is not required. However, the successful Bidder, upon entering into the Agreement, will be required to fiunish a Performance Bond and a Payment Bond, each for not less than one hundred percent (1001/6) of the Contract Price, as adjusted by Change Order, in accordance with the Conditions of the Contract. The bonds shall name the City of Meridian as an additional insured. 9. PROPOSAL PRICING. This is a fixed price contract. Price proposals shall he submitted on the Bid Schedule Forms. All pricing and payment shall be in United States dollars. 10. TAXES, PERMITS. AND LICENSES. The bidder's attention is directed to the Contract Form and Conditions regarding taxes, permits, and licenses. Each bidder shall be responsible for determining the applicable taxes, permits, and licenses. If the bidder is in doubt as to whether or not a tax, permit, or license is applicable, he shall state in his proposal whether this item has been included in his bid price and the amount of the applicable tax, permit, or license in question. 11. TIME OF COMPLETION. Time is of the essence for completion of the Work. The proposal shall be based upon completion of the Work within ninety (90) calendar days of the date of the Notice to Proceed. It will be necessary for the bidder to satisfy the Owner of his ability to complete the Work within the stipulated time. The time for Substantial Completion shall only be extended by (i) acts of God, (ii) war, (iii) delays caused by the City of Meridian, or (iv) any request for extension of time approved with writing by the City of Meridian. In this connection, attention is called to the provisions in the Agreement relative to delays and extensions of time included with the Contract Documents. 14. ACCEPTANCE AND REJECTION OF PROPOSALS. The Owner reserves the right to reject any and all proposals, to waive irregularities and informalities in any proposal that is submitted, and to award the Contract to other than the low bidder. Bidders not selected for award will be notified by facsimile, followed up by mail, as soon as a Contractor has been selected. A selection will be made as soon as possible without compromising the selection process. Bidders are requested not to inquire regarding the status of the bid evaluation. All proposals shall become the property of the Owner. BIDDER'S PROPOSAL PROJECT IDENTIFICATION: Jayker Subdivision — Phase 1 — Sanitary Sewer System Warranty Repairs CONTRACT IDENTIFICATION AND NUMBER: 10011 THIS BID IS SUBMITTED TO OWNER: xxxxxxxxxxxxxxx CIO RiveRidge Engineering Co. ATTN: Barry Semple 3046 S. Bown Way Boise, ID 83706 PH: (208) 344-1180 Fax: (208) 344-1182 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within 7 days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: a) BIDDER has examined copies of all the Contract Documents and of the following addenda: Addendum Date: Number of Addendum: (receipt of all of which is hereby acknowledged) and also copies of the Advertisement or Invitation to Bid and the Instructions to Bidders; b) BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (Federal, State and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary; c) This Bid is genuine and not made in the interest of, or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER'S PROPOSAL BID -1 CADomwwu and SwdnpNmbllLocpl SN6n9B%Twnporpry Immnst R"OLKE7UNDPRO (3).doo BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNERS; and d) The BIDDER and all Subcontractors currently possess or will be able to obtain the appropriate Idaho CONTRACTOR'S LICENSE prior to execution of the Agreement. Idaho Contractors License No. 4. BID SCHEDULES 4.1 BIDDER shall complete the Work per the price established in the attached Bid Schedules. 4.2 Bids shall include sales and other applicable taxes or fees. 4.3 Quantities shown are estimates and subject to change during construction. BIDDER agrees to perform all work described in the Contract Documents at the Bid unit price. 5. BIDDER agrees that the: a► Work will be Substantially Complete and Complete on or before the dates or within the number of calendar days indicated in the Invitation to Bid. b) BIDDER agrees to and accepts the provisions of the Agreement as to Liquidated Damages in the event of failure to complete the Work by the date stipulated in the Invitation to Bid. 6. The following documents are attached to, and made a condition of, and incorporated by reference into this Bid if not attached. a) Bid Schedule. b) Construction Schedule. c) Quality Control Program 7. Communications concerning this Bid shall be addressed to: (Address and phone number of Bidder below) 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions, and as may be amended. BIDDER'S PROPOSAL BID -2 CADoanmm and Setdn9s%mb11Loea1 Senk*MTanpoary Nttamet FNMWLKE7%BIDM 131.dot If BIDDER is: A Corporation By (Corporation Name) (State of Incorporation) By (Name of Person Authorized to Sign) (Title) Phone No. (Corporate Sea[) If BIDDER is: A Joint Venture By (Name) (Address) By (Name) (Address) Phone No. (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) BIDDER'S PROPOSAL BID -3 C:1Downwft wo SeftgeUnblUmcal Sstbn0s1TWMWM InUmat FiM IOLKETBIDPRO (11Aoc If BIDDER is: A Partnership By (Firm Name) (General Partner) Business address Phone No. If BIDDER is: An Individual By (individual's Name) Doing business as Business address Phone No.: Attest (Secretary) Business address Phone No.: BIDDER'S PROPOSAL BID -4 C:1DoaxnsM wW S61bnq$Vnb1%L0oW SoUftWenpoary In rnet MWOLKEASIDPRO 131ADC - BID SCHEDULE JAYKER SUBDIVISION — PHASE 1 SANITARY SEWER SYSTEM WARRANTY REPAIRS Schedule of prices for construction Jayker Subdivision — Phase 1 Sanitary Sewer System Warranty Repairs, in accordance with the Contract Documents. All bidders shall complete this form. The total bid price of this Bid Schedule will be used for the determination of the lowest responsible, responsive Bidder, and will be evaluated as a factor in the award of the Contract. Item No. Description Measured Amount Unit 1. N. Lonicera Way, pipe sag L.S. $ (PRICE IN FIGURES) $ (PRICE IN WORDS) 2. N. Treehaven Way, pipe sag 3. 4. 5. $ (PRICE IN WORDS) N. Topaz Jewel Place, service tee (PRICE IN WORDS) N. Jayker Way, exposed/rolled gasket $ (PRICE IN WORDS) N. Moon Drummer Way L.S. $ (PRICE IN FIGURES) L.S. $ (PRICE IN FIGURES) L.S. $ (PRICE IN FIGURES) A. Lot 17, Block 2 service tee L.S. $ (PRICE IN FIGURES) $ (PRICE IN WORDS) B. Lot 16, Block 2 service tee L.S. $ (PRICE IN FIGURES) $ (PRICE IN WORDS) C. Lot 17, Block 8 service tee L.S. $ (PRICE IN FIGURES) $ (PRICE IN WORDS) BID SCHEDULE CADOCUMENTS AND SETTINGS%MMOCAL SETTINGSITEMPORARV INTERNET FILESIOLKETSID-SCN IUDOC D. Pipe damage L.S. $ (PRICE IN FIGURES) $ (PRICE IN WORDS) E. Pipe sag L.S. $ (PRICE IN FIGURES) $ (PRICE IN WORDS) 6. N. Sunset Maple Way, service tee L.S. $ (PRICE IN FIGURES) $ (PRICE IN WORDS) 7. W. Salix Drive, pipe grout L.S. $ (PRICE IN FIGURES) $ (PRICE IN WORDS) Total Bid Price L.S. $ (PRICE IN FIGURES) $ (PRICE IN WORDS) BID SCHEDULE CADOCUMENTS AND SETTINGSWSMOCAL SETTING&TEMPORARY INTERNET F&MOLKETSN7-SCN M.000 2.0 CONTRACT FORMS CADocuments and Settings\mbI\I.ocal Settings\Temporary Internet Files\0LKE7\ContDocCover (3).doc AGREEMENT THIS AGREEMENT, made this day of , 2010, by and between , hereinafter called "OWNER", and doing business as a , hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The CONTRACTOR will commence and complete the construction for Jayker Subdivision — Phase 1, Sanitary Sewer System Warranty Repairs, as set forth in the Plans and Specifications. 2. The CONTRACTOR will furnish all materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein. 3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within seven (7) calendar days after the date of the NOTICE TO PROCEED. 4. The CONTRACTOR agrees to perform all the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $ or as shown in Bid Schedule(s). 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) INVITATION TO BID AND INSTRUCTION TO BIDDERS (B) BIDDER'S PROPOSAL (C) BID SCHEDULE (D) AGREEMENT (E) NOTICE OF AWARD (F) NOTICE TO PROCEED (G) APPLICATION FOR PAYMENT (H) GENERAL REQUIREMENTS (1) STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (J) SUPPLEMENTAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION (J) CONSTRUCTION DRAWINGS - (Prepared by RiveRidge Engineering Company) (K) ADDENDA: No. No. No. (L) CONTRACTORS PROJECT SCHEDULE 6. The OWNER will pay to the CONTRACTOR in the manner and at such time as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Contractor acknowledges and agrees that the City of Meridian is a third party beneficiary of this Agreement. To (OWNER) Contract For OWNER'S Contract No. APPLICATION FOR PAYMENT NO. For Work Accomplished Through The Date Of Bid Schedule Work Completed Preceding Pay Application No. Work Completed this Payment Period Total Work Completed To Date Change Order(s) Total(s) Gross Payment Amount Due $ Payment Calculation: Less 14% Retainage $ Retainage Reimb $ Payment Amount Due to Date $ Less Previous Payments $ • Payment Amount Due Contractor This Application $ Q 1. Detailed Schedule of Values for Bid Items 2. Description of Other Retainage (if Necessary) 3. Change Order(s) No. (if Appropriate) 4. Other: CONTRACTOR'S Certification: The undersigned CONTRACTOR certified that: (1) all previous payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered _ through _ inclusive; (2) title to all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by the Application for Payment will pass to OWNER at the time of payment fi-ee and clear of all liens, claims, security interest and encumbrances (except such as are covered by Bond acceptable to Owner indemnifying OWNER against such lien, claim, security interest or encumbrance); and (3) all WORK covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents. RiveRidge Enstineering Company ENGINEER CONTRACTOR By Dated .2010. By Dated , 2010 (Authorized Signature) (Authorized Signature) Payment of the Above AMOUNT DUE THIS APPLICATION is recommended. Dated . 2010 By (Authorized Signature) CADoeummu rod Settwp\mb1\LoW Stamp\Tcmpornry Internet Fi e&\OLKE7Upplica ion for Payment (3).doc SUPPLEMENTARY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION This document supplements, modifies, changes, and adds to the GENERAL CONDrrioNS OF THE CONTRACT FOR CONSTRUCTION, EJCDC Document No. C-700 (2002 Edition) for the Project entitled JAYKER SUBDIVISION — PHASE 1 SANITARY SEWER SYSTEM WARRANTY REPAIRS. The Articles and Paragraphs set forth in these Supplementary Conditions correspond to the Articles and Paragraphs in the General Conditions. Where any Article, Paragraph, Subparagraph or Clause of the General Conditions is modified or deleted by these Supplementary Conditions, the unaltered provisions of the Article, Paragraph, Subparagraph or Clause remain in effect. ARTICLE 1 DEFINITIONS AND TERMINOLOGY 1.04.A.19. The ENGINEER is RiveRidge Engineering Company and it's subcontractors. ARTICLE 5 BONDS AND INSURANCE 5.01 Performance, Payment and Other Bonds Add D. This insurance requirement does not limit or qualify the liabilities and obligations assumed by the CONTRACTOR under the Contracts. 5.04 Contractor's Liability Insurance B.I. Insert on line 4 following the word Owner, "the City of Meridian". Add B.8. The following limits shall apply: a. Automobile Liability: Combined Single Limit $1,000,000 (per accident or occurrence) b. Commercial General Liability a) General Aggregate $2,000,000 b) Bodily Injury and Property $1,000,000 Damage (per occurrence) C) Personal and Advertising $1,000,000 Injury (per occurrence) d) Fire Legal Liability (per fire) $300,000 e) Medical (any one person) $10,000 C. CONTRACTOR shall have an Equipment Policy with limits adequate to protect the OWNER. ARTICLE 6 CONTRACTOR'S RESPONSIBILITIES 6.13 Safety and Protection A.3. Insert on line 3 following word utilities, "site observation wells". 6.19 CONTRACTORSs General Warranty and Guarantee D. CONTRACTOR warrants that it is financially solvent, able to pay its debts as they mature, and possessed of sufficient working capital to complete this Contract; that it is able to fiunish the plant, tools, materials, supplies, equipment and labor, and is experienced in and competent to perform the Work contemplated by this Contract, and that it is qualified to do the Work herein and is authorized to do business in the State of Idaho. E. CONTRACTOR warrants that it holds all licenses, permits and other special licenses to perform the services included in this Contract, as required by law, or employs or works under the general supervision of the holder of such licenses, permits or special licenses. F. CONTRACTOR warrants that the Equipment will be new and of first-rate quality, that all Work shall be performed in a good workmanlike manner and that the Work will conform to the Contract Documents and will be free from defects in title, material and workmanship. If a failure to meet the foregoing warranties appears within one (1) year from the Actual Date of Final Completion ("Warranty Period"), CONTRACTOR shall correct such defect as provided in Paragraph G. The Warranty Period shall commence upon the Actual Date of Final Completion. G. The warranties and guarantees set forth herein are conditioned upon OWNER's proper use and maintenance of the Facilities. H. Within five days after notice thereof by OWNER, CONTRACTOR shall commence with diligence to (i) re -execute any parts of the Work that fail to conform with the requirements of this Contract that appear in the progress of the Work; (ii) remedy any defects which appear within a period of one (1) year from Final Completion for patent or latent defects, or within such longer period of time as may be set forth in the Drawings and Specifications or other Contract Documents; (iii) replace, repair or restore any parts of the Projects or other items placed therein (whether by OWNER or any other party) that are injured or damaged by any such parts of the Work that do not conform to the requirements of this Contract or defects in the Work; and (iv) replace, repair or restore any fixtures, Equipment or other items constituting part of the Work in which there appears a defect within one (1) year from Final Completion. The provisions of this Article apply to Work done by subcontractors of CONTRACTOR as well as Work done directly by employees of CONTRACTOR. The cost to CONTRACTOR of performing any of its obligations under this Article shall not be included in the cost of the Work and CONTRACTOR shall bear all extra costs such as additional design services related to such corrective work I. The one (1) -year warranty period for any item of defective work shall recommence upon completion of remedies under this Article until year of satisfactory service, with no warranty work required, is achieved. J. All warranty work shall be at no cost to OWNER. If, however, OWNER and CONTRACTOR deem it inexpedient to require the correction of Work damaged or not done in accordance with the Contract Documents, an equitable deduction from the Contract Sum shall be made by agreement between CONTRACTOR and OWNER. Until such settlement, OWNER may withhold such sums as OWNER deems just and reasonable from monies, if any, due CONTRACTOR K. CONTRACTOR's express warranty herein shall be in addition to, and not in lieu of, any other remedies OWNER may have under this Contract, at law, or in equity for defective Work. 6.20 Indemnification A. Insert on line two following the word shall: "have the duty to defend," ARTICLE 14 PAYMENTS TO CONTRACTOR AND COMPLETION 14.02 Progress Payments A. Applications for Payments 1. Substitute 30 days for 20 days on the first line. 4. Progress payments shall be made on the 15th of the month following the submittal of an Application for Payment by the CONTRACTOR. ARTICLE 16 DISPUTE RESOLUTION Delete the paragraph and replace with the following. 16.01. Mediation A. OWNER and CONTRACTOR agree to mediate all claims and disputes prior to litigation or arbitration. Failure to submit a claim or dispute to mediation will constitute failure of a condition precedent and be a bar to litigation or arbitration. B. The OWNER and CONTRACTOR shall each nominate one person who will jointly nominate a Mediator. Those nominated for mediator shall be local to the area if at all possible. 16.02. Dispute Resolution Services A. The services to be performed by the Mediator, depending upon the nature of the dispute, shall generally include (i) identification, receipt and organization of relevant documentation; (ii) preliminary issue identification, review and evaluation; (iii) interviews with Project personnel and other necessary individuals who are knowledgeable about the problem and issues in dispute; (iv) joint meetings with theOWNERand CONTRACTOR to present key issues; (v) additional document acquisition, interviews, preliminary issue evaluation; (vi) meeting with the OWNER and CONTRACTOR to present a draft report of the Mediator's assessment of the dispute including a range of recoverable damages; (vii) review of submissions of clarifications and rebuttal from the parties in preparation of a final report; and (viii) meeting with the parties for presentation of the Mediator's final report and for one or more settlement conferences. 16.03. Informal Resolution A. During the time any dispute is pending, the Mediator may meet informally with any party in an effort to achieve agreement on any aspect of the dispute. 16.04. Final Report A. As part of the evaluation performed by the Mediator in connection with any dispute, the Mediator will issue a final written report within five business days after referral of the dispute to the Mediator by any party, including guidance to the parties on measures that could be successful in eliminating similar disputes from occurring in the future. 16.05. Compensation A. The OWNER and CONTRACTOR shall jointly compensate the Mediator equally. 16.06. Resolution of Claims and Disputes — Litigation or Arbitration A. If the dispute cannot be resolved pursuant to Paragraph 16.05, then the dispute shall be decided as follows: (a) unless elected by OWNER, by a court of competent jurisdiction located in Ada County; (b) if elected by the OWNER, at the OWNER's sole discretion, by arbitration pursuant to the rules of the American Arbitration Association. The CONTRACTOR consents to joinder to any arbitration involving the OWNER and ENGINEER. 16.07. Attorney Fees A. In the event a party to the Contract Documents brings any action or suit against another party to the Contract Documents by reason of any breach of any of the covenants, agreements, or provisions on the part of the other party arising out of the Contract Documents, then in that event the prevailing party shall be entitled to have and recover from the other party all costs and expenses of the action or suit, including actual attorney fees, at trial and on appeal. A party shall be deemed a prevailing party only if it prevails on the main issue in the action or suit and only if it prevails substantially to the extent of its original contention. ARTICLE 17 MISCELLANEOUS 17.07 Relationship of Parties Nothing contained in the Contract Documents shall be construed as creating a joint venture, partnership or agency relationship between the parties. 17.08 Drugs and Alcohol CONTRACTOR shall not permit, condone, or tolerate the use of alcohol or any illegal drugs or other controlled substances on the Project site during working hours, including break or meal periods. CONTRACTOR shall maintain a work environment free of the effects of drug use (legal or illegal), alcohol consumption, or other substances that adversely impact the mind or body. The use, sale, presence or possession of illegal drugs while on the Project site is a serious offense and CONTRACTOR shall immediately remove the personnel involved from the Project site, terminate their further participation in the Project, and comply with all federal, state and local laws and regulations pertaining to the incident. 17.09 Burning CONTRACTOR acknowledges its recognition of the dangers of uncontrolled fire on the Project site, and shall not permit the burning of any materials on site without written permission of the OWNER. 17.10 Site Cleanliness During the performance of its Services on the Project site, CONTRACTOR shall collect all waste materials, rubbish or debris generated by its activities in appropriate containers and remove them from the site at the end of each day. 17.11 Site Safety CONTRACTOR shall comply with applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. CONTRACTOR shall initiate, maintain and supervise safety precautions and programs in connection with the performance of its Services. Vehicles shall be operated and maintained in a safe condition. Equipment shall only be operated by properly trained personnel. Excavations shall not be left open overnight without proper barricades and satisfactory warning devices. 4.0 GENERAL REQUIREMENTS CADlocuments and Settings\mbI\Local Settingffemporary Internet Files\OLKE7\Geneml Requirements index Cover (3).doc SPECIAL PROVISIONS 1. COORDINATION OF PLANS, SPECIFICATION AND SPECIAL PROVISIONS: These Contract Documents and Specifications, Plans and all supplementary documents are essential parts of the Contract, and a requirement in one is binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete Work or Project. In case of discrepancy, calculated dimensions will govern over scaled dimensions; Supplementary Conditions shall govern over General Conditions and cited standards/circulars/testing; Plans shall govern over Technical Specifications, General Conditions and cited standards/circulars/testing; Technical Specifications shall govern over General Conditions and cited standards/circulars/testing; General Conditions shall govern over cited standards/circulars/testing. If there is a conflict in requirements between the general notes and details on the Plans, the requirement of the detail on the Plans shall prevail. For any discrepancies not covered by the foregoing the order of precedence shall be: * Change Orders * Addenda * Plans * Specifications * Supplementary Conditions * General Conditions * Agreement * Invitation to Bid/Instructions to Bidders The Contractor shall take no advantage of any apparent error or omission in the Plans or other Contract Documents. In the event that the Contractor discovers such an error or omission, he shall immediately notify the Owner. The Owner will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the Plans and other Contract Documents. 2. REFERENCED SPECIFICATIONS: All construction within the public rights-of-way shall be performed in accordance with the latest adopted edition of the Idaho Standards for Public Works Construction (ISPWC), the ACHD Supplemental Specifications and the City of Meridian Standard Specifications and Drawings. In the event of a conflict with these technical specifications, or other referenced documents, the more stringent criteria shall apply. 3. STANDARD GENERAL CONDITIONS The Standard General Conditions of the con Conditions contained (ISPWC), latest Edition, SPECIAL PROVISIONS Conditions of the construction contract and Supplemental tract for construction, attached, shall supersede any General within the Idaho Standards for Public Works Construction Division 100. 4. DAMAGE Damage to any area or item outside of the construction limits of this project shall be promptly repaired by the Contractor at no additional cost to the Owner. 5. PROJECT MAINTENANCE The Contractor shall be responsible for project maintenance throughout the life of the contract. This responsibility includes, but is not limited to, dust control, maintenance of all intersecting street approaches, access for emergency equipment, proper and adequate drainage and erosion, and sediment control. The cost of all maintenance work shall be considered incidental to other project work and no separate payment shall be made. 6. COORDINATION It shall be the Contractor's responsibility to contact and work with the Owner's onsite representative, the City of Meridian, United Water, Utility Companies, Ada County Highway District and any other parties as necessary to coordinate and carry out the work. 7. UTILITY LOCATIONS Horizontal and vertical locations of utilities shown on the plans are based on information provided by others and are to be considered approximate and should be used for reference purposes only. No guarantee is made or implied that all existing utilities are shown. It shall be the Contractor's responsibility to contact all utility companies and to verify the size, type, and location of all existing utilities prior to starting any work. The Contractor shall be responsible for coordination efforts with all utility companies for relocating or repairing those utilities that are affected by project construction. The Contractor shall immediately repair or coordinate repair efforts on any utility that is damaged as a result of construction at no additional cost to the Owner. 8. PERMITS Contractor shall be responsible for preparing necessary Traffic Control Plans, submitting to ACHD for approval, and obtaining Construction Permits for work within public rights- of-way. 9. CONSTRUCTION WATER Contractor shall be responsible for securing construction water for the project. Cost for supplying construction water shall be included in individual bid items and no separate payment shall be made. E SPECIAL PROVISIONS CaA100111WPFUS%Cona1 CWVa" DOWSP M F%M"u SUMMARY OF WORK 1. PROJECT DESCRIPTION This project includes the repair of the existing sanitary sewer system deficiencies identified by the City of Meridian Public Works Department warranty inspection within the existing Phase 1 of Jayker Subdivision. All work to be performed is within existing Ada County Highway District rights-of-way. The project is located north of Chinden Boulevard (State Highway 20-26) and between 10 Mile Road and Black Cat Road. 2. PROJECT SCHEDULE Time is of the essence for completion of the Work under this Contract. Work shall begin as soon as possible following issuance of the Notice to Proceed and shall be Substantially Complete within ninety (90) days of the date of the Notice to Proceed. The time for Substantial Completion shall only be extended by (i) acts of God, (ii) war, (iii) delays caused by the City of Meridian, or (iv) any request for extension of time approved with writing by the City of Meridian. 3. WORK COVERED BY CONTRACT DOCUMENTS The Work under this Contract shall consist of furnishing all tools, equipment, materials, and supplies and furnishing all labor, transportation, and services, including fuel, power, water, and essential communications, and performing all Work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract. It is anticipated that groundwater will be encountered at some level in the performance of the Work. The Work shall be complete, and all Work materials and services not expressly indicated or called for in the Contract which may be necessary for the complete and proper construction of the Work, in good faith, shall be provided by the Contractor as though originally so indicated, at no increase in cost to the Owner. Work includes: The repair of sanitary sewer system deficiencies identified by the City of Meridian Public Works Department warranty inspection and included on the "Jayker Subdivision CCN Report, Item Requiring Correction", dated August 20, 2010, attached as an Appendix. The final item requiring recleaning of the sewer in N. Sienna Glen Way/W. Salix Drive has been deleted. The repair and rehabilitation of any existing improvements, including, but not limited to, domestic water, pressure irrigation, storm drainage, curb and gutter, sidewalk, landscaping and pavement that may be impacted by the performance of the Work. Installation and maintenance of erosion control Best Management Practices (BMPs). All surveying as necessary for the construction of all work specified and for the maintenance of records required to develop as -constructed records. SUMMARY OF WORK Au C1Doomenb and SemVWmb1UAcW SeftggTenvorry Intmw RmIOLKEASummery of Work (3).doe (*. 4. WORK LOCATIONS The description of the locations of the deficiencies presented in the City punchlist reference a manhole numbering system that is inconsistent with the Construction Plans. The following is a description of the locations based on the Construction Plans. 1. N. Lonicera Way - A 5.3 foot sag, 84.2 feet downstream from SSMH 913. 2. N. Treehaven Way - An 8.5 foot sag, 2 feet upstream from SSMH 304. 3. N. Topaz Jewel Place - A cracked service tee (lot 5, block 2), 84.9 feet downstream from SSMH 601. 4. N. Jayker Way - An exposed/rolled gasket, 31.2 feet upstream from SSMH 908. 5. N. Moon Drummer Way A. A deformed service tee (Lot 17, Block 2), 16.5 feet downstream from SSMH 904. B. A cracked service tee (Lot 16, Block 2), 120.9 feet downstream from SSMH 904. C. A cracked service tee (Lot 17, Block 8), 143.7 feet downstream from SSMH 904. D. Damaged pipe in the flow line 80 feet downstream from SSMH 902. E. A 7.1 foot sag, 87.2 feet downstream from SSMH 902. 6. N. Sun Maple Way - A belled -over service tee (Lot 21, Block 11), 106.7 feet upstream from SSMH 2001. 7. W. Salix Drive - Grout the top of pipe inside SSMH 1912. 5. HOURS OF OPERATION The Contractor shall limit his work activities to Monday through Friday between the hours of 7:00 AM and 7:00 PM, local time, and Saturdays 8:00 AM to 5:00 PM, local time. No work shall be permitted on Sundays or National holidays except for emergency purposes or for inspection or maintenance of erosion and sediment control BMP's. 7. CONTRACTOR WORK/STORAGE AREA All work to be performed is within existing Ada County Highway District rights-of-way. The Contractor is responsible for obtaining any and all permits required for the performance of the work and shall limit the extent of the repair area to the greatest extent possible. SUMMARY OF WORK 2 C:1Docu M w end SeWnYs4nblWoeal Setdnp %Temporuy lntwnet FAWNOLKETSumsep of Work 131.due 5.0 APPENDIX C:\Mcuments and Settinp\mbl\l oval Settings\Temporary Internet Files\OLKE7\Appendix index Cover (3).doc 08/20/2010 Jayker Subdivision CCTV Report Items Requiring Correction: N. Lonicera Way. Starting at manhole J8-129 at 84.2 feet, for a distance of 5.3 feet, there appears to be a sag in the sanitary sewer pipe that needs to be excavated and addressed. ➢ N. Tree Haven Way. Starting at manhole J8-85 at 2 feet, for a distance of 8.5 feet, there appears to be a sag in the sanitary sewer pipe that needs to be excavated and addressed. N. Topaz Jewel Place. Starting at manhole J8-74 at 84.9 feet there appears to be a cracked tee in the sanitary sewer system that needs to be excavated and replaced. �o N. Jaykers Way. Starting at manhole J8-99 at 31.2 feet there is an exposed/rolled gasket that needs to be excavated and replaced. N. Moon Drummer Way. Starting at manhole J8-106 at 16.5 feet there appears to be a deformed tee on the sanitary sewer system that needs to be excavated and replaced. Starting at manhole J8-106 at 120.9 feet there appears to be a cracked service tee on the sanitary sewer system that needs to be excavated and replaced. Starting at manhole J8-106 at 143.7 feet there appears to be a cracked service tee on the sanitary sewer system that needs to be excavated and replaced. ➢ N. Moon Drummer Way. Starting at manhole J8-110 at 80 feet there appears to be a damaged pipe in the flow line that needs to be excavated and replaced. Starting at manhole J8-110 at 87.2 feet, for a distance of 7.1 feet, there appears to be a sag in the sanitary sewer pipe that needs to be excavated and addressed. Jayker Sewer Report — Estate Section ➢ N. Sun Maple Way. Between manhole J8-04 and J8-05 at 106.7' the sewer service tee on the main to 7074 N. Sunset Maple Way has been over belled at the service tee. Please excavate and replace ➢ W. Salix Dr. At manhole, J8-09 the top of the pipe inside the manhole needs to be grouted. Glenn WayAV. Salim —Dr. Between manhole j8 14 and manhole j8 15 ( This item deleted by City of Meridian Public Works — 9-17-10) This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controllina Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT - Prepared by ENGINEERS JOINT CONTRACT DOCUME M CONMffrTEE and Issued and Published Jointly By AC E C National Soolew of SOMY Professional Engineers "aim �uo.Mo�.ae ftffftsftwwL ftvh it 01 ASCEof CIPI�EII AI'Bli PROFESSIONAL ENG]NEERS IN PRIVATE PRACTICE a practice d vtslon of the NATIONAL SOCIE17Y OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVII. ENOREM This document has been approved and endorsed by The Associated General Contractors of America mar«a�a a V "Maa ► construction Specifications Institute EJCDC C-700 Standard General Condit as of the ConshmWas Contract. Copyright O 2002 National Society of Professional En&een for EJCDC. AR riehb nsw"& 90M-1 Copyright 02002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 101515th street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 These Oral Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Cousbuction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, we Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). EJCDC 0-700 Standard General Coodidew of the Con:hacdon Ceotraa Ce"rl& O 2002 National S mt* of PWessiomt Ba0mrs for BJCDC. AN rights reserved. 06M-2 TABLE OF CONTENTS bu AR'T'ICLE 1- DEFINITIONS AND TERNMOLOGY............................................................................................................. 6 1.01 Defined Terms......................................................................................................................................................... 6 1.02 Terminology............................................................................................................................................................ 8 ARTICLE2 - PRELIIv1INARY MATTERS............................................................................................................................... 9 2.01 Delivery of Bonds and Evidence oflnsurance......................................................................................................... 9 2.02 Copies ofDocwnents............................................................................................................................................... 9 2.03 Commencement of Contract Tema, Notice to Proceed........................................................................................... 9 2.04 Starting the Work..................................................................................................................................................... 9 2.05 Before Starting Construction................................................................................................................................... 9 2.06 Preconstruction Werence.................................................................................................................................... 9 2.07 Initial Acceptance of,Schedules............................................................................................................................. 9 ARTICLE 3 - CONTRACT DOCUMENTS: MENT, AMENDING, REUSE......................................................................10 3.01 Intent.......................................................................................».............................................................................10 3.02 Reference Standards..............................................................................................................................................10 3.03 Reporting and Resolving Discrepancies...............................................................................................................10 3.04 Amending and Supplementing Contract Documents...................................................................................:.........11 3.05 Reuse of Documents..............................................................................................................................................11 3.06 Electronic Data .....................................................................................................................................................11 ARTICLE 4 - AVAILABILITY OF LAND; SUBSURFACEAND PHYSICAL CONDITIONS; HAZARDOUS - ENVIRONIvTENTAL CONDITIONS; REFERENCE POINTS...............................................................................................11 4.01 Availability ofLands..................................:..........................................................................................................11 :...................................................................................................12 4.02 Subsurface and physical Conditions................. 4.03 DjOrwing Subsurface or Physical Conditions................................................................................:.......................12 4.04 Underground Facilities.........................................................................................................................................13 4.05 Reference Points................................................................................................................................................13 4.06 Hazardous Environmental ..l Condition at Site..........................:..............................................................................13 ARTICLE5 - BONDS AND INSURANCE.............................................................................................................................14 5.01 Performance, Payment, and Odur Bonds ......................................................»................»..................................14 5.02 Licensed Sureties and Insurers..............................................................................................................................15 5.03 CaWficates ofInsurance..................................................................................................................................15 5.04 Contractor's Liability Insurance................................................................................................................. ......15 5.05 Owner's Liability Insurance ..................................................................................................................................16 5.06 Property Insurance 5.07 Wa�erofRightse...................................................................................................................................17 5.08 Receipt and Application of Insurance Proceeds..........................................................:.........................................17 5.09 Acceptance of Bonds and Inswwwe, Option to Replace......................................................................................17 5.10 Partial Utilization, Acknowledgment of Property Insurer.....................................................................................18 ARTICLE6 - CONTRACTOR'S RESPONSIBRH ES............................................................:............................................18 .6.01 Supervision and Superintendence.........................................................................:................................................18 6.02 Labor, Wonting Hours........................................................................................................... ............................18 6.03 Services, Materials, and Eqi*ment......................................................................................................................18 6.04 Progress Schedule.................................................................................................................................................18 6.05 Substitutes and"Or-Equals.. ................................................................................................................................19 6.06 Concerning Subcontractors, Suppliers, and Others..............................................................................................20 6.07 Patent Fees and Royalties..................................................................................................................................... 21 6.08 Permits................................................................................................................................................................. 21 6.09 Laws and Regulations.................................................................................................................................. .... 21 6.10 Taxes......................................................................................................................................................................22 6.11 Use of Site and Other Areas................................................................................................................................. 22 6.12 Record Documents................................................................................................................................................ 22 6.13 Safety and Protection............................................................................................................................................ 22 6.14 Safety Representative............................................................................................................................................ 23 6.15 Hazard Communication Programs ........................................................................................................................ 23 EJCDC C-700 Standard Gwwg Condkiew of the Constmcdon Conhrad. Copyright O 2002 Nadond Soddy of Profoulond Engineers for EJCDC. AN rl&b reu rved. 00700 - 3 6.16 Emergencies.......................................................................................................................................................... 23 6.17 Shop Drawings and Samples................................................................................................................................. 23 6.18 Continuing the Work............................................................................................................................................ 24 6.19 Contractor's General Warranty and Guarantee................................................................................................... 24 6.20 Indemnij%ation...................................................................................................................................................... 24 6.21 Delegation ofProfessional Design Services.......................................................................................................... 25 ARTICLE7 - OTHER WORK AT THE SITE......................................................................................................................... 25 7.01 Related Work at Site.............................................................................................................................................. 25 7.02 Coordination.........................................................................................................................................................26 7.03 Legal Relationships.............................................................................................................................................. 26 ARTICLE8 - OWNER'S RESPONSIBILITIES......................................................................................................................26 8.01 Communications to Contractor............................................................................................................................. 26 8.02 Replacement of Engineer ....................................................................................................................................... 26 8.03 Furnish Data......................................................................................................................................................... 26 8.04 Pay When Due....................................................................................................................................................... 26 . 8.05 Lands and Easements, Reports and Tests............................................................................................................. 26 8.06 Insurance ............................................................................................................................................................... 26 8.07 Change Orders...................................................................................................................................................... 26 .8.08 Inspections, Tests, and Approvals........................................................................................................................ 26 8.09 Limitations on Owner's Responsibilities..................................»........................................................................... 27 8.10 Undlsclosed Hazardous Environmental Condition............................................................................................... 27 .8.11 Evidence of Financial Arrangements............................................................................:....................................... 27 ARTICLE 9 - ENGINEWS STATUS DURING CONSTRUCTION .................................................................................... 27 9.01 Owner's Representative.................................................................................................................................... 27 9.02 Visits to Site........................................................................................................................................................... 27 9.03 Project Representative........................................................................................................................................ 27 9.04 Authorized Variations in Work ......................... ...:...... :..... ....... .......................................... :......................... ......... 27 9.05 Rejecting Defective Work......................................................................................................................................27 9.06 Shop Drawings, Change Orders and Payments..................................»................................................................ 28 9.07 Determinations for Unit Price Work................................................................................................................:.... 28 .9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ..........:........................................ 28 ..9.09 Limitations on Engineer's Authority and Responsibilities ................................................................................ 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS .......................... :......... :...................................................................... 28 10.01 Authorized Changes In the Work........................................................................................................................... 28 10.02 Unauthorized Changes in the Work................................................................:.............................a....................... 29 10.03 Execution of Change Orders.................................................................................:............................................... 29 10.04 N64 tcation to Surety.....................................:....................................................................................................... 29 10.05 Claims........................................................ ..............................................................................................29 . ..... .. ..... . ARTICLE 11- COST OF THE WORB.; ALLOWANCES; UNIT PRICE WORK................................................................. 30 11.01 Cost of -the Work..................................................................:................................................................................ 30 11.02 Allowances............................................................................................................................................................ 31 11.03 Unit Price Work.............................................................................................................................................. 3.1 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .................................................... 32 12.01 Change of Contract Price...................................................................................................................................... 32 12.02 Change of Contract 7bnes................................................................................................................................ 33 12.03 Delays....................................................................................................................................................................33 ARTICLE 13 - TESTS AND .INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK...... 33 13.01 Notice ofDefects................................................................................................................................................... 33 13.02 Access to Work...................................................................................................................................................... 33 13.03 Tests and Inspections................................................................................................................. . ....................... 33 13.04 Uncovering Work................................................................................................................................................. 34 13.05 Owner May Stop the Work.................................................................................................................................... 34 13.06 Correction or Removal ofDefectfve Work............................................................................................................34 13.07 Correction Period.................................................................................................................................................. 34 13.08 Acceptance ofD4fective Work............................................................................................................................... 35 13.09 Owner May Correct Defective Work................................................................................................................... 35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION.............................................................................. 36 14.01 Schedule of Values................................................................................................................................................. 36 14.02 Progress Payments................................................................................................................................................36 14.03 Contractor's Warranty of 2-ale............................................................................................................................... 37 14.04 Substantial Completion ........................ ............................................................................................ 37 F.JCDC 0-700 Standard General Conditions of the Constraetloa Contract. Copyright O 2002 National Society of Profeafonat Zo&e rs for EM)C. All rights reserved. 00700 - 4 14.05 Partial Utilization ..................................................................... .............................................................................38 14.06 Final Inspection .....................................................................................................................................................38 14.07 Final Payment................................................................................................................................................... 14.08 Final Completion Delayed.................................................................................................................................... 14.09 Waiver of Claims..................................................................................................................... SUSPENSION OF WORK AND TERMINATION....................................................................................... 39 39 39 ARTICLE 15 - 15.01 Owner May Suspend Work....................................................................................................................................39 15.02 Owner May Terminate for Cause.......................................................................................................................... 39 15.03 Owner May Terminate For Convenience.............................................................................................................. 40 15.04 Comractor May Stop Work or Terminate.............................................................................................................. 40 ARTICLE16 - DISPUTE RESOLUTION........................................................................................................................... 41 16.01 Methods and Procedures....................................................................................................................................... 41 ARTICIE 17 - MISCELLANEOUS......................................................................................................................................... 41 17.01 Giving Notice......................................................................................................................................................... 41 17.02 Computation of Times........................................................................................................................................... 41 17.03 Cumulative Remedies............................................................................................................................................ 41 17.04 Survival of Obligations .......................................................................................................................................... 41 17.05 Controlling Law.................................................................................................................................................... 41 17.06 Headings................................................................................:.......................................41 VJCDC C-700 Shads" Gen" Coaditlons of the Coastruetlon Contraet. Copyright © 2002 National Society of Profeaional Bagbmws for EJCDC. AN rights reserved. 00700.5 GENERAL CONDITIONS ARTICLE 1- DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both .the singular and phual thereof In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the work 3. Application for Payment The form. acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract . Documents. 4. Asbastar—Any material that contains more than one percent asbestos and a friable' or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bich -The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be perkemed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents The Bidding Requirements and the proposed Contract Documents (inchrding all Addenda). 8. Bidding Requirements—The Advertisement or Imitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contact—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents— Those items so designated in the Agreement. Only printed of hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Cotrtract Price --The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract 7bnes—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ir) achieve Substantial Completion; and (Q com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recornmertdation of final payment. 15. Conbuctor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01.A for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, wrtent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. EJCDC 0-700 Stud" Genwd Cendl M of the Coas medou COMM& Copyright 0 2002 N fiend Sodety of Piefealowl Knomm fir RJCDC. All rla6ts re w"& 00700 - 6 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the work. 23. Hazmdous Waste The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations, Laws or Regulations- -Any and all applicable laws, rales, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25: . Liens—Charges, security interests, -Or encumbrances upon Project funds, real property, or personal property. . . . 26. Mtlestone—A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Anand—The written notice by Owner to, the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therain, Owner will sign and deliver the Agreement 28. Notice to Proe�A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to ran and on which Contractor shall start to perform; the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerowne, and oil mixed with other non -Hazardous Waste and crude oils. 32. progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Wotk within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special uncle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to tim le. 36. Related Entity — An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident project Representative --The autho- rized representative of Engineer who may be assigned to the Site or any part thereof 38. Samples—Physical examples of mauxiais, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals --A schedule, prepared and mmutamed by Contractor, of required submittals and the time requiremaits to support schoduled performance of related construction activities. 40. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings—All drawings, diagrams, -Ahrstraums, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands fiunished by Owner which are designated for the use of Contractor. 43. SpecUkations—Tbat part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain IUCDC C-700 Standard Gmwd Cmdfflew of toe Constraetloa Ceutmet. Copyrk t O 2002 National Sodety of Profudend Bnglneen ror MCDC. AN rights reserved. 00700-7 admWshm ive requirements and procedural matters applicable thereto. 44. Subcontractor -An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to. Substantial Completion thelreo£ 46. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner maims an award. 47. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier—A manafaetnrer, fabricator, suppli: or, distrrbutor, maierialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any subcontractor. . 49. Und6Vvund Facilities—All underground pipelinm conduits; ducts, cables, wires, manholes, vaults., tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work --Work to be paid for on the basis of unit prices. 51. Work -The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and dommuntation necessary to produce such construction, and fim isbing, installing, and incorporating all materials and equipment into 'such construction, all as required by the Contract DocumentL but is evidence that the patties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or A4ecdves 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer In addition, the adjectives "reason_bW "suitable," "acceptable," "proper," " Is fiftettory,"for adjectives of h1w effect p" or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). Tho use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the mance of the Work or any duty or authority to undertalm responsibility contrary -to the provisions of Paragroph.9.09 vt any other provision of the Contract Documents, C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. F ►,,.. 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval refm ed to in the Contract Documents, 52. Work Change Dire dve -A written statement or to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by c. has been damaged prior to Engineer's - Engineer ordering an addition, deletion, or revision in the recommendation of final payment (unless Work, or responding to differing or unforeseen subsurface responsibility for the protection thereof has been or physical conditions under which the Work is to be assumed by Owner at Substantial Completion in performed or to emergencies. A Work Change Directive accordance with Paragraph 14.04 or 14.05). will not change the Contract Price or the Contract Times EdCDC 0-700 Standard General Cendlikus of the C:eashmcden Contract. Copyright O 2002 Nadomal Sodety of Prefedonal Sngbmn for 1rJCDC. M rights reserved. 00700-g E. Fwnish, Install, Perform, Provide 1. The word "RunisW' when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some otber specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perfurm," or "pro- vW is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the C0111cact 130011 - merits, words or phrases which have a well-known technical or construction indaatry or trade meaning are used in ft Conttact.Docunmits in accordance with such recognized Wig• ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of hUurance A. When Contractor delivers the executed com*qmu of the Amt to Owner, Contractor shall also deliver to Owner such bonds as Cen rector may be required to furnish B. Evidence of &mranee. Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insuance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to .purchase and maintain in accordance with Article 5. 2.02 Copies of Docwnents A. Owner shall furnish to Contractor up to ten printed or hard copiesof the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contrail Ibnes Notice to Proceed A. The Contract Times will commence to rim on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to ran later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to nm. 2.05 Before Starttag Consmrctlon A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Regnirementa), Contractor shall submit to Engineer for timely review. I. a preliminary Progress Schedule; indicating the times (mumbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and wbdi- vides the Work into component parte in sufficient detail to serve as. the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a confereece attended by Owner, Contractor, Engin:er, and other as appropriate will be to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance ofSchedules A. At least 10 days before submission of the first Application for Payment a conferenoe attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to mala: corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. XJCDC C,700 Standard General Condidew of the Constr icdoa Conrad. Copyrleht C 2002 Nobad Soddy of pmfesdond Knosees for EJCDC. AU rights reserved. 00700-9 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. . 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form. and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary, what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to descnbe.a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether ornot specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02. Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions egulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if them were no Bids), except as may be otherwise specifically stated m the Contract Documents. responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those act forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of; their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respom- ability inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall. promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor- may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. It; during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the perfomsamce of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph .6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable. to Owner or Fsuginea for failure to report any conflict, error, ambigu ity, or discrepancy im the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence m resolving any cou ict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, mamual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. No provision of any such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of the Work EJCDC 0-700 Standard General Conditions of tM Constrwfta Contrset. Copyright O 2002 Natiwd Soddy of ProfeuWW Zogbkom for SJCDC. AN d&b raerved. 00700 -10 (rmless such. an m proration of the provisions of the Contract Documents would -result in viola- don iolation of such Law or Regulation). 3.04 Amending and Supplementing Contract Docwments A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse ofDoceanents A. Contractor and any Subcontractor or Supplier .or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with _Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or beating the seal of Engineer. or Engineer's consultants, including electronic media editions; or 2. raise any of such Drawings,. Specifications, other documents, or copies thereof on extensions -of the "ad or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data fundshed by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files m electronic media format of text, data, graphics, or other types are fiunishod only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic Wes and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance teats or procedures.with in 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any eaora detected within the 60 - day aoceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long tam compatibility, usability, or readability of documeats resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability ofLands - A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrancoa or restrictions not of gonad application but specifically related to use of the Site with which Conbactor must comply in performing the work. Owner will obtain in a timely manner and lay for casements for permanent.: structures or permanent changes in existing facilities. If Contractor and Owner aro unable .to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's fiunishing the Site or a part thereof, Contractor may make a Claim. therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall farmah ContraeWr with a current statement of record legal title and legal description of the lands upon which the Work is to. be performed and Owner's interest .therein as necessary for giving notice of or filing a mochanies or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. ZJCDC C-700 Standard General Conditions of the ConsfMCGM Centrad, Copyright O 2002 National society of Prefoulond Engines for F.JCDC. All rights reserved. 00700 -11 4.02 Subsurface and Physical Conditions A. Reports and Drawings. The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditionsat or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Awhorized:.Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "iecbnieal data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engumm, or any of their Related Entities with rasped to: 1. the complctmess'.of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by ' Comrector, and safety precautions and programs incident thereto; or 2. other data, interptatations, opinions, and- -information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of our conclusion drawn from any "Winical data" or any such other data, interpretations, opinions, or information. 4.03 Differing or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either. 1. is of such a nature as to establish that any "technical daW on which Contractor is entided to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the .Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before farther disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thmvW,- and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Tithes Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost- of, or time required for, performance of the Work; subject, however, to the following: a. such condition must -meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be .entitled to any adjustment in the Contract Prier or Coact Times if a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Coiract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous area required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or EJCDC C-701 Standard Cenernt Conditions of the Construction Contract. Copyright O 2002 Natknat Society of Professknai lingWm for EJCDC. All rights reserved. 00700-12 c. Contractor- failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fens and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by- the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such reformation or data; and 2. the cost of all of the following will be included is the Contract Price, and Contractor shall have full responsibility ft a. reviewing and checIdng all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground nd Facilities, including Owner, during construction, and d. the safety and prosection of all such Under- ground Facilities and repairing any damage tbarpto resulting from the Work. B. Not Shown or Indicated promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contiact Times, Owner or Contractor may male a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or ralw4dons.without the prior written approval of Owner. Contractor shall report to Engineer. whenever any reference point or property momrment is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified persomtiaL 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference a made to the Supplementary Conditions for the identifioation of those reports and drawings relating to a Hazardous Environmental Condition identified at the. Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. 1. If an Underground Facility is uncovered or B. Limited Reliance by Contractor on Technical revealed at or contiguous to the Site which was not shown Data Authorized: Contractor may rely upon the general or indicated, or not shown or indicated with reasonable accuracy of the "technical data" contained in such reports accuracy in the Contract Documents, Contractor shall, and drawings, but such reports and drawings are not promptly after becoming aware thereof and before further Contract Documents. Such "technical data" is identified disturbing conditions affected thereby or performing any in the Supplementary Conditions. Except for such reliance Work in connection therewith (except in an emergency as on such "technical data;' Contractor may not rely upon or required by Paragraph 6.16.A), identify the owner of such make any claim against Owner or Engineer, or any of Underground Facility and give written notice to that their Related Entities with respect to: owner and to Owner and Engineer. Engineer will BJCDC 0-700 Stsadard Geaard Conditions of the Coustrudw Coated. Copyright O 2002 National Sodety of Yrofadmal Engineers for E7CDC. AN rights reswve& 00700-13 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor intepretation of or. conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specificationsor identified in the Contract Documents to be within the scope of. the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If . Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates 'a Hazardous Eavjronmental_ Condition, Contractor shell immediately: (i) secure or otherwise isolate such condition; (it) stop all Work in connection with such condition. and in any area affected thereby (except in an emergency as required by 'Paragraph 6.16A); and (iii) notify Owner and Engineer (and promptly thweafter confirm such notice in writing). Owner shall promptly consult with Engineer ooncerning- the necessity for Owner to retain a qualified expertto evaluate such condition or take corrective action; if any. B. Contractor shall not be regaired to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Wodq or (ii) specifying any. special conditions under which such Werk may be resumed safely. If Owner and Contractor camnot agree as to entitlement to or on the amount or -extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be. resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, pi's, employ, agents, consultants, andsubcontractors of each and any of them from and against all claims; costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (n) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (irk was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence: H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify .and bold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, . consultants, and subcontractors of each and any of them from and against all claims, costa, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and- other - professionals and - all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.11 shall obligate Conhactor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. L The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor doer not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it 'is unsafe, or does not agree to Contract Price as security for the faithful performance and .resume such Work under such special .conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall retrain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified E7CDC 0.700 Standard General Conditlone of the Csustraetiou Contract. Copyright O 2002 Natbod Soden of Profesdmat Englnews for E7CDC. A9 rights reserved. 00700 -14 in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also fiunish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the sureLy on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01B, Contractor shall promptly no* Owner and Eaginow and shall, within 20 days ager the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01E and 5.02.. 5.02 Licensed 5ur+etter and Insurers A. All bonds and insurance required. by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surly or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meat such additional requirements and qualifications -as may be provided in the Supplementary Conditions. 5.03 Catificates ojdnswwnce A. Contractor aball deliver to Owner, with copies . to each additional insured identified in the Supplementary Conditions, certificates of iasutanee (and other evidence -of insurance requested by Owner or any other additional insured) winch Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them, may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employes; 3. claims for damages because of bodily um, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- Wned a. by any person as a result of an offense directly or indirectly related -to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims fordamages, other than to the Work itself, because of injury to . or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance -required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include, as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and mchrde coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each end any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 5.04 Contractor's Liability Insurance 2. include at least the specific coverages and be written for not less than the limits of liability provided in A. Contractor shall purchase and maintain such the Supplementary Conditions or required by Laws or liability and other insurance as is appropriate for the Regulations, whichever is greater, Work being performed and as will provide protection XJCDC C-700 Stmdnd General CendMuz of the Constrnetion Contract, Copyri& O 2002 Nadmd Soddy of Pmfoukad En&een for EJCDG All rishts reserved. or= - is 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance fiunished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations in w - Me, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment: a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory. to Owner and any such additional insured of continnation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability lnsumnee A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, -at Owner's optim, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Propeny &nownce . A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Fngineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consaltaats and subcontractors of each and any of them, each of whom a deemed to have an insurable interest and shall be listed as an insured or additional. insured; 2. be written on a Builder's Risk "all-risV or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architeds); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner, 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or laws and Reguladons which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an.insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or 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 Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property fimnane specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C-700 Sdmderd Geoerd Coact ew of the Condevetion Contnd. Copyr%ht O 2002 Wadowt Soddy of Prefe:>iond Rueneese for EiCDC. A6 rights reserved. 00700 -16 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to -commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such - other insurance has been procured by Owner. 5.07 Waiver ofRights A. Owner and Cont actor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, per, employ, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against airy of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, for all loses and damages caused by, arising out of or resulting from any of .the perils or causes of loss covered by such policies and any other property insurance applicable to the work, and, in addition,- waive all such rights against Subcontractors, and Engineer, and all other individuals. or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the offices, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engmeer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for. I. loss due to business interruption, loss of use, or .other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner•, and 2. loss or damage to the completed Project" or part thereof caused by, arising out of, or resulting from fire or other insured pail or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. E. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.073 shall contain provisions to the effDct that in the event of payment of any such lens, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Applicatim oflnswwice Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof; and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall 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 occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall makesettlement 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, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insdaance, Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract ZJCDC 4700 Standard General Coad dons of the Coadrrcdon Coahvet. Copyri& 02002 National Society of Poofesdonal I nstmeers for &TCDC. ALL rlgkts raerved. 00700 -17 Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.012. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either. party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without. prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 - Pardd Udlization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing. the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated The -thereby. The insurers providing the property imnauranmce shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 SzVwv cion and Si4perintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying each skills and expertise as may be necessary to perform the work in accordance with the Contract Doammenta. Contractor shall be solely .respomuible for the means, methods, techniques, sequences, and procedures of construction. Contractor .shall not be responsible for the negligence of Owner or Engineer . in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor, WorldngHours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work. and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persona or the Work or property at the Site or adjacent thereto, and except as otherwisestated in the Contract Documents, all Work at the Site shall be performed during regular worldng hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment .. A. Unless otherwise specified in the Contract Documents, Contractor shall provide and sesame full responsibility for all services, materals, equipment, bar. transportation, conskuction equipment and machinery, too* aPPliancea, fuel, Pow. Wit. hN4 telephoW. water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work -shall be as specified or, if not specified, shall be of good quality and now, except as otherwise provided in the Contract Documents. All special wananties and guaantees required by the Specifications shall m essly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All: materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time .as provided below. EJCDC C-700 Standard General Conditions dike Contraction Contract. Copyright O 2002 National Society of Proteadeaal B.n#um for EJCDC. M d0 ft reserved. once - is 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Timer. Such adjust- ments will comply with any. provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contact Times shall be submitted in accordance with the requirements of Article 12. Adjuster in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the apexification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no lilwe equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment. or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal" Items: If in Engineer's sole discretion an item of material or egWp =A proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related work will be required, it may be considered by Engineer as an "or-equar item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be aecomplishod without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equ tmaa will be considered functionally equal to an item so mired if a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, sheagth, and design characteristics; 2) it will reliably- perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service, and b. Contractor certifies tbat, if approved and incorporated into die work . 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-egaal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or eleripmwt will not be accepted by Engineer. from anyone other than Contractor. c. The regWre meats for review by Engineer will be as act forth in Paragraph 6.05.A.2.d, as supplemented in the Genw-al Requirements and as Engineer may decide is appropriate under the circumstances.. d. Contractor shall males written application to Engineer for review.of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1). shall terrify that the -proposed substi- tute item will: a) periform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, Io which the use of the proposed substitute item will prqu- dice Contractor's achievement of Substantial Completion.on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design 1) there will be no increase in cost to to the proposed substitute item; and the Owner or increase in Contract Times, and EJCDC CA00 Sundard Ga mil Cou Ndow of the Constrnenoa Contract. Copyd& 02002 Nationd Society of Prefa dmd Engae m for BJCDC. All r%bb served. 00790 -19 c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of -all - costs or credits that will result directly or indirectly from use of such substitute item, inchuling costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of consstruction• approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in EngineWs.sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be srinailat to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal at submittal made pursuant to Paragraphs 6.05.A and 6.05.11. Engineer may acquire Contractor to famish additional data -about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substh ute will be ordered, installed or utilized until Engineer's review .is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. S)vecial Guarantee: Owner may require Contractor to fiunish at Contractor's expense a special perfonneace guarantee or other surety with respect to any substitute. Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.11), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection is the Bidding Documents or the Contract Documents) of any such Subcontractor; Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection ager due investigation Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, .and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be mood. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall coned tote a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner -and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals . or entities per%rming or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such E. Engineer's Cost Reinsbursement: Engineer Subcontractor, Supplier, or other individual or entity any will record Engineer's costa in evaluating a substitute contractual relationship between Owner or Engineer and proposed or submitted by Contractor pursuant to any such Subcontractor, Supplier or other individual or Paragraphs 6.05.A.2 and 6.052 Whether or not Engineer entity, nor approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the 2. shall anything in the Contract Documents charger of Engineer for evaluating each such proposed create any obligation on the part of Owner or substitute. Contractor shall also reimburse Owner for the Engineer to pay or to sex to the payment of any moneys charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual FJCDC C-700 Standud Genual Coalitions of ate Cmutructloa Contract. Copyrkh O 2002 !National Soekty of ftofeubaal Fn0Umn for FJCDC. AQ rigtes nerved. 00700-20 or entity except as may otherwise berequired by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or fiunishing any of the Work under a direct or indirect contract with Contractor B. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor F. The divisions and sections of the Specifica- tions pecificstions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. 0. All Work per&rmed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable tams and conditions of the Contract Documents for the benefit of .Owner and Engineer. Whenever any such agreement is with a Subcontractor or - Supplier who is listed as an additional insured on the property Wil ma= provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier wilt zontain provisions whereby the Subcontractor or Supplier waives' all rights against.Owner, Contractor, and Engineer„ and all other individuals or entities - identified in the Supplementary Conditions to be listed as insureds or additional insureds '(and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) :.for all looses and damages caused -by, arising out oti relating to, or resulting from any of the pails or causes of loss covered by such policies and any other property insurance applicable to the. Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain .the same. 6.07 Patent Fins and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design. process, product, or device which is die subject of patent rights or copyrights held by other$. If a particular invention, design, process, Product, C. Changes in Laws or Regulations not known at or device is specified in the Contract Documents for use the time of opening of Bids (o, on the Effective Date of in the performance of the Work and if to the actual the Agreement if there were no Bids) having an effect on knowledge of Owner or Engineer its use is subject to the cost or time of performance of the Work shall be the patent rights or copyrights calling for the payment of any subject of an adjustment in Contract Price or Contract license fee or royalty to others, the existence of such Times. If Owner and Contractor are unable to agree on rights shall be disclosed by Owner in the Contract entitlement to or on the amount or extent, if any, of any Documents. such adjustment, a Claim may be, made therefor as provided in Paragraph 10.05. EJCDC 0-700 Standard Genual Conditions of tie Construction Centraet. Copyright O 2002 National Society of Profoulonal Zagtnem for F.JCDC. All rights reserved. 00700 - 21 B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all foes and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to 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, process, product, or device not specified in the Contract Doctunents. 6.08 Permits. A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licanes. Contractor shall pay all governmental charges and inspection foes necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if these are no Bide; on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections' for providing permanent service ' to the work. 6.09 Laws and Regulationt A. Contractor shall give all nodoes required by and shall comply with all Iaws•and Regulations applies blo to the performance of the Wodr. Except where otherwise expressly required by - applicable Laws and Regulations, inither. Owner nor Engineer shall 'be responsible for monitoring Contractor's compliance with any Laws orRegubdons. B. If Contractor pmfmms any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all foes and charges of engines,, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costa) arising out of or relating to such Work. However, it shall not be Contractor's primary responsbih'ty to make certain that the Specifications and Drawings are in accordance with 1,aws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the IAwa and Regulations of the place of the Project which are applicable during . the performance of the Work. 6.11 Use ofSite and WWAreas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the - Site and other areas with construction equiptnal or other materials or equipment. Contractor shall assume frill responsibility for any damage to any such land or area, or to the owner or occupant thereof; or of any adjacent land or areas resulting from the performance of the Work. 2. Should nay claim be made by any such.owner or occupant because of the perfomnance of the.. Work, Contractor shall promptly settle with such other- party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution procxeding or at law. 3. To the. fidlest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Bogmeer, and the officers, directors, payers, employees, agents, - consultants and subcontractors of each and any of them from and against all claims, costs, bases, and damages (including but not limited to all foes and charges of engineers, arcbitects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owtier or occupant against Owner. Engineer, or any other party indemnified hereunder to the extent caused by or based upon Conuactoes performance Of the Work. B. Removal of Debris DwIrug Perfonnance of the Work Daring the progress of the Work Comractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clew the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designate 4 for alteration by the Contract Documents. D. Loading Sftctww. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger ik 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to slow changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference Upon completion of the Wodc, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for. the safety of; and sball provide the necessary protection to prevent damage, injury or Was to: 1. all persons on the Site or who may be affected bye Work; 2. all the- Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the.protection of persons or property from damage, injury, or loss; and shall. erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when Prosecution of the Work may affect than, and shall cooperate with than in the protection, removal, relocation, and replacement of their property. C. All damage, injury', or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.).3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor .(except damage or loss attributable to the fault of Draw - a O—M c -env BUMdaM Gma%l Conditloas of the Const mcdon Coatracr. -- Copyright O 2002 National Sodety of pWesdoaal Eoghmms for EJCDC. AN rights reserved. 00700-22 ings or Specifications or to the acts :or omissions of Owner or Engineer or , or anyone employed by any of them, or- anyone for whose acts any of than may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Ste, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.073 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Repne adadve A. Conuw4or shall designate a qualified and cq iienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs • A. Contractor shall be responsible for coon& natmg any exchange of material safety data shoats or other hazard communication information required to be made available to or exchanged betwem or among employes at the Site in accordance with Laws or Regulations. - 6.16 Emergencies A. In emergencies affecting the safely or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Eagmw prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. ' 1. Shop Drawings a. Submit number of copies specified in the General RegWremeents. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17A 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clardy identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Whore a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineers review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurers, quantities, dimarsions, specified paftmance and deo*n. Criteria, installation requiramonts, materials, catalog numbers, and similar .information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC CM0, Stsrdard•G= d CoadtBs" of the Comomedon CoetMet. CopyrIgM O 2M Na"ad Sudety of PWoodmW 1Su&ws for EJCDC. All melts reserved. 00700 - 23 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted ubmitted to Engineer for review and approval of each such variation. D. Engineer's Review I. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. . 2. EtAginoer's review, and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction onstruction is specifically and. expressly called for by the Contract Documents) or to safety precautions or programa incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item fimctions. 3. Engineer's review and approval shall not relieve Contractor from responsiAty for any variation from the requirements of the Contract Documents unless Contactor has complied with the requirements of Partagraph 6.17.C3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or aocotapanying the Shop Drawing or Sample.. Engineer's review and approval ab811 not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections requited by Engineer and shall return the regWred number of cor- rected copies of Shop Drawings and subunit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Cont -actor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by. 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shuull be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: . 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Enginw or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owns; S. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification 'A. To the fullest extent permitted by laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, per, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or FJCDC G700 Standard General Conditions of the Coubmedo, Coutrut CopyrAW O 2002 National Soddy of Profesdonal Enol em for FJCDC. All tights reserved. 00700.24 arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tengr'ble property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent not or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of duan to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 620.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workes' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out ora 1. the preparation or approval of, or the White to prepare or approve, maPa, Drawings, opinions, reports, surveys, Change Orders, designs, orSpoeifications; or . 2. giving directions or iostxnctions, or failing to give them, if that is the primary cause of the injury or damage. 621 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means; methods, techrriqu ek sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. shall appear on all drawings, culcalations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineers review and approval of design calculations and design drawings will be only for the limited purpose of checking far- conformance with perfomsaoe and design criteria given and the design concept expressed in the Coact Documents: Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of do performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportimity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theim that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and irJCDC C-700 Standard General Conditions of the ConstrwMen Contract. Copyright O 2002 National Society of Profoodonal Engineen for EJCDC. All rW* reserved. 90M - 25 properly integate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alta their work with the written consent of Engineer and the others whose work wi71 be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed, by others under this Article 7, Contractor shall inspect Such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work Contractor's White to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A if Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided B. Unless otherwise provided in the Supplementary Conditions, Owner shalt have sole authority and responsibility fur such coordination. .7:03 Legal Relationships A. Paragraphs 7.0I.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs insured by Contractor as a result of the other. contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 - OWNER'S RESPONSIBI ITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement ojEngineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements: Reports and Tests A. Owner's duties in respect of providing Iands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor .copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Eangmw in preparing the ContractDocuments. 8.06 Insurunce A Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property msw ante aro set forth in Article 5, 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.033. EJCDC C-700 Standard Conal Coiditlons of the Constriction Contmet. Copyright O 2002 National Society of Professional Englaeers for EJCDC. AN rights reserved. 00700 - 26 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence ofFinancta/ Arrangements A If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's respomsbr'lity in respect thereof will be as act forth in the Supplementary Conditions. ARTICLB 9 - - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative . A. Engineer will be Owner's representative during the constmction.penod. The duties and respond- bilities. and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional .the progress that has been made and the quality of the various aspects of Con ractoes executed Work Based on information obtained during such visits and obsemfions, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be - directed toward providing for Owner a greeter degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety. precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Rripresentative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent -of employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 . Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the . Contract Price or the Contract Times and are c ompauble with the design concept of the completed Project as a functioning whole as indicated by the Contract Docur marts. These, may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order Justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer beliaves to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or besting of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC 0-700 Standard General Condit= of the Condruettoa Contract. Copyright O 2002 Nadand Sudety of Prsfeatont Engia*m for &TCDD AM rightsreserved. 00700 - 27 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof as to Shop Drawings and Samples, sec Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, we Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, we Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Eagineer's written decision thereon will be final and binding (owept as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the rogaicemarta of the Contract Documents and judge of the acceptability of the Work thawnder. Ali matters in question and other mattes between Owner and Contractor prising prior to the date final payment is due relating to the acceptability of the Wink, and the intapretation of the rogtriraments of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, reeler a written decision on the issue refered. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.0.52. partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Bagineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performannce of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, to haksms, sequences, or procedures of construction,. or the aafexy precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment• and accompanying documentation and all maintenaim and operating- instructions, . schedules, guarantees, bonds, cartificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that that content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Docxmoents. E. The limitations upon authority and responsi bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK, CLAIMS 10.01 Authorized Changes in the Work C. Engineer's written decision on the issue referred will be final and binding on Owner and A. Without invalidating the Contrail and without Contractor, subject to the provisions of Paragraph 10.05. notice to any surety, Owner may, at any time or from titne to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer. will not show Upon receipt of any such document, Contractor shall &iCDC C 700 Standard General Conditions of the Construction Contmet. Copyright O 2002 National Soddy of Profealoo l Engineers for &iCDC. All rights reserved. 00700 - n promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor am unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work ACouiractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04$. 10.03 Execution of Change Orders A. Owner and Contractor shall execute approph ate Change Orden recommended by Fngincer covering: . 1. changes in the Work which ate: (i) ordered by Owner pursuant to Paragraph 10.01.A, (it) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or Girl) agreed to by time parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amotmt of time for Work actually .petifo nod in accordance with a Work Change Directive; and . 3. changes in the Contract Price or Contract Times which embody the subotanee of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be tabun from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractee shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision A decision by Fagineer shall be requited as a condition precedent to any exorcise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Dots or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall no with the patty malting the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days a&-rr the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustrnent in Contract Price shall be prepared in accordance with the- provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 11.023. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days atter receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days afex receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. decry the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is usable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not talc action on a Claim within said 30 days, the Claim shall be deemed denied E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C-700 Standard Geaaat Cmdtttoas of the Comtrmeden Centrad. Copyright O 2002 National Sodety of hofetd" t3argi mn for EJCDC. A9 rights staved. 00700 - 29 F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.012, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only -those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise maybe agreed to in writing by Owner, such coats shall be in amounts no higher than -those prevailing in the locality of the Project, shall include only the following items, and shell not include any of the costs itemized in Paragraph 11..01 B. . 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owt►ar and Contractor. Such. employees shall include, .without limitation, foremen, and other personnel employed fall time at the Site. Payroll costs for employees not. employed full time on the Work shall be .apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be Bmited. to, salaries .and wages plus the cost of fringe benefits, which shall include .social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in. the above to the extent authorized by Owner. 2. Cost of all materials and equipment famished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts stall acnes to Contractor unless Owner deposits furls with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4_ Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work 5. Supplemental coats including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work b. Cost, including transportation and mainto- nance, of all materials, supplies, equipment, may, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which aret consumed in the perfor- mance -of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice . of Engineer, and the costs of t<ansposution, loading, unloading, assembly, dismantling, and removal thereof All such costs shall be in accordance with the teams of said rental agreements. The rental of any such equip - went, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, conpuni r, use, and otter similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and license& returns from sale of surplus materials and equipment spall £ Losses and damages (and related expenses) accrue to Owner, and Contractor shall make provisions so caused by damage to the Work, not compensated that they may be obtained. by insurance or otherwise, sustained by Contractor in connection with the performance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06D), provided such losses and damages have EJCDC C-700 Standard General Cord dew of the Constrnd en Centraet. CopyrW O 2001 NA&Wd Sodety of Prefesdooal Mughmrs for EJCDC. All r10hts reserved. 00700-30 resulted from causes -other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and. expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. L Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insusaac� Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives,- principals (of partnerships and sole proprietorshbps), general managers, safety managers, engineer, architects, estimators, attor- neys, auditors, amountmAk purchasing and contracting agents, expediters, titeekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Conhactoes, principal or branch office for general administration of the Work and not specifically included in the. agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.0I.A.4, aA of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on _Contractor's capital employed .for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01 .C. D. Documentadon: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.013, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 AUowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the work so covered to be performed for such semis and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allommes 1. Contractor agrees that: a. the cash allowances mchrde the • cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site:, and all applicable taxes and b. Contractor's costs. for unloading and handling on the Site,- labor, installation , overhead, profit, and other expenses conflated for the cash allowancos have been included in do Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Conhugency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the soles use of Owner to coyer unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contrad Price shall be correspondingly 4osted- 11.03 Unit Price Work A. Where the Contract Documents provide that 5. Other overhead or general expense costs of all or part of the Work is to be Unit Price Work, initially any kind and the costs of any item not specifically and the Contract Price will be deemed to include for all Unit expressly included in Paragraphs 11.01 A and 11.013. Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work C. Contractor's Few: When all the Work is times the estimated quantity of each item as indicated in performed on the basis of cost-plus, Contractor's fee shall the Agrcememt. SJCDC C-700 Standard General Conditions of Nie Construction Contrea Copyr%M O 2002 National Sudety of Prefadenal Byf nears for EJCDC. Ari iia4b screed. 00700-31 B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly fivm the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and . 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional wgrxse or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES - 12.01 Change of Contact Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on writtar notice submitted by the party malting the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. when the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contact Documents and agreement to a lump sum is not reached under Paragraph 12.013.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions Of the Cost of the Work a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.4.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.4.3, the Contractor's fee shall be five percent; m where one or more tiers of subcontracts are on the basis of Cost of the Work phis a foe and no fixed fee is agreed upon, the intent of Paragraph 12.0l.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fie of 15 percent of the costs incurred by such Subcontractor under Paragraphs - 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized index Paragraphs 1.1.01.4.4, 11.01.A.S, and 11.012; e. -the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and £ when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Conftwt 71mes A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Titans shall be.based on written notice submitted EJCDC C-700 Standard Generg Conditions of the Construction Contract. Copyright O 2002 National Sode[Y of Profesdonal gaginten for EJCDC. A6 rights reterved. 0700-32 by the party making the Claim to the Engineer and the Other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02A Delays beyond the -control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing otber work as condemplatr ed by Article 7, fires, floods, epidemics, abnormal 'weather conditions, or acts of Clod. B. H Owner, Engineer, or other contractors or utility owners performing other work for Owner as conte mphod by Article 7, or anyone for whom Owneris responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Prion or the Contract Times , or both. Contractor's entitlement to an adjustment. of the Contract Times is conditwnedd on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. .0 NContractor is delayed -in the: performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or faihms to act of utility owners'not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, these Contractor shalt be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costa, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. ARTICLE 13 - TESTS AND INSPECTIONS; CORRBcnON, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice ofLWects A. Prompt notice of all defective Work of which Owner or Engineer has actual lmowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owners, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, .and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate.required inspections or testa. B. Owner shall employ and Pay for the services of an independent testing. laboratory to Perform - all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03D below; 2. that costs incurred in connection with tests or impactions conducted pursuant to Paragraph 13.04.E shall be paid as provided is said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. if Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, Nested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and hrmsh Engineer the required certificates of inspection or approval E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays Mutable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required far Owner's be deemed to be delays within the control of Contractor. and Eagincer's acceptance of materials or equipment to EJCDC 0-700 Standard General Candttlew of tke Construction Contract. CopyrW O 2002 National sodety of Prefenbast Esomen for EJCDC. AB rkhts reserved. 00M-33 be incorporated in the Wodq or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engilleer- E. If any work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be, at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any work is covered contrary to the written request of Engineer, it must, if requested .by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others. Contractor, at Engineer's request, shall uncover, expose, or otherwise malce available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims; costs, losses, and damages (including but not limited to all fens and charges of engineers, architects, attomneys, and other professionals and all court or arbitration or other dispute resolution coats) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall. be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof; Owner may make a Claim therefor as provided in Paragraph 10.05. D. If; the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an eartension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof; Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 OwnerMay Stop the Work A. If the work is d6fective, or Contractor fids to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective World whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (inchiding but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but M limited to all coats of repair or replacement of work of others). B. When correcting defective Work under the terms. of this Paragraph 13.06 or Paragraph 13.07, Contractor shall taloa no action that would void- or otherwise impair owner's special warranty and guarantee, if any, on said work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Docs; any Work is found to be defective, or if the repair of any damages to the Iandor areas made available .for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such. defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C 700 Standard Grewal Condition: of the Censtrwetion Contrset. Copyright O 2003 National Soddy of Profewbod Eughumn for EJCDC. AE rights revved. 00700-34 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work m moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of mginoers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In spacial circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. When defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Coat actor's obligation under this Paragraph 13.07 are in addition to any other obligation or warranty.. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acaceptance of Defective Work A. I% instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to -Enginwee recommendation• of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (melding but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or -a rbiwdon or other dispute resolution coats) attributable to Owner's evaluation of and determination to accept such defective Work (such coats to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thexeo& Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May CMW Defedive Work A. If Contactor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected work as required by Engineer in accordance with paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Cowractorbut which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Emgbxw and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies Hader this Paragraph. . C. All claims, costs, losses, and damages (including but not limited to all foes and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner is exercising the rights and remedies under this Paragraph 13.09 will be charged. against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; end Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, coats, losses and damages will include but not be limited to all costs of repair, or reptscament of work of others destroyed or damaged by cwsectioa, removal, or replacement of Contractor's defective work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress E.iCDC C-700 Sh sdard General CoadMom et the Cownvedoa Contract. Copyright O 2002 National Soddy of Protealsnal Fagineers for KJCDC. AQ rights reserved. 00700 -35 payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments . 1. At least 20 days before the data established in the Agreement for each progress payment (bort not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence- - that . the materials and equipment are covered by appropriate property insurance or other arrangements .to protect Owner's interest therein, all of which must be satisfactory to Owner. . 2. Beginning with the second Application for Payment, each Application shall include an affidavit of -Contractor stating. that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement: B. Aeview ef'Appticxf ons I. -Engine r will, within 10 clays after receipt of each Application for Payment, either indicate in writing a recommendation of payment and. present the Application to Owner or return .the Application to Contractor indicating in writing FAgineces reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the b. the quality of the work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and. to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have bees fulfilleed in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi bilitim specifically assigned to Engineer in the Contract Documents; or .b. that there .may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes ofrecommending payments nor Engineer's recommendation of any payment, including. final payment, will impose responsibility on Engineer: a. to supervise, direct, or control.dw Work, or b. for the means, methods, techniques, aequenoes, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's fadtrre to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. accompanying data and schedules, that to the best of 5. Eagitim may refuse to recommend the whole Engineer's knowledge, information and belieE or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner a. the Work W progressed to the point indicat stated in Paragraph 14.02.B.2. Engineer may also refuse eed; to recommend any such payment or, because of subse- quendy discovered evidence or the results of subsequent E iCDC C-700 Standard Geonal Condttlon of the Construction Contract. Copyright O 2M2 National Society of thefouboal Tngtnexrs for EdCDC. An rights reserved 00700-36 inspections or testa, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has bees reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. • . D. Reduction in Payment 1. Owner MR refuse to make payment of the full amount recommended by Engineer boom= - a. • claims have been made against Owner on account of Contractor's performance or fiumsh- ing of the Worley b. IA= have been filed in connection with the Work, except when Contractor has delivered a specific bond satisfactory to Owner to secure the aatisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence .of any of the events emimeratel in Paragraphs 14.023.5-.a through 14.02.B.5.c or Paragraph 15.02.A. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty of Me A. Contractor warrants and guarantees that title to all Work, materials, and equipment coveted by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and- clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended'use Contractor shall notify Owner and Engineer in writing that the entire Wodc is aibstan4islly complete (except for items specifically listed by Contractor as incompktc) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. if Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion wliich..shall fix the date of Substantial Completion. There shall be attached -to the certificate •a.tentative list of itoms.to be completed or corrected before final payment. Owner shall have seven days after iooeipt of the tetstive certificate during which to make written objection to P.aginew as to any provisions of the certificate or attached list. 14 after considering such objections, Engineer concludes that- the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If; after consideration of Owner's objoctious,.Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a deSnitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) orrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections fiom Owner. 2. If Owner refuses to make payment of the fun amount recommended by Engineer, Owner will give D. At the time of delivery of the tentative Contractor immediate written notice (with a copy to certificate of Substantial Completion, Engineer will Engineer) stating the reasons for such action and promptly deliver to Owner and Contractor a written recommen- pay Contractor any amount remaining after deduction of dation as to division of responsibilities pending final the amount so withheld. Owner shall promptly pay payment between Owner and Contractor with respect to Contractor the amount so withheld, or any adjustment security, operation, safety, and protection of the Work, thereto agreed to by Owner and Contractor, when maintenance, heat, utilities, insurance, and warranties and Contractor corrects to Owner's satisfaction the reasons for guarantees. Unless Owner and Conhactor.agroe otherwise such action. in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial EJCDC C-700 Standard Genal Conditions of the Coutmedon Contraet. Copyd& O 2M Natbaal Sudety of PrefeWonai lunars for EJCDC. All r4&b reserved. 00700 - 37 Completion, Engineer s aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substautially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. onditions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part .of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contactor considers any such part of the Work ready for its intended use- and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. . 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Emgiaeer does not consider that part of the Work to be substantially complete, Fngineer will notify Owner and Contractor in writing giving the reasons therefor, If Engineer considers that part of the World to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility m respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments• 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Lams filed in -connection with the work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that. (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to funish such a release or receipt in full, Contractor may funish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance . 14.06 FinalImpecdon 1. Ii on the basis of Engineer's observation of A. Upon written notice from Contractor that the the Work during construction and final inspection, and entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for Payment Engineer will promptly make a final inspection with and accompanying documentation as required by the Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work writing of all particulars in which this inspection reveals has been completed and Contractor's other obligations SJCDC C-700 Standard G wd Coadttbm of the Construction Contract. Cepyrl& O 1002 National Sodety of Yrefesdonal Fastae n for EJCDC. Aa ri&ts reserved. 00700 - 3a inch the Contract Documents have been fulfilled, Engineer will, within ten days after reocipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment At the same time Eagmeer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat ing in writing the reasons for refusing to recommend final payment, in which can Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any arm Owner is entitled to set off against Enginmes recommendation, including but not limited to liquidated damages, will become due and, will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. It; through no fault of. Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and rxammondation .of Engineer, and without terminating the Contract, make payment of the balance duue for that portion of the Work fully completed and accepted. If the remaining balance. to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent ofthe surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment .Such payment shall be made ander the terms and conditions governing final payment, except that it aball not constitute a waiver of Claims. 14.09 Waiver of Claims A The malting and acceptance of final payment will constitute: I. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Bears, from defective Work appearing ager final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Worh A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed Contractor shall resume the Work on the date so, fixed. Contractor shall be granted an adjust- ment djustwent in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, f ilm to supply sufficient skilled workerss--or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any.Public body having juriediction; 3. Contractor's disregard of the authority of Engineer, or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02A occur, Owner may, atter ging Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor. 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance EJCDC 0-700 Standard GenwA Condflon of the Coutructba Coatnet. CopyA& O 2M NW=d Society of ProfeWexA inducers for EJCDC. All e4hb reserved. 00700 - 3! 3. complete the Work as Owner may deem C. If Owner proceeds as provided in Paragraph 15.028, Contractor shall not be entitled to receive any fiuthet payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid. to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required. to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.8 and 15.02.C, Contractor's services will not be terminated if Contractoc.begins within seven days of receipt of notice of intent to terminate to .coarct its failure to perform and proceeds diligently to cure sueh.faiture within no more than 30 days of receipt of said notice. E. When Coatsa W..s services have. been so terminated by Owner, the termination will not affect any rights or vemedive of Owner against Contractor then existing or which may thereafter acme. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.8, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer. Owner may, without cause and without prejudm to any other right or remedy of Owner, terminate the Contrail. In such can, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination,including fair and reasonable sums for overhead and profit on such Work; .2. expenses sustained prior to the effective date of termination in performing services and f miisbing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Coni actor May Stop Work or Terminate A. X through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of cant or other public authority, or (ii) Engineer fails to act -on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the .Contract and recover -from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without .prejudice to- any. other right or remedy, if Engineer bas failed to act on an Application. for Payment within 30 clays after it is submitted, or Owner has failed for 30 days to pay Contractor any sum (finally, determined to be due:, Contractor may, seven days after written notice to Owner and Engineer, atop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitteed by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be EJCDC 0-700 Standard General Cosi W*w of tie Condruetlon CostraeL Copyright O 2001 Natkad Sodety of Professional BSsgineees for EJCDQ AX rightsreserved. _ 00700 - 40 governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. Tho process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, E 's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.) shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with fire other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent .jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given M 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last busiaess'address known to the giver of the notice. 17.02 Computation of 71mes A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hermrmdec to the parties hereto are in addition to, and are not to be construed in any way as a limitation o4 any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, egulations, by special warranty or guarantee, or by other provisions of. the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each pattiwlar duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, -as well as all continuing obligations indicated in the Contract Docu manta, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of those General Conditions. EJCDC 0-700 Standard General Conditions of the Construction Contract. Copyright O 200 National Sedety of Professional Fagineen for EJCDC. All rights reserved. 00700-41 Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: The Naming of Centennial Park Shelter MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting nATE-- September 2s, 2010 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Mayor's Office: Mayor's Youth Advisory Council Update MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Discussion on City Council Meeting Schedule MEETING NOTES 1�, sc.,�f CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Continued Public Hearing from September 7,2010: ZOA 10-001 by City of Meridian Planning Department Request to Amend and Add to the Current Provisions of the Unified Development Code (Title 11 of Meridian City Code) Related to the Portable Classroom Standards Outlined in UDC 11-4-3-14 Education Institution MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (� Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Public Hearing: PP 10-001 for Spurwing Greens by Spurwing Greens, LLC Located North of Chinden Boulevard, Approximately 1/4 Mile East of Black Cat Road and West of Spurwing Subdivision Request: Preliminary Plat Approval for 214 Residential Building Lots and 16 Common Lots on Approximately 86.66 acres in an R-2, R-8 and R-15 Zoning District MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS q_ �_�� `I4dkngS l©/la Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: Public Hearing: VAR 10-001 for Spurwing Greens by Spurwing Greens, LLC Located North of Chinden Boulevard, Approximately 1/4 Mile East of Black Cat Road and West of Spurwing Subdivision Request: Variance to UDC 11 -6C -3B.4 to Exceed the Maximum Cul- de-sac Length Allowed in a Residential District for Block 24 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FrC�,. I L a 91-1 Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 9D PROJECT NUMBER: ITEM TITLE: Public Hearing: RZ 10-001 for Fast Eddy's Ten Mile Station by ST Investments Located Southeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Rezone of 5.90 acres from C -N (Neighborhood Business) to C -C (Community Business) Zoning District MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS q L Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 9E PROJECT NUMBER: ITEM TITLE: Public Hearing: CUP 10-007 for Fast Eddy's Ten Mile Station by ST Investments Located Southeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Conditional Use Permit for a Fuel Sales Facility, Convenience Store with a Drive-Thru and a Vehicle Washing Facility on Approximately 1.89 acres in a proposed C -C (Community Business) Zoning District MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS q -d -t !�;> FFCL- Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 9G PROJECT NUMBER: ITEM TITLE: Public Hearing: TE 10-019 for Seyam Subdivision by Ronald Van Auker Located North Side of E. Franklin Road, Approximately 1,200 Feet east of N. Eagle Road Request: 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES med CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS qac 9 Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 9H PROJECT NUMBER: ITEM TITLE: Public Hearing: VAC 10-006 for Spring Creek by Douglas Clegg Located at 3165 N. Meridian Road Request: Vacate an Existing Irrigation Easement on the Site MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 91 PROJECT NUMBER: ITEM TITLE: FP 10-007 for Commercial North by Brighton Properties, LLC Located East Side of North Linder Road, Approximately 1/4 Mile North of West McMillan Road Request: Final Plat Approval for One (1) Commercial Lot on Approximately 1.48 Acres in a C -G (General Retail and Service Commercial) Zoning District MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS q9 aq Crde.r io j ,-:� 9k, Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 9J PROJECT NUMBER: ITEM TITLE: Public Hearing: CPAT 10-001 by City of Meridian Planning Department Request: Amend the Text of the Comprehensive Plan Pertaining to the Mixed Use Land Use Designations Contained in Chapter VII MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. J: A Resolution of the Mayor and the City Council of Meridian Appointing Dr. Bruce Gestrin from Joint School District No. 2, John Wasson from Ada County Highway District, and Faye Gabriel as Commissioners of the Meridian Traffic Safety Commission MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. to 1 '1 9 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING DR. BRUCE GESTRIN, JOHN WASSON AND FAYE GABRIEL AS COMMISSIONERS TO THE MERIDIAN TRAFFIC SAFETY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian deems the appointment of Dr. Bruce Gestrin from Joint School District No. 2, John Wasson from Ada County Highway District, and Faye Gabriel as a citizen of Meridian to be in the best interest of the Meridian Traffic Safety Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-3-2(B), Dr. Bruce Gestrin from Joint School District No. 2, John Wasson from Ada County Highway District, and Faye Gabriel as a citizen of Meridian are hereby appointed to the Meridian Traffic Safety Commission, for a terms to expire on August 31, 2014. 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 ZO day of September, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this 2� day of September 2010. APPROVED: aygr T,_.,y de Weerd ATTEST: OF o By: —7—ayceqo. Holman, City Clerk EAL CR RESOLUTION APPOINTING GESTRIN, WASSON A IE THE TRAFFIC SAFETY COMMISSION Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 1 OB PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. - I q : A Resolution of the Mayor and City Council of the City of Meridian Appointing Members to the Solid Waste Advisory Commission MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I O _ � 15 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING APPOINTMENTS FOR MEMBERS FOR THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Resolution No. 10-1432, on August 17, 2010, amending Title 2, Chapter 6 of the Meridian City Code and thereby created the Meridian Solid Waste Advisory Commission; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-6-3, the following citizen members of the Meridian Solid Waste Advisory Commission be appointed to the following seats and terms of service to be effective October 1, 2010: Seat 1, one-year term: Robert Corrie; Seat 2, one-year term: Steven Cory; Seat 3, two-year term: Nancy Mann. 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 za day of 2010. jP 'C77' - -7 ��— APPROVED by the Mayor of the City of Meridian, Idaho, this " day of 2010. ATTEST: APPROVED: By: = 1+;AL "Jaycee . Holman, City Clilk moo"' 9 �'sr Js1 RESOLUTION FOR APPOINTMENT OF MERIDIA'j�. ' I� OLINT`i ��rirrrrrrzr��•� de Weerd MEMBERS Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 10C PROJECT NUMBER: ITEM TITLE: Planning Department: Priority Transportation Projects - City Council Endorsement of Priority Roadway, Intersection, Sidewalk, and Pathway Projects to Send to the Transportation Agencies in Ada County MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS September 23, 2010 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager RE: Transportation Priorities September 28, 2010 City Council Agenda Item On September 14th, we discussed the City's priority roadway, highway, intersection and pedestrian improvements. During the September 28th meeting, I would like to get the final lists from the City Council to send to COMPASS, ACHD and ITD. During the August 5th, Transportation Task Force (TTF) meeting, and again during the September 16th TTF meeting, the members discussed and finalized their recommendation to the Council for roadways, intersections and pedestrian improvements. Community Proarams Last year's priority list was used as a starting point for drafting the City's 2010 Community Programs (CP) list of priorities. The TTF recommends applying for three of the Parks' pathway priorities identified last year. Additionally, seven NEW CP projects are being added to the 2010 priority list (see below). In all, the TTF recommends 10 new CP applications for submittal to ACHD. NOTE: Unlike roadways and intersection projects, the priority order of the CP projects is not as critical. ACHD is trying to scope and build many projects, as they have committed a significant amount of their budget to congestion and pedestrian projects (partially funded with the new vehicle registration fees.) If the Council concurs with the TTF's recommendations, Staff will prepare CP applications for the projects listed as "NEW" in the right hand column below. Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 DL....... -.^0 OO. _ C-.......0 000 CO-. ........,....:.J: --- ;+....... Page 2 2010 Community Program Priority Projects Priority Rank Project Comments Project Status (2009 Rank In house design at ACHD at 95%. Carlton, 1 st to Main, is a related/concurrent project moving forward on same 1 (1) Washington, NW 5th to schedule. These projects, along with Carlton, W. 8th CN 2013 to W. 4th, will create full usable system from Meridian Main Middle to Meridian Elementary and on to Cole Valley School. Only missing piece of sidewalk on the south side of Ustick in the mile between Ten Mile and Linder is in front of Malone parcel. Only gap in sidewalk system to Ponderosa Elementary west of the Ten Mile Sidewalk Ustick, is in front of an ACHD-owned parcel on the SWC of Ponderosa Ten Mile/Ustick. Would tie into improvements recently 2 (2) Elementary to constructed at Ustick/Linder intersection. Improvement Linder in front of these two parcels creates continuous sidewalk system between Ponderosa Elementary and Sawtooth Middle and removes safety busing requirements. Sidewalk only; no curb, gutter, etc. requested. Connect to Cole Valley School. Side of roadway TBD. East 2 1/2, Meridian Elementary (less than 'h mile), Post Office 3 (3) Fairview to (1/8 mile), Cole Valley Christian School (abutting), and CN 2013 Carlton other downtown gathering and destination points are near the project. East -west route between Meridian Elementary and Carlton, W. 8th to W. 4th; Meridian Middle schools, with extension across to 2 Broken into 2 4 (4) North to Meridian/Main to Cole Valley. Project ties in to phases: Washington @ facilities on W. 8th Street and connects to 2011 improvements planned on Washington/Carlton (Priority NW 4th Rank 1). Two parcels prevent continuous sidewalk, one federal owned, the other a privately held parcel. Narrow DSN, ROW 5 (5) Eagle, Zaldia shoulder - high speed, high volumes of traffic. Children & CN to Victory walk to/from Sienna Elementary along this route. in 2011 Regional City Park is within1/2m ile. Most/All should be completed with Eagle, Victory to Ridenbau h project One side or the other needs continuous sidewalk. Route for both students at Meridian Elementary and 6 (6) W. 8th, Pine to Meridian Middle. Cherry to Camellia working on north DSN 2011 Carlton side of sidewalk infrastructure via stimulus funds in 2010. Create connection from Fairview to Meridian Elementary, and south across Pine. May require 7 (7) W. 4th, Broadway to Pedestrian crossing at Pine. Existing pole and flashing DSN 2011 school zone light/sign at Pine/W. 2nd; striped Maple crosswalk at Pine/W. 1 st. Adjacent to Meridian Elementary, within % mile of Meridian Middle school. Page 3 West side of roadway — extension needed for connection to existing sidewalk approaching Meridian W. 1st, Pine to Elementary school. W. 1St at Pine is designated 8 (8) Broadway elementary crossing with guards; entrance for some ??? buses and visitor parking. Partial sidewalk exists, but block between Idaho and Broadway missing; other portions substandard narrow, bowed, etc.). g(g) Broadway, W. North side of roadway to use existing (disconnected) DSN 2011 7th to Meridian sidewalk. Sidewalk needed on west side of roadway. Three Locust Grove, parcel connection needed (LDS Church, Alpha and 10 (10) McMillan to Allmon) to tie existing segments together. Central Scoped Chinden Academy and Foundations Academy are within'/ mile. Shoulder along Locust Grove is not very wide. One parcel on north side preventing entire mile (Locust McMillan, Grove to Eagle) from being continuous sidewalk. With 11 (11) Schubert to regional park at Eagle/McMillan this gap needs filling. If Scoped; Schumann right-of-way for sidewalk in ultimate location does ROW needed not exist, please consider interim improvements as maintenance project. No good pedestrian connections from subdivisions on S. Locust west side of Locust Grove Road to Sienna Elementary, 12 (12) Grove at west of Eagle Road. Add flashing lights/ped signal, JSD#2/ACHD? Palermo crosswalk and signage across S. Locust Grove at E. Palermo (add short section of sidewalk). Open to other ways to solve this issue. 500' -gap in sidewalk between Observation Point and the convenience store on the Meridian/Victory Victory, intersection. ROW necessary for project currently Scoped: 13 (13) Observation exists. No nearby school, but neighborhood ROW needed Pt. Out -Parcel (Observation Point is the HOA) has requested this project as the residents do frequently walk to the nearby services via this route. One property gap on east side of Meridian Road, between Ustick and McMillan. Gap is 100' long; not enough ROW to construct sidewalk in its ultimate 4010 Meridian location. Settlers Park is within'/ mile. Children Scoped: 14 (14) Road - Out- attending Heritage Middle School from the south do ROW needed Parcel travel this route. Please consider interim improvements as maintenance project; ultimate right-of-way does not exist to accommodate request. Developer is required to construct sidewalk adjacent to Meridian, this future phase of Ventana Subdivision. But it may be DSN & CN 15 (15) Heritage MS to a long time before development occurs. Request for 2011 Ventana temporary connection as school is directly to the south of this site and many kids walk this stretch of roadway. Ridenbaugh North of Victory. Add signage, stripe cross -walk, install 16 (23) Pathway/Eagle solar in -pavement flashers, HAWK signal, etc. Discuss NEW Rd. Crossing with Meridian Fire about sharing their light for peds too. Five Mile Crk Connect Bud Porter Pathway with Fairview Ave. via Path - James Court. Add signage, widen existing pathway to 17 (20) Meridian 10' at and potentially along James Court, stripe on- NEW Rd./Lakes street crosswalk and install solar in -pavement flashers Ave. I or HAWK signal. Page 4 The project proposes a 5 -foot -wide attached sidewalk with curb and gutter on the south side of Carlton Avenue from W. 1 st to Main. The project seeks to increase sidewalk connectivity for pedestrians and will 18 (NEW) Carlton, W. maintain on -street parking as a neighborhood amenity. NEW 1st/Main Use existing ACHD right-of-way. This project will create a Safe Route to School connection for Meridian students by providing pedestrian facilities to Cole Valley Christian School. Coordinate with MDC on curb, gutter and sidewalk potential. Install HAWK signal at Franklin/E. 3' (Storey Park) 19 (NEW) E. 3rd and Ada and stripe bike lane/route on both sides of E. 3rd and NEW St Ada Street to Main. Part of bicycle route for downtown. Coordinate with construction of SCP2. Five Mile Phase II of Fairview to Pine. Extension of CDBG Creek project along north side of Pine and Five Mile Creek. 20 (25) Pathway - Construct pathway on north side of Pine. Ped crossing NEW Pine Ave of Pine needed. Additional improvement needed on Extension Pine from Downtown to Locust Grove for pedestrian/bicyclist safety. Fill in the gaps in the sidewalk on the west side of the 21 (NEW) Linder, RR to roadway, between the railroad tracks and Franklin NEW Franklin Road. Many Meridian High School students use this route to/from school. Fill in the gaps on the west side of the roadway. Only a Linder, south couple of gaps to have 3/ of a mile of continuous 22 (NEW) of Franklin sidewalk. Many Meridian High School students use this NEW route to/from school and the services at the Linder/Franklin intersection. There is a gap in the sidewalk on the north side of Pine Pine Avenue, Avenue, between Mineral Wells Avenue and Rotan 23 (NEW) Merrywood Avenue. There are many children that walk to Meridian NEW High in this area. This gap in infrastructure is about 850' long. Between Linder and Ten Mile there is a small gap in the sidewalk on the south side of McMillan (between 2695 McMillan Bridgetower and Caymus Cove Subdivisions). This gap 24 (NEW) Road is only about 30' long and is part of the `flag" of a NEW county -zoned parcel. This gap would create continuous sidewalk on the south side of McMillan between Ten Mile and Linder. There is a 200' gap in the sidewalk on the east side of 25 (NEW) Linder, Divide Linder, across from Divide Creek and just south of NEW Creek Rocky Mountain High. There are many children that walk to school in this area. McMillan, Need pedestrian access to/from Hunter Elementary Scoped; Not a 26 (16) Goddard across McMillan. Children in this area also attend SR2S/H for Creek to Sawtooth Middle School. Please consider new cross- JSD#2 Palatine walk to access school south of McMillan Locust Grove, Interim/temporary connection (Paradise to Red Rock) Interim 27 (17) Paradise to Settlers Bridge constructed in 2010. Please keep long-term solution construction complete Sub. on radar for more permanent fix in the future. 2010 Page 5 Roadways and Intersections During the September 14 th meeting, City Staff briefly discussed changes to how the prioritization process will work this year at ACRD. During their September 16th meeting, the TTF made no p Y changes to the roadway priorities that the Council reviewed in August, but did make some changes to the intersection priorities. Basically, all of the State intersections along Chinden Boulevard moved to the bottom of the list, and the intersections along Black Cat moved up. The thinking was that State intersections do not score well at ACHD, as the District is becoming less and less interested in spending local dollars on projects that the State should be partnering with them on. Additionally, all of the intersections in north Meridian were added to the list. Below is the TTF's final recommendation to the City Council for 2010 priority projects. 2010 Roadway Priorities 2010 Current Project � Priority City's Priori Project � Status in ACHD Rank Programming 010ANAMWOk CN 2011 Eagle, Victory to Ridenbaugh CN 2013 1 Downtown Split Corridor 2 2011 & 2013 in TIP;re regionally significant 9 y 9 roject CN 2011 Overland, Ten Mile to Linder CN 2012 2 Franklin Road, Ten Mile to Linder CN 2015 (slip 3 Ten Mile Road, Cherry to Ustick project) PD in FYWP 4 Ustick Road, Locust Grove to Meridian Ustick Road' Locust Grove to 2015 in FYWP 5 Leslie Way (Eagle/SH-55) 2014 i n FYWP (slip 6 Ustick Road, Duane project) Drive/Eagle le to Cloverdale Not in FYWP 7 Linder Road, Ustick to McMillan CIP = 2019-2027 Not in FYWP CIP = 2019-2027 but 8 Ten Mile, Ustick to McMillan unfunded; ROW preservation only TTF Action / Change from last year's project position Remove; remainder of project is in 2011 budget. Move project up to #1 roadway priority. Remove, project is in 2011 budget. NC NC Moved up three spots Moved up three spots Moved up three spots Moved down 4 spots Moved up two spots Page 6 project is regionally significant and in TIP/STIP NEW Recommend moving down 9 spots; intersection should help Recommend moving down 10 spots; doesn't score well NC NC KO NC NC NC CIP = 2019-2027 Ten Mile Road, McMillan to but unfunded; ROW 9 Chindenreservation only Y Not in FYWP Linder Road Overpass* CIP = 2019-2027 but 10 (Overland to Franklin unfunded; ROW preservation only PD in FYWP Franklin Road, Black Cat to Ten 11 Mile Noit in FYWP Locust Grove, Fairview to CIP = 2019-2027 but 12 Ustick unfunded; ROW preservation only Not in FYWP 13 Eagle, Victory to Amity CIP = 2014 - 2018 Pine Avenue, Meridian to Not in FYWP or CIP 14 Locust Grove Not in FYWP Locust Grove Ustick to CIP = 2019-2027 but McMillan n unfunded; ROW preservation only CN 2013 for center Fairview Avenue Meridian to medians only; 16 Locust Grove widening is OF in FYWP CN 2013 for center Fariview Avenue, Locust Grove medians only; 17 to Eagle 9 widening is OF in g FYWP 18 Linder Road Franklin to Cherry OF in FYWP Not in FYWP Meridian Road, Ustick to CIP = 2019-2027 but 19 McMillan unfunded; ROW preservation only Not in FYWP Meridian Road, Fairview/Cherry CIP = 2019-2027 but 20 to Ustick unfunded; ROW preservation only project is regionally significant and in TIP/STIP NEW Recommend moving down 9 spots; intersection should help Recommend moving down 10 spots; doesn't score well NC NC KO NC NC NC Page 7 NC NC ACHD priority corridor NC ACHD priority corridor NC NC NC scores well technically NC NC NC I-84 detour route recommend moving down toward bottom of list (was #6 roadway priority) NC NC NC NC McMillan, Locust Grove 35 NEW to Eagle OF in FYWP NEW Not in FYWP Meridian Road, McMillan to CIP = 2019-2017 but 21 Chinden unfunded; ROW reservation only Not in FYWP 22 Ustick Road, Linder to Meridian CIP = 2019-2027 Not in FYWP 23 Ustick Road, Ten Mile to Linder CIP = 2019-20127 Linder Road, McMillan to Not in FYWP 24 Chinden CIP = 2019-2027 CN 2011; Not in 25 Ten Mile Road, Overland to FYWP— Victory CIP = 2019-2027 UF in FYWP 26 Linder Road, Cherry to Ustick Not in FYWP or CIP Locust Grove, Overland to 27 Ami 2 miles Amity ( ) CN 2013 for center 28 Cherry Lane, Linder to Meridian medians only; widenin9 is not in FYWP or CIP Not in FYWP Franklin, McDermott to Black CIP = 2019-2017 but 29 Cat unfunded • ROW reservation only Not in FYWP or CIP 30 E. 3rd Connection Not in FYWP or CIP 31 Broadway Avenue Rail Corridor Not in FYWP or CIP 32 Preservation Utilization CN 2013 for center medians only;widening 33 Fairview, Eagle to Cloverdale is not in FYWP or CIP Franklin, Touchmark to CN 2012 34 Cloverdale NC NC ACHD priority corridor NC ACHD priority corridor NC NC NC scores well technically NC NC NC I-84 detour route recommend moving down toward bottom of list (was #6 roadway priority) NC NC NC NC McMillan, Locust Grove 35 NEW to Eagle OF in FYWP NEW Page 8 Intersection Priorities City's Priority Project Status Rank 1 Ten Mile/Ustick CN 2012 CN 2012 2 Linder/Pine T..., Mil.n//24.or.elina SFR DSN 2015 3 Ten Mile/Victory ROW PD CN OF McMillan/Locust Grove CN 2011 2015 in FYWP 4 Locust Grove/Ustick 5 Locust Grove/Victory OF in FYWP Removed from FYWP when temporary 6 Meridian/Ustick signal was constructed. CIP = 2019-2027 PD in FYWP 7 Black Cat/Franklin OF in FYWP 8 Black Cat/Cherry Not in FYWP 9 Black Cat/Ustick CIP = 2019-2017 but unfunded; ROW reservation only OF in FYWP 10 Ten Mile/Amity 11 Overland/Linder Not in FYWP or CIP TTF Action since 2009 (changes since 9/14 recommendation in red) #1 intersection #2 intersection priority. Must be done before Phase 2. (up 2 spots) down 1 spot; down 11 more spots to be grouped with other Ch i nden intersections down 1 spot; up one spot Remove; project is in 2011 budget; up one spot NC; up one spot NC; up one spot NC; up one spot NC; up four spots NC; up four spots NC; up four spots NC; up four spots NC; up four spots 12 NEW Eagle/Amity Not in FYWP or CIP NEW; up four spots Page 9 Down 1 spot; down 11 spots NC; down 6 spots NC; down 6 spots NC; down 6 spots NEW NEW NEW NEW NEW NEW In addition to ranking the need of the projects (tables above), ACHD is asking each city and the county to submit narratives for a few of the higher priority projects. You may recall that with the new scoring and ranking process at ACHD additional points maybe awarded for projects that have other important factors that are not part of the technical scoring criteria. For example, if there is imminent economic development that will be realized, or if a project is on a VRT bus route, or if the City has infrastructure projects planned (e.g. — sewer main, water line, etc.) in their CIP, or if there are matching/partnership funds, those are projects where narratives can "bump" a project up. The TTF has not made a final recommendation on which projects should have narratives, but they did discuss the Split Corridor Phase II project, and the Linder Road Overpass project as two that could be good candidates. Does the Council have any projects that you would like Staff to prepare narrative for? Again, I would like to limit the number of narratives to about five; the CICAC has committed to score only three per City/County. Additionally, are there any points, observations, statements or other messages that the Council would Staff to include in the cover letters, as we send to ACHD, COMPASS and ITD our priority lists? Not in FYWP 13 Ten Mile/Chinden 14 Chinden/Meridian Not in FYWP, CIP or TIP 15 Chinden/Locust Grove Not in FYWP, CIP or TIP Not in FYWP CIP = 2014-2018 16 Chinden/Linder +++Developer Cooperative Project at ACHD Not in FYWP or CIP 17 NEW Chinden/McDermott Not in FYWP or CIP 18 NEW Franklin/McDermott 19 NEW Black Cat/McMillan Not in FYWP or CIP Not is FYWP or CIP 20 NEW McMillan/McDermott Not in FYWP of CIP 21 NEW Ustick/McDermott Not in FYWP or CIP 22 NEW Cherry/McDermott Down 1 spot; down 11 spots NC; down 6 spots NC; down 6 spots NC; down 6 spots NEW NEW NEW NEW NEW NEW In addition to ranking the need of the projects (tables above), ACHD is asking each city and the county to submit narratives for a few of the higher priority projects. You may recall that with the new scoring and ranking process at ACHD additional points maybe awarded for projects that have other important factors that are not part of the technical scoring criteria. For example, if there is imminent economic development that will be realized, or if a project is on a VRT bus route, or if the City has infrastructure projects planned (e.g. — sewer main, water line, etc.) in their CIP, or if there are matching/partnership funds, those are projects where narratives can "bump" a project up. The TTF has not made a final recommendation on which projects should have narratives, but they did discuss the Split Corridor Phase II project, and the Linder Road Overpass project as two that could be good candidates. Does the Council have any projects that you would like Staff to prepare narrative for? Again, I would like to limit the number of narratives to about five; the CICAC has committed to score only three per City/County. Additionally, are there any points, observations, statements or other messages that the Council would Staff to include in the cover letters, as we send to ACHD, COMPASS and ITD our priority lists? Page 10 ITD Projects In 2009, the City prioritized ITD roadways as follows: 1) Meridian Road Interchange Rebuild, 2) Linder Road Overpass, 3) Widen 20/26, 4) Eagle Road Corridor Improvements, and 5) SH -16 Extension. The TTF recommends moving up the 20/26 project to number two on the priority list and moving the Linder Road Overpass down to number 3. The TTF's recommendation for ITD/State priorities is as follows: 1) Meridian Road Interchange Rebuild, 2) Widen 20/26, 3) Linder Road Overpass, 4) Eagle Road Corridor. Improvements, and 5) SH -16 Extension. During the September 16th meeting, the TTF did discuss calling out all of the intersections on US 20/26 as priority projects. Does the City Council want to include State intersections on our priority list? ENILDIAN___�, September 30, 2010 Sherry R. Huber ACHD Commission President Ada County Highway District 3775 Adams Street Garden City, ID 83714 Dear Commissioner Huber: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba On behalf of the City of Meridian please find attached applications for Community Program projects within Meridian. I would like to thank ACHD for the opportunity to submit these applications and for investing in pedestrian projects in the community. Recently we have seen some great Community Program projects completed in Meridian. Namely the HAWK signals on Linder Road near Sawtooth Middle School and Tully Park, and the Red Horse/McMillan signal. These improvements greatly enhance the safety of our residents, particularly youth and other non -drivers. We thank you for those projects and look forward to the completion of other Vehicle Registration and Community Program projects in Meridian. While composing the list of project requests for this year, special attention was given to projects on school routes, on the City's pathway network, and downtown. Again this year, Meridian's Transportation Task Force (TTF) worked with Joint School District #2 and members of the City's Parks and Recreation Commission in composing the priority list of Community Programs projects. The City also worked closely with ACHD staff who attended the TTF meetings recently. We greatly appreciate ACHD staff involvement and assistance in crafting the list of priorities for this year. I would like to note that the City believes all of the applications attached, and all of the applications we submitted last year, are important. The City now has a request list of 26 Community Program projects, 9 of which are new this year. We do not view the projects on our request list as enhancements, but rather necessities that will create a safe, efficient, and accessible pedestrian and bicycle network for residents in the community. As part of this process, the Meridian City County endorsed the attached Community Programs projects. Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Commissioner Huber Page 2 As always, thank you for considering our projects in the upcoming planning, programming and scoping processes. If you have any questions regarding this information, contact Caleb Hood with the City of Meridian Planning Department at 884-5533. Sincerely, Tammy de erd Mayor TDW/ch Enclosure cc: Justin Lucas, ACHD Senior Transportation Planner City of Meridian Community Programs Priorities Priority Rank Project Comments Project (2009 Status Rank In house design currently under way at ACRD. Carlton, 1 st to Main, is a related/concurrent project moving forward Washington, NW on same schedule. These projects, along with Carlton, W. 1 (1) 5th to Main 8th to W. 4th, will create full usable system from Meridian CN 2013 Middle to Meridian Elementary and on to Cole Valley School. Please keep both on track and coordinate with Split Corridor Phase 2, or before if possible. Only missing piece of sidewalk on the south side of Ustick in the mile between Ten Mile and Linder is in front of Malone parcel. Only gap in sidewalk system to Ustick, Ponderosa Elementary west of the Ten Mile Sidewalk is in Ponderosa front of an ACHD-owned parcel on the SWC of Ten Ustick, 2 (2) Elementary to Mile/Ustick. Would tie into improvements recently Niemann to Linder constructed at Ustick/Linder intersection. Improvement in Linder in DSN front of these two parcels creates continuous sidewalk system between Ponderosa Elementary and Sawtooth Middle and removes safety busing requirements. Sidewalk only; no curb, gutter, etc. requested. East 2 1/2, Connect to Cole Valley School. Meridian Elementary (less 3 (3) Fairview to than'/2 mile), Post Office (1/8 mile), Cole Valley Christian CN 2013 Carlton School (abutting), and other downtown gathering and destination points are near the project. Carlton, W. 8th to East -west route between Meridian Elementary and W. 4th; North to Meridian Middle schools, with extension across Broken into 2 4 (4) Washington at Meridian/Main to Cole Valley. Project ties in to facilities on phases; DSN NW 4th W. 8th Street and connects to improvements planned on 2011 Washington/Carlton (Priority Rank 1). Two parcels prevent continuous sidewalk, one federal owned, the other a private property owner. Narrow DSN, ROW 5 (5) Eagle, Zaldia to shoulder - high speed, high volumes of traffic. Children & CN Victory walk to/from Sienna Elementary along this route. Regional in 2011 City Park is within % mile. Please complete with Eagle, Victory to Ridenbau h project. Southern half of segment west of roadway needs W. 8th, Pine to sidewalk; entire east side needs sidewalk. Route for both 6 (6) Carlton students at Meridian Elementary and Meridian Middle. DSN 2011 Cherry to Camellia working on north side of sidewalk infrastructure via stimulus funds in 2010. Create connection from Fairview to Meridian Elementary, and south across Pine. May require pedestrian crossing at Broken into 3 7 (7) W. 4th, Broadway Pine. Existing pole and flashing school zone light/sign at phases; phase to Maple Pine/W. 2nd; striped crosswalk at Pine/W. 1st. Adjacent I DSN 2011 to Meridian Elementary, within % mile of Meridian Middle school. City of Meridian Community Programs Priorities West side of roadway — extension needed for connection to existing sidewalk approaching Meridian Elementary 8 (8) W. 1st, Pine to school. W. 1St at Pine is designated elementary crossing ??? Broadway with guards; main entrance for buses and parking. Partial sidewalk exists, but block between Idaho and Broadway missing; other portions substandard. 9(g) Broadway, W. 7th North side of roadway to use existing (disconnected) DSN 2011 to Meridian sidewalk. Sidewalk needed on west side of roadway. Three parcel Locust Grove, connection needed (LDS Church, Alpha and Allmon) to tie 10 (10) McMillan to existing segments together. Central Academy and Scoped Chinden Foundations Academy are within % mile. Shoulder along Locust Grove is not very wide. One parcel on north side preventing entire mile (Locust McMillan, Grove to Eagle) from being continuous sidewalk. With 11 (11) Schubert to regional park at Eagle/McMillan this gap needs filling. If Scoped; Schumann right-of-way for sidewalk in ultimate location does not ROW needed exist, please consider interim improvements as maintenance project. No good pedestrian connections from subdivisions on S. Locust Grove west side of Locust Grove Road to Sienna Elementary, 12 (12) at Palermo west of Eagle Road. Add flashing lights/ped signal, JSD#2/ACRD? crosswalk and signage across S. Locust Grove at/near E. Palermo add short section of sidewalk). 500' -gap in sidewalk between Observation Point and the Victory, convenience store on the Meridian/Victory intersection. 13 (13) Obsevation Pt. ROW necessary for project should currently exist. No Scoped: Out -Parcel nearby school, but neighborhood (Observation Point is the ROW needed HOA) has requested this project as the residents do frequently walk to the nearby services via this route. One property gap on east side of Meridian Road, betweenUstick and McMillan. Gap is 100' long; not 4010 Meridian enough ROW to construct sidewalk in its ultimate location. 14 (14) Road - Out- Settlers Park is within % mile. Children attending Heritage Scoped: Parcel Middle School from the south do travel this route. Please ROW needed consider interim improvements as maintenance project; ultimate right-of-way does not exist to accommodate request. Developer is required to construct sidewalk adjacent to Meridian, this future phase of Ventana Subdivision. But it may be a DSN & CN 15 (15) Heritage MS to long time before development occurs. Request for 2011 Ventana temporary connection as school is directly to the south of this site and many kids walk this stretch of roadway. Ridenbaugh North of Victory, need a pedestrian crossing of Eagle 16 (23) Pathway/Eagle Road at the Ridenbaugh Canal. Add signage, stripe NEW Rd. Crossing cross -walk, install solar in -pavement flashers, HAWK signal, etc. City of Meridian Community Programs Priorities Five Mile Creek Connect Bud Porter Pathway with Fairview Ave. via 17 (20) Path - Meridian James Court. Add signage, widen existing pathway to 10' NEW Rd./Lakes Ave. at James Court, stripe on -street crosswalk and install solar in -pavement flashers, HAWK signal, or other. The project proposes a 5 -foot -wide attached sidewalk with curb and gutter on the south side of Carlton Avenue from 1st to Main. The project seeks to increase sidewalk 18 Carlton, W. connectivity for pedestrians and will maintain on -street (NEW) 1st/Main parking as a neighborhood amenity. The sidewalk will be NEW built within ACHD right-of-way. This project will create a Safe Route to School connection for Meridian students by providing pedestrian facilities to Cole Valley Christian School. 19 Install HAWK signal at Franklin/E. 3rd (Storey Park) and (NEW) E. 3rd and Ada St stripe bike lane/route on both sides of E. 3`d and Ada NEW Street to Main. Part of bicycle route for downtown. Phase II of Fairview to Pine pathway along Five Mile Five Mile Creek Creek. Extension of CDBG project along north side of 20 (25) Pathway - Pine Pine and Five Mile Creek. Construct pathway on north NEW Ave Extension side of Pine. Ped crossing needed. Additional improvement needed on Pine from Downtown to Locust Grove for pedestrian/bicyclist safety. 21 Linder, RR to Fill in the gaps in the sidewalk on the west side of the NEW (NEW) Franklin roadway, between the railroad tracks and Franklin Road. 22 Linder, south of Fill in the gaps on the east side of the roadway. Very small (NEW) Franklin (Gander amount of sidewalk could make a continuous connection NEW St.) from the Franklin/Linder intersection. Pine Avenue, There is a gap in the sidewalk on the north side of Pine 23 across from Avenue, between Mineral Wells Avenue and Rotan (NEW) Merrywood Avenue. There are many children that walk to Meridian NEW Subdivision High in this area. This gap in infrastructure is about 850' long. Between Linder and Ten Mile there is a small gap in the sidewalk on the south side of McMillan (between 24 2695 McMillan Bridgetower and Caymus Cove Subdivisions). This gap is (NEW) Road only about 30' long and is part of the `flag" of a county- NEW zoned parcel. This gap would create continuous sidewalk on the south side of McMillan between Ten Mile and Linder. McMillan, Need pedestrian access to/from Hunter Elementary 25 (16) Goddard Creek across McMillan. Children in this area also attend Scoped to Palatine Sawtooth Middle School. Please consider new cross -walk to access school south of McMillan Locust Grove, Paradise to Interim/temporary connection (Paradise to Red Rock) Interim Construciotn 26 (17) Settlers Bridge constructed in 2010. Please keep long-term solution on Complete Sub. radar for more permenant fix in the future. 2010 Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 10D PROJECT NUMBER: ITEM TITLE: Public Works: Water Conservation Plan Development MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS C EN DIAN�-- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek, PE Assistant City Engineer DATE: August 2, 2010 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Request for September 14 City Council Meeting Agenda Item Under Department Reports: Water Conservation Plan Development DEPARTMENT CONTACT PERSONS Kyle Radek, Asst. City Engineer 489-1343 Warren Stewart, Engineering Manager 489-1350 Tom Barry, Public Works Director 489-1372 II. DESCRIPTION A. Back rg ound The 2010 update to the City's Water Master Plan is underway. A common component found in Water Master Plans is a Water Conservation Plan. Meridian has never developed a formal Water Conservation Plan. This task was added to the City's 2010 update. City staff will be largely responsible for implementing the plan, and are taking a lead role in its development. A key component of the development of the Water Master Plan is public participation. Staff intends to seek out community members for a working group that will assist in developing goals, objectives, and strategies that can be recommended to City Council for inclusion in the Water Conservation Plan. Page I of 2 III. IMPACT A. Strate ig c Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. This particular project focuses on ensuring that our resources are conserved to be able to meet the needs of our community into the future. B. Service/Delivery Impact: Development of the Water Conservation Plan has no immediate effect on service. C. Project Costs: No additional costs are required. Cost for the Water Conservation Plan portion of the Water Master Plan consists of staff time and some input and review from the project consultant. The scope of the Water Master Plan Update has already been budgeted and approved by City Council. Approved for Council Agenda:i-cv- Warren Ste art, Engineering Manager ate Page 2 of 2 C :J t1 w tA •• '` t:+. �+. of �= gr i a.,..4. AZ C � E � G� w ��' C.fis,r �: °' �' �r ,3 �•r V �.I.� ^ ,i,y � � �/ .� ^ t, "J ri 14% !7 (,1 QC ti� ` � �•�i .,1 � s � � � ,�� , � � �/ � �"•*-4 ' �}' '� .i+ ►`a i► Aito �U �w '� �J tl Qr it • vJ }fi r. r- rCl .7 S p .J s} JPpc.... i{ � f ' J r too � i � �•> � ��a oC6 Poo ,r I• r x� r 0-7 r o � L. a) LL M r� ct ct CCS ct ct �' � $:j � 1:1 bjD 4--J 4-j ct bjD ;z $:j rmmq 4-j ct rz� u ct L. a) LL M r� sm M, I lot (D 0 or+ ol r+ r+ �:l rmim CD ound 0 PL r+ �-d C) aid a�P�j (D � CD o r+ cn cn (D r,. -a r+ n P.j cn cn c (D�cn�J r+ cD Ci cn cD rmim CD rm+ 0 a �-d aid P (D o cn (D r+ n ,t cn c� r+ cD Ci cn cD rn 0 r^ N VL M N 1> N V0 N O O " L O N O a �p o d O °- m M CL o N O C N O o N O O N V L 0 N O O O N V 0 N 0 N N N N N O O O O O O O O 0 0 0 0 0 0 0 0 O O O O O O O O 0 � 0 L 0 LO N 0 M co N N rl- T (suolle6) pedwnd ownlon •1�1 r� O cl� ct bj0 WD . F..4 v� ct O V ct . .-.r Ct En bk ct a� O 4--1 O c� � u c� c� � (D Cf) � � Immd e � � � � � � ® � � � Pmod e P�A ® � I � � � � � Cl) � , � ® � � � Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 11 A PROJECT NUMBER: ITEM TITLE: First Reading of Ordinance No. M— `i �� : Texting While Driving MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS rea-d % rv( °I l ag may, 1 CITY OF MERIDIAN ORDINANCE NO. 'I D — Iq S-7 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING TITLE 7, CHAPTER 1, SECTION 9 OF THE MERIDIAN CITY CODE, REGARDING IMPOUNDING OF VEHICLES; AND REPLACING WITH A NEW TITLE 7, CHAPTER 1, SECTION 9, REGARDING TEXTING WHILE DRIVING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by the passage of Idaho Code section 49-1819, effective July 1, 2010, the Idaho legislature expressly preempted municipal code provisions regarding towing of vehicles; and WHEREAS, in recent years there has been a proliferation of drivers who choose to use cellular telephones or other wireless electronic devices to write, send, and/or read text -based communications, while driving motor vehicles; and WHEREAS, distractions caused by such devices, including the act of texting while driving significantly impair drivers' reaction time, increase crash risk, and has in fact resulted in traffic accidents, injuries, and deaths within the City of Meridian, particularly among less experienced drivers; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to prohibit drivers within the City limits from engaging in text messaging while driving in order to improve roadway safety for all vehicle operators, passengers, bicyclists, pedestrians, and other road users; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 7, Chapter 1, Section 9 of the Meridian City Code is hereby repealed, and shall be replaced with language to read as follows: 7-1-9: TEXTING WHILE DRIVING PROHIBITED: Texting while operating a motor vehicle while such vehicle is in motion shall be prohibited. A first and/or second violation of this section shall be an infraction, punishable by a fine of seventy-five dollars ($75). A third and/or subsequent violation of this section shall be a misdemeanor, punishable by a fine of up to three hundred dollars ($300), or by imprisonment in the county jail for up to ninety (90) days, or both such fine and imprisonment. "Texting," as it is used in this section, shall be defined as engaging in the review, preparation, and/or transmission of a typed or pictorial message via a wireless, handheld device. This definition shall not include: the use of a voice -operated or hands-free device to review, prepare, and/or transmit a message without the use of either hand except to activate, deactivate, or initiate a feature or function of such voice -operated or hands-free device; the use of any device to dial a TEXTING WHILE DRIVING ORDINANCE PAGE 1 OF 2 telephone number, initiate a telephone call, and/or verbally communicate; or the use of a mobile data terminal by law enforcement, fire, or emergency medical personnel while acting in the course and scope of their duties. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective on November 1,.2010. PASSED by the City Council of the City of Meridian, Idaho, this day of 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2010. APPROVED: Tammy de Weerd Mayor ATTEST: Jaycee Holman City Clerk TEXTING WimE DRIVING ORDINANCE PAGE 2 of 2 Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 11 B PROJECT NUMBER: ITEM TITLE: Ordinance No. 1�- 1 � 5 U : Board of Adjustment MEETING NOTES ved CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. 10 — ly'5 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, AND ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN PROVIDING FOR A NEW CHAPTER, CHAPTER 7, OF TITLE 2 OF THE MERIDIAN CITY CODE, RELATING TO THE ESTABLISHMENT, DUTIES AND POWERS, MEMBERSHIP, ORGANIZATION, MEETINGS, AND HEARING PROCEDURES OF THE BOARD OF ADJUSTMENT, AND RIGHT TO APPEAL; REPEALING TITLE 9, CHAPTER 1, SECTION 17 OF THE MERIDIAN CITY CODE REGARDING THE BOARD OF APPRAISERS AND REPLACING WITH A NEW TITLE 9, CHAPTER 1, SECTION 17, RELATING TO DISPUTE RESOLUTION, BOARD OF ADJUSTMENT; AMENDING TITLE 9, CHAPTER 1, SECTION 19, RELATING TO ESTABLISHMENT OF METER INSTALLATION FEES; AMENDING TITLE 9, CHAPTER 1, SECTION 219 RELATING TO TERMINATION OF SERVICE, NOTICE, AND RIGHT TO HEARING; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian finds that the existing Board of Appraisers, as established in Title 9, Chapter 1, Section 17 of the City Code no longer adequately serves the needs of the citizens of Meridian; and WHEREAS, the City Council of the City of Meridian seeks to create an organized and efficient dispute resolution process for handling disputes, objections, or adjustments related to water user accounts, statements and/or permits including, but not limited to, non- payment and shut-off of service, assessment fees, monthly user charges or other fees established by Title 9 of the City Code, regarding water use and service; and WHEREAS, the City Council of the City of Meridian finds that establishing a Board of Adjustment to resolve customer disputes related to water -usage accounts, statements and/or permits will result in improved customer service; and WHEREAS, the City Council of the City of Meridian finds that setting forth the provisions relating to the establishment, duties and powers, membership, qualifications, terms, vacancies, organization, financial regulations, and meetings of the Board of Adjustment to hear such disputes will promote the efficiency and function of said Board. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That Title 2, Chapter 7 of the Meridian City Code shall read as follows: BOARD OF ADJUSTMENT ORDINANCE PAGE 1 OF 12 Chapter 7 BOARD OF ADJUSTMENT 2-7-1: ESTABLISHMENT: There is hereby established a Board of Adjustment, for the purpose of hearing disputes, objections or requested adjustments by an authorized water user related to water user accounts, statements and/or permits including, but not limited to, non-payment and shut-off of water service, assessment fees, monthly user charges or other fees established by Title 9 of the City Code regarding water use and service. 2-7-2: DUTIES AND POWERS: A. The Board of Adjustment shall be authorized to: 1. Propose to Cit y Council for approval the rules of procedure for conducting hearings by the Board of Adjustment. 2. Hear and decide disputes, objections, or appeals related to authorized water user accounts, statements, and/or permits including, but not limited to, non-payment and shut-off of water service, assessment fees, monthly user charges or other fees established by Title 9 of the City Code regarding water use and service. B. The Board of Adjustment shall not be authorized to accept payment of any monies; the Board shall direct all payments to be made directly to the City Finance Department. 2-7-3: MEMBERSHIP: A. Membership: 1. The Board of Adjustment shall consist of at least three (3) members, but no more than five (5) members. 2. Members of the Board of Adjustment shall be appointed by the Mayor and approved by City Council on a vote of a majority of the City Council members, and Board members may, in like manner, be removed. 3. All members of the Board of Adjustment and the officers thereof shall serve without salary or compensation. The City shall provide the necessary and suitable equipment and supplies to enable the Board to properly transact and attend to its business. B. Qualifications: Members of the Board of Adjustment shall include the Director of the Public Works Department or designee; the City Attorney or designee, and at least one (1) citizen of Meridian, but no more than three (3) citizens. BOARD OF ADJUSTMENT ORDINANCE PAGE 2 OF 12 C. Citizen Terms: Citizen members of the Board of Adjustment shall serve three-year terms. Where two or more citizens are initially appointed to the Board of Adjustment, such citizens' respective terms shall initially include one seat with a one-year term; one seat with a two-year term; and all remaining citizen seats shall be three-year terms. Citizen members wishing to serve additional terms must submit. a letter of interest to the Mayor thirty (30) days prior to the term's expiration. Reappointments shall be made at the discretion of the Mayor, with confirmation by the City Council. D. Vacancies: Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. 2-7-4: ORGANIZATION: The Board of Adjustment shall annually elect one member as Chair. The Board may select and elect such other officers as it deems necessary. 2-7-5: MEETINGS: The Board of Adjustment shall not meet regularly, but shall convene upon scheduling and notice by the City Clerk following receipt of a written Request for Hearing as set forth in this chapter. The Board of Adjustment shall convene to conduct such hearings at 3:00 p.m. on the third Wednesday of the month at the Meridian City Hall, 33 East Broadway, Meridian, Idaho. All meetings of the Board of Adjustment shall be open to the public, and shall comply with Idaho open meeting laws. Additional meetings of the Board of Adjustment may be scheduled by the Board as necessary to carry out the business of the Board. 2-7-6: HEARING PROCEDURES: A. An authorized water user may request a hearing before the Board of Adjustment regarding any dispute or objection related to such authorized water user's account, statement, and/or permit including, but not limited to, non-payment and shut-off of water service (pre -termination hearing), assessment fees, monthly user charges or other fees established by Title 9 of the City Code regarding water use and service by complying in all respects with the procedures set forth in this section. B. The authorized water user requesting a hearing before the Board of Adjustment (hereinafter "Hearant") shall submit a written Request for Hearing to the City Clerk. Such Request for Hearing shall include Hearant's name, mailing address, telephone number, e-mail address, and water account number and address; names and contact information of other interested or involved parties; and a description of the matter(s) to be brought before and considered by the Board of Adjustment. C. Upon receipt of a complete Request for Hearing, the City Clerk shall schedule the matter for hearing at the next meeting of the Board of Adjustment, except that a Request for Hearing that is received after 3:00 p.m. on the second Wednesday of the BOARD OF ADJUSTMENT ORDINANCE PAGE 3 OF 12 month shall not be heard until the third Wednesday of the following month. Within two (2) working days of scheduling the hearing, the City Clerk shall mail notice thereof to the Hearant and to all known interested or involved parties in addition to the general notice provisions of Idaho open meeting laws. D. On the date and time duly noticed for hearing, the Board of Adjustment shall conduct a fair and impartial hearing on the matter brought by Hearant. Hearant shall be afforded the opportunity to confront witnesses, to present credible evidence, to personally appear and be represented and/or accompanied by an advisor or other legal representative, to be judged on facts adduced at the hearing, and to otherwise be heard on the matter before the Board of Adjustment. E. The Board of Adjustment shall maintain a record of all hearings conducted and actions taken. F. The Board of Adjustment shall provide Hearant with an oral decision at the conclusion of the hearing, which decision shall include the Board of Adjustment's general findings of fact and conclusions of law in support of its decision. The Board shall declare the payment of any money deemed owed to the City due and payable to the City Finance Department immediately or by a date certain, as appropriate. The Board shall also verbally and on the record inform the Hearant of his or her right to appeal the Board's decision to the City Council. G. The Board of Adjustment shall prepare a written decision including its findings of fact and conclusions of law. The Chair shall mail the written decision to Hearant within two (2) working days of the conclusion of the hearing. 2-7-7: RIGHT TO APPEAL: A. A limited right of appeal to the City Council shall be available to a Hearant who receives an adverse decision by the Board of Adjustment and complies in all respects with the procedures set forth in this section. B. Within three (3) working days of the conclusion of the hearing before the Board of Adjustment, the Hearant shall file with the City Clerk: 1. A written Notice of Appeal, including Hearant's name, mailing address, telephone number, e-mail address, and water account number and address; names and contact information of other interested or involved parties; and a statement of the basis for the appeal, including specific objections to the Board of Adjustment's findings of fact and/or conclusions of law; and 2. A cash or check deposit in the amount determined by the Board of Adjustment to be due and payable. BOARD OF ADJUSTMENT ORDINANCE PAGE 4 OF 12 C. Upon timely receipt of a complete Notice of Appeal, the City Clerk shall schedule the appeal for hearing before the City Council within thirty (30) calendar days. The City Clerk shall provide notice of such hearing to the Hearant and to all known interested or involved parties. D. On the date and time duly noticed for hearing before City Council, each party may make a brief statement to City Council. No new evidence shall be presented; City Council shall decide the matter upon consideration of the record of hearing before the Board of Adjustment. E. City Council may affirm, overturn, or modify the decision of the Board of Adjustment. City Council shall overturn or modify the decision of the Board of Adjustment only where the Board's findings of fact are not based upon substantial evidence or the conclusions of law are erroneous. City Council may order that Hearant's deposit be forfeited to City or refunded less any adjustments. City Council may order that the payment of any additional money deemed owed to the City be due and payable to the City Finance Department by a date certain. The decision of the City Council shall be final. Section 2: That Title 9, Chapter 1, Section 17 of the Meridian City Code is repealed, and shall be replaced with language to read as follows: 9-1-17: DISPUTE RESOLUTION; BOARD OF ADJUSTMENT: The Board of Adjustment, as established in Title 2, Chapter 7 of the City Code, shall be delegated the duty of hearing disputes, objections or requested adjustments by an authorized water user related to water user accounts, statements and/or permits including, but not limited to, non-payment and shut-off of water service (pre -termination hearing), assessment fees, monthly user charges or other fees established by Title 9 of the City Code regarding water use and service. The Board of Adjustment shall conduct hearings according to the procedures set forth in Title 2, Chapter 7 of the City Code. Section 3. That Title 9, Chapter 1, Section 19 of the Meridian City Code shall be amended to read as follows: 9-1-19: MONTHLY RATES: A. User Fees: All owners who r eceive or have the right to receive the benefit of the municipal water system shall, in return for said benefit, pay monthly user fees as established by resolution of the city council. The monthly user fee shall be based on the amount of water used and the amount of fire and health protection provided by the municipal water supply system. BOARD OF ADJUSTMENT ORDINANCE PAGE 5 OF 12 2. Monthl y fixed cost fees and user fees shall be established by resolution of the city council. 3. Each owne r will pay a monthly user fee based on the quantity of water used. Each owner shall pay, as full compensation for the benefits derived from the municipal water supply system, the fees as established by resolution of the city council. Should an owner request a city water service line to be disconnected, for any reason, there shall be no fee paid to the city. However, the owner must request the city to place the line back in service. There will be a charge as established by resolution of the city council associated with the reactivation of the existing service line. All monthly water rates will be charged against the property for which the city water service line is installed. The owner of record is liable for that amount, which must be paid before the water service is resumed. In the event an owner leaves an unclaimed balance in his account, that amount shall be kept for six (6) months after which time it shall revert to the enterprise fund of the city. B. Fees For Water Use: 1. The fe es for water use shall be as established by resolution of the city council. 2. I n case a water meter fails to register correctly the water used, the owner shall pay for the water on the basis of the average reading of the meter for the previous three (3) months. Water meter installation fees shall be as follows: a. For all meters installed, the fee shall be set by resolution of the city council the board of appraisers. All installed meters shall be property of the city. b. Meter ad apter and radio read transmitter units fees as established by resolution of the city council. C. Private Fire Service: 1. Available onl y on flat rate when used for fire protection only; owner to install all lines to the city mains at their expense. All connections to be supervised by the city and to conform to city requirements and the uniform plumbing code. The flat rate fees shall be as established by resolution of the city council. 2. All private fire s ervice lines shall be equipped with sealed gate valve or thermal automatic openings. 3. Private fire se rvice lines shall be used for fire control only. Any other use is unlawful. D. Number Of Equivalent Residential Units Per Use: Assessment fees for new water users, other than single-family residential, shall be based on the number of equivalent residential units (ERUs) listed in table 3 of this section, unless other acceptable means BOARD OF ADJUSTMENT ORDINANCE PAGE 6 OF 12 of determining ERUs are used. Other acceptable means may include the uniform plumbing code "fixture unit" method or examination and analysis of historical consumption records of similar facilities within or outside the city of Meridian. TABLE 3 EQUIVALENT RESIDENTIAL UNITS Drugstore Dry cleaners 2 2 BOARD OF ADJUSTMENT ORDINANCE PAGE 7 OF 12 Number Of Minimum Classification ERUs ERUs _.................................................... ....... _.._................ _.._.._....................__ _ ..__...__........._..._.... ............... ........._........:..._............. .... Apartment ........... _........ _._.................... _.... _........ ---- ....... .......................... ......................:__... ... ................ ..... ....... See Multiple living unit Bank 2 Bar 2 i Barbershop, per chair FO5 1.0 Beauty salon, per operator station 0.5 1.0+ Bowling alley, per lane � 0.2 1.0 Cafe, per customer seating capacity 0.1 ; 2.0 ............._........................................_............................._......_.........._.........._..._.........................................................._......._................................................... Car dealer ....................__..................................................... ._...F................._._ ...... __.__......._ 2 ' Car wash (to be computed on an individual - basis) I Church 2 Club, private 2 Drugstore Dry cleaners 2 2 BOARD OF ADJUSTMENT ORDINANCE PAGE 7 OF 12 Duplex _ [See Multiple living unit Fourplex See Multiple living unit Garage Grocery store See Retail food store Hospital, per bed � � _ 0.15 Industry: r- _ Major contributing industry (as per separate F agreement) 'i ..... .......................... ...... _...... _.......:------.__.....:_._...._....___......._..........._............. Minor contributing industry (as per separate ............. .................. ........._............_,_........._.._......_....... __...... - agreement) Laundries: Commercial (to be computed on an individual s basis) i Self-service: Up to and including 10 washing machines 4 Each washing machine in excess of 10 0.25 i Lodge or private club 2 i Mobile home court or park: E __..__....-......_.......................................................................................__........................._...................._._._.._.........................:........._._._ First space ........................ ............................................._........... 1 Each additional space, long term tenant type 1 j Each additional space, short term tenant type Mobile home or trailer house on own premises i 1 Motel, hotel, rooming house, etc.: With cooking facilities: , First unit 1 Each additional unit 0.5 BOARD OF ADJUSTMENT ORDINANCE PAGE 8 OF 12 Without cooking facilities: First unit 1 Each additional unit 0.25 Multiple living unit: Office building, for each 2,500 square feet of 1 gross floor space or fraction thereof Photo development lab I F� Railroad depot [2 I r— Restaurant, per customer seating capacity0.1 ( 2.0 .1 1 ................... 7--1- 4 Retail food store, for each 1,500 square feet of 1 gross floor area or fraction thereof i Retail store, for each 3,000 square feet of gross 1 floor area or fraction thereof I Schools, per each 50 students in average daily 1 attendance or fraction thereof Service station: Full service 14 Gas and restroom service only 2 With car wash (to be computed on an individual -�— basis) Single-family residence Swimming pool: Private, for each 500 square feet of pool water 0.25 surface area BOARD OF ADJUSTMENT ORDINANCE PAGE 9 OF 12 Public (to be computed on an individual basis) Tavern 12 Theater 2 _...... ........ ___.. Townhouse Trailer court or park: i First unit 1 Each additional space, long term tenant type 0.75 Each additional space, short term tenant type 0.5 .... ..... .............. ......... ............ .............. ......................... ...: __..._... ............ .... ............ .. __ .........._...._............................ ..... .................... .............. ............. .............................. ................................................ _..... .......... ...... .... ..................... Triplex See Multiple living unit ..................... . ...................... Variety store, for each 3,000 square feet of gross ! 1 floor area or fraction thereof E. Pass -Through Charge To User: The United States environmental protection agency has required the state of Idaho to test drinking water and the state of Idaho through the department of environmental quality, has passed the cost of such testing down to local governmental and private water suppliers. The city must pass the cost of such testing to the water users. Therefore, each water user shall be charged a monthly water assessment of twenty five cents ($0.25) until the department of environmental quality amends or retracts this testing charge. Section 4. That Title 9, Chapter 1, Section 21 shall be amended to read as follows: 9-1-21: DELINQUENCIES; CITY PROCEDURE: A. Termination of Service; Notice: Each month the municipal utility billing department shall furnish each water user a statement of the amount due for water and sewer and other charges for the preceding month or up to the time that the meter has been read; and if any water user does not pay the billing within fifteen (15) days from the date of the statement, the water user's account shall be delinquent. Water users shall be notified by regular mail of this delinquency and if the bill is not paid in full within ten (10) days after service of this notification on the water user, the right to water shall cease and terminate unless the owner requests a pre -termination hearing before the Board of Adjustment. Should the water user not request a pre -termination hearing, or if an adverse decision is rendered against the owner after a pre -termination hearing, the city may require the owner to pay the delinquent water bill attributable to the use, plus a BOARD OF ADJUSTMENT ORDINANCE PAGE 10 OF 12 turnon charge as a condition of resumption of water service, and in the event the water meter has been removed, a fee must be paid as a condition of resumption of water service. No allowance will be made for nonuse for less than one month. All corrections as to the charge and all abatements shall be made under the direction of the Board of Adjustment and shall be certified by the chief financial officer. B. Right to Hearing: 1. The city, in its delinquency notice to all water users and owners, shall inform them in writing of their right to a pre -termination hearing before the Board of Adjustment in accordance with Title 2, Chapter 7belew. If a pre -termination hearing is requested by any water user, the city will not discontinue water service to any water user prior to a fair and impartial hearing before the Board of Adjustment edwrMse be heard and defend the elaim made by the eity. The eity eetmeil shed! have the r-espensibility of holding pr-ewm_ hearings. The eity eeufteil shall deeisien in writing, givi the Feasens for- its de4eEminatien. in deeisiens adverse to the wateF user-, the eity eLnpij 4,A411 ififeEM the Wa4er- user- ef the right te appeal thee 2. Provided, however the city shall not initially deny or discontinue water service to any water user because of any delinquent water bill on that premises that is attributable to the prior owner. However, any and all unpaid water charges shall be a lien against the property as provided below. The city may initially deny water service to any water user who requests service at a new location when that water user has a delinquency at any previous location or premises. Provided, further, that the city shall not initially deny water service to any water user for whatever reason without informing the water user of the right to a hearing before the Board of Adjustment eity-eetmell-on the issue of whether the city can initially deny water services. In the case of an initial denial of water service, the city is not required to provide water service pending a hearing. However, a hearing upon request of a water user initially denied water service shall be held as expeditiously as possible and held in the manner and accordance with the procedures for pre -termination hearings before the Board of Adjustment delineated-abeve. C. Lien Imposed: Where allowed by law, all delinquent charges or fees, as provided by this section, not paid after the final determination of the delinquent account, shall be imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed; and the city clerk shall, at the time of certifying the city taxes, certify such delinquencies together with all penalties to the tax collector of Ada County, and when so certified, the same shall be a lien upon the property. All monies collected by the clerk under the provisions of this section shall be paid over to the city treasurer in the same manner as is required for the payment of other city monies. BOARD OF ADJUSTMENT ORDINANCE PAGE 11 OF 12 D. Security Deposit: Upon application for new service, or upon reconnection for existing service which was terminated for nonpayment, the city may require a water user to pay a deposit in an account to be determined in accordance with policies established by resolution of the city council. Section 5. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 6. That this Ordinance shall be in full force and effect beginning on October 1, 2010. PASSED by the City Council of the City of Meridian, Idaho, this day of 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this �� of -;f010. APPROVED: Tammy de yfeeird, Mayor 111011 1 "11 \\`\ ++++1 ATTEST: Jayc6WL. Holman, City Clerk SEAL 9 Cr � �T fig'! • �. ' O BOARD OF ADJUSTMENT ORDINANCE PAGE 12 OF 12 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 10- is fig PROVIDING FOR AN AMENDMENT OF THE MERIDIAN CITY OUTDOOR SALES AND TEMPORARY USES ORDINANCE An ordinance of the City of Meridian providing for a new chapter, Chapter 7, of Title 2 of the Meridian City Code, relating to the establishment, duties and powers, membership, organization, meetings, and hearing procedures of the Board of Adjustment and right to appeal; repealing Title 9, Chapter 1, Section 17 of the Meridian City Code regarding the Board of Appraisers and replacing with a new Title 9, Chapter 1, Section 17, relating to dispute resolution, Board of Adjustment; amending Title 9, Chapter 1, Section 19, relating to establishment of meter installation fees; amending Title 9, Chapter 1, Section 21, relating to termination of service, notice, and right to hearing; providing for a savings clause; and providing an effective date. The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passa publication. T' 2yy n 1 an City Council By: Jaycee Holman, City Clerk 4 First Reading: - aS y o to 6 q Adopted after first reading by suspension o�`li�v,�e�d pursuant to Idaho Code § 50-902: YES_ NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 10- 14'S- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 10- 14 5-$ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this �� day of , 2010. IAV ( �.. William. L.M. Nary City Attorney BOARD OF ADJUSTMENT ORDINANCE- SUMMARY Meridian City Council Meeting DATE: September 28, 2010 ITEM NUMBER: 12A PROJECT NUMBER: ITEM TITLE: Resolution No. Q� - A Resolution of the Mayor and the City Council of the City of Meridian, Establishing Appointments for Members of the Meridian Board of Adjustment MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I r - '1 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING APPOINTMENTS FOR MEMBERS FOR THE MERIDIAN BOARD OF ADJUSTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Resolution No. 10- , on September 28, 2010, amending Title 2, Chapter 7 to the Meridian City Code and thereby created the Meridian Board of Adjustment; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-7-3, the following members of the Meridian Board of Adjustment be appointed to the following seats and terms of service to be effective October 1, 2010: Seat 1, permanent term: Public Works Director or designee; Seat 2, permanent term: City Attorney or designee; Seat 3, three-year term: Tom Sauer. 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 46 day of )t12k2010. APPROVED by the Mayor of the City of Meridian, Idaho, this ff,day of 2010. APPROVED: Mayor ` ATTEST - By: yce . Holman, Ciy erk P RESOLUTION FOR APPOINTMENT OF MERIDIAN BOARD OF ADJUSTMENT