The URL can be used to link to this page

2015-01-13IDIAN�-- IDAHO CITY OF MERIDIAN CITY COUNCIL PRE -COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, January 13, 2015 at 2:30 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Roll -call Attendance: X David Zaremba X Joe Borton O Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener 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 2:32 p.m. Out of Executive Session at 3:06 p.m. Adjourned at 3:06 p.m. Meridian City Council Pre -Council Meeting Agenda — January 13, 2015 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. c/WE CITY COUNCIL WORKSHOP IDAHO MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, January 13, 2015 at 3:00 PM Roll -Call Attendance X David Zaremba X Joe Borton O Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Development Agreement for Approval: AZ 14-012 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Annexation and Zoning of 223.73 Acres with an R-8 Zoning District B. Resolution No. 15-1043: A Resolution Authorizing the City Clerk to Destroy Certain Semi -Permanent and Temporary Records of the Meridian Water Department C. Heritage Grove Sanitary Sewer Easement D. Award of Bid and Approval of Agreement to Custom Electric, Inc. for the "WELLS 11, 17 & 25 CONTROL SYSTEM UPGRADES - CONSTRUCTION" Project for the Not -To -Exceed Amount of $119,900.00 E. Approval of Task Order 10383.A to SPF Water Engineering, Inc. for the "WELL 29 INTERACTIVE DISPLAY, INTERPRETIVE MODELS AND VIDEO DISPLAY INSTALLATION" Project for the Not -To -Exceed Amount of $52,758.00 F. Approve Minutes of January 6, 2015 City Council Meeting G. The Oaks South Subdivision No. 2 Sewer and Water Easement. H. Coleman Subdivision Sewer and Water Easement Meridian City Council Meeting Agenda — Tuesday, January 13, 2015 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 5. Items Moved From Consent Agenda None 6. Action Items A. Memorandum of Understanding Regarding Capital Improvement Approval Procedure for Rent Credit Eligibility between Lakeview Meridian Investors LLC and the City of Meridian Approved B. Lakeview Golf Course Presentation of Proposed Capital Improvement Project and Request for Pre -approval of Credit Against Future Annual Rent Upon Project Completion and Substantiation Denied 7. Department Reports A. Mayor's Office: Annual Update B. Mayor's Office: Resolution No. 15-1044: A Resolution Appointing John Nesmith to Seat 5 of the Meridian Impact Fee Committee Approved C. Legal Department: Percent for Art Discussion D. Finance Department: FY2015 Budget Amendment: FY2015 Carryfoward — Grants Approved E. Parks and Recreation: Storey Park Development Dog Park Contract Update F. Parks and Recreation & Purchasing: Approval of Award of Bids and Agreements for "Storey Park Development - Construction" to multiple contractors per the attached schedule for a Not -To -Exceed total amount of $929,721.66. These awards are the result of the Formal IFB issued December 1, 2014 and opened December 19th. Fourteen bids were received for the five different bid packages. Approved G. Community Development: Presentation of Preliminary Findings for Multipurpose & Event Center Project Development Plan by Pegasus Planning & Development H. Community Development: Pine Avenue, Meridian Road to Locust Grove - Non -Transportation Elements and Potential Partnerships with the Ada County Highway District and the Meridian Development Corporation Public Works: FY2014 Engineering Project Close -Out Report Moved to February workshop agenda Meridian City Council Meeting Agenda — Tuesday, January 13, 2015 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop January 13, 2015 A meeting of the Meridian City Council was called to order at 3:06 p.m., Tuesday, January 13, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, David Zaremba Joe Borton, Genesis Milam and Luke Cavener. Members Absent: Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Caleb Hood, Warren Stewart, Tracy Basterrechea, Mark Niemeyer, Brian McClure, Mike Barton, Todd Lavoie and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton Charlie Rountree . X Keith Bird X Genesis Milam _XLucas Cavener X Mayor Tammy de Weerd De Weerd: Okay. Thank you for waiting. Sorry we are starting a few minutes late. I will go ahead and open the regular City Council meeting for January 13th. It's five -- six minutes after 3:00. Madam Clerk, will you call roll. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item No. 3, adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda at 4-13, the resolution number is 15-1043. And under 7-B the resolution number is 15-1044. And under 8-A the ordinance number is 15-1636. And with that I move we approve the agenda as noted. Zaremba: Second. Meridian City Council Workshop January 13, 2015 Page 2 of 58 De Weerd: I have a motion and a second to approve the agenda as read. All those in favor say aye. All aye. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 4: Consent Agenda A. Development Agreement for Approval: AZ 14-012 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Annexation and Zoning of 223.73 Acres with an R-8 Zoning District B. Resolution No. 15-1043: A Resolution Authorizing the City Clerk to Destroy Certain Semi -Permanent and Temporary Records of the Meridian Water Department C. Heritage Grove Sanitary Sewer Easement D. Award of Bid and Approval of Agreement to Custom Electric, Inc. for the "WELLS 11, 17 & 25 CONTROL SYSTEM UPGRADES CONSTRUCTION" Project for the Not -To -Exceed Amount of $119,900.00 E. Approval of Task Order 10383.A to SPF Water Engineering, Inc. for the "WELL 29 INTERACTIVE DISPLAY, INTERPRETIVE MODELS AND VIDEO DISPLAY INSTALLATION" Project for the Not -To -Exceed Amount of $52,758.00 F. Approve Minutes of January 6, 2015 City Council Meeting G. The Oaks South Subdivision No. 2 Sewer and Water Easement H. Coleman Subdivision Sewer and Water Easement De Weerd: Item 4 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda as noted, Item B is resolution number 15-1043 and with that I move we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest. Zaremba: Second. Meridian City Council Workshop January 13, 2015 Page 3 of 58 De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Items Moved From Consent Agenda De Weerd: Item No. 5 is -- there are no items moved from the Consent Agenda. Item 6: Action Items A. Memorandum of Understanding Regarding Capital Improvement Approval Procedure for Rent Credit Eligibility between Lakeview Meridian Investors LLC and the City of Meridian De Weerd: So, we will move right into 6-A under action items and Mr. Attorney is gone. So, Council, we heard this last week and so wondered if there were any questions, any comments about the MOU in front of you? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before we start this, we got an e-mail this week that some people had been approached by -- I talked with the patrons and stuff out there at the golf course. If you did, please, note it before we start into any discussion here. If you talked to anybody regarding this item. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I was contacted regarding this item. De Weerd: Okay. And -- Milam: I, basically, just referred to anything that was already discussed at the previous public hearing and said I wasn't allowed to talk about it, because it was still open. Meridian City Council Workshop January 13, 2015 Page 4 of 58 De Weerd: Okay. Thank you. Okay. Council, any questions, points of discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: My father is on the golf course review committee. He was there before I -- De Weerd: We won't hold that against you. Borton: Fair enough. But to the extent it's relevant -- I'm not sure it is -- in light of the e-mail that we got earlier, but, nonetheless, there it is. That's it. De Weerd: I think the e-mail just asked that his point be part of the record, which it is. Okay. So, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To that point, can you give me or ask just a snap shot of the golf course -- the committee or the group as far as what it -- What it's going to be doing going forward. Is it -- you know, their members, five members, appointed now? Are they going to be voting at these meetings? It sounds like they are. All of which is fine, but I don't know if I have a good grasp on what the official committee is and does. De Weerd: Well, it would be nice to have one of our attorneys here, because -- Borton: He's coming in right now. De Weerd: We will wait until Mr. Nary gets seated. We are talking about the golf course and it is a little bit more complicated without you, but -- I could have started making things up. Nary: Sorry, Madam Mayor. Borton: Do you want me to reask? De Weerd: Yes. If you would restate your question. Borton: Mr. Nary, I was just trying to get a little background for at least maybe all us on the committee -- the golf course committee, if it's, you know, going forward, you know, if it's to meet and -- I don't know how many members there are. Do they officially vote on approving something up or down to bring to us or is it a general consensus? How does that work? Meridian City Council Workshop January 13, 2015 Page 5 of 58 Nary: Certainly. Madam Mayor, Members of the Council. So, the golf course committee was a citizens' group that was started a number of years ago based on interested parties that live in and near the golf course. They have asked to be part of a sub group. They were established through the Mayor's office. The membership is folks that have been directed by the Mayor to participate in that. They meet -- in the past they meet generally, if I recall specifically, twice a year has been the normal meeting schedule and mostly it has been to deal with issues surrounding the neighborhood or the neighbors, whether it's operational concerns that they may have had or how the golf course is being maintained or other types of questions of that nature. I think what it was looking at here is -- I wouldn't necessarily say formalizing their -- their workload, but, yes, using them more to the fullest advantage of getting their feedback as members of the golf community there in and around Lakeview. So, that was part of the desire that -- at least our understanding of the Council's direction was for the operators to, then, take annual improvements to that committee to get their feedback, get their recommendation, I guess, and -- to this -- to the Council for an ultimate decision here. Since we don't have a commission or an interim method in which those parties can -- or which the operator could sort of get that level of feedback, this is the -- I guess the desire to -- was to use that group and they have expressed an interest and they have a desire to provide that level of feedback to the city as to whether those levels of -- or levels of capital improvements are appropriate or necessary for the use of the facility. De Weerd: There are three citizens on the committee. One citizen that lives in the surrounding -- well, two of the three live in the surrounding neighborhood. One is -- I don't know if he lives there or not, but he's part of the men's golf association and so they -- and you didn't have to be named Jim to be on it, it just happens to be all three of them are named Jim. The discussions, as Mr. Nary stated, have really centered around some of the improvements that have been out there to give feedback on improvements that may or may not be on the list that we have had in past and to be a vehicle for patrons and neighbors to bring their concerns to the citizen representatives, so that their items of concern could be addressed. Councilman Rountree has been the chair of that committee and as well we have had Steve Siddoway, our parks director, Mike Barton that oversees the operational side of our parks, and Ted Baird from the legal aspect and we are -- we are always joined by Mr. Oaas. Borton: Okay. And -- Madam Mayor? And this has helped from the discussion of the MOU, which I think is great and going to be very helpful. Is the vote or the decision of the citizens or is it the citizens and, you know, our parks director and the city employees collectively all decide? And the reason I ask that is let's say there is a project that Mr. Oaas wants to bring forward that maybe the group doesn't like, but maybe the Council does. Can they -- can the project come forward to us even though that group doesn't recommend it? De Weerd: I would just answer that you are the deciding body. The committee might recommend, so -- Borton: Okay. Meridian City Council Workshop January 13, 2015 Page 6 of 58 De Weerd: But you are the decision makers. Borton: Okay. Nary: Yeah. It's completely advisory is what their role is. Borton: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think -- I think the biggest item I want to get out on this is that every capital improvement I don't feel the citizens have to pay for by forgiveness of the rent. There is a lot of things of capital improvements that helps the operator's bottom line. Well, taxpayers shouldn't have to help a private business's bottom line. So, as a councilman I -- I think we need to -- or I -- I look at does it help the property we got the most or does it help the operator to operate a more successful business. Well, I -- and taxpayers shouldn't have to help the bottom line on a private business. So, that's -- I think we need to make sure that what we say is capital improvement that should be wrote off by the rent is actually just helping our investment in our property. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I agree with Councilman Bird and I De Weerd: Is your mike on? Zaremba: It is, but I'm not talking directly into it. Maybe that's better De Weerd: Thank you. Zaremba: I appreciate what is in the memorandum of understanding so far, but I was thinking that we were going to have a little more exacting definition of capital improvement and the point is exactly as Councilman Bird raised, identifying the difference between a capital improvement and an operational activity or expense, even if it is an improvement, it's -- I believe that's where this discussion has broken down before and I was hoping we would be being a little more definitive. Nary: Madam Mayor, Members of the Council, Councilman Zaremba, if you look at item three -- under A-3, that it is what was -- I guess what we understood in the direction as to what a capital improvement would be, but the question did come up previously on what discretion does the Council want to have, both now and into the future, on these Meridian City Council Workshop January 13, 2015 Page 7 of 58 types of requests. Historically, before this operator -- the prior operator in the past, there was no rent relief, they just paid it. So, this operator had requested that and so it has been a little bit of a moving target as to what would be allowed and as I stated last week, one of the things that we gleaned out of the earlier discussions is that one of the reasons for the disconnect is because requests were being made after the fact. So, the project was done and complete when the request for relief was made and if the perception or definition of what was allowed changed from one year to the next, then, it sort of left the operator with a -- I guess holding the bag, for lack of a better term. So, the desire was to create some clarity as to what types of improvements you're talking about, but to still leave some flexibility, because, again, it's hard to predict between now and the next six, seven years as to whether or not there may be other opportunities and to hamstrung either this Council or future Councils seemed short sided. So, it was defining in 1-3 -- or in A-3 what the capital improvements were intended, but it does leave you discretion that if there is something else that fits the criteria that you're comfortable with -- and, again, it's certainly up to this Council to decide whether or not the improvement is solely for the benefit of the course, solely for the benefit of the operator or a mix of either one, and whether or not, again, some or all rent relief is to be granted for it and whether it's one year or multiple years, again, it's within the discretion of this body. So, it really does leave it all with your hands. We felt from the legal side what was the most critical is that all of it was done before the work was done, so that there was no question whether the work was completed or not or what was going to get done was eligible or not. So, there was no question after the fact as to what would get reimbursed or whether it was not going to get reimbursed. De Weerd: Did that help? Zaremba: It does help. Thank you. De Weerd: Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Mr. Nary, is -- so -- of A-2, the discretion that that gives the Council -- this Council and future councils, is that discretion to include noncapital improvements if they decide to or only meeting these other -- the three attributes, A, B. C and D, or the discretion to allow any improvement is the question. Nary: Madam Mayor, Members of the Council, Council Member Milam, the -- so, the intent of two is make clear that the Council has a wide variety of discretion. Three is to identify the specific types of projects, but, again, you always have the discretion to see whether those fit or don't. If they don't fit within those and you don't -- this body doesn't want to grant that, we were trying not to hamstrung this Council or future councils from making that decision. It's within your discretion if it fits those. Meridian City Council Workshop January 13, 2015 Page 8 of 58 Milam: Madam Mayor? De Weerd: Uh-huh. Milam: So, really, what I'm asking is if it does not fit this, we -- if the Council just wanted to approve something that is not considered a capital improvement, does this allow complete discretion or does it still need to be a capital improvement discretion? De Weerd: I think essentially what he said is it would be your decision. Milam: But if it meets the criteria. Nary: What I would recommend -- what I would recommend for this Council or future councils is that if you -- if -- if you don't believe it fits any criteria in this contract or in this MOU, then, I would not recommend you approve it. But you have the discretion to decide whether it fits it or not. The discretion is yours on how it -- how to apply the terms in this agreement. Milam: Okay. Thank you. De Weerd: And you would have to have a majority of your Council members agree with you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Something in the last phrasing of what Mr. Nary said -- the discussion -- and I want to make sure we all are on the same page. This memorandum of understanding is focused on whether or not we would agree that something qualifies for rent relief. We are not approving or disapproving their project. The operators are in charge of what happens on the golf course and they are able to do whatever they want. If we voted no on something that doesn't mean they can't do it, it just means we are not going to apply that against rent relief. I just want to make sure -- Nary: That is correct. Zaremba: -- I'm not misunderstanding that intent. Nary: Mr. Zaremba, you are exactly correct. Zaremba: Okay. De Weerd: Okay. Any other questions? Milam: Madam Mayor? Meridian City Council Workshop January 13, 2015 Page 9 of 58 De Weerd: Mrs. Milam. Milam: So, would we require multiple bids or just whatever proposal that we brought? In essence, if we do a project we require multiple bids, so would we require multiple bids be gotten from the golf course? Nary: Madam Mayor, Members of the Council, Council Member Milam. So, you're not required to do that here, but you certainly can ask the question. I mean it's not unreasonable I would think -- if someone were to say we could do this improvement for X and that doesn't seem reasonable to you or you want to find out how that was reached, you certainly have the ability to do that. If they are asking for rent relief for -- using an example, if you were going to ask for rent relief for 6,000 dollars to do a 20,000 dollar project and in your mind that doesn't seem to make sense or that doesn't seem like it should cost that much money, it's certainly reasonable to ask where would you get that. But at the end of the day they only can get relief for what they actually did and that really was the intent. So, for example, if you had someone re -- if this operator or another operator asked for 10,000 dollars of rent relief over two years to do a 10,000 dollar project, but at the end of the day they provide you all the receipts and all the information on what was paid and they paid 3,000 dollars for it, you're not obligated to give them 10,000 dollars of relief. So, you're still not going to give greater than what was paid for or greater than what you anticipate. So, again, they still would have to show that they actually paid that before they would be granted relief for it. De Weerd: Okay. Any other questions about the MOU? Borton: Madam Mayor? I don't think it's a question. I think that Councilman Milam's comment to Mr. Nary's comment, you know, it needs to be usable and fair for the golf course operator and it's one thing to have a 5,000 dollar project, but you get up to a 30,000 dollar project and -- or anything more than ten, there may be a desire to have it bid as part of the submittal. You know, Exhibit A doesn't ask for it and maybe it's fine as is, but I guess it could get more difficult to feel comfortable with a larger rent relief without it being bid. So, I'm not -- if our first step is voting to approve the MOU -- I'm not so sure Exhibit A needs to change, unless others think otherwise. But that would come into a discussion when a request is made. If it gets big enough, then, you might want to have it bid. That's not even a question, really, I guess. I said it was going to be a question. It's not a question. De Weerd: Uh-huh. Borton: Just a comment on the Exhibit A, so -- De Weerd: Thank you. Council, I guess at this point we are looking for your direction on adopting this MOU and how best to move forward. Bird: Madam Mayor? Meridian City Council Workshop January 13, 2015 Page 10 of 58 De Weerd: Mr. Bird. Bird: I don't have any problem adopting the MOU and making a motion to accept the MOU, because, as Counsel Nary said, we still have the final decision on stuff. This is just the basis. So, both sides have something to work by. So, I would move that we accept the MOU between Lakeview Investors, LLC, and the City of Meridian. Cavener: Second. De Weerd: I have a motion and a second. Any discussion? None? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Lakeview Golf Course Presentation of Proposed Capital Improvement Project and Request for Pre -approval of Credit Against Future Annual Rent Upon Project Completion and Substantiation De Weerd: Item 6-B is for Mr. Oaas, who has a presentation on a capital improvement project. Good afternoon. Oaas: Good afternoon. Madam Mayor and Members of City Council, I'm Eric Oaas, P.O. Box 2020, Boise, and I am here to speak to you about a proposed capital improvement based on the new guideline that you -- the basis of the guideline that you just approved and per the MOU and this -- this particular proposal is -- deals with a -- an issue that, quite frankly, we probably get the largest comments on and they are not necessarily positive, but the largest number of comments from golfers who utilize the golf course at Lakeview and that is the number -- the number nine green and the problem with the green is not the quality of the surface or anything to do with the -- with the approach, the problem is that the green has a very peculiar shape and it's not conducive to the average golfer or even the above average gofer who utilize the golf course to -- to find an area to put -- to land your ball, for example, so that you can, you know, have some reasonable chance of getting a one putt on the green. The green is somewhat dome shaped, if you will, and slanted downward toward -- you know, toward the fairway in the front -- toward the approach and so it's not uncommon to have golfers, you know, get -- have a two or even a three putt on that whole, which -- De Weerd: They are in my league. Meridian City Council Workshop January 13, 2015 Page 11 of 58 Oaas: Madam Mayor, it is an equalizer I grant you that. But -- but all -- you know, all fun aside, it just is -- it just was not designed properly to begin with and it's been a thorn in our side and a thorn in the patrons' side for a very, very long time. To Councilman Bird's point earlier, you know, it is this -- you know, addressing this green, does it benefit the operator more than the city or the city more than the operator or is there a combination. I think the answer to that is that in this case -- and I will refer back to a -- to a specific quote by a member of the golf course focus group who said in our last meeting before the group put forward a recommendation to -- to address the number nine green, this particular member said whether you fix the number nine green or not, I'm still going to golf at Lakeview and I don't anticipate that there will be a large number of additional gofers come -- coming out to Lakeview, but it's something that this particular member of the golf course focus group has been -- you know, has been bringing up over and over and over and over again. So, Councilman Bird, to your point, it's -- it's probably doubtful that the golf course operator will see a huge number of additional golfers come and play at Lakeview because this green has been redone. Highly unlikely. It's -- what draws golfers to Lakeview is the quality of the course overall, the quality of our greens, which is exceptional and due to our fine grounds keeping staff and, really, the experience that is created with the facility and with our personnel and whether this green is redone or not is not likely to have a huge increase in -- in the number of golfers that play. It will just improve the quality of the golfing experience and because -- because it does impact the real estate -- the real property that it will be there for -- you know, until the golf course is -- sees the end of its day. So, with that in mind, the golf course focus group did come up with a recommendation to address this. Excuse me. But the recommendation was -- was, yes, we think it should be redone, but the group itself did not definitively say that -- from a recommendation standpoint it should be the Cadillac version or the Pinto version and there really are two different ways of looking at this. The Cadillac version -- if you look up on the screen, represents a conceptual drawing done by Dave Druzinsky, who is a professional golf course architect here in the valley, who I think, as I mentioned before, has done a number of the greens and golf course designs, you know, throughout, you know, even the top courses here in the valley. He's very well respected, knows what he's doing and -- and from his perspective he said this is really what -- what should happen with that green and I don't know whether I -- I'm not -- oops. I'm trying to -- oh, I used the wrong pointer. Sorry. There. Thank you. So, if you look at this green -- I'm just going to sort of draw a line -- great. Thank you. I'm going to draw -- draw a line of -- around the existing green and you can see what he's -- and, as I said before, the green is pretty much dome shaped, so you're getting -- you're getting -- you're getting your ball, when it hits anywhere on the green, it's pretty much going to roll off one of the edges and most likely come back down this way and -- and so what we are talking about doing here is creating -- let me see. I have got to erase that. So, what we are talking about doing is -- is changing the shape of the green now and creating -- it will have -- it will have a multiple -- or sort of a dual elevation. So, you will have the upper part of the green here and the lower part of the green here, but they will be two -- two sort of independent putting surfaces, if you will, and what that -- what this will do is it will give us -- it will give us a number of different places we can -- we can put the pin to get -- you know, to get, you know, very good play on the green and to, you know, again, to really improve the Meridian City Council Workshop January 13, 2015 Page 12 of 58 quality of the experience on this particular green. Right now there is no -- it's all one putting surface and -- and it's -- you know, as I said, it's slanted down toward the front. You will also see the addition here of -- of another sand trap here and another sand trap here. This -- this sand trap will go away and -- and, then, this is the back slope off the -- you know, off the green itself. So -- so, when you look at this, it really is a tremendous improvement. Here is the cart path here and, of course, here is the approach to the green and, you know, again, this -- if we had our -- our druthers and had unlimited dollars to spend, this is clearly the direction we would go. And, again, it's -- it's -- it's designed, developed by Dave Druzinsky, who is a professional golf course architect, and the contractor that we would utilize would be Timberstone Construction that's headed up by -- you remember Clint, who used to be the manager for us out at Lakeview, he runs this particular -- he runs this construction company and it's a specialized -- you know, to your point, Councilman Milam, it -- you know, trying to put this out for bids among multiple potential vendors is difficult, because this is -- this is really a specialized knowledge and if you don't really know what you're doing it's -- but how the ground looks to carve things out and go back and look at it and, then, say, no, we need to make this change here and generally that kind of knowledge is pretty darn specialized. So, it's appropriate I think in many cases to get multiple bids, but in this case this particular company is doing golf course restoration projects in the multi -state region around Idaho, so I mean they are very well respected, they come, you know, with a very good reputation. So, that's why we have chosen them. That's not to say that there aren't others out there, but there are not others out there in the immediate area. The cost -- the cost of this Cadillac version -- if you will refer to the -- to the submittal that we provided, is -- is not cheap. You know, it's just under 36,000 dollars and that's mostly, with the exception of 3,000 dollars, all of that is -- are for services and materials provided by the contractor Timberstone and that includes, you know, 21,750 for the complete redesign and retrofit of the course and, then, rather than waiting for sod -- or waiting for regrowth of the green, we would buy new sod, lay the sod down, so that we would be prepared for the golf season when it started in, you know, April and May. The only -- the only portion of the cost that Lakeview would handle would be -- we would provide some of the surplus labor, but we also would handle all of the irrigation changes as we got into redesigning the -- the green and that -- and, again, the total for that would be a -- it's a not to exceed of 3,000 dollars. So, the plan would be to start this project as soon as possible and to Mr. Nary's point, you know, from our perspective and I think the Council probably feels the same way, it's good to get this out up front so that everybody understands, you know, what the rules of the game are before one shovel of dirt is -- is turned over. And with that I would be open to questions on sort what we are calling the Cadillac version. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't have a question on that. I do have a couple of questions, Eric. If we don't -- if we don't forgive the 6,000 dollars, does this get done? Meridian City Council Workshop January 13, 2015 Page 13 of 58 Oaas: Councilman Bird, Members of the City Council, what -- what our intent would be -- and I'm -- you know, it's sort of complicated. It called into question the Cadillac and the Pinto version here. From our perspective we -- we fully understand that the 35,000 dollars is a heck of a lot of money and we, as the operator, are prepared to put that money up front, but we would be requesting that -- that there would be rent relief for the full amount of the 35,000 over whatever period of time that fits. Bird: That's what I thought. And you stated that -- that number nine green isn't going to probably cost you any golfers. It hasn't yet. Oaas: No. Bird: I mean you got number eight and number seven's on a slope, too, for -- when you're the world's worst golfer all of them are tough, but, anyway, I -- this is something that -- that I was talking about earlier, Eric, is to me our property will be the same value whether this green stays like it is or whether it's changed. The value of our property don't change. I can -- I got a couple of grandsons that are scratch golfers that have played out there beaucoup times. They love it, because it's a challenge. Because you see it all over, those type of greens. So, if you want to change it as the operator, I think that's great, but I, as a Councilman, don't see where that is helping our investment. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor? Of course I like the idea. I think that's great. I think the thing I struggle with when you relate it to whether or not this is worth rent relief is an understanding that it's a -- it's a common part of the business of running a golf course to change the greens every once in awhile. To my understanding, most golf courses do that on a regular basis, make some changes to the greens and it's similar to a retailer changing their stock, so that people don't come into the store and see the same thing every time they come. So, I struggle with seeing this as a capital improvement. To me, the first example we are given, you know, once we have approved the MOU, is an operational thing that would be true of any golf course to be making these kind of changes. So, I -- help me out if you can, but I see this as something that's just a normal course of business for a golf course. Oaas: I -- Councilman Zaremba and Councilman Bird, I think -- I think that the point here is that -- that whether the enhancement is the -- you know, again, the Cadillac or the -- the Pinto -- and, by the Pinto -- maybe we should talk a little bit more about that first. It might be helpful. The Pinto version would be -- would be, essentially, taking the existing -- taking the -- De Weerd: Would offend anyone who likes Pintos, by the way. Oaas: That's right. I -- someone -- I didn't come up with this. Someone -- De Weerd: Someone might like Pintos and so -- Meridian City Council Workshop January 13, 2015 Page 14 of 58 Oaas: Exactly. Zaremba: Can we agree on a Yugo? Bird: No. Oaas: In the -- the Pinto version, you know, where we are talking about the existing -- well, actually, this curves around this -- De Weerd: I'm sorry, Eric, but this is the beginning of our -- of a lengthy agenda, so -- Oaas: We got to shorten it. De Weerd: -- if we can that would be really nice. Oaas: Okay. What we -- all we would -- we would be doing is we would not be changing the -- these, we would retain the existing bunker and, essentially, we would just be rolling this -- getting a sod cutter, rolling it up and, essentially, trying to -- to provide some -- some better possible pin placements so that it's not quite as dome shaped period and we would use the same contractor and we use Lakeview's personnel, but -- but, essentially, it would -- it would accomplish on a much less grand scale, but accomplish the point that's sort of a thorn in most golfers' side and, Councilman Bird, I think -- my personal feeling is because this -- this green is the way it is and the vast majority of golfers have such a problem with it, to me it is -- it is an enhancement of the golf course and it does potentially improve the -- the city's value, because word does get out that, you know, that number nine green out at Lakeview is terrible and, you know, if it affects, you know, ten golfers or a hundred golfers a year, I can't say, but getting that off the table, in my opinion it would enhance the city's value here. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Quick question, I guess. In your opinion is this the most important improvement for the course? Is that why you're bringing it to us? Oaas: Yes. Cavener: Okay. And in your opinion, as the subject matter expert on the course, what's -- what's the better solution for the course, the Cadillac or the Pinto? Oaas: Well, the best solution, without a doubt, would be the Cadillac version, but we -- we -- there is no way that we could afford to do that. There isn't a normal pay back. Meridian City Council Workshop January 13, 2015 Page 15 of 58 Cavener: Okay. Great. Thank you. Oaas: Other questions? Bird: I have none. De Weerd: Okay. Anything further from Council? Oaas: I'm sorry. And, by the way, the cost of the Pinto version is a not exceed 7,000. We would -- we would be seeking one year's rent relief for that one. De Weerd: So, Eric, I guess I need to be reminded on -- when this lease was entered into the rent relief was really to help offset a number of needed capital expenditures after you bought out the lease and I don't ever thought -- think that the Council at the time thought that the rent relief would go on indefinitely. Oaas: Right. De Weerd: Also I think that the discussion at that time was there would be an expected match dollar for dollar, your Pinto cost would say the taxpayers would give 6,000 and you would give a little over a thousand. So, that's not really a dollar to dollar. So, I'm just trying to say where did we veer off on -- on this maybe an expectation that we have on this discussion every year once the capital list that was the original list expired and were all accomplished and now it's -- if it's the Pinto, the -- we are at a lopsided investment versus the Cadillac, which you still want multi-year then and so there is no longer this partnership, there is just an expectation that the city is -- is the one that does the improvements. Oaas: Madam Mayor, I'm not sure that's entirely true. We are still -- we are still -- as the operator we are still paying for the original improvements for the back nine that was added, you know, with -- with all the -- the free passes that were offered to all the contractors that did work back -- De Weerd: But you knew all of that when we went into the agreement Oaas: Absolutely. But we are still paying for that, number one. And, number two, we are still paying for all of the improvements that -- that went into redoing the three greens ten years ago. So, you know, the -- the thought we are not making contributions or paying for a substantial amount for improvements that were made is just -- it's not accurate. De Weerd: No. I don't think I said that. I just said that each year we have a discussion about improvements and those improvements for that year moving forward, it's more the expectation that the city is the investor and not the leaseholder and that's what I'm asking is where did this all kind of change from the original discussion. Meridian City Council Workshop January 13, 2015 Page 16 of 58 Oaas: Well, I would say that we continue to -- we don't bring to the Council all of the spending that we do on various projects during the course of the year. De Weerd: Well -- and I understand that that's operational. That's -- that's part of doing business, so -- but I just kind of -- again, I'm trying to -- to see kind of what was discussed and the intent going -- going into the lease and having an annual discussion about lease relief and now ten years later we are still having it and I thought at some point that would all be part of your operational or your lease commitment that these improvements would benefit your business and that business is increasing the enjoyability of play and investing in -- in your lease, because it makes business sense as well. But not -- not expecting that 6,000 dollar lease -- and I kind of mentioned at the committee when you look at what the other golf courses that have kind of headlined the week of our meeting and what they were paying in lease, I had a number of comments from people that said every year you grapple over 6,000, where they are paying 40 plus thousand. So, what -- what's the deal? And I can't answer that anymore. I could when we first went into it, but -- and maybe that's why I'm asking the question now. Oaas: And, Madam Mayor, I guess from my perspective I'm not sure that the conditions are any different now than when -- when we started the lease from that standpoint. I mean these are capital improvements and even more so than when -- than others that were approved in the past, but -- De Weerd: Well, we can agree to disagree. But, anyway, I guess, Council -- Bird: I have no more questions. Let's get on with the question. De Weerd: Any questions? Okay. Anything further, Eric? Oaas: No. We just appreciate your time and your consideration. De Weerd: Thank you. Nice to see you again. Oaas: Thank you. De Weerd: Okay. Borton: Madam Mayor, one quick question, and Mr. Nary might know, Eric might know. Is it -- is it correct that the 6,000 dollar rent was paid this last fall for fiscal year '14, '15; is that correct? Oaas: No. I believe -- I believe it's -- it was for the prior year, wasn't it, Bill? Nary: It's for the coming year. So, it's been paid. Meridian City Council Workshop January 13, 2015 Page 17 of 58 Borton: The payment made three months ago was for what fiscal year? I'm just trying to get a sense of how many fiscal years -- are we in arrears or are we going forward or remain on the program? Nary: Madam Mayor, Members of the Council, Council Member Borton, let me double check, but I thought the payments are in advance. They are due at the beginning of the fiscal year for that fiscal year. So, that's -- we had the discussion in October. So, he paid that 6,000, that's for this current fiscal year. Borton: Okay. So, there is -- Madam Mayor. There is -- it sounds like there is four fiscal years remaining going forward in this program to get us to September 30th of 19. Nary: Yes. Correct. Borton: Okay. Thank you. Oaas: Any other questions? Bird: I have none. De Weerd: No. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Okay. Now, if I understand you right, Mr. Nary, this 6,000 that he's asking relief from is for fiscal year'15 or fiscal year'16? Fiscal year'16. Nary: Correct. Bird: '16 or'15? Nary: We are in 15. Bird: And he paid in September the 6,000 for that or we forgave it or what? Nary: Madam Mayor, Members of the Council -- no. He paid the 6,000 after October 1 for fiscal '15. Bird: Okay. Nary: The current fiscal year we are in. Bird: We are looking at forgiving for'16. Meridian City Council Workshop January 13, 2015 Page 18 of 58 Nary: Correct. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I will make a motion. I think in light of the MOU we just approved and looking at the conditions of A-3, A through D, what we are talking about here truly is a capital improvement as we have now clarified and specified, which benefits everybody to have that specificity. Hearing all of the -- the applicant's remarks, I think Option B to include all of the applicant's -- or the -- Mr. Oaas' comments, but specifically about what Option B will be providing for that green, in exchange for a potential rent relief of one year, the 6,000 dollars, and consistent with the delivery dates and specifics and approval process, et cetera, that we have just adopted. De Weerd: Okay. I have a motion. Do I have a second? Okay. Well, that motion, then, dies for lack of a second. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we do not forgive the 6,000 rental in 2016 for the golf course, because, in my opinion, that is -- that is an operational improvement, not a capital improvement. Zaremba: Second. De Weerd: I have a motion and a second. Discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just for maybe a brief clarification. Would the applicant be able at a later time to come with a new proposal for rent relief in this fiscal year would only -- Bird: For'17. Cavener: But not -- no other opportunity? Bird: For'16? Nary: Madam Mayor, Members of the Council, he can always ask. His timing was in here -- I think it's a 30 day notice, but other than that he can ask up until the end of the fiscal year. Meridian City Council Workshop January 13, 2015 Page 19 of 58 Cavener: Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Well, maybe I'm a little late on this, but I don't have a problem giving a partial rent relief, I disagree with giving a full rent relief for the 7,000 on the project, but it kind of aligns with what you were discussing, you know, a percentage would I think be an incentive for him to do the capital improvements, which is where I believe this came from in the first place. So, not giving any rent relief, there is no incentive there for him to do the project, but I don't think we should pay for the entire project either. So, I'm somewhere in between these two motions. De Weerd: Any other discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, nay; Milam, nay; Cavener, yea. De Weerd: Okay. The ayes have it, so -- thank you for being here. MOTION CARRIED: THREE AYES. TWO NAYS. ONE ABSENT. Borton: Madam Mayor? De Weerd: Yes. Borton: And that motion was specific to this particular request that came before us? De Weerd: That's correct. Borton: Okay. Item 7: Department Reports A. Mayor's Office: Annual Update De Weerd: Okay. Seven is our Department Reports. We will start with 7-A under the Mayor's office with our annual update. Simison: Thank you, Madam Mayor, Members of the Council. I will work towards getting to the meat of this to try to help just a little bit back on track. I know that that was an expectation, so I'm here on behalf of the Mayor's office and I'm just going to go ahead and -- you know, we are the public face of the Mayor's -- the Mayor and her staff a lot in what's going on in the community and we all know what the vision is of the city, Meridian City Council Workshop January 13, 2015 Page 20 of 58 but we are working to insure that Meridian is a vibrant community whose vision is to be a premier place, a city to live, work and raise a family. I think you will see that -- an update to that pretty soon when the strategic plan comes before the City Council, but for now that is what we are focused on. Just want to quickly touch on a couple things. Out here in the audience you see one of them. We have had some staffing changes in the office for the year. First is we are welcoming Kaycee Emery to the office as the communications manager. She's been with us since about November. She's a U of I graduate -- De Weerd: Don't hold that against her. Nary: It's about time. Simison: Yes. And she's got -- has experience with media, KTVB and, then, was with UC Media Group and most recently worked on the governor's campaign. So, welcome her. You're going to hear from her in a few minutes. Also at this time we are going to be saying goodbye from our office to T.J. Coles. He has accepted a position down at Community Development. He's been upstairs for four years. He started off as a part- time employee and has gone through many changes in this position to the point where he was doing 50 percent of the time in our office, 50 percent on economic development issues and he will now be downstairs, so -- De Weerd: And we won't hold that against him, but it may show up in an evaluation or something. Simison: Yes. And I hold it against Caleb every time get an opportunity to do that, but he is our five tool player in the office and we are looking to replace him, so hopefully we will have somebody new on board here in the next couple weeks. Just want to highlight a couple of accolades. You have heard about Meridian being nominated -- Money Magazine saying Meridian is one of the 50 best places to live. It's the fourth time we have received that honor. That's great. MYAC has received recognition this year. The 2014 Outstanding Youth and Philanthropy award, which was presented by the Association of Fundraising Professionals for all the work that they do here in the community and they were nominated by the Idaho Meth Project, an organization I think many people have a lot of respect for here in the state. Mayor Tammy was selected as an Elected Woman of Excellence by the National Foundation for Women's Legislators this last year and Ken Corder was selected as the City of Meridian Employee of the Year. So, not bad for 2014. There is many more than that, but just thought we would hit on a couple of those accolades. Some of our accomplishments from this last year. I think that you all are familiar with the Next Door application, which was launched this last year working with our police department. We were kind of one of the test communities for that Next Door. We completed the citywide survey. You know, that was really an opportunity to do more than just taking a -- do a pulse check, you know, that was really the strap on the oxygen mask and do the running test to see how the city is doing, what the feedback was, and really kind of layout where we are going for the next couple years. We held the groundbreaking on the Meridian Road interchange. Meridian City Council Workshop January 13, 2015 Page 21 of 58 That was something that was -- most of you attended and, which was great, and, then, the Treasure Valley Youth Safety Summit, which was expanded down to middle schoolers this last year, so not just in high school, but the middle school, which was something new. And I just want to mention that we talked about transitioning Meridian's Promise from the city and we were successful in taking Meridian's Promise from the city to a 501(c)(3), which is operated by Molly Palmer here in the community. So, we will continue to work with them to insure that that organization moves forward. Just a reminder. Some of the things that we do here in the Mayor's Office and I will just touch on a couple of items that the Mayor had over -- or almost 1,300 meetings in 2014. We had 30 appointments which were commissions and MDC in 2014. We had openings on Planning and Zoning, Parks, and Arts Commission and I think that the Mayor has found some good quality candidates to bring forward next week to Planning and Zoning, so you will be hearing about that. The legislations committee continues to work and we have our legislation that we are moving forward and working with that organizations here. We have issued 27 proclamations in 2014. So, just to kind of give you an idea about some of the things that we have been doing. So, here are our strategic priorities in the Mayor's Office that we really focus on. Communication, customer service, events and programs. This is where we are going to spend the next few minutes and I will be having -- first up I'm going to Have Kaycee Emery come up, our -- the new communications manager, and she's going to talk a little bit about her vision for the position and some of the things that she's going to be working on, so -- De Weerd: Oh. Mr. Bird just complimented you. He thought you were a student sitting there. Emery: Well, I appreciate that. Wow. That is so nice. Madam Mayor, Members of the Council, for the record I'm Kaycee Emery. I'm the new communications manager and I'm so happy to be here. I want all of you to know that I'm not just the communications manager, but I'm also a resident of Meridian and apparently a high school student as well. I will take that. So, I will look at everything that I do in my role, not only from the eye of a communications strategist, but also as a resident. I see this role as a lot more media relations there, website, social media, video, newsletters and annual report, it covers the whole gamut of things, so there is a little bit of a public information officer component. Also marketing. Also copyrighting. A little bit of project management involved and all the projects that you oversee that have to do with communications. So, I'm really looking forward to this roll and just -- I will be going over the media relations website and social media a few slides away, but on video I really want to talk to you -- one of the first things I noticed when I got here was what a great video program we have and I don't know if you have met the intern, Ellen, but she's phenomenal and so we are really beefing up our this week in Meridian videos. I really would love it if all of you would watch those. They are on YouTube. We have already had the views go up since I started and it might just be my mom and dad, but maybe -- maybe if you guys could all tune in, too, and if you see Ellen don't be afraid, we are going to -- I'm going to have her introduced -- Meridian City Council Workshop January 13, 2015 Page 22 of 58 De Weerd: Ellen is in the lobby. You may want to just ask her to step in so we can -- let's just give updates with the name. Ellen is amazing and she is an intern that's been working directly with Kaycee, with Ken -- actually, with all of us in the office. So, say hey -- Fogg: Hi. De Weerd: You might just tell them what school you're going to and your year in school. Fogg: Sure. I'm going to Mountain View High School, which is just up the road over here and I'm a senior this year, so 12th grade. Almost done. De Weerd: And that's not good news to us. Right? So -- but thank you. We sure enjoy having you and working with you. Fogg: Well, thank you. I appreciate that. Emery: Thanks, Ellen. Madam Mayor, thank you so much for recognizing her. She is fantastic and just the videos she puts out. So, I'm really excited about the videos we can do with her, so don't be shy if she puts a video in your face, we want to get you guys on camera more. We want people to learn more about Meridian. The video is a very, very powerful tool to use, so we are excited about that. I'm also right now -- you know, we do newsletters every other week, but right now I am in the midst of the annual report. It feels like a boot camp of sorts for me, because I'm learning a lot, especially in the last few weeks that I have been putting together the annual report. So, I look forward to all of you seeing that in the next few weeks. And, again, I'm happy to be here and I look forward to sharing with you my goals and a few slides, but for now I will pass the baton back to Robert. De Weerd: Thank you, Kaycee. Simison: So, needless to say, we are -- we are excited to have her on board, what she's doing. Customer service -- you know, I think it's really important to acknowledge all city departments give exemplary customer service. I think that our office is the customer service leaders, because we are the first and often the last stop. You know, when they don't like the customer service they get from other people, well, they come to us and sometimes they bypass everybody and just come to us and we work with them. But Ken and Peggy do a great job on that. They are kind of our two people that are the forefront of that. We believe in the CARE values and utilize the Meridian Way in our office to help solve things and just some of the groups that we work with and we don't just take complaints, we also work proactively with many people. That's an important part of what we do. But last year we had 63 -- we attended 63 HOA meetings from our office. There was 47 meetings that were held with the faith community. There was 62 business visits that we helped organize with the Mayor, many of those, and we had at least 221 official public inquiries last year. Those things that we can easily track through e-mails, letters, phone calls that are logged, or those last stop complaints or Meridian City Council Workshop January 13, 2015 Page 23 of 58 first stop complaints, as we like to call them. But we are always looking for solutions and try to do the right thing for the community when we are looking at those solutions. Another one of our areas that we focus on are events. Activities and events are part of the way we work to connect with the community outside the walls of City Hall. We just don't do these check boxes when we do these, because they matter that they get us outside of the walls that you have an opportunity to interact with people in different ways. And life is important, because while we were higher than the northwest and national average through the course of the city survey, public involvement and local decision making is an opportunity for improvement here in Meridian and these types of events and activities and activities so create those types of connections to points. So, for town hall meetings, for example, when we are doing town hall meetings we are trying to -- geographically trying to get to different parts of the community and we also -- we look for opportunities to have discussions about issues which are pertinent in that area. So, like when we have town hall meetings, like we focused on the temple or when we were downtown where we had a conversation about the new bus route, you know, we try to see what's going on in the community and create an opportunity for people to come and have the conversations. Much in the same way Coffee with the Mayor. You know, we really need to use this opportunity to get and connect in 12 local businesses and let people see what our new businesses are. We have seen great increased turnout this last year. I don't know how many of you went to the library, that was the first time we had one at the library and we -- it was a great turnout at the library with hitting a new demographic that we probably haven't seen a lot and even for the ones we did, with training and Coleman Homes and Gramercy Park. They all brought in some new people that we haven't seen before. State of the City, we do that annually. Six, seven hundred people, 182 people at Meridian Business, our office works with that group to help make that a success. And, then, our Neighborhood Star Award where we had about a hundred people show up for the same people who received awards. Programming. This is another thing we will look at from our office. And, really, our office is focused on some of the youth programming and in accordance with the city survey again, 26 percent of the respondents identified programs for youth as an item that the city should prioritize. That was the third highest item in the survey, but I'm proud of the things that we are doing in our office related to youth and that we have been able to even expand that from not just the MYAC, but down into the middle schools with one of their -- with their youth safety summit that they were able to do this last year and the work that we are going to continue to do that you will hear a little more about later. But the CEO book club now in its ninth year. We had seven at the -- seven of our sponsors this year out of the eight are return from last year. It just shows that there is a continuous investment by those people. Our youth scholarships continue to be funded through the State of the City, which is great, and now I'm going to have Ken come up and talk a little bit about MYAC from the office. You hear from MYAC a lot, so it's going to be pretty brief compared to what you normally would, but I know he has got a few things to say. Corder: Thank you, Robert. Madam Mayor, Members of the Council, good afternoon. I am -- for the record I'm Ken Corder, the community liaison for the city. Meridian City Council Workshop January 13, 2015 Page 24 of 58 De Weerd: And employee of the year. Corder: There is that. Thank you. I am very passionate about my position and so I would love to highlight some involvement we have had from our community in some of these programs. Starting with MYAC. Through grant sponsorship opportunities and partnerships, we were able to gain 15,500 dollars to support activities and events, such as the National League of Cities trip we just recently took in Austin and Ball and the Hall, our annual fundraising events and also our culmination of our MYAC year where we have the youth come and dance with the Mayor and myself, hoping some city council representative and their parents. In addition to the -- the new teen roadway safety assessment program and as well as the youth safety summit program. So, it's not just the community giving to MYAC, MYAC also gave back in 2014. They were able -- they were able to raise 2,500 dollars for Buckle Up For Bobby and the American Heart Association, in addition to approximately 500 dollars for the Meridian Food Bank through our recent trunker treat events. There are those numbers. We would prefer those to be a little bit higher. All the aforementioned agencies were very appreciative of the high visibility events that we held here or at the Village at Meridian or other locations. So, MYAC being sort of a -- the teen organization and spotlight, these partner agencies we work with are able to boost of their endeavors as well. So, it truly is a cyclical relationship. In regards to the faith ambassador council, our quarterly meeting of all of the faith entities in Meridian, we have actually seen the number of those attendees double this last year. We were holding the meetings in the Council conference room. We have actually had to move them to Conference Room A and B to accommodate the larger group. We have made a tremendous emphasis on having all of denominations at the table and I am proud to say we have achieved that goal. So, there is a true balance and we come together, the Mayor and I, we challenge our faith group to -- to get involved and truly take church beyond their four walls. We have seen them really -- really ramp up their efforts to help fund care, which is really something that our faith community is passionate about. They saw a need with our food -- with our food bank this -- this holiday season where they were really low on those beginning supplies and -- turkeys and such. So, they just jumped right in and helped with that. Additionally, something that we found from our listening tour last year was that our community is really passionate about homelessness and although Meridian is perceived to be very new and everything is going, you know, we are just like this move where we didn't having this. We had about 400 of our students who were homeless under the age of 18 and 67 over. So we challenged our faith community to get involved with Catch, which is the charitable assistance group that partners with the district, as well as Help Hope, which is another leg with the district helps homelessness for those age 18 and above. They were willing to locate financial resources, as well as lower rents and some of the different needs that some of these folks need, to -- in regards to our Faith Ambassador Council, tremendous group, it's growing by the day, and, again, we challenged them looking forward to a positive 2015 with them. So, one of my -- one of the hats that I wear is I am the liaison to our HOA's, the Chamber of Commerce, as well as various other businesses and there is a little thing on my job description that says job search, that's a huge one for me. Meridian City Council Workshop January 13, 2015 Page 25 of 58 De Weerd: That's my favorite one. Corder: Mine, too, Mayor. So, one way to sort of acknowledge folks in our community is through the Neighborhood Stars program and I know Robert had mentioned it previously. We did receive -- we did have ten recipients of the neighborhood stars this year as nominated by a neighbor or an acquaintance. The nominations vary from organizations such as Kendall Ford with their Kendall Cares program to the genesis service dog program or just your common HOA -- actually, I shouldn't say common, folks that work at HOAs go above and beyond. Our HOA folks, who do so much in their neighborhood and oftentimes go unnoticed. So, I'd like to actually highlight one of those stories. We had two ladies, Edee White and Carol Standley who are absolutely passionate about the removal of puncture vines, also known as goat heads. If you're a bike -- bicycle enthusiast you will know that they will damage your tires, but these goat heads are actually oftentimes located near our playing fields, primarily -- case in point would be Sawtooth. So, these ladies, they take bread sacks, put them over their shoes, and actually go out and walk around and dance on them. Took the story to MYAC, the new council actually would like to get involved with them and so we are going to be having a dance party sometime this year, because they -- De Weerd: A goat head dance party Corder: I goat head dance party. I know. We intended to do this goat head removal with them as part of Rake Up Meridian, but it's hard to remove goat heads or leaves when there are nine inches of snow. So, we will be making this up later on. But as a result of this goat head removal we will permanently be part of Rake Up Meridian. So, a little victory for the community as a result of the Neighborhood Stars Award. So, I know this is a strategic look ahead, but in order to look ahead we must look back. So, I wanted to report on these same entities next year and I want to thank you for the opportunity to serve our community. I will stand for questions. De Weerd: Any questions for Ken? Okay. Thank you, Ken. Simison: Okay. So, moving on. And I should have just had Kaycee come right back up, instead of me coming up here, so, Kaycee, you can kind of come up and talk about the communications priorities for 2015. Emery: Madam Mayor, Members of the Council, this is my favorite slide. I am very excited about the year to come. First and foremost you see there is a website redesign. I met with the team that's working on that. It's a local Meridian business and the website looks fantastic from a design point -- standpoint. Now, we have a lot of work ahead of us. We have to map it out and, then, put it together with all of our IT components. So, there is more work to be done, but we are looking at mid March for that completion. So, that is definitely something you will see come to fruition in 2015 and that's very exciting. And, again, that's where the resident in me helps as we start to design this stuff, because I'm on a website paying my utility bill. I have been on the website trying to find events going on, what's going on in the park. So, all of that is in Meridian City Council Workshop January 13, 2015 Page 26 of 58 the back of my head as I design this website. What are residents going to want right when they come to our website. So, that's helpful. Next on the list is the stream town halls. We do want to -- we do want to be able to stream these town halls for our residents, because people want to be involved, they just can't always make it to the location. Another thing I'd like to look at, another component, is to do webinar sorts where they can even be interactive, ask questions via that webinar tool. So, that's something we are researching right now and looking into, but we are definitely looking at making -- streaming something that is -- something our residents can expect anytime we have a town hall meeting, which I think that will be really good for outreach to our community as well. When it comes to increasing connections, we want to do that across the board on social media. Social media can be a very powerful tool if used correctly and so we are really bolstering our social media. Since I have been here we have implemented a platform tool where we can schedule posts, so if we know there is going to be road construction delays, we can schedule that post to go out right before those road construction delays made the day before, so we don't forget it, because there is constant information coming in and we want to share that with our residents, so we have implemented that tool and we are using that, the few of us that are on social media. We have also added Linkedln, so we will be communicating with people via Linkedln, Twitter, Facebook is a big one, and YouTube. YouTube is where all of our videos will sit and I'm going to try and push those out on social media as well to bring people back to our YouTube page and one thing about the Facebook is I hope that all of you have liked our Meridian City Hall page and if you have we want to double the likes on that page this year. So, please, share that page with your friends, tell them they will not regret following it. We are going to have lots of information, maybe some fun things, do faces in Meridian. We are going to introduce people to some residents across the community. So, it will be an information stop and some fun as well. We are really excited about all of our social media initiatives. De Weerd: And, Kaycee, I think it would be important on the faces of Meridian that we want to highlight and show who are the faces of Meridian. Our residents and those people that are out there, like our Neighborhood Star Awards, the unsung heroes that are making Meridian this premier place to live. So, if you have some recommendations, we are always interested to meet people, to hear their story and to share it. So, please, let Kaycee know as we -- as we can -- to really shine the spotlight on our residents and what they are doing in their neighborhoods to make this a great place to be, so -- Emery: Yes. That is a fantastic idea. In fact, my e-mail address is kemery -- k-e-m-e-r-y @meridiancity.org. Anytime you have a faces of Meridian idea or even just a post you think is relevant to the community, you can send it my way. It doesn't mean that I will post it, that's part of my job is to be a filter of what we think is actually relevant to our residents, but, still, just send it my way and that's very helpful to get as much information out there as possible and that's part of our community service, too, to our residents is to get that information out to them in all avenues. Communications or branding plan. I am a huge branding nut. The people in the Mayor's office that work with me have already realized this. I want to have Navy blue and gold day around -- in Meridian City Council Workshop January 13, 2015 Page 27 of 58 the city where everyone has to wear Navy blue and gold, like they do blue and orange on Boise State days -- De Weerd: Or green and yellow or some ugly color like that. Bird: I don't think anybody wants to wear green today. Emery: No. No. No. No, we are not doing that. But we are very much -- I love -- I love our symbols, I love our branding, Navy blue and yellow, I really want to see that everywhere, I want people to identify that with Meridian. I have even been looking at this wall throughout this meeting wondering if we need to paint the wall back there in a blue -- I'm a little bit of a branding nut, but we will be looking at the communications plan to make it really effective and to make sure that all of the material we are putting out into the community is very branded, so that when people know when they get something they know it has come from the City of Meridian. It's really important in identifying yourself with your residents. We want to be proactive in media relations and part of that includes department training for media publications. So, I'm looking forward to that, training everyone on how to best deliver the city's message, no matter who is talking to them, whether it's a reporter or just a friend or a resident, just always being able to deliver our message correctly. And, finally, we want to work on a welcome video for new customers. How this will be delivered we are still -- we are still thinking about this, but We -- we did put out the idea of maybe a thumb drive. When you first move to the city you get a thumb drive from us and it has a video on there and it says Meridian on the thumb drive. It's something they can reuse, but it also has that welcome video that they have that welcomes them to the city and talks to them about the amenities that they have here. So, that's about it. Does anyone have any questions? De Weerd: Any questions for Kaycee? Bird: I just got a statement. Don't bring up the black and gold, though. Okay? Emery: Those are nice colors. All right. Well, thank you so much for your time De Weerd: Thank you, Kaycee. Simison: The other goals and priorities that we are going to have for our office this year -- the listening tour, you heard Ken say on the listening tour about 16 months ago, but if the city survey is, you know, putting on through the running test, this is just, you know, going through your doctor's office and having them take your blood pressure, but we will be out meeting with probably 150 to 200 folks here in the community to get their feedback on how we are doing. We are going to be launching a Mayor's Walking Club for kids. There will be more information coming out about this, but we have got a great partner set up with Blue Cross at this point in time on that -- on that program, so more information coming. Meridian City Council Workshop January 13, 2015 Page 28 of 58 De Weerd: Well -- and just to add to that, just met with St. Luke's yesterday, too, who is really interested in that as a community partner and a lot of this stems from the Mayor's walking challenge in October. We had seven elementary schools that participated. Our talk letters. Peregrine had 100 percent participation from all of their students in their school that walked in the walking challenge and Ponderosa Elementary, who is the leader in all elementary schools in the valley and I'm sure the state, they walked over 7,000 miles and so it's just incredible the energy from these -- these kids and just the excitement. Hey, I was even crowned Queen Tammy at River Valley. So, I got the first sash I have every had in my life and so it was really fun. The kids are inspired to be active and the Mayor's Walking Club is really -- the idea was to continue to challenge them to walk, not just the month of October, but year around and to make it fun and we do hope that it transitions into the history walk, into the Meridian -- Move It Meridian and other activities that fits into our strategies for our five year strategic plan. Simison: And speaking of strategic plan,, you see on there strategic plan implementation. That's a big one, which we don't know exactly how that's going to be working. We know that our office will have a major roll in making sure that that is implemented. So, more to come on that, but that would be one of our goals and priorities to make sure that there is a process and accountability towards that plan. De Weerd: And we are hoping with Lori Jones sitting in the office she looked at that youth market or youth farmers market and thought, uh, how can FFA be involved in that. So, we are planting a seed, Lori, and bringing a unique farmer's market to the City of Meridian that's a nitch that will not be replicated anywhere else and, again, show our strategy and priority to youth in our community. Simison: The last one I'm going to mention, then, is Do The Rights and I'm going to mention that by saying you will find out more about that at the State of the City, so -- Zaremba: Stay tuned. Simison: -- stay tuned on that. So, future goals. I just wanted to use this time really quick to give you a precursor to what you might see in the form of budget enhancements this next year from the Mayor's office. Some of the things we talked about doing is we would like to update the City of Meridian videos. Kaycee mentioned a welcome video. We do have some videos -- it's been about four years since they were last done. They will probably be updated, so that may be something we look is to do a budget enhancement if we need to do that. The other thing is newsletter in the utility bills. When you look back at the city survey where do people get their information from the city, the number one place that they identified was the utility bills and, you know, there is a cost to put something in the utility bills. It's not being budgeted for now, so we were talking about doing a small quarterly newsletter that we can put out in the utility bills. But there would be a cost to that as it's done by a third -party vendor and it's not something we can just pay for ourselves. So, with that you will see those here in about seven months. But Todd already sent out the information to us, so it's coming real soon. So, with that I will stand for any questions or comments. Meridian City Council Workshop January 13, 2015 Page 29 of 58 De Weerd: Council, any questions? I see none. Thank you, Robert. Simison: Then I'm just going to stay here with Emily. Milam: Thanks, Robert. Bird: Thanks, Robert. De Weerd: Yes. And thank you to the Mayor's office staff. You are awesome. Just saying. Bird: We are not going to say that. B. Mayor's Office: Resolution No. 15-1044: A Resolution Appointing John Nesmith to Seat 5 of the Meridian Impact Fee Committee De Weerd: Yes, we are. I already did. It's on the record. Okay. Council, under Item 7-D, you have Resolution 15-1044, a resolution appointing John Nesmith to the seat -- Seat 5 of the Meridian Impact Fee Committee. That seat was vacated by Treg Bernt. It's traditionally been held by someone in the Parks Commission and so John stepped up and I'm asking for your confirmation of this appointment. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 15-1044, appointing John Nesmith to Seat 5 of the Meridian Impact Fee Committee. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-13, the appointment of John Nesmith. Mayor --Madam Clerk. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. C. Legal Department: Percent for Art Discussion Meridian City Council Workshop January 13, 2015 Page 30 of 58 De Weerd: Item 7-C is under our Legal Department for discussion from the Mayor's -- or the Meridian Arts Commission to get some feedback from our Council members. Kane: Thank you, Madam Mayor, Members of Council. I'm Emily Kane. I'm a deputy city attorney in the City Attorney's Office and I provide staff support to the Meridian Arts Commission. So, I'm here today to talk to you about a proposal kind of kicked off by the Meridian Arts Commission for a percent for arts ordinance. On their November 13th meeting the Meridian Arts Commission recommended that Robert and I start a conversation with City Council moving toward the adoption of a percent for art ordinance in the City of Meridian. A percent for art -- what is a percent for art ordinance? It is an ordinance establishing that a percentage of a government agency's budget or other revenue source will be invested in public art and that money can be used for installation, maintenance, or administration, depending on how the ordinance is set up, but it's just a commitment that a government agency will spend part of its budget on public art. So, why do we need public art? Art, as you have heard before I'm sure, enhances the esthetics and character of a community for residents, people that live here, and people that visit Meridian. It contributed to economic development and makes this an attractive community for businesses and families. It establishes a sense of place, so it makes it so that our community is different from other communities and helps us express our identity as a community, it helps neighborhoods express their identity. It's also mentioned in our Comprehensive Plan, Meridian envisions a vibrant arts and entertainment scene, integrating the arts experience into every day life and enhancing the spirit of our city. So, it's something that we value as a community. A percent for art ordinance is a way of funding public art. It's a long term commitment to art in our community. It expresses our community's values and makes it kind of official, makes it a more formal statement of our -- the value that we place on art and it ties funding to a consistent source. Several other agencies nationwide have percent for art ordinances. Twenty-five states, including our neighbors, Oregon, Montana, and Washington. At least 350 other cities -- I realize that that's a pretty old statistic, so at this point that's probably much higher. Approximately a third of that are cities that are smaller than 150,000 people. There are six cities in Idaho that have percent for art ordinances. One of them is Boise. They have a 1.4 percent percent for art ordinance, so 1.4 percent of all city projects go toward art. They have a Department of Arts and History and a visual arts advisory committee that make recommendations regarding the investment of that money in art. Boise has spent about three million dollars on public art from the percent for arts ordinance since 2001 and they are -- I have learned that their art projects are connected to the project -- or the department that generates those funds. So, for example, if it's a public works project that generates the percent for art monies, then, that art is at that public works facility or another public works facility. Simison: And just the -- I'm sorry. The airport is an example of it. They also have their own fund and, then, the funds are -- things are done there at the airport. Kane: Correct. Coeur d'Alene also has a percent for art ordinance. Theirs is 1.33 percent. Their parks director administers those funds. They also have an arts commission and they have spent about 630,000 dollars since its passage in 2000. Meridian City Council Workshop January 13, 2015 Page 31 of 58 Hailey is about 1.25 percent of all city projects over 25,000. They have an arts commission and they have spent about 135,000 dollars since 2008 on public art. Moscow is at one percent of city projects over 25,000. They have an arts director and an arts commission and they have invested about 83,000 dollars since 2009. Rexburg, their percent for art is 1.25 percent of city projects over 25,000. Their parks and recreation department -- well, their parks and recreation and cultural arts director, with their arts council and city beautification committee administer those funds and they have invested about 246,000 dollars since 2005. Meridian has expressed a commitment to art in their Comprehensive Plan. One of their goals -- one of your goals say that the city will allow all Meridian residents and visitors an opportunity to experience public art and, more specifically, a goal is to evaluate and establish a percent for art ordinance. Our city code provision in empowering the arts commission also expressed some of those goals with regard art to highlight our rich cultural resources, enhance our esthetic environment, promote the development of economic, educational, recreation and tourism opportunities through public art. So, there is some decision points if you would like to implement a percent for art ordinance. One is the purpose of funds, the source of the funds, the percentage to be dedicated to art and, then, who and how we would administer those funds, just the mechanics of getting that done. So, if it's all right, I think we would like to have a discussion about maybe the -- how that might look and what might work, some direction from you about how to set up our own percent for art ordinance in Meridian. Simison: Yes. And I'll just chime in right here. I think that when you -- I will preface really -- as Emily mentioned is to come to you and find out if you're interested in having a percent for art ordinance and, if so, what that might look like. There are many different ways -- you saw what most of the other cities here in the Treasure -- around the state did, where they have dedicated a one percent of capital projects on things over 25,000. But we have had discussions with the Finance director, Mayor, and I know others that there are other options, we don't need to tie it to a capital -- capital amount in that process. We could look at doing a percentage of what's returned to the capital improvement fund at the end of each year. We could tie something to population, which has a not to exceed number, so, you know, as our population grows a little bit more goes in there, but you would have a number that you're comfortable with. But those are some of the -- some of the options that we could be looking at and, then, there is also another decision point related to funding, depending upon what you -- how you may or may not want to do something is the Enterprise Fund, should the Enterprise Fund be utilized for things that -- and we know that they have to be used on -- on Public Works property, if it was to do it, but, for example, reservoirs in the park -- at Settler's Park, if you would like -- if it would be great on that, it could be a percent of art for those type of projects or at the various well sites around the community. I don't think that we have personally talked about going towards the projects that Boise has done in terms of manhole cover art, you know, that we don't know that you can see a lot driving 35 or 55 miles an hour to maybe appreciate some of those pieces, but those are other decision points in terms of what type of projects will we be looking at. Will we be looking at primarily capital projects, do we use the arts commission's strategic plan or do we need to create a new one that would focus on specific type of projects here in the community, Meridian City Council Workshop January 13, 2015 Page 32 of 58 say that this could only be used for public art projects -- in essence, the 25,000 dollars, or to implement this street box art program would be another example. So, that's where we are. We'd like to open it up for any questions you may have or any comments the Mayor may have on -- on this topic. De Weerd: Thank you, Robert and Emily. Questions for Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Does the arts commission have a recommendation or a request that they -- for us to proceed? Is it more just to gauge our thoughts and feedback? Kane: Madam Mayor, Members of the Council, Council Member Cavener, the arts commission did establish a subcommittee and started digging into some of those details, so there are -- not specifically a recommendation, but certainly some ground has been covered by members of the commission. I have also done some research and I have a draft prepared, but without direction from Council -- there are a number of blanks to fill in. So, the short answer is -- is, no, the arts commission does not have a recommendation with regard to the mechanics of the ordinance. Certainly they could make those recommendations, but for now it was -- it's a general recommendation that we move forward. De Weerd: I think it would be safe to say that the arts commission -- they are appointed to the arts commission because they have a dedication to public art and so they are looking for something that is a funding source that can progress the goal of public art in our community. They are hoping to know kind of from Council what are the sideboards, what is the city's vision that they can utilize to help bring back a recommendation that's -- that fits within the vision and the sideboards that -- that Council would support. It's -- it's hard to work with a blank sheet of paper and know what the interest and the commitment is from the decision makers, you don't want -- it's kind of like going in and buying a car and walking away saying did -- did I get a good deal, did I pay too much, did -- you just never know. So, they are looking for the sideboards. Ms. Milam. Milam: Madam Mayor. I support the idea -- the percent for art, but as far as the mechanics go, I mean I don't -- that's the same thing, blank piece of paper, you know, where do we start. I would love to see some recommendations or see -- you know, what other people have to say, but I definitely support this project. The ordinance. Simison: If I could speak at least for -- if you're looking for some recommendations based upon at least what has been presented. I think from staffs perspective, from the things that we feel most comfortable with would be either tying it to a population figure, if we were looking at a not to exceed type of number. Secondarily would be a percent that would be returned from the capital improvement fund each year. Again, tied to a not to exceed number. The issue with that one -- and that was some of the Meridian City Council Workshop January 13, 2015 Page 33 of 58 recommendations, both from the finance director and others -- some years you don't have anything to return from -- from those funds. Some years you have a lot. You know, it really varies and I think that part of the goal is to try to come up with what is the city comfortable with in a dollar amount. No one's asking for a million dollars, but I think that they would like, you know, more than 2,000. 1 mean you can't do a lot with 2,000 if the goal is to try to put public art into the community. So, that -- that would almost be my first question for Council is if you have a dollar figure in mind about what you think would be appropriate, we can work towards what type of mechanisms are out there to do that. Milam: Madam Mayor? Robert, so why do you recommend doing it different from the way that every other city in Idaho has done it? Simison: We think for transparency reasons. Rather than hiding it in -- and I'm not saying other people are hiding it, but rather than burying it in a one percent for every project that gets done, just you're much more open about one lump sum transfer, for lack of a better term, you know, carving out a portion that you know is for that. And that was really the comments we heard was -- to do it this way, other than the way that other people, is better for transparency. At least that was the thought. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And, Robert, I agree one hundred percent on that and -- but I have no idea how much money -- great idea. Support it. Now we got to figure out the mechanics of -- and, you know, public art and stuff goes on regardless of what the economy is going on. You know, if the economy goes down you still might be in the middle of some public art and you don't want your funding to go away. So, tying it to certain -- like projects and stuff -- projects right now, yeah, we are a new city, we are growing fast. The other cities that we got up on the screen there are old cities that aren't growing near the percent that we are. So, you can tie it to projects, but I'm like you, Robert, I want that thing transparent, so that everybody knows where that money is coming from. Nothing is hidden. Even though we don't want to hide it, it can get hidden. But I don't know where -- I don't know the amount or -- I think the commission -- I think the commission is -- are the people that should come back and say we'd like to work with this amount of money a year, that we can -- then we know what we can do and, then, we -- you guys can sit down and come back with us with a recommendation of how we obtained that amount every year. Simison: If I could -- and this is a cart and a horse discussion, because I think they are in the exact same place. If you look at what was -- what has been spent, I mean to do the Under The Sky and Dreaming piece, you know, was about 100,000 dollars. So, if you were to look at funding that's 50,000 dollars a year, every other year you could do one large project or each year you could do one, maybe two smaller projects, if -- if the goal is to put -- I think the one that was done over in Centennial Park, the park -- thank Meridian City Council Workshop January 13, 2015 Page 34 of 58 you. Piece. I think that was about -- was that about a 25,000 dollar piece, if I'm not -- if I'm not mistaken. Bird: Kentucky Fried Chicken I think was about 35,000. Simison: Exactly. So, I think that -- I think that we are in that -- we are in that area somewhere probably -- De Weerd: It wasn't a chicken, by the way. Bird: No. No. De Weerd: Just for the record. The welcome piece of art Simison: I think if I could just speak from a lay person's stand -- staff standpoint, I think if you look at the current budget that this Council does, you would put -- you're putting about 100,000 dollars a year into pathways each year. I think that there is a certain amount of money that's trying to be earmarked for streetlight type projects. I wouldn't see this being above those type of investments. So, I think that you're talking below a hundred thousand dollars for certain, but that's -- yeah, I personally like tying it to population, do a half a cent per person, with a not to exceed of 50,000 dollars once you hit the 100,000 mark and if Council wants to revisit that when we reach 100,000 people in the community, they would be welcome to do that. But we can definitely bring back some proposals. I know the Finance director is supportive and wants to find a way to do this that is transparent and meets the goals. If the Council is willing, we will bring back some options. Bird: That would be my -- Madam Mayor, that would be my recommendation. Bring us back some -- what -- you know, what you -- what they think they could use a year and -- you know, and bring it back to us and with some ideas of how we can obtain it. And I have no problem with doing like we do with pathways or something, sticking it in as a budget item, a line item, under the arts commission. You know, I have no problems doing that. I just want it to be very transparent and know some kind of amount. I don't want to give 100,000 if they only need 50. De Weerd: Then added to the transparency is what those dollars would also be used for and tying it to the five year strategic plan or what would be qualifying projects. So, some of those items for discussion for Council would -- would at least give a better sense to Council what their vision is and to the commission in return what the Council's thinking is. Mr. Zaremba, did you have something? Zaremba: Just to chime in with what's already being said. I think that I agree with it. I like the idea of -- of having a -- a specific line item for art projects. I think that's far more transparent than saying every other project will make a contribution, you kind of lose that in the budget if you do it. I think having a specific line item where we can say this is the proper or appropriate amount of money to go. I think this has been said as well and Meridian City Council Workshop January 13, 2015 Page 35 of 58 putting that together, look back and see what we have spent on art in the last five years, let's say, because we have made investments and just add that up for us. If somebody can sort that out of what -- of what's been done, add that up for us and use -- maybe use that as a guide. But go for it. Yes. Kane: Thank you. De Weerd: Mr. Borton Borton: Okay. Madam Mayor. I'm really glad to see this come forward. From my perspective I would -- I would want the arts commission to take the lead and defer to their kind of ground of level expertise in ways to structure it. It's not a matter of -- of placing a line item on a budget I don't think and us electing to fund it or not fund it, so to speak, but really -- and a lot of things that we try to do are set up a structure for this city to be successful when all of us are gone, 20, 30, 40 years, and I envision if we are going to do something like this it needs to be structured in a way that it doesn't necessarily raise adequate revenues in year one, it's intended to be consistently applied and grown over the years to do that long term. So, with those guidelines I think the arts commission really is the right group to bring back that direction. One area -- and maybe when you started you might have mentioned it and I apologize if I missed it. There are some communities that have structured these where private enterprise and development is assessed a fee as part of a development project, allocate a portion of the -- the project cost towards arts -- I didn't know if you talked about that. That's a totally different animal -- much more problematic in my eyes. But it doesn't sound like that's what you're discussing. Okay. Good. Kane: Madam Mayor, Councilman Borton, no, I understand that's an option, but as far as I know no one in Idaho does that and we didn't explore that as an option. Borton: Okay. Kane: I think in other states it's called an art -- art in public spaces. It's almost an art in lieu fee -- or fee in lieu of -- they -- you sub in art for something else. So, it's an incentive -- incentive program. But that's -- you're right, that's different. Borton: Okay. Simison: And, Madam Mayor, Councilman Borton, if I'm not mistaken, I'm going to kind of defer towards -- look towards Caleb and Bruce in the audience, but I believe businesses have the opportunity to put art in as part of meeting their development applications if they so choose to, for certain -- if that's the case. So, I think there is an option for development if they want to do that. De Weerd: I think there is a qualifying allowance for open space or -- or other showing amenities as part of commercial developments and -- yeah. And maybe it's even a Meridian City Council Workshop January 13, 2015 Page 36 of 58 matter of strengthening some of that language, too, to get those incentives. Okay. Does it -- yes, Mr. Cavener. I'm sorry. Cavener: Sorry. If I could maybe just chime in real quick. And Councilman Borton put my point I think probably much more eloquently than I will. But I will maybe -- maybe I'm in right field here on my own, but I for one am completely in favor of one percent of all capital projects going towards art. My concerns with a line item, that's something that can easily go away and I don't want to have that happen and to the -- to the point of transparency I think that if it's something that we do moving forward, we are transparent about that and maybe it's one percent of the capital projects with an annual cap. And, again, I may be alone here in right field, but I, for one, am completely in support of that and I'm happy that the arts commission is doing this. But ultimately I think we want to see the arts commission come back with -- with a plan. Simison: And, Madam Mayor, Councilman Cavener, when we say a line item, I think what we are talking about is an ordinance. So, it will be established, it will not be subject to Council's discretion, unless you change the ordinance. Cavener: Okay Simison: For whatever is envisioned, whether that's a percent for art or a set amount. If I can just ask one other question. Any thoughts on Public Works type of projects, if you think that funds from that should go towards beautifying the Public Works facilities? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we go off of projects, certainly, they should -- their projects should be treated the same as anything else. And I realize it has to go on their deal, but they do a lot of stuff where public arts can go. De Weerd: But I do believe it should be related to the utility as well. Bird: Yes. De Weerd: So, I think, again, setting parameters of what would qualify and what that would be. Simison: Okay. De Weerd: Anything further from Council? Bird: I have none. De Weerd: Thank you both. Meridian City Council Workshop January 13, 2015 Page 37 of 58 Simison: Thank you. Kane: Thank you. D. Finance Department: FY2015 Budget Amendment: FY2015 Carryfoward — Grants De Weerd: 7-D is under our Finance Department. I will turn this over to Todd. Lavoie: Good evening, Madam Mayor, Members of the Council. I'm here to present to you the -- or discuss with you the fiscal year 2015 carry forward for grant funding. This is an annual protocol kind of function that we do. These are all funds that were presented to -- to you as a Council in years past. This is just a process to carry the funds from fiscal '14 into '15 to allow the project managers, program managers for the grant funds to move forward with spending authority and this year the value that we are requesting to carry forward from 2014 into 2015 is a little over 227,000 dollars. So, again, all those funds were approved and presented to you as a Council in prior years. This is just a -- part of the protocol to get the funding and spending authority for the project managers for any grant funds for fiscal year '15. So, with that I stand for any questions. De Weerd: Maybe you need to work with Robert in teaching him how to present a short discussion. I'm kidding, Robert. Council, any questions for Todd? Bird: I have none, Mayor. Lavoie: Thank you. De Weerd: We like that. Short and sweet. Lavoie: Perfect. Have a good night. De Weerd: Again, this is just procedural and you have already seen each of the grants that this represents as the carry forward. Any questions or do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the FY 2015 budget amendment and FY 2015 carry forward grants of the amount approximately 227,000 dollars. Milam: Second. Meridian City Council Workshop January 13, 2015 Page 38 of 58 De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. E. Parks and Recreation: Storey Park Development Dog Park Contract Update De Weerd: Item 7-E is under our Parks and Recreation Department. You will have an update on where we are at with our dog park. Barton: Good afternoon, Madam Mayor, Members of Council. Wanted to give you an update on our dog park project at Storey Park. As you remember last summer we bid the project and -- and bids came back significantly over budget, so we recommended that we didn't award that -- any of the contracts and kind of go back to the drawing board, which we did. So, we took the project back and looked at some value engineering items. We looked - we had an eye towards things that wouldn't compromise the project, did some additional soils testing and we were able to reduce sections under concrete and still -- still maintain the integrity of the project. That, together with a favorable bidding climate in mid December -- we opened bids on December 19th. We were able to bring the project back below our budget and would like your approval of the five contract bid packages for the amount -- in the amount of 929,721 dollars. And with that I will stand for any questions. De Weerd: Thank you, Mike. Council, any questions? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: This is kind of a sideways question, I guess. Are we doing any work out there right now? Barton: Madam Mayor, Councilman Zaremba, thanks for the question. That's a Public Works sewer project that is part of the iron and manganese removal system for the well house that is bringing sewer across the property. They are installing a manhole that we are going to tie into for our restroom building. So, it's not a parks project, but it's on part of the park that will be developed. Meridian City Council Workshop January 13, 2015 Page 39 of 58 Zaremba: Great. I'm glad to hear that. Part of my concern as I drive by on Watertower every once in awhile, I have never been absolutely certain where the property line is between what we traded with speedway or the dairy board and it always looks to me like they are encroaching into our property and I was concerned about that. But if that's our work that Public Works is doing, that's fine. Barton: That's our work. Zaremba: Okay. Thank you. F. Parks and Recreation & Purchasing: Approval of Award of Bids and Agreements for "Storey Park Development - Construction" to multiple contractors per the attached schedule for a Not -To -Exceed total amount of $929,721.66. These awards are the result of the Formal IFB issued December 1, 2014 and opened December 19th. Fourteen bids were received for the five different bid packages. De Weerd: Okay. Any other questions? Okay. Well, Item 7-F is also related to this item. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm going to do this -- I move that we approve the contracts -- and I'm going to give the contractor and the amount for each bid, so it is publicly. Bid number one package is sidewalk, utility and asphalt, Alta Construction for $400,233.66. Bid package number two for landscaping and irrigation is Sterling Landscape for 263,657 dollars. Number three -- bid package number three for fencing and gates goes to Butte Fence for 106,500 dollars. Bid package number four, the prime building package goes to Wright Brothers for 126,126 dollars. Bid package number five, electrical systems, goes to Energy Enterprise for 31,205 dollars. And with that I move that we approve these contracts. Cavener: Second. De Weerd: I have a motion and a second to approve Item 7-F as read into the record. Any questions or comments? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. And thank you, Mike, for you and the team to work on how we could carve -- carve off some items to make it affordable and within budget. Appreciate that. Meridian City Council Workshop January 13, 2015 Page 40 of 58 MOTION CARRIED: FIVE AYES. ONE ABSENT. G. Community Development: Presentation of Preliminary Findings for Multipurpose & Event Center Project Development Plan by Pegasus Planning & De Weerd: Okay. Item No. 7-G is under our community development project and just for the record I will tell you that we are going to reschedule 7-1 under the Public Works 2014 engineering project close out. Staff had to attend to after hour restrictions, like daycare and that kind of stuff. So, they went home. And so we will reschedule that to another agenda. Thank you, Warren. De Weerd: Bruce. Chatterton: Madam Mayor, Council Members, just a brief introduction before Sean launches into the meat of his presentation. First off, we are very excited to get your thoughts and some preliminary directions for the project development plan for the multi- purpose and event center. You may remember, just by way of explanation, that originally we were looking at three main uses. A number of those that Sean will go through in his presentation came out of the economic development strategy and audit that we did a few months back. First we were going to look at a Conference center as a catalyst project. Also a performing arts center. And, finally, we threw in, really almost for good measure, the idea of an outdoor sports and concert venue. That -- of those three projects, as Sean will describe, we found both data and antidotal evidence that there is a demand for two of them, the conference center and a performing arts center. That is for a right size, right located, properly executed project. Not so much, though, for the outdoor sports and concert venue. I think we wanted to include it, because we knew it would -- it would come up. It certainly wasn't a straw man to be knocked down, it was -- it was definitely an intellectually honest approach to whether or not downtown or anywhere in Meridian could benefit from such a venue, but we just don't feel the same traction or the same demand or really the same level of energy from all of our stakeholders about that particular facility. So, Sean wanted me just to mention that that's -- you know, we can talk about that a bit more. There is more to that discussion than -- than just those brief comments I just made. But I just wanted you to know that that's where we are with that piece and we can get more into this if you want. We are -- of the alternatives that you are going to be seeing and the concepts, there are many, many other possible alternatives, iterations, locations for these uses. What we have tried to do is based upon conversations with numerous stakeholder groups, individuals, folks -- institutions in the community, we have tried to come up with the ones that really rose to the top. Pretty much the cream of the ideas that are out there. And so, really, that's what Sean's going to be presenting. There are many, many other alternatives that could have been presented, but these are the ones that came to the top. So, we are going to be very interested, if you all agree -- Sean will also be giving this same presentation to MDC tomorrow morning and also to chamber as well, our partners in this project. So, excited to get your thoughts on this important project. Sean. Meridian City Council Workshop January 13, 2015 Page 41 of 58 De Weerd: Welcome back, Sean. Garretson: Thank you. Good evening, Mayor and Council Members. Let me get situated here. I'm glad Bruce gave that introduction. In all seriousness I actually had about a 45 minute presentation, so I am condensing this into about 15, just in the nature of a long meeting. So, there is going to be some data and charts that I'm not going to go into in a lot detail. Just know that. If you have questions at the end, happy to talk about it. So, Bruce mentioned this a little bit. You remember this slide. The catalyst project that we talked about, the downtown conference center and Venture Meridian were two of those catalyst projects. I understand you might be moving forward with the Venture Meridian, which I think is a great idea. You will see that as a little bit related to what we are talking about today and -- okay. So, what goes into this hole -- I say secret sauce, but this project? You know, ultimately we have been working on this for about two months and we will be coming back in early February for a final presentation and you will get a report then, but we have done a lot of data analysis on the conference center space throughout the region, done some case study analysis, had a business -- online business survey, analyzing sort of what people need in terms of meeting space, what the demand is. Focus groups, interviews, several site visits, and, then, again, a couple presentations with the chamber and urban renewal board. So, we have inventoried all the space within zero to a two mile radius and, then, a five mile radius. In zero to two miles, basically, you have about almost 8,000 square feet of space. In two to five miles you have a total of about 96,000 square feet of conference center meeting room space. Some of that is actually outside of Meridian, kind of on the fringe. You can see geographically on that is kind of distributed, with a lot of that outside of that blue circle is the -- is the zero to two mile radius -- two mile radius. So, what we have done is -- you know, what is the -- what's the demand for future meeting space and if we look at your current meeting space per capita, you're at about 1.26 per square feet. Boise is about 3.4. Eagle is 1.6. Nampa is 3.4. So, it's a pretty conservative ratio and if we just apply that to your future population you're going to need an additional 40,000 square feet of conference center space through 2025. What we are proposing -- we will talk about it here today -- is about half that space. So, the two charts on the right are directly from the online survey. You can see how the businesses responded. There is the need and a demand and interest for more meeting space. A couple of things -- of all the interviews and the focus groups, there is definitely a need for more meeting space in Meridian. Most of the meeting spaces you saw is not in downtown, it's farther from downtown, almost a mile or two miles from downtown. And a couple of those things that we now understand in looking at some of our case studies is that strict municipal conference center spaces that don't have a private component to it, there is always a lot of subsidy that is involved with that, since you know that going into it. And, then, had a lot of conversation with the Boise center and was very gracious with his time. Understood, you know, what they are getting ready to do, you're probably familiar that they are getting ready to expand another 50,000 square feet of space and when they do that, that -- they are doing that specifically to be able to attract a much larger national audience. When that happens a lot of the smaller meetings that they have been having will be looking for additional space. That's -- he also thinks that's actually very good for Meridian City Council Workshop January 13, 2015 Page 42 of 58 Meridian. So, just on the performing arts center space -- and we looked at a conference center and, then, a performing arts center space. On the performing arts center space we have met with just about every stakeholder that is with an art or performance arts group in the Boise, Meridian region. There are several groups in downtown Boise that are looking for a new space, particularly the Opera Idaho and -- is it Ballet Boise or Ballet Idaho? De Weerd: Ballet Idaho. Garretson: So, both of those. And that downtown location where they are at, they need to move. They are actually interested in this space, being in Meridian. All of them -- of everybody that we have talked to, they want to be in downtown, they are familiar with what the school district has proposed recently about, well, maybe we can expand upon our performing arts center space. That is not of interest to them and I don't know how to -- I mean not to sound ungrateful, but it's just not the kind of space they really need. The Boise -- the performing arts center space that's in Boise, you may recall there was a similar study that I'm doing for the Boise area and -- and it recommended that one of the existing facilities, not the Morrison facility, can be expanded, but, then, Morrison came out and said, you know what, we know our space is too large, it's cavernous, we will just put a drape in the back and we will call it a day and, basically, at that point the whole project fell -- fell apart. So, this idea of the school district, you know, providing that sort of an alternative, is similar in feel to that process that was worked through with Boise. Space needs that they need. All of them need about 800 to 1,200 seats. They need an orchestra pit, some office space for some of the arts groups and, then, a couple of things at the bottom I will come back to. We have found one location, the Harvest Church, which I think would be an ideal location. If you haven't been in that, it currently has 800 seats, it's a very nice performance and would accommodate everything. It would need to be expanded a little bit and we are doing another site tour tomorrow with some folks that can give us some cost estimates for making that happen. Here is just quickly the case studies that we kind of looked at. We are -- we profiled every one of those, too, and it's going to be in a final report. So, we have looked at, you know, what may be successful, et cetera. What the cost per square foot was and it really ranges from a hundred dollars -- 150 dollars a square foot to around 750 dollars a square foot, which is extremely expensive, but if this is something you want to pursue, that cost estimate is something that would be directly dependent what kind of finish out you want. So, when we -- after all that analysis, after all the stakeholder meetings, et cetera, we know -- we now know what types of projects or project concepts that we are looking for and it really breaks down into these two types. You can see Concept A and, then Concept B-1 and B-2 at the bottom. Concept A is the performing arts center. Concept B is a conference center. B-1 is without a hotel, B-2 is with a hotel. So, all of those parameters that we put in there before we started analyzing sites was based on that analysis, based on the stakeholder feedback. So, these are the sites -- we looked at a lot of sites throughout Meridian. Definitely have kind of narrowed it to downtown. So, these are the two main sites that we are looking at. Right next to us, so -- I can color here, right? So, we are right here right now in City Hall, so Meridian, Idaho, Pine, and Main Street. So, this is the -- this is the -- the Harvest Church site, A, and B is what Meridian City Council Workshop January 13, 2015 Page 43 of 58 we just referred to as the old city hall site. So, of course, you own this property, Urban Renewal owns this property. So, between the two of you guys you own the majority of that block. I will come back on that. I want to get to some site plans that we have. We took the liberty to kind of go as far as we can on it. So, this is the Harvest Church site. You know, again, the Harvest Church owns a majority of this. This is a small single family or actually duplex residential area caddy corner from the Boys and Girls Club. I think this definitely has great potential being mixed use redevelopment at some point. But this is the sanctuary right here. So, the sanctuary and the performance arts center space is here, but, then, this is a large meeting room space and, then, the basement of that is an unbelievable amount of well finished out -- right now is I think used for children's groups, but they could easily be used for offices, et cetera. And, then, the Harvest Church office here, they own that, in this area up through I think this. So, that's that one site. Again, we will get into a little bit more detail. So, B, as you know, you all own this property here. This is the old city hall. And, again, these are the two urban renewal owned properties. This is where the Children's Theater is right now. This is where the wine venture was going to go to. So, we talked just a little bit about the performing arts center space in that location. So, again, we are just referring to that as the A area. So, the cost of this -- the Harvest Church being reused, repurposed, as a performing arts center space. We know what the cost is. The Harvest Church is actually interested in talking about it, in terms of them selling all of their assets there. And, again, tomorrow we are going to find out what the cost might be to get that up to a -- to a level where it would be adequate for performing arts. You can see some of the uses at the bottom that have definitely expressed interest or they are kind of ready to be on board. Then the -- when you get into that in a little more detail, you can see the purple outline. Again, that's all the Harvest Center -- excuse me -- Harvest Church area. The green area is currently empty. Our recommendation would be just to kind of activate that space with, you know, a food truck area, plaza. This building here we recommend that that would be removed, so that you could have more parking throughout this whole area. And, then, in terms of the pros and cons implementation, the reuse of the church is really the best cost-effective alternative. Having it downtown versus the church, provides a much larger economic impact to the downtown. It would really help with a lot of revitalization, put a lot of more pedestrians on the sidewalks, which would help your retailers. The one thing that's nice is that that sanctuary is only used twice a week, so there is actually in the building now in the short term for the performing arts groups to start talking with them and using that before you go into a much larger facility. Again, it is right across the street from the Boys and Girls Club, so there is some good interaction there. Cons, you know, a green field sight might be better in terms of tailoring to each user needs and also for all the performing arts users are going to have to coordinate. Each of them have about three -- three events per year, but there is a lot of time that they need to set up and stuff like that, so a lot of coordination, but very doable. So, back up on the B on the conference center, so first B-1, which is no hotel, so what we are recommending there is removing the old city hall building, creating more parking for -- for this whole event and, then, this is the location -- primary location down here for the conference center space. So, 18,000 square foot. Building footprint, two stories, 15,000 square foot of conference space on the bottom and, then, on top, if venture lab does move forward moving into city hall -- gets moved Meridian City Council Workshop January 13, 2015 Page 44 of 58 in to the second floor of this and, then, I have children's museum, but, you know, I have had a conversation with Discovery Center downtown, they are definitely very happy in that location, but they would be interested in exploring how they could be involved in that -- in that type of a location. I want to just say if this happens, venture lab should -- I believe you should still move forward with that on city hall. The timing for this would probably be, you know, closer to three years out, so you'd still get a very good return on your money and -- and you would build up that entrepreneurship base in the downtown. So, this is sort of a site plan. Brian McClure did these for us. Did a great job, obviously. So, this is with the no hotel. So, it's reversed a little bit, so, again, you can see this is Meridian, Pine, Idaho and Main here. So -- so, that you can see the conference center space where the B is right there and, then, all of the parking that would be for all of this. We really see this whole district becoming sort of a performing arts and conference center district, which I understand -- you know, I think some of the folks in the city have been wanting to have the opportunity to redevelop on a couple of city blocks -- at least one city block. So, I think this gives you that opportunity. Pros and cons. Pros it enlarges both the city -- city -owned property and the urban renewal owned property. You know, construction cost in this example, without the hotel, is just the conference center, so it would be lower. Eliminate that discussion that you have to have with the private sector. A mid size conference center would definitely do well. I think it would be filled up just based on all of our analysis. Cons with it. As I mentioned, the conference centers without the attached hotels sometimes have a little bit difficulty, you know, generating enough revenue to make it work and, then, you know, having a hotel as part of it would really give you much large economic impact downtown. So, B-2, with the hotel -- so, you can see the yellow area now is all the city -owned property. This would be the site for the hotel here and, you know, what we suggest regardless of the hotel, not hotel, this linkage becomes a very important linkage between where the performing arts center main -- main entrance would be with a potential conference center and hotel. I have talked a little bit about this already with the hotel, only about 150 room hotel. We know there is a demand for that, just in our analysis and looking at your occupancy as well, and I think I have talked about the other aspects of the conference center, so I'm going to move forward. So, this is what the site plan looks like in B-2. Again, you can see this -- this pathway connecting the two, the performing arts center over here with the hotel and, then, the conference center in this location. So, pros and cons of that, you can probably guess what I would say there. Again, you're still leveraging both the city and the urban renewal owned properties, again, with a -- with a private sector entity you're probably going to be a little bit more financially sustainable and, again, it's going to generate a much larger economic impact. The cons, on the other hand, you know, it would to the overall project cost, it would take a little bit longer time. You know, right now most hotels are, you know, along Meridian. I am actually staying in the only lodging location next to downtown. What do you think it is? De Weerd: I hope it's not the Knotty Pine. It is Knotty. Garretson: It's an air B and B. Well -- anyway, it's an air B and B right on Meridian Road. So, having that downtown -- having it downtown would just -- you would get Meridian City Council Workshop January 13, 2015 Page 45 of 58 more people walking around. So, my last slide here -- I'm just trying to move on from that. De Weerd: I know. I'm just -- that was my outside voice. Garretson: Those who know me know that I would have taken that and run, but I'm biting my lip. So, in terms of next steps. Again, we are going to try and come back February 3rd for a final presentation. You know, at that presentation and the report we will have a lot more on the cost and the implementation. We really need some feedback on this week from you, from your urban renewal agencies, a board and chamber, about the options that we presented, A and B-1 and B-2. Performing arts center in terms of next steps, you can kind of read through this, but I think there are definitely some discussions that can happen right now with Harvest Church and whether or not that's with the city and Harvest Church or with some of the performing arts groups, there is an individual who could potentially be a benefactor for almost all of that. That would not, then, put it on the shoulders of this city, which I think is another reason why to kind of look at that sight. And on the multi -use conference center, again, I would definitely move forward with venture lab I think in the location of city hall and I'm actually south of Austin in San Marcos, I'm opening up a co -working space incubator myself in about 9,000 square feet of space and there the economic development group is providing all of the finish out costs and it works out to be about 70,000, because they recognize that as a city they don't do much entrepreneurship very well. Public sectors don't do entrepreneurship very well at all. So, for them it's the equivalent of one FTE that basically handles that and becomes very successful. So, we will move forward with that. I think it is worthwhile to have some discussion sooner, rather than later with the hotel operator. We did meet the last time I was here with one and, then, based on that I think it's -- it's -- I am so sorry. So, that I think is next steps -- all next steps and with that if you have any questions be happy to answer them. De Weerd: Thank you, Sean. Council, any questions? Bird: I have none at this time. Very good presentation. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Sean, this might be in the final report, but there was talk about funding tools, a component of making choices: Garretson: Yes. Borton: Other than paying cash to complete some of these projects. Is that included in the more detail? Meridian City Council Workshop January 13, 2015 Page 46 of 58 Garretson: Absolutely. Yeah. And we -- we have looked at those options. We are really just waiting to kind of see of all of these -- B-1 and B-2, for example, which one are you all the most interested in us pursuing further and, then, we will focus a lot more on -- on the funding mechanisms and how other communities have done that. So, any feedback you can give me on that tonight would be -- would be helpful. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Option B-2 is intriguing, at least to have that question answered. It involves much -- a much more robust public-private relationship to make that successful with a hotel, so that probably opens up different tool boxes to make it happen. So, that is the most interesting to me. Garretson: You know -- and there is some interesting things there, too. I mean Marriott, for example, you know, it's -- it's an LDS owned facility, you know, Scentsy has had plans for awhile to have conference center space, but, you know, they may be looking at a different option. So, I think that's an interesting angle for you all there and Scentsy is one that is interested in partnering a little bit, they just want to kind of see what it looks like before they -- before they commit, obviously. De Weerd: I guess just the process on Option B of putting it out for project proposals and that sort of thing, I -- we have never done anything like that, but even a process or an example of -- of what that would look like and so -- and there is -- you have shown two -- two options in blocks and we also have one on the other side of Main Street or on the other side of 2nd, so our -- when you come back will you -- will you further explore other opportunities or -- you just gave us a template of what could be explored? Chatterton: Well, Madam Mayor, Council Members, just a thought on the idea of going out to bid, you all may remember that before the Greater Boise Auditorium District settled on the really fairly recent expansion right where they are downtown at the Center on the Grove, they -- back about six years ago they had actually brought in a developer John Q. Hammons, who was bringing in Marriott as the flag hotel and the idea was a similar model to what Sean was talking about, they were going to create a -- basically a new separate convention center integrated with the hotel. We have learned a lot from talking with Pat Rice and the GBAD folks and I think we might want to talk to them a little bit about how they were going to navigate exactly that -- that issue, Mayor, and rebuilding it on GBAD owned property, but they were also going to try to deal with the issue of a privately developed convention center that would also serve the public interest and how they were going to navigate that and get the room nights and the public interest, in addition to filling up rooms for Marriott and giving revenue for Marriott, would have been - I think that -- asking those questions I think would have been -- they thought that they -- they could have successfully done that. I think we should talk with them some more about that. Meridian City Council Workshop January 13, 2015 Page 47 of 58 Bird: Definitely. Garretson: You know, related to that, the -- the city -- we were out doing a co -office space, they did a Marriott Hotel conference center that is private -public partnership. So, the CVB is involved in that, so I can get a lot of detail on one that's actually been built, too. De Weerd: Oh, perfect. Garretson: To your question about sites, we looked at the -- at the site. We looked at a lot -- we looked at so many different sites. The sites that we presented today really are the recommended sites for us to -- we are recommending those as the sites for these projects for a lot of reasons. Some of those sites across the street, there is just a lot of questions still in terms of ownership, you know, who is --who is doing what, etcetera. It would be an ideal site to do it. You know, it's a great front entrance gateway into the city and that was actually the first site we talked about. But I think because of those issues I brought up we are recommending these other sites. De Weerd: Okay. Any other questions from Council at this point? Garretson: Thank you. H. Community Development: Pine Avenue, Meridian Road to Locust Grove - Non -Transportation Elements and Potential Partnerships with the Ada County Highway District and the Meridian Development Corporation De Weerd: Thank you. Okay. Item 7-H under Community Development also. McClure: Madam Mayor, Members of the Council, I'm here to speak with you tonight about that Pine Avenue project from Meridian Road to Locust Grove. The purpose of the project is to improve bike -- bike and pedestrian connectivity. I do want to emphasize up front this is not necessarily a road project. There are some roadway components, but the emphasis is on the biking and pedestrian connectivity. City Council has previously indicated that they would be willing to partner on this downtown entryway project, so the purpose of this discussion is to understand a little bit better what you may mean by that and what you maybe want to do with that. If at the end of this discussion Council is still agreeable, then, tomorrow morning staff will be meeting with MDC to, basically, have the same presentation discussion and at some point we will have to get into an agreement and a cost share with ACHD and MDC. Just as a note as it moves through. There is a number of bullet points. Bike lanes always are one of the required -- or one of the included elements, except for between Meridian and Main and in all cases with the proposed options -- option one is more expensive and option two is less expensive. Just a little background. Last year you approved this cross-section and adopted it as part of the Comprehensive Plan. This is from Meridian Road to East 3rd. It has a similar cross-section from East 3rd to approximately East Meridian City Council Workshop January 13, 2015 Page 48 of 58 6th. This location here -- everything you see here sits within the existing right of way. There would be no impact to property owners within that area. Noted, however, the curb alignment in here is in an ideal location. What ACHD is currently proposing has a curb alignment in a different location. It's closer to the center line of the road, which means -- or farther out from the center line of the road, which means you have less space between back of curb and edge of right of way to make the streetscape and parkway improvements. Because this is not a roadway project and because relocating the curb and adjusting the surface of the roadway and adjusting the crown, with the expense of it, it is not included with this. So, I just want you to understand as I move forward that some of these don't work as well as we would like them to, but it's because we are dealing with costs that are much lower than the typical wipe out the roadway and redo it sort of thing. So, this is -- I'm going to go through these in chunks. I'm not going to break it down into each section. If at the end of it you would like to get into more details we can certainly do that. This is a smaller chunk, because it's unique. It is the section from -- of Pine between Meridian Road and Main Street. It is the one section that does not have a bike lane, which is why I kind of wanted a special look at it. This is because the signal at both Main and Meridian Road has a turn lane. There is also on - street. There is also on -street parking on both sides and so that limits your ability to have bike lanes on the street. As a result of this all of the options you see here would incorporate shared zones in the street and, then, children of people who were sensitive to riding in the street on a bike would have to use the sidewalks. Option one, which is -- or I'm sorry. ACHD's baseline scope, which is what they are going to do regardless; includes retain the existing sidewalk, usually four to five feet, especially on the north side of the street. South sidewalk includes seven and a half foot parking and new curb and gutter where it does not exist already, primarily on the north side of the street. Option one is a seven foot sidewalk, eight foot buffer, and eight and a half foot parking. There are possible right of way impacts to this and, again, that's on the north side of the street. The south side of the street is already complete. Option two, which is preferred, is a seven foot sidewalk, six foot buffer, and seven and a half foot parking and, then, option three, which would be the least costly, is six foot sidewalks, six foot buffer and eight and a half foot parking. Main Street to East 3rd is kind of the bulk of this project. It is the area typically considered to be within the downtown. It's kind of where the urban renewal area ends off of East 5th, East 6th area. ACHD's baseline scope, it includes using existing sidewalk where possible. In sections where it was only four feet it would be one to five. In sections where there was no curb or gutter or curb and gutter was in disrepair would be either -- or repaired. They do spot repairs on curb, sidewalks. There would likely be some tree removal as a result of sidewalk easements and they would preserve parallel parking throughout. Option one includes seven foot sidewalks, eight foot buffers, and has right of way impacts. Option two, which is preferred, has six foot sidewalks, six foot buffers and fits within existing right of way. Option two is a compromise, because the curb location is set and because the minimum -- the minimum distance you can put street trees in the parkway is six foot. That's what we set the parkway as. It's been felt throughout that this was important for just look and feel as a downtown entryway corridor into the core area, so it's kind of splitting the difference there. It's not ideal, but it is a compromise. East 6th to Stonehenge Way is also unique. It's where you see the Five Mile Creek paralleling the road over there. Jay Gibbons Meridian City Council Workshop January 13, 2015 Page 49 of 58 added the temporary extruded curb and asphalt over there two years ago I think or close to two years ago. But that is ACHD also see that it's temporary and so project it would be -- baseline it would a seven foot attached sidewalk along the creek on the north side, it would have curb, gutter, and attached sidewalk. It would have a five foot sidewalk on the south with a six foot buffer, curb and gutter, and at this point no parallel parking occurs anymore. There is none there now and they would not be building any when they did this project. Option one would be a seven foot attached sidewalk along the creek north. Same. Seven foot sidewalk south and eight foot buffers south. So, the difference here is really on the south side of the street. You're limited on what you can do on the north side. There would be significant right of way impacts on the south side of this section here where there is houses. Option two, which is preferred, the seven foot attached sidewalk, creek along the north, again the same, six foot sidewalk and six foot buffer on the south, along with curb and gutter. This is the last section. Stonehenge to Locust Grove. ACHD's baseline here is seven foot attached sidewalk on the north, five foot sidewalk, existing on the south and a six foot buffer minimum on the south. There is some considerable setbacks on the south side of the street, so the buffer may be much greater in some areas, just because it's already there. And, again, just to reemphasize, there is no parallel parking. One thing to note here is from Stonehenge Way to Locust Grove, there are a number of subdivision access points and industrial access subdivisions as well. They would be proposing to do -- with this kind of -- with curb and gutter on the south side of the street and formalizing that street edge, you have a lot more room for a turn lane, so a turn lane would be part of this project, even though it's not really a road project. Option one includes a seven foot sidewalk on the north, the same, eight foot buffer on the north, not the same. Five foot sidewalk, six foot buffer, curb and gutter and significant right of way impacts on the north side of the street. Option two preferred is to kind of go with ACHD's baseline minimum. That would be seven foot sidewalk -- attached sidewalk on the south, curb and gutter, and, then, basically, keeping what's on the south as formalized with curb and gutter and the turn lane. I want to bring this one here. This is -- we went to the transportation commission last week. The church between East 2nd and East 3rd, the Methodist Church, they currently have angled parking in front of the church. Anyone who has driven up East 3rd knows you have a blind turn there and you also have a bike lane behind the angled parking, which is generally frowned upon. The church, however, relies upon this parking. It's well used. Anyone who drives by there usually sees cars there. So, there is a balance there. The transportation commission generally has -- didn't give us a formal recommendation. Some thought -- they had some other ideas. Some thought the parallel parking should go in and some thought the angled parking should stay there. However, since we met with the transportation commission, leadership with Methodist Church has gotten with city staff, who have met with them and they were inclined to see parallel parking there to address some of those safety concerns. I do want to just note that I feel that would be a burden for them. They do use that parking and they have been -- both now and in the past have been willing to work with the MDC or the city to look at other parking opportunities in that vicinity. So, while they are willing to see parallel parking go in there, they would also like to see some partnership in the future addressing parking issues they have. So, what does this mean? ACHD's baseline construction that their cost is 1,470,000 dollars. They also still Meridian City Council Workshop January 13, 2015 Page 50 of 58 have some design fees in there, but that's what it would be for construction. The city and MDC costs that would be shared -- if you went all option one would be -- and this is -- these are just scope estimates -- 300,000 to 525,000 dollars with a ten percent contingency. There is also -- developer built in some -- particularly on the high end, some expensive buyouts and damages. The city and MDC costs for all option two would be 150,000 dollars, with ten percent contingency and you're less likely to incur those buyouts and damages. If you want to know, this does not include landscaping. So, that would be leaving an empty parkway. That would be entirely on the city and MDC to do. So, question for you. Direction you'd like to give staff is what is Council's preference for sidewalk widths, parkway buffers and need for right of way acquisition. For example, all option one, option two. Option one, the core area or option two in the core area and baseline outside of the urban renewal area or any mix and match. What sort of elements would you -- Council like to see explored for landscaping, if any. Example trees, landscape rock or grass, and if Council feels comfortable partnering, what would be your preferences in terms of working with MDC. Do you have any idea how you would like to see that cost broke down. Do you have any direction you would like to give us -- give to them tomorrow, any questions. So, any help would be appreciated. De Weerd: Thank you, Brian. As usual very concise and detailed. I would say that as we look at partnership with MDC on whichever option Council prefers, MDC's area is 4th to 4th, so 1 guess We -- in my opinion if they would do from Meridian to 4th and the city would do 4th to Locust Grove, I think that is a great partnership. So, with that, Council, any questions or comments at this time? Certainly Brian is looking for direction. McClure: Madam Mayor, I would also note you have ACHD present, too, if you would like to ask them any questions as well, so -- De Weerd: Okay. Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Brian, the preferred option, is that the preferred option from the transportation committee? Is that the preferred option among staff? Who is -- who is saying this is the preferred option? McClure: Both. Transportation commission was generally in favor of all option twos and in the streetscape and community character group working with city staff, that includes parks, and community development and legal and public works generally were in favor of option two as well. Cavener: Okay. It was my preface as well. I just wanted to find out who was making those types of recommendations, so -- Meridian City Council Workshop January 13, 2015 Page 51 of 58 De Weerd: Mr. Zaremba. Zaremba: Thank you, Madam Mayor. I have to apologize that as much as I appreciated your presentation to the transportation commission and this one, I totally missed something and apparently I missed it a year ago when we approved the cross- section. I thought that the ultimate goal was to widen Main -- widen the -- Pine to a five lane roadway and if we do this project we would have, essentially, said that's nothing going to happen. And I'm -- De Weerd: I think we are very sure that's nothing that's going to happen Zaremba: But it will never happen to five lane? De Weerd: That's correct. Zaremba: Is that because traffic engineering studies have said it's not necessary? De Weerd: Caleb. Hood: Madam Mayor, Councilman Zaremba -- Zaremba: And I'm sorry to be bringing this up now. I must have missed it entirely at some point. Hood: Well, it's a good question. We should have maybe clarified that a little bit. Brian said this isn't a roadway project, so it wouldn't necessarily preclude it from ever happening, but right now in ACHD's CIP, their 20 year plan, it's only planned for a two slash three roadway. So, at most what they would be doing is adding a center turn lane. Obviously, you have to transition from the west leg of the Locust Grove -Pine intersection, which is five lanes now, down into something. But most of it that I recall it is -- we didn't want five lanes of traffic coming into our downtown necessarily, it would transition from Locust Grove to, you know, Main Street at some point to be a two or three lane roadway if you had a center turn lane running that entire length. So, that part coming -- working from the core back from west to east again, as Brian did in his presentation, the on -street parking seemed to be more important than capacity improvements to our community's needs. So, that's one of the reasons why, again, this isn't a roadway project, there is not a lot of value to the transportation agency for moving vehicles -- motorists really don't get a whole lot of value out of this, but for bicyclists, pedestrians, it does help that -- that -- those users and is funded, then, through another pot over there at ACHD and through the -- like other roadway projects that do add capacity. But I don't know that it's ever been fully vetted through Council to say, hey, do you realize that Pine is never going to be a five lane roadway, but it has been that way for some time, at least at ACHD through their modeling and assumptions that it would be a two or three lane roadway at most. Meridian City Council Workshop January 13, 2015 Page 52 of 58 Zaremba: I can live with that. Sorry I missed it before and I appreciate the explanation. De Weerd: Thank you. Other comments from Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Well, the way I look at it is just that everybody that's done these hard core studies recommends plan B and that makes the most sense to me and as far as the split goes, it seems common sense for both MDC and the City of Meridian, for them to cover their area and, then, we take on the rest, so -- McClure: Madam Mayor and Council Woman Milam, I do want to -- I don't want to make this more confusing, but I do want to just point out two things. One is not really to hard core studies, it's just what -- looking at what seems cost effective versus what you get out of it and the second would be all option twos per staff recommendation leaves more in on the MDC than it does on the city end. It's a lot harder to do the good improvements in the city end, because of right of way than it is in the core area where there is a lot more right of way. Their right of way locations are much heavier outside of the urban renewal area. Just a point of consideration. De Weerd: Any other comments? Bird: I have none. Hood: Madam Mayor, can I just ask one more relating to one of Brian's bullet points here. If you do do option two, what would you like to see that planter strip improved with? This is something we talked to parks about, but what is the -- I won't skew that where I'm maybe hoping your answer goes, but what would you like to see in that -- and there are some issues with whatever your answer is, we need to talk about irrigation and maintenance of those things and we want it to be consistent depending on what you do. Now, rock, obviously, there is not a whole lot of maintenance there, but some of these other options if you want it to be this entryway corridor in our downtown and you do dress it up well, how are you going to insure if the adjacent property owners that maintains that, how are we going to guarantee the same level. We can't. Maintenance of that, is that parks' thing even if it's in the urban renewal area boundary -- but, again, just to start simply with what would you like that planter area to look like and, then, that will help us kind of work through some of those other things. Can we even make it look like that. De Weerd: Well, I guess, Caleb, I think it would be easier getting the recommendation from the Parks Department with an associated cost of maintenance. Certainly we have set a gateway presence on Main Street from 1-84 into our Main Street area. That might be a little bit too -- too intense, but a combination thereof. Certainly it is an entry into the downtown. I would imagine that MDC -- and they have had a discussion on continuing Meridian City Council Workshop January 13, 2015 Page 53 of 58 a streetscape pattern and making all of that look the same, so you do know when you're in the Old Town area, as well as you are closer to Pine and Locust Grove, will probably want some kind of an entry sign, you're entering into Old Town or downtown. So, some kind of an identifier there, too. So, then, the rock would be appropriate, but -- and maybe that's for the block until the pathway begins and -- but I would like the Parks Department to kind of weigh in on an appropriate balance that is affordable, but is something that is a desired look for that -- that type of an amenity into our downtown. Because that has been expressed almost -- the several downtown discussions I have been on both the different planning processes that's been expressed as a -- as a priority. I don't know if anyone else wants to weigh in on that, but, again, it would be probably easier to -- to look at something that has -- has some cost and some ideas to it than kind of making it up on the fly, which I feel like I just did, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I -- I agree. I think that while I'd like to see other stuff, the landscape rock in areas is -- is very good, but if we start doing the landscaping in there and the grass and the trees and stuff, then, our parks has got to put in the electrical, the -- the irrigation and the cost goes up to the city and MDC, because ACHD isn't going to put their third in that one I'm sure. So, I'm kind of like the Mayor, I'd like to see some ideas. If it's feasible I'd like to keep it really nice and stuff and not just have rock, but if it isn't just having the road redone that way and stuff I can stand rock. McClure: Mayor? I don't think -- I don't think I said it, but just to be clear, all landscaping costs and all associated landscaping costs would be on the city and MDC. De Weerd: We were probably more aware of that -- painfully aware of that. Bird: Yeah. De Weerd: We are hoping that conversation might come up again. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think Brian wants to know are we willing to partner. This is one Councilman that is. De Weerd: I think, again, we go back to a number of different public processes and our -- our citizens have expressed that downtown should be clearly identifiable and we should show our pride in our downtown. So, I certainly would echo what Mr. Bird just voted on, yes, I think a partnership is -- is something that can be discussed and is probably more -- you know, more robust when we get to numbers to discuss as well. Meridian City Council Workshop January 13, 2015 Page 54 of 58 But even what you have shown, Brian, in my opinion, is -- is reasonable and I think you can get a commitment from MDC and the city on those. It's, then, what the additional costs would be in the landscaping aspects. Other comments? No? Any additional feedback you need, Brian? McClure: No. I think -- Madam Mayor, I think it was just that you are willing to partner still and hear more, so that's helpful. Thank you. De Weerd: Yes. Thank you. And thank you again for your work on this. Thank you, Caleb. And Justin. I won't call you a traitor at this point. Okay. Zaremba: He's not a traitor, he's actually a spy. Bird: Yeah. De Weerd: You're just continuing your great work on behalf of Meridian in a different agency. Zaremba: His new position -- yeah. In a new position he's helping us. I. Public Works: FY2014 Engineering Project Close -Out Report De Weerd: We -- we are going to reschedule 7-1 if that's still appropriate? Stewart: Yes, Madam Mayor, Members of the Council, I do appreciate that. Several of my -- members of my staff were going to present projects that they had completed last year and due to child care issues and one thing and another they are not able to be here, so if that's okay we would like to postpone that until they can actually present in person to you. De Weerd: Okay. Thank you, Warren. J. City Council Liaison/Committee Updates De Weerd: 7-J is under Council liaison and community updates. I know there has been a recent change of guard in many of our departments. If you want to wrap up your other ones and maybe kick off your new ones -- I don't know. I'm just going to turn this over to you all and ask Mr. Zaremba to kick it off. Zaremba: Oh. I didn't realize I was going to need to say anything. De Weerd: Only if you have something to share. Zaremba: Yeah. Well, if the idea is -- I thought these were settled, but if we were supposed to be mulling them over for the week, I'm happy with what I got and -- if that's the question. I'm satisfied. Meridian City Council Workshop January 13, 2015 Page 55 of 58 De Weerd: I don't think anyone asked for agreement or not. You were just told Zaremba: Well, I was happy I was told. De Weerd: I'm just -- I'm just asking -- I'm just asking if you have an update on either your old or your new departments. Zaremba: Oh. Oh. No, but I -- what I would say about Community Development, which I enjoyed serving with for the last year or so, was actually presented by Bruce and Sean. That's the most recent stuff going on and Caleb and Brian, so you have actually directly from them about those and I have not yet started my meetings with the newly liaison groups, so -- apart from saying I'm happy, I was happy last year, I will be happy this. I'm satisfied. Nothing to add. De Weerd: Okay. Very good. Mr. Borton. Borton: Madam Mayor, nothing to add. On the 29th I'm going to kind of close out some discussions with Finance and start the discussions with Fire and get on my way. So, nothing until then. De Weerd: Well, great. And I will just note that Councilman Borton and I did start a couple of discussions for the upcoming budget processes and that sort of thing and I do expect him to continue that. You can't just initiate something and, then, let it go. So, I so appoint you to continue on on that vein and -- and look forward to those continued discussions. Borton: And will do so. De Weerd: Okay. Mr. Bird. Bird: Madam Mayor, on my old, the police, they are doing great as usual. The building is going good. Our staff out there does a fantastic job, thank God. And on my new ones Finance I have talked to a couple times. We will start having our monthly meetings. As a Council we are going to do this -- do some discussion on -- on the budgeting and how it's -- how some of the stuff we might be doing a little different this year. And on my other deal, my Parks, we got -- we heard about that today and we had a meeting with the -- the Parks Department had a meeting with the speedway group, the Dairy Show Board, and Adam from the speedway, so that we could have some good -- be good neighbors while the project was going on and -- and I am very pleased with both departments. They are going great. De Weerd: And I will say that Todd put out a draft schedule for the budget and we will put that on a future agenda, just to get any feedback that you might have. As I was saying, we spent, after our last budget hearing, some time with each one of you getting feedback on how you would like to see things enhanced. We have been collecting that Meridian City Council Workshop January 13, 2015 Page 56 of 58 feedback. I have been working with the Council liaison at that time, as has our finance director. So, you will see some of that feedback implemented into the draft that will be brought in front of you and do appreciate your frank discussions and your ideas, because each year I think our two longer term Council Members would say each year it gets better and it gets better because of your feedback and we appreciate that. Mrs. Milam. Milam: Madam Mayor, I met with both of my departments today. So, I do have updates. With the Police Department, the body cameras that we approved have arrived. Infrastructure is in place, policy is being developed, and deployment is anticipated for May and the construction is going great, nothing out of the ordinary. The Clerk's Office -- the Information Services, the biggest issue is the passports. So, they are receiving approximately 50 voicemails a day for people having questions about passports and those calls have to be returned and it's actually eating into other -- other staff times and passport appointments are about two to three weeks out and they are working with -- the department has put together annual lists of records that can be destroyed per the retention schedule and, then, IT is working with police and fire department on their transition to the software record reporting and computer aided dispatch. So, busy, busy, busy. Our Arts Commission meeting was cancelled this month due to no quorum and SWAC hasn't met since October I think, so looking forward to that. De Weerd: Very good. Thank you. Cavener: All right. I will -- I will be brief. I was fortunate enough to meet with both of my liaison duties today, so I had -- I started my morning with Community Development and it was a touching base meeting and kind of outlining my goals for the year ahead and our plan of -- plan of attack. Much of what we discussed this morning was presented this afternoon and, then, my other liaison duties with human resources I met with Patty this afternoon and had a very spirited discussion about human resources and her philosophy and I'm really excited for my two new liaison duties for the year. In addition I will be attending the Parks Commission meetings. Next -- tomorrow night's is cancelled, so I will have a report potentially in March. So, that's it. De Weerd: Very good. Thank you. We appreciate that. Item 8: Ordinances A. Ordinance No. 15-1636: An Ordinance (AZ 14-012 Hill's Century Farm Subdivision) For Annexation And Rezone Of A Parcel Of Land Being The West % Of Section 33 And The West % Of The Northwest'/4 Of The Southeast'/40f Section 33, Township 3 North, Range 1 East, Meridian; Establishing And Determining The Land Use Zoning Classification Of Said Lands From RUT To R-8 (Medium Density Residential District) In The Meridian City Code; And Providing An Effective Date Meridian City Council Workshop January 13, 2015 Page 57 of 58 De Weerd: And, Madam Clerk, will you, please, read Ordinance 15-1636 by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1636. An Ordinance AZ 14-012, Hills Century Farms Subdivision, for annexation and rezone of a parcel of land being the west one half of Section 33 and the west one half of the northwest one quarter of the southeast one quarter of Section 33, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian. Establishing and determining the land use zoning classification of said lands from RUT to R-8, Medium Density Residential District in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Seeing that there is no one who would even voice the option of reading it in its entirety, do I have a motion from Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve Ordinance No. 15-1636 with suspension of rules. Milam: Second. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Future Meeting Topics None De Weerd: Council, any topics for consideration on future agendas? Seeing none -- Item 10: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Meridian City Council Workshop January 13, 2015 Page 58 of 58 De Weerd: We don't have a need for Executive Session on this agenda. It will be moved to next week. So, I would entertain a motion to adjourn. Bird: So moved. Milam: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:10 P.M. (AU D DING ON FILE OF THESE PROCEEDINGS) —/ d-? _/ 6 - MAYO MY WEERD DATE APPROVED o ATTES or �F SEAQ. r�k, X54-FiYk /iEe T0.E�",QY City Council Liaison/Committee Updates 8. Ordinances A. Ordinance No. 15-1636: An Ordinance (AZ 14-012 Hill's Century Farm Subdivision) For Annexation And Rezone Of A Parcel Of Land Being The West '/2 Of Section 33 And The West % Of The Northwest '/4 Of The Southeast '/4 Of Section 33, Township 3 North, Range 1 East, Meridian; Establishing And Determining The Land Use Zoning Classification Of Said Lands From RUT To R-8 (Medium Density Residential District) In The Meridian City Code; And Providing An Effective Date Approved 9. Future Meeting Topics None 10. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Vacated Adjourned at 6:10 p.m. Meridian City Council Meeting Agenda —Tuesday, January 13, 2015 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: PROJECT NUMBER: AZ 14-012 ITEM TITLE: HILL'S CENTURY FARM Development Agreement for Approval: AZ 14-012 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Annexation and Zoning of 223.73 Acres with an R-8 Zoning District MEETING NOTES r; P r". �P11U R Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-003138 BOISE IDAHO Pgs=13 BONNIE 01/14/201511:06 AM MERIDIAN CITY NO FEE 1111111111111 III IIIIIIIIIIII IIIII11111111111111III 00056863201500031380130136 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Brighton Investments, LLC, Owner/Developer 3. B & L Idaho 2, LLC, Owner THIS DEVELOPMENT APREEMENT (this Agreement), is made and entered into this \,� day of J . , by and between City of Meridian, a municipal corporation of the State of Idaho, ereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Brighton Investments, LLC, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713, hereinafter called OWNER/DEVELOPER and B & L Idaho 2, LLC, whose address is PO Box 8126, Boise, Idaho 83707, hereafter called OWNER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer and Owner are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer and Owner make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation,and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer and Owner has submitted an application for annexation and zoning of 223.73 acres of land with an R-8 (Medium density Residential) zoning district. Owner/Developer requested approval of a preliminary plat consisting of 675 building lots, 47 common area lots, and 1 other (elementary school) lot on 221.8 acres for Hill's Century Farm Subdivision, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT —1$LL's CENTURY FARM SUBDIVISION—AZ 14-012 PAGE 1 OF 9 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 25fl' day of November, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner/Developer and Owner to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer and Owner deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer and Owner to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Brighton Investments, LLC, whose address is 12601 W. Explorer Drive, Boise, Idaho 83713, the party that owns and is developing said Property and shall include any subsequent owner/developer(s) of the Property. DEVELOPMENT AGREEMENT -HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE OF 3.3 OWNER: means and refers to B & L Idaho 2, LLC whose address is PO Box 8126, Boise, Idaho 83707, the parry that owns said Property and shall include any subsequent owner(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be zoned Medium Density Residential District (R-8) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Direct lot access to S. Eagle Road and E. Lake Hazel Road, arterial streets, and E. Taconic Drive, E. Highlander Drive, and S. Newbridge Avenue, internal collector streets, is prohibited in accord with UDC 11-3A-3. b. A temporary access shall be provided via Eagle Road near the northwest comer of the site until two (2) points of permanent ingress/egress are constructed that meet the Fire Department's standards. Provide apedestrian bridge over the Ten Mile Creek as proposed for access to the regional pathway by residents on the east side of the creek. C. Future development of this site shall be generally consistent with the preliminary plat and conceptual building elevations attached to the Findings of Fact and Conclusions of Law (Exhibit `B"). d. The rear or sides of homes on lots that face S. Eagle Road and E. Lake Hazel Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. e. A 10 -foot wide multi -use pathway is required to be constructed along the west side of the Ten Mile Creek in accord with the Pathways Master Plan and should extend west to the S. Eagle Road/E. Taconic Street intersection. f A minimum of 10 site amenities shall be provided within the development and should be comparable to the following: a community center, tot lot playgrounds, exercise stations, passive gathering space seating, micro -paths, and a regional pathway. The provision of the school lot whether donated or sold DEVELOPMENT AGREEMENT -HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE 3 OF 9 is allowed to count toward one amenity. Specific amenities shall be determined with submittal of each final plat application. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either parry's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and DEVELOPMENT AGREEMENT -HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE 4OF9 defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT ,FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 1IL/► :/1 D LKRI]»Ial Brighton Investments, LLC 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER; B & L Idaho 2, LLC P. O. Box 8126 Boise, Idaho 83707 DEVELOPMENT AGREEMENT -HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE 5OF9 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. 1 TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third parry (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer, Owner and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer, Owner and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT -HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE 6 OF 9 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. . EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Brighton Investments, LLC By: CITY OF Qo� 10 9 ATT ST: cry°f j�(L IDIAN,% ayee . Holman City Clerk <,r SEAL °fie iRF �yU DEVELOPMENT AGREEMENT—HILL'S CENTURY FARM SUBDIVISION—AZ 14-012 PAGE 7OF9 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution ofthe Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER B & L Idaho 2, LLC By: w CITY OF MERIDIAN 0 0 Jaycee L. Holman,,City Clerk Mayor Tammy de STATE OF IDAHO ) ss: County of Ada, ) On this � r day of t>GCINt-Gr, 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared POCd 1N• '( Wrkty" , known or identified to me to be the AA94WApM M6m4yw of Brighton Investments, LLC, and acknowledged to me that he executed theame on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. / n (SEAL) AMANDA McCURRY NOTARY PUBLIC STATE OF IDAHO STATE OF ID)ktjO ) ss: County of Ada, On this day of for said State, personally appeare be the of the same on behalf of said Limited Not)ry Public fo I o Residing at: My Commission Expires: 2014, before me, the undersigned, a Notary Public in and , known or identified to me to L Idaho 2, LLC, and acknowledged to me that he executed ik�ty Company. IN WITNESS WHEREOF, I have her and year in this certificate first above written. (SEAL) set my hand and affixed my official seal the day Notary Public fN Residing at: My Commission DEVELOPMENT AGREEMENT -HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE 8 OF 9 STATE OF IDAHO ) ss: County of Ada, On this _ day for said State, personally be the 2014, before me, the undersigned, a Notary Public in and , known or identified to me to Investments, LLC, and acknowledged to me that he executed the same on behalf of said L=her ility Company. IN WITNESS WHEREOF, I hto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) ss: County of Ada, Notary Public foi Residing at: _ My Commission On this 23rjday of n1be ✓ 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared i I i 0- M {l1 U le r known or identified to me to be the fGhAw of B & L Idaho 2, LLC, and acknowledged to me that he executed the same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) gyp', N/V '; teoTMy :e t = Residing at: fl I (l' X 1941 My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On this �7) day of 20i-4,' before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee . Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Publi for Idaho Residing at: UZ�VA\ctrl , i Commission expires: �, �a n i tip � () DEVELOPMENT AGREEMENT -HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE 9OF9 June 18, 2014 Project No,: 24-031 EXHIBIT A 9233 WEST STATE STREET I BOIBE,ID83714 1 208.639.6939 1 FAX208.639.6930 LEGAL DESCRIPTION FOR PARCEL ANNEXATION AND REZONE A parcel of land being the West 1/2 of Section 33 and the West 1/2 of the Northwest 1/4 of the Southeast 1/4 ofSeodon 33, Township 3 North, flange 1 East, Boise Meridian, Ada County, Idaho and being more particularly described as follows: eommendng at a found aluminum cap marking the Northwest comer of said Section 33, which bears N89'15'22"W a distance of 2,660.61 feet from a found brass cap marking the North 1/4 corner of said Section 33; Thence following the westerly boundary of the Northwest 1/4 of the Northwest 1/4, SO413'33"W a distance of 1,338.75 feet to a found 3/4 -inch rebar marking the Northwest comer of the South half of the Northwest 1/4 and being the POINT OF BEGINNING. Thence following the northerly line of said South 1/2 of the Northwest 1/4 of said Section 33, S892752"E a distance of 2658.25 feet to a found S/8 -inch rebar marking the Northeast Comer of sell South 1/2 of the Northwest 1/4 of sold Section 33; Thence leaving said northerly One and following the easterly line of said South 1/2 of the Northwest 1/4, 500'19109"W a distance of 1,329.06 feet to a 5/8 -Inch rebar marking the Cemerufsald Section 33; Thence loaying said easterly line and following the northerly line of the Southeast 114 of said Section 33, 58944423"E a distance of 663.92 feel to a found 5/8 -Inch rebar marking the Northeast comer of the West 1/2 of the Northwest 1/4 of the Southeast 1/4 and being the Northwest comerof Rockhampton Subdivision No. 10, recordsofAda County, Idaho In Book 87 At Pages 10,003-10,004; - Thence leaving said northerly line and following the easterly line of sold West 1/2 of the Northwest 1/4 of the Southeast 1/4 of said Section 33, S002431"W a distance of 1,326.64 feet to a point on the westerly line of Rockhampton SubdiAslon No. 15, records of Ada County, Idaho In Book 92 at Pages 10,949-10,950, and being the Southeast corner of said West 1n of the Northwest 1/4 of the Southeast 1/4 of said Section 33; Thence IeWng said easterly One and said westerly line, and following the southerly line ofsaid West 1/2 of the Northwest 1/4 of the Southeast 1/4, N89'53'16"W a distance of 663.39 feet to a found 5/8 -Inch rebar marking the Northeast comer of the South 1/2 of the Southwest V4; Thence leaving saki southery line and following the easterly line of said South 1/2 of the Southwest 1/4, SW1910VW a distance of 1,329.12 feet to a found aluminum cap marking the South 1/4 of said Section 33; Thence leaving said easterly line and following the southerly line of the Southwest 1/4 of Section $3, S8915625"W a distance of 98192 feel to a point on the approximate cents r lne of Ten Mlle Geek; Thence leaving said southerly line and following said approxknats centerline the following three (3) courses: Nll"S4'53"W a distance of 389.70 feet to a point; N44'S9'2rW a distance of 744.06 feet to a point; NO6'44'23"W a distance of 431.53 feel to a point on the southerly line of the North 1/2 of the Southwest 1/4 of said Sedlon 33; Thence leaving said approximate centerline and following sold southerly Iine, N89'51'S9"W a distance of 992,43 feet to a found S/8 -Inch rebar marking the Southwest comer of sold North 1/2 of the Southwest 1/4 of said Section 33; ENGINEERS. I SURVEYORS I PLANNERS wwwArnertgllp.corn Hill's Century Farm — AZ 14-012 EXHIBIT A Thence leaving sold oppro>omate centerline and following sold southerly fine, NWS1'WW a distance of 992A3 feet to a found 5/&ixh rebar marWng the Southwest cornerof said North 1/2 of the Southwest 1/4 of said Section 33; Thence leaving said southerly line and following the westerly line of said North 1/2 of the Southwest 1/4, N00.13.37°E a distance of 3,338A7 feet to a found 3/4 -Inch re bar marling the West 1/4 connerof said Section 33; lh"ce leaving said westerly line and following the westerly line of said South 1/2 of the Northwest 1/4, N0043'13"E a distance of 1,338.75 feel to the POINT OF BEGINNING. Said parcel contains 223.733 acres, more or less, and Is subject to all existing easements and/or righbabway of record ar implied. (a 1$ ZOl`i Hill's Century Farm — AZ 14-012 Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: 4# PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. /S - 10 y3 : A Resolution Authorizing the City Clerk to Destroy Certain Semi -Permanent and Temporary Records of the Meridian Water Department MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE:. E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS A CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. !S- 105/3 BIRD, BORTON, CAVENER, MILAM, ROUNTREE,ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI- PERMANENT AND TEMPORARY RECORDS OF THE MERIDIAN WATER DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section 50-907(4) to, by resolution, destroy semi-permanent and temporary records, upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain semi-permanent and temporary records that may be destroyed pursuant to Idaho Code sections 50-907(2) and (3) because the time period for retention of such records has expired; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the following semi-permanent and temporary records of the Water Department: WATER DEPT. YEAR(S) I DESCRIPTION Semi-permanent Records Construction Samples for 1980 and 1983 through Bacteria sample results taken New Construction 2008 from water line/well construction. Construction Punch List 1978 through 2011 Projects inspection report on City projects noting repairs/corrections that need to be made Leak Letters 2008-2009 Letters that were mailed to customer informing customer of a possible leak are attached to the service order for leak check. Radio Licensing 6/30/2004 Licensing spreadsheets for SCADA radios, base station and vehicle two/way radios Service Orders / Service 2008-2009 Records including requests from Order Documents customer, Utility Billing, or Water Division to perform work or get a read at an address as well as historical logs showing service order number. RESOLUTION AUTHORIZING DESTRUCTION OF WATER DEPARTMENT RECORDS 2015-01 PAGE I OF 2 Water Meter Reports 1975 -Oct. 2009 All water meter -related reports including, but not limited to, water meter assessment forms, installation reports, proof reports, meter change -out lists, water meter re -install fee lists, exception reports, meter set forms, meter size totals report, meter and parts warranty return reports, work orders, stopped meter lists, meter reading high/low consumption reports, historical meter reading route and change -out reports, monthly reads, unread meters and malfunction reports, master route reports, and non -read exception reports. Temporary Records Backflow Tests 2011 Backflow assemblies test reports. Daily Chlorine Residuals 2007-2011 Field notes from Chlorine residuals taken from various sample ports in the City water system. Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, thisVday of January, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, thisAday of January, 2015. LI'T)aayor TdeWeerd ATTEST:By' �DTAN* cee Holman, City Cler lDPo SEAL W CJ'T VC ThT'�'� RESOLUTION AUTI4ORIZING DESTRUCTION OF WATER DEPARTMENT RECORDS 2015-01 PAGE 2 OF 2 Meridian City Council Meeting DATE: January 13, 2015 ITEM TITLE: EASEMENT ITEM NUMBER: PROJECT NUMBER: Heritage Grove Sanitary Sewer Easement MEETING NOTES LY] Ian �a 11v;tt Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-003137 BOISE IDAHO Pgs=5 BONNIE 01/14/201511:06 AM MERIDIAN CITY NO FEE IIIIIII IIIII' 1111111111111111111 II 111111111111111 00066962201500031370050065 SANITARY SEWER EASEMENT THIS INDENTURE, made this l3 day of Jan , 20tS between Gm UtllAac CTuGo�Y S�exv` lr,c. the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer 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 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 sewer line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection 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, ifs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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. Sewer Main Easement—Heritage Grove No. 1 - pg 1 EASMT SEW 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANT2=�--- LZ Tucker M. Jo son Green Village Development, Inc., President 372 S. Eagle Rd, Ste. 328 Eagle, ID 83616 STATE OF IDAHO ) : ss. County of Ada ) On this 29 today of, ))eCem�b rr -120/L-/ , before me, the undersigned, a Notary Public in and for said State, personally appeared &L4QJ' /1-1 known or identified to me to be the President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first (SEAL) NOTARY PUBLIC FO�i IDAHO Residing at. (�, 2 � Commission Expires:Z#L Zo ZO Sewer Main Easement — Heritage Grove No. 1 - pg 2 EASMT SEW 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy eerd, Mayor �,AT3D Appy s o� Ctyaf Attest b ycee L. Holman, City Clerk 0//VIE I�TDTAN Approved By City Council On: SEAL V�Ae [0.F 0.t STATE OF IDAHO, ) : ss County of Ada ) On this 1-f) day of -,�a .nuo , 20\(�'�- , before me, the undersigned, allotary 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. (SEAL) Residing at: K— t Commission Expires: U Sewer Main Easement — Heritage Grove No. 1 - pg 3 EASMT SEW 11-15-13.doc EXHIBIT A SANITARY SEWER EASEMENT DESCRIPTION FOR GREEN VILLAGE DEVELOPMENT INC. An easement located in the SE 1/4 of the SE 1/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said SE '/ of the SE '/4, from which an aluminum cap monument marking the northeasterly corner of the SE of said Section 31 bears N 0°31' 11" E a distance of 2659.05 feet; Thence N 0°31' 11" E along the easterly boundary of said SE % of the SE '/ a distance of 456.78 feet to a point; Thence leaving said easterly boundary N 89'46'17" W a distance of 227.00 feet to the POINT OF BEGINNING; Thence continuing N 89'46'17" W a distance of 373.32 feet to a point; Thence S 0'31'12" W a distance of 20.00 feet to a point; Thence S 89°46' 17" E a distance of 373.32 feet to a point; Thence N 0°31' 11" E a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 7,466 square feet (0.171 acres) acres and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated May 30, 2014 vO� =�I Op'01/ 3A0�1J 151ID07 N !� fes- .Lz'ZOZZ ,8L'95'6 3 WW ^IO 2 2 hti SIN oz 3.,11116:0 N WHO --- �_ �---- 1-1 GA � sm'-- 0 �LIJ � 4 ZFy-N N ro W� I I a W — — m co Nil 0 0 L -. ZW�g "'K 1 o YOR F aD y. oaa ,OZ M „1!11£.0 5 Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: AWARD OF BID AND APPROVAL OF AGREEMENT Award of Bid and Approval of Agreement to Custom Electric, Inc. for the "WELLS 11, 17 & 25 CONTROL SYSTEM UPGRADES - CONSTRUCTION" Project for the Not -To -Exceed Amount of $119,900.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY I SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Worthington Date: 12/29/2014 Re: January 13"' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 13'h City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to Custom Electric, Inc. for the "WELLS 11, 17 & 25 CONTROL SYSTEM UPGRADES - CONSTRUCTION" project for a Not -To - Exceed amount of $119,900. Recommended Council Action: Award of Bid and Approval of Agreement to Custom Electric, Inc. for the Not -To -Exceed amount of $119,900.00. Thank you for your consideration. 0 Page 1 Date: 12/27/2014 Fund: 60 Department: Construction: x CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST REQUESTING DEPARTMENT PW-ENGR 340 0 GL Account: 94300 Project # PSA: Task Order: Project Name: WELL 511, 17 & 25 CONTROL STSTEM UPGRADES - CONSTRUCTION Project Manager: Clint Worthington Department Representative: n/a Contractor/Consultant/Design Engineer: Custom Electric / Budget Available (Attach Report): Yes Contract Amount: $119,900.00 Will the project cross fiscal years? Yes No X Budget Information: FY Budget: 15 Enhancement #: 3 Grant #: n/a Other: n/a Type of Grant: n/a CONTRACT CHECKLIST BASIS OF AWARD Low Bidder X Highest Rated Master Agreement (Bid Results Attached) (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: December 27, 2014 10417.F Date Award Posted: December 17, 2014 PW License # PWC -C-12614 Current? (attach print out) Yes Corporation status Goodstanding Insurance Certificates Received (Date): January 2, 2015 Rating: A Payment and Performance Bonds Received (Date): January 2, 2015 Rating: A - Builders Risk Ins. Req'd: Yes No X If yes, has policy been purchased? n/a (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: December 29, 2014 Approved by Council Issue Purchase Order No, Date Issued: WH5 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) cLn 1� J Cl) W Ir L L 0 0 0 0 0 of o 0 O W N O In n N W N c0 N d3 d3 EH H3 X X X X X X X X X X X X X X X X X X X X y N U C N ca W Q OU (Z U U U a c m U) U W cN ar W E O W in U 1<1 101 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WELLS 11, 17 & 25 CONTROL SYSTEM UPGRADES - CONSTRUCTION PROJECT # 10417.f THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 13th day of January, 2015, 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 Custom Electric. Inc., hereinafter referred to as "CONTRACTOR", whose business address is 104 E. Fairview Ave. #102. Meridian. ID 83642 and whose Public Works Contractor License # is C-12614. INTRODUCTION Whereas, the City has a need for services involving WELLS 11. 17 & 25 CONTROL SYSTEM UPGRADES - CONSTRUCTION: and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein bythis reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including Without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor WELLS 11, 17 & 25 CONTROL SYSTEM UPGRADES - CONSTRUCTION page 1 of 11 Project 10417) represents and warrants that it will perform Its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $119,900. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 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) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. WELLS 11, 17 & 25 CONTROL SYSTEM UPGRADES - CONSTRUCTION page 2 of 11 Project 10417.f 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Substantial Completion shall be accomplished within 45 (forty-five) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 60(Sixty) calendar days to complete the work as described herein. Contractor shall be liable to the Cityfor any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed below for Substantial Completion. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations underthis Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this WELLS 11, 17 & 25 CONTROL SYSTEM UPGRADES - CONSTRUCTION page 3 of 11 Project 10417.f Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain throughout the term of this Agreement liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold WELLS 11, 17 & 25 CONTROL SYSTEM UPGRADES - CONSTRUCTION page 4 of 11 Project 10417.f harmless CITY from and for all such losses, claims, actions, or judgments for damages or injuryto persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal Injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractors insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the WELLS 11, 17 & 25 CONTROL SYSTEM UPGRADES - CONSTRUCTION page 5 of 11 Project 10417.f ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: hfti)://www.merldiancity.org/environmental.aspx?id=l 3618. 10. 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 CONTRACTOR City of Meridian Custom Electric, Inc. Purchasing Manager Attn: Russell Steadman, VP 33 E Broadway Ave 104 E. Fairview #102 Meridian, ID 83642 Meridian, ID 83642 208-888-4433 Phone: 208-855-0228 Email: Russell@customelectricinc.net Idaho Public Works License #PWC -C-12614 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. 11. 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 attomeys' 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. 12. 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. 13. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. WELLS 11, 17 & 25 CONTROL SYSTEM UPGRADES - CONSTRUCTION page 6 of 11 Project 10417.f 14. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 15. Reports and Information: 15.1 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. 15.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 16. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 17. 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. 18. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 19. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 20. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in WELLS 11, 17 & 25 CONTROL SYSTEM UPGRADES - CONSTRUCTION page 7 of 11 Project 104171 the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be Incorporated in written amendments which shall be executed with the same formalities as this Agreement. 21. 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. 22. 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. 23. 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. 24. 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. 25. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 26. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY Will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 27. 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. 28. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. WELLS 11, 17 & 25 CONTROL SYSTEM UPGRADES - CONSTRUCTION page 8 of 11 Project 10417.f Dated: 1-13-Is— Approved -13-IS Approved by CUSTOM ELECTRIC, INC. BY: Russell Steadman, Vice President Dated: //9/,2a/ -S 3, a oi5 V ` 0�pgLDAUp�_ GamIJP ty of CITY CLERqQ-:�M RIDIAN# IDA fO c SEAL nor � Purchasing Approval BY: KEITFWATTS, Purc asing Manager Dated:: y , Engineering Manager Dated:: 1/5/15/15 WELLS 11, 17 8 25 CONTROL SYSTEM UPGRADES - CONSTRUCTION page 9 of 11 Project 10417.f Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -15-10417.f ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -15-10417.f, are by this reference made a part hereof. WELLS 11, 17 & 25 CONTROL SYSTEM UPGRADES - CONSTRUCTION page 10 of 11 Project 10417.f Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $119,900.00. Milestone 1 Substantial Completion 45 (forty-five) days Milestone 2 Final Completion 60 (sixty) days Contract includes furnishing all labor, materials, equipment, and incidentals as required for the Wells 11, 17 & 25 Control System Upgrades — Construction Project per IFB PW -15-10417.f. CONTRACT TOTAL ....................... CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. Item No. Description Unit Unit Price Mobilization/Demobilization: 1 Costs associated with project site Mobilization and LS $825.00 Demobilization 2 Instrumentation: LS $35,325.00 (Drawings 1-110, 1-210, & 1-310) 3 PLC Control Panels: PANELS 23,250.00 (Drawings 1-120.1-220,1-320) 4 Power Monitor Panels: PANELS $3,550.00 (Drawings 1-125) 5 Power Monitor Panels: PANELS $3,025.00 (Drawings 1-225,1-325) 6 Testing: LS $2,900.00 (Drawing 1-000) 7 OtherMisc.: LS $1,500.00 Include all misc. work not mentioned herein. Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WELLS 11, 17 & 25 CONTROL SYSTEM UPGRADES - CONSTRUCTION page 11 of 11 Project 10417.f Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVAL OF TASK ORDER 10383.A Approval of Task Order 10383.A to SPF Water Engineering, Inc. for the "WELL 29 INTERACTIVE DISPLAY, INTERPRETIVE MODELS AND VIDEO DISPLAY INSTALLATION" Project for the Not -To -Exceed Amount of $52,758.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 1/7/2015 REQUESTING DEPARTMENT PUBLIC WORKS Fund: 01, 07, 55 Department: Construction: 5200 GL Account: PSA: 93450 Project # Task Order: 101221 Project Name: Well 29 Interactive Display, Interpretive Models andVideo Display Installation Project Manager: Daavid Allison Department Representative: n/a Contractor/Consultant/Design Engineer: SPF Water Engineer Budget Available (Attach Report): Yes Contract Amount: Will the project cross fiscal years? Yes No X Budget Information: FY Budget: 14&15 Enhancement It: Grant#: Other: Type of Grant: d143 it�f BASIS OF AWARD Low Bidder Highest Rated Master Agreement X (Bid Results Attached) (Ratings Attached) (Category) 1a Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: n/a Date Award Posted: n/a PW License # n/a Current? (attach print out) n/a Corporation Status Existing Insurance Certificates Received (Date): February 13, 2014 Rating: A Payment and Performance Bonds Received (Date): n/a Rating: n/a Builders Risk Ins. Req'd: Yes No x If yes, has policy been purchased? n/a (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: January 7, 2015 Approved by Council Issue Purchase Order No, Date Issued: WH5 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, David Allison Date: 1/7/201 Re: January 1 e City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 13" City Council Consent Agenda for Council's consideration. Approval of Task Order 10383A to SPF Water Engineering Inc for the 'WELL 29 INTERACTIVE DISPLAY INTERPRETIVE MODELS AND VIDEO DIPLAY INSTALLATION" project for a Not -To -Exceed amount of $52,758.00.00. Recommended Council Action: Award of Task Order 10383.A to SPF Water Engineering, Inc. for the Not -To -Exceed amount of $52,758.00. Thank you for your consideration. • Page 1 TASK ORDER NO. 10383.A Under the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (CITY) AND NAME OF CONSULTANT (ENGINEER) This Task Order is made this 13th day of January, 2015 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", and accepted by SPF WATER ENGINEERING, INC. hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 1 a) between the above mentioned parties dated October 1, 2014. The Project Name for this Task Order 10383.A is as follows: CITY OF MERIDIAN WELL 29 INTERACTIVE DISPLAY, INTERPRETIVE MODELS AND VIDEO DISPLAY INSTALLATION PROJECT UNDERSTANDING This project shall incorporate the following into the new WWTP Administration Building: a digital interactive display pertaining to "protection of source", an aquifer cross-section interpretive display model, a well construction interpretive display model that can be attached to the aquifer model, and a digital video display presenting how wells are drilled and constructed in the Water Resources section of the City's Wastewater Treatment Plant Interpretive Center. SCOPE OF SERVICES Task 1 — Aquifer Cross-section and Well Construction Display Models Design and construct a static aquifer cross-section display model that describes to laypersons the City's primary source of drinking water, along with a second model that illustrates how the City constructs wells to ensure optimum water quality and protection of source. The scope of work will include the following subtasks. 1.1 Conceptual design of the integrated aquifer cross-section and well construction display models based on input from the City. 1.2 Design and construction of two acrylic display cases. 1.3 Define aquifer lithology with a 5 to 10 ft resolution based on thorough review of Test Well 29 cuttings and geophysical log. Task Order 10383.A WELL 29 INTERACTIVE DISPLAY, INTERPRETIVE MODELS, AND VIDEO DISPLAY Page 1 of 4 SPF WATER ENGINEERING, INC. 1.4 Construction of the physical aquifer cross-section interpretive display model includes precise placement of well cuttings or supplemental geologic materials and incorporation of explanatory display panels describing and discussing key concepts. 1.5 Well construction interpretive display model that attaches to the aquifer cross-section display. Includes (1) physical depiction of well casing, screen, filter pack, and surface seal, and (2) incorporation of explanatory display panels describing and discussing key concepts. Task 2 — Interactive "Protection of Source" Animated Display SPF will contract with Scribble Box Marketing to design, produce, and install an interactive and instructional digital display based on the mantra "protection of source." The interactive display will include three to six buttons that take the user through a brief (60 to 90 second) tutorial related to "protection of source." The interactive display will be mounted on the Water Resource Education Center wall. SPF will provide technical support associated with the digital content including the identification of the three to six tutorials to be included. This scope of work will include the following subtasks. 2.1 Provide a detailed storyline covering key concepts associated with up to six tutorials related to "protection of source." The storyline will include text and example graphics for each tutorial. Preliminarily, we anticipate that the tutorials will cover the following topics. • Water cycle, with emphasis on Treasure Valley • Hydrogeology, with emphasis on Treasure Valley and Meridian • Groundwater flow systems and paths within Treasure Valley • City of Meridian drinking water wells, showing how wells are constructed to maximize delivered water quality and minimize potential for aquifer contamination • Groundwater contamination mechanisms, with emphasis on methods to prevent groundwater pollution. Specific contaminant source to be presented and discussed will likely include o Abandoned wells or improperly constructed wells o Fertilizer, pesticide, and herbicide — improper application o Septic systems — inadequate maintained o Surface spills of oils or chemicals — direct infiltration to groundwater flow to surface water through storm drain systems o Underground storage tanks 2.2 SPF's contractor will design, produce, animate, and install an interactive and instructional digital display based on the mantra "protection of source." The 70 -inch HDTV display and interactive control panel will run three to six tutorials. 2.3 SPF will provide technical support during development and integration. We anticipate that the technical support will include up to 3 meeting with City staff to discuss content. Task 3 — Well Drilling Video Technical Support and Installation of Monitor Provide technical support associated with a video describing well construction, including identification of noteworthy steps of well construction. SPF will contract with Scribble Box Marketing to install an HDTV monitor at the City's Water Resource Education Center to run an Task Order 10383.A WELL 29 INTERACTIVE DISPLAY, INTERPRETIVE MODELS, AND VIDEO DISPLAY Page 2 of 4 SPF WATER ENGINEERING, INC. informational video describing well construction. The City has a separate contract with Scribble Box Marking to shoot, edit, encode, and deliver the videography content. This scope of work will include the following subtasks. 3.1 Provide technical support and assist videography contractor during video production; provide timeline of key moments during well construction for contractor, and edit video text for content and accuracy. 3.2 Install a 55 -inch to 70 -inch HDTV monitor and all components necessary to play the well construction video on a continuous loop. SCHEDULE SPF is ready to begin this project upon notice to proceed. This work will coincide with, and be constrained by work associated with design and construction of Test Well 29 and Production Well 29. Tasks 1 and 2 will be completed within 90 days following construction of Test Well 29. Task 3 will also be completed within 90 days following completion of the video. TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by January 2015 and resulting in Final Design/installation being completed by June 30, 2015. A NTP issued on a different date will change the schedule accordingly. 1 1 Aquifer Cross-section and Well Construction Display Models $15,528 2 Interactive 'Protection of Source" Animated Display $27,490 $9,740 The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10383.A is fifty-two thousand, seven hundred fifty-eight dollars ($52,758.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. The hourly rates for services and direct expenses shall be billed per the approved Rate Schedule and Master Agreement (by this reference made a part hereof) and will be the basis for any additions and/or deletions in services rendered. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. Task Order 10383.A WELL 29 INTERACTIVE DISPLAY, INTERPRETIVE MODELS, AND VIDEO DISPLAY Page 3 of 4 SPF WATER ENGINEERING, INC. Dated: / -13 " /S Approved by SPF WATER ENGINEERING, INC. BY: CATHY CG O ER Dated: -015 ��onuo m SEAT. Purchasing Approval /'h° lRtOs' PI BY: " KEITH TTS, Purchasing Manager Dated: City Project Manager David Allison m Dated: lll/ /6 Task Order 10383.A WELL 29 INTERACTIVE DISPLAY, INTERPRETIVE MODELS, AND VIDEO DISPLAY SPF WATER ENGINEERING, INC. Page 4 of 4 IDSOS Viewing Business Entity Page I of I IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for SPF WATER ENGINEERING, LLC ] [ Monitor SPF WATER ENGINEERING, LLC business filings ] SPF WATER ENGINEERING, LLC 300 E MALLARD DR STE 350 BOISE, ID 83706 Type of Business: LIMITED LIABILITY COMPANY Status: EXISTING, ANREPT SENT 07 Jan 2015 State of Origin: IDAHO Date of 02 Mar 2004 Orig i nation /Authorization: Current Registered Agent: CATHERINE E COOPER 300 E MALLARD DR STE 350 BOISE, ID 83706 File Number: W28961 Date of Last Annual Report: 28 Jan 2014 Original Filing: [ Help Me Print/View TIFF ] Filed 02 Mar 2004 ARTICLES OF View Image (PDF format) View ORGANIZATION Image (TIFF format) Annual Reports: [ Help Me Print/View TIFF ] Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT View Document Online Report for year 2009 CHNG View Image (PDF format) View Image RA/RO (TIFF format) Report for year 2008 ANNUAL REPORT View Document Online Report for year 2008 CHANGE View Image (PDF format) View Image ADDRESS (TIFF format) Report for year 2007 ANNUAL REPORT View Document Online Report for year 2006 ANNUAL View Image (PDF format) View Image REPORT (TIFF format) Report for year 2005 ANNUAL View Image (PDF format) View Image REPORT (TIFF format) Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo(a)sos.idaho.gov htt„•//xxnxnxr arracciAahn nra/r�nhlir/enc/rnm/\V7RQ(xl html 1/7/901 S .�� SPFWA-1 OP ID: JY DATE(MWOowm GERTIFIGAT E OF LIMSILI I Y INSUKAN%.r 1 0 211 312 01 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERjS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: N the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION 13 WANED, subject to the Isms and conditions of the policy, certain policies may require an endorsement. A statement on this certificatedoesnal confer rights to the certificate holder In lieu of such endorsement(s). PROWCER The Hartwell Corporation - Cal PO Sox 400 Caldwell, ID 89606 Jeremy Kroll Coon NAME: PHONE F Ne : No Er aooREsa: INSURERS AFFORDING COVERAGE "of INSUAERA: Travelers Indemnity Cc of Am. 25658 INSURED 675677 SPF Water Engineering, LLC 300 E Mallard Drive, Suite 350 Boise, ID 83708 INsuRERs: Idaho State Insurance Fund 36129 INSURER C: Travelers Indermilly Co 25666 INauRERD:CaUlninsurance Co INSURERS: INSURERF: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IYPEOFINWRANCE POLICYNUMBeR w LlMrla A GENERAL LIA81Lm' X COMMERCIALGENERAILIPBILHY CLAIMS -MADE OX CCCUR -X CGD391 X X 80-4798X147 02/192014 0211912015 EACH OCCURRENCE S 1,000,00 PREMISES(Eaaccu o) $ 1,000,00 MED EXP (MY mre M.) $ 1-10,000 PERSONAL 6 ADV INJURY $ 1,000,()0 GENERAL AGGREGATE $ 2,000,00 GEHL AGGREGATE LIMB APPLIES PER: POLICY X PRO- LOC PRODUCE-COWMPAGG $ 2,000;00 $ C AUTOMOBILE LNBILnV X AHYALHO ALL OWNEDSCHEOLLED AIRED A -ROS NM)s ALTO HOJrNOOS ED X CAT353 BA4803X475 02/192014 021192015 COMBINED NGLE LIM 1,000,00 Ee maldmt BODSY IN.URY (Par person) $ BODILY IHUIRY IPer eccitlert) $ PPER PCCIDENr $ $ C UMBRELLALUB X EXCESSLAS X OCCUR C1AIMSMADE CUP -004803X101 021192014 021192015 EACH LJRRENCE $ 2,000,00 AGGREGATE $ 2,000,00 ILED IX IRETEMION 10.0 B WORIER9 COMPS e AND EMPLOYERS' LM81LItt ANY PROPRETORFARTNER,FJ(ECUBVE Y� OFFICERIMEMBEREXCLIAED9 (Mmo doryIn NH) Il yes da T,ba urger DESCRIPTION OF OPERPTIONS W. NIA 01/012014 011012015 T I ITB E E.LEACHACCIDENT E 1,()00,00 EL DIREARE-E0. EMPLOYEE $ 1,000,00 E.L. DISEASE POLICY LIMIT t 1,000,00 D Profes LIS blllty 10,000 deductible AED99388.0215 021262014 02/26/2015 Ea Clalm 2,000,00 Annl Aggr 2,000,00 DESCRR ONOFOPERATONSILOCAnONBIVEHICLES(Al hACORDIOI.MdNonMRomm16madule,emore FpA anqulnd) City of Meridian Department of Public Works 33 E Broadway Ave Meridian, ID 83642 ACORD 25 (2010/05) MERID03 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ®1988-2010 The ACORD name and logo are registered marks of ACORD All rights resonied. I'm Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVAL OF MINUTES Approve Minutes of January 6, 2015 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council January 6, 2015 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, January 6, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, David Zaremba, Joe Borton, Genesis Milam and Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Bruce Freckleton, Brent Bjornson, Kyle Radek, Tracy Basterrechea, Perry Palmer, Mike Barton and Dean Willis. Item 1: Roll -call Attendance: I TOMM X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam _X_ Lucas Cavener X Mayor Tammy de Weerd De Weerd: I'd like to welcome all of you to our City Council meeting. Thank you for joining us. We will go ahead and get tonight's meeting started. For the record it is Tuesday, January 6 at 6:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Steve Moore with Ten Mile Christian De Weerd: Item No. 3 is our community invocation. Is Pastor Moore here? I don't see him. Item 4: Adoption of the Agenda De Weerd: So, we will go ahead and move to Item 4, adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On Item 7-F, the resolution number is 15-1042 and Item 8-A is Ordinance No. 15-1635. And Item 10, the issue related to the Executive Session is no longer Meridian City Council January 6, 2015 Page 2 of 16 present, so Item 10 will be deleted. And with those changes, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approval the agenda as read. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Sanitary Sewer and Water Main Easement with James Wylie IV for Knighthill Subdivision B. Victory Middle School Sewer and Water Easement C. Dog Licensing Designee Agreements between the City of Meridian and the Sunnyside Animal Hospital, The Pet Doctor, Settlers Park Veterinary Hospital, Pet Care Clinic, Idaho Humane Society, Treasure Valley Veterinary Hospital, Linder Pet Medical Care, Meridian Veterinary Hospital and Intermountain Pet Hospital De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda as published, to authorize the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved from Consent Agenda Meridian City Council January 6, 2015 Page 3 of 16 De Weerd: There were no items moved from the Consent Agenda. Item 7: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update De Weerd: So, we will move right into Item 7 under Department Reports. We will start with the Mayor's Youth Advisory Council update. We have Hannah Chambers to give the update. Hi, Hannah. Chambers: Madam Mayor, Members of the Council, I'm Hannah Chambers, the Meridian High School representative for MYAC. I will give a brief update on the council's activity. This is their second update of the year and I will be reviewing our December activities. We start by -- we started December by volunteering for the Winter Lights Parade. We assisted with crowd control. We led the parade by carrying the opening flag and assisted with the Mayor and City Council by throwing out over 200 dollars in candy to the crowd. We had a blast and we would like to thank you for letting us take part in your float. On December 8 we held our annual Mad City Money event. It's always a crowd favorite. The event sponsored by our friend at the CapEd Credit Union -- De Weerd: Technical difficulties. Bird: It can almost be just like children, they don't perform like they should when you want them to. Chambers: We are in the -- De Weerd: She has gone over the parade, Ken. There you go. Mad City Money. Chambers: On December 8th we held our annual Mad City Money event. Always a crowd favorite, the event is sponsored by our friends at the CapEd Credit Union. A lot of chance to learn real world financial scenarios by taking on the role of an adult in this futuristic Mad City. We were given jobs, income, a family and debt. The challenge, we visited merchants just like housing, transportation, food, household necessities, clothing, daycare and other wants and needs while building a budget and to see success as we invited teens from other youth councils, including Eagle and Middleton, Nampa and Caldwell. In all we had about 145 teens take the challenge. Also we were able to partner with the Meridian Ford Mentoring Center to hold the event meet there, as they have a life size building to make the city a real version. It was very cool and it was a great opportunity to learn how a Mad City works. We held our annual Christmas party and gift exchange. We had a special event Jump Up The Gifts we exchanged and had a desert potluck and no one could forget the ugly sweater competition. It was a great way to unify the group and celebrate the holidays. A little bit of sad news that we Meridian City Council January 6, 2015 Page 4 of 16 learned that Patrick was moving on. We had a special celebration for him with a video presentation and covered him in Post -it notes with us saying how much we loved him and will miss him. We also had an all valley youth council celebration. One of our goals from a recent National League of Cities trips was to get all the groups in the Treasure Valley together for a bonding, planning, and seeing how we can all work together. All of the youth councils met in Caldwell to visit their light display and play holiday games. It was another great way to build unity in all the groups and we -- we now have planned at least two more all valley get togethers. In light of some of our peers taking their own lives, we are planning a special MYAC meeting in which we will host one of the parents of the teens who committed suicide. We called a special meeting in December to plan for it and we will hold the meeting in the next month or so. A parent of one of the recently deceased teens will be a presenter. We are hopeful we will have a good impact and open people's eyes to this problem. Our first -- our first meeting of the year is next Monday and we are ready to go. We have many item on the calendar and look forward to rocking 2015. I would like to say that this has been an amazing experience for me and thank you, Mayor Tammy, Ken, Patrick, Officer Gomez and everyone involved in the Mayor's Youth Advisory Council. Thank you and this makes a huge difference in many teens' lives and it helps us make a difference in our community. I will now stand for questions. De Weerd: Thank you, Hannah. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Just thank you, Hannah, for all that you kids do. Certainly appreciate it in the community. Thank you much very. Chambers: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I'd echo Councilman Bird's comments and encourage you to take it back to the Council how much we up here appreciate all you guys do. You're great spokesmen, ambassadors for our community. I'm curious with this year what's been your most favorite activity that you participated in? Chambers: Well, from 2014 1 liked Ignite Youth, because -- and that was a presentation where a bunch of kids got to show their ideas. They could be as silly as you want -- like one guy did how my hair represents my life or they could be serious. There was driving under the influence and I really liked that, because you got to have fun with other teens and you also got to learn about some really interesting topics. Meridian City Council January 6, 2015 Page 5 of 16 Cavener: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You mentioned the all valley event. How many participated in those? Chambers: How many participators for the -- Rountree: In the all valley event. Number of students. Approximately. Chambers: Seventy-seven. About 77. Rountree: Great. Thank you. De Weerd: Okay. Council, any other questions for Hannah? Well, they -- they are definitely locked and loaded and have a very aggressive timeline coming up, so you will be getting some more energetic presentations like what Hannah just gave you on what they have planned and, Council, you are always welcome to attend a MYAC meeting. We -- the general meetings are the 2nd and the 4th Monday of every month and I think the teens would love to see you. Don't you think, Hannah? Chambers: Yes. De Weerd: Yes. So, thank you very much. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before we go on, I think a thank you from the Council and yourself to Ken for the leadership he's given these youth and the way this program has grown to the benefit of everybody involved in the community. De Weerd: Yes. Here here. Good job, Ken. Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: Maybe a question. I recognize there seems to be a lot of students in the audience. If they wanted to participate and were of age, is it too late for them to -- to join? Meridian City Council January 6, 2015 Page 6 of 16 De Weerd: It's never too late to join the Mayor's Youth Advisory Council and, like I said, they do meet the 2nd and 4th Monday of every month. The whole goal of the Mayor's Youth Advisory Council is to give a voice to the youth leaders in our community. It allows them an opportunity to get involved in government. So, there is a government affairs committee that gives you an opportunity to talk to policymakers, either here in the city or at the county or state level and we do have legislative committees that request our youth council members to come and testify and give opinions on different pieces of legislation they feel will be an impact to youth. It also allows for community service to get involved in events that are happening in our community, as well as the teens vote on certain nonprofits that they want to get involved in, as Hannah mentioned, suicide prevention is one of those areas that is a focus on and the third area is to plan activities for teens. So, they do events, like Hannah mentioned, with Ignite Meridian and that's a really fun event, but they do a lot of other fun things as well. So, we meet next Monday at 6:00 o'clock and would love to see any of you join us at that meeting. There is teens from high schools across Meridian and even some teens outside of Meridian that want to make a difference in our community and add their voice to the voices of very well respected teens. So, are you welcome to join us. Thank you for the question, Mr. Cavener. B. City Council: Election of New City Council Officers and Department Liaison Appointments De Weerd: Okay. Our next item is under City Council. I will turn this over to our Council President Mr. Rountree. Rountree: Madam Mayor, it's a new year, it's time for election of officers of the Council. Having said that, I have certainly enjoyed the past year being president and particularly enjoyed the opportunity to work with the new Council folks and I hope help them through some of the initial confusion there is and why things are done the way they were done and why things are done period. But, anyway, I appreciate all of you folks and the hard work that you do and I think the folks that haven't been involved at the local level don't understand the amount of time and energy and issues that City Council gets the opportunity to participate in. So, thank you for your time. So, it is time for an election. I would ask the Mayor to call for a motion for nominations for president and vice-president of City Council. De Weerd: Okay. Thank you, Mr. Rountree. Council, I would accept nominations for the position as Council President. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have always went and made this atwo year office, so Mr. Rountree has another year coming. So, I would nominate Charlie. Meridian City Council January 6, 2015 Page 7 of 16 Milam: Second. De Weerd: Okay. I have a motion and a second for Council President. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move the nominations cease. De Weerd: I would ask Mr. Rountree if he -- if he's interested first. Rountree: Certainly. De Weerd: Okay. Okay. If there is no further nominations, I would ask for roll call on the position of Council President going to Mr. Rountree. Madam Clerk. Roll Call: Bird, yea; Rountree, abstain; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSTAIN. De Weerd: What, you think there is a conflict of interest or something? You can vote for yourself. Rountree: Just humble. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Assuming the next position to be nominated is vice-president, I nominate Keith Bird to continue as vice-president. Cavener: Second. De Weerd: I have a motion and a second to -- for nomination of Mr. Bird as Council's vice-president. Mr. Bird, do you accept that nomination? Bird: I certainly do. De Weerd: Okay. Do I have any further nominations? I would close nominations, then, and ask Madam Clerk to give roll call to Mr. Bird as vice-pres -- whatever. Zaremba: That. Meridian City Council January 6, 2015 Page 8 of 16 De Weerd: That. Roll Call: Bird, abstain; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSTAIN. De Weerd: Didn't know I had two humble men on both sides of me. Congratulations Rountree: Thank you. Bird: Thank you. De Weerd: And certainly I appreciate, Mr. Rountree, your leadership over this last year and look forward to working with you. Rountree: Thank you, Mayor. As well as the election, it's time for appointments. Again, I thank each of you for responding to my request for what it is you might like to do this coming year and it was unanimous, you all kind of want to stay where you are. But that isn't going to happen. It's an opportunity, again, for you to see other departments and get familiar with all of the operations of the city and, hopefully, you will have enough years as a City Council person to work your way through all the departments in the city. You have before you a chart of -- of Council members liaison assignments and committees and commissions. This year seat one, Councilman Zaremba, I have put with Public Works and Legal. Seat two, Councilman Borton with Fire. Seat three, myself, continue with the Mayor's Office. Seat four, Councilman Bird with Parks and Finance. Seat five, Councilman Milam, with Police and Information Services and seat six, Councilman Cavener, with Community Development and Human Resources. As far as committees and commissions go, the only change is there needs to be an alternate assigned for COMPASS for my position on COMPASS. Lucas -- Justin Lucas, who was the alternate, has left, so if somebody is interested in that let me know. And Council Woman Milam has shown a fair amount of interest in the Solid Waste Advisory Committee, so I have assigned her as the ex -officio member there and I will continue my interest there as well, but, hopefully, you will accept those assignments and we will move forward and have yet another successful year and thank you all for your services. Zaremba: Mr. President? Rountree: Yes. Zaremba: I appreciate the work you put in, too, and I'm -- I was happy with what I was doing last year, but I'm thrilled with the new choices. I would add under committees and commissions that I'm also on the board of Association of Idaho Cities. Rountree: Okay. And that's as of this fall? Meridian City Council January 6, 2015 Page 9 of 16 Zaremba: It's been for a year or so. Rountree: Okay. Zaremba: Maybe two years. Rountree: We will get that done. Thank you. C: Legal Department: Presentation And Discussion of Draft Memorandum Of Understanding Regarding Capital Improvement Approval Procedure Between Lakeview Meridian Investors LLC And The City Of Meridian De Weerd: Thank you, Mr. Rountree. Okay. Item 6-C -- or 7-C is under our Legal Department. I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. In your packets was a proposed draft memorandum of agreement with the golf course tenant. We have -- I have handed out to you tonight some red lined recommendations from the tenant on some suggested changes or edits to that draft. We can discuss that. Our intention was is if we can reach a resolution and consent of the Council tonight, your comfort level either with the original -- the original draft in your packet or the additions or the red lines that are presented as well, we will, then, have a finalized memorandum in front of you next week for approval. We have discussed with the tenant as well the part of this memorandum that deals with the annual projects -- capital improvement projects for the course and we'd like to bring that to -- part of the agreement is that's the desire of the tenant, then, he would bring that in front of you. Hopefully, if we can, we could do that next week as well. It has gone to the golf course committee, so that part of the process has been completed. If you had any specific questions about the MOU or the red lined suggestions from Mr. Oaas, we could certainly discuss that. I don't see Mr. Oaas here, but I know he's been in contact with my office. De Weerd: Do you mean the blue lined? Nary: True. They are blue in your -- in your copies. Yes. De Weerd: And, Council, I don't know if you got this prior to this. It will give you an opportunity between this meeting and next meeting to bring any concerns back at that time. Certainly I would invite you to share with -- with Legal or Mr. Rountree, who chairs that group, if you have some concerns. It might have already been discussed during our advisory committee meeting, so -- Rountree: Madam Mayor? De Weerd: Yes. Meridian City Council January 6, 2015 Page 10 of 16 Rountree: My comments on the draft is it seems pretty comprehensive to what was discussed. I agree, I think the additions that Mr. Oaas has added certainly help further define what the intent is or the understanding. So, I'm in full support of the way it sits at this point and would encourage it to be looked at favorably next week when you see a final draft without red or blue lines. Much discussion. Good input from the golf course focus group, of which we have at least one member in the audience tonight. Thank you, Jim. And the Mayor and I sat through those meetings and good -- good discussion and good dialogue amongst the members of the committee, as well as the Mr. Oaas. So, thank you. Bird: Okay. Any questions? Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just real quick -- and we may go through this next week. The -- page two, paragraph three, A through D, it looks to be a really good list of what was discussed and trying to capture what we mean by capital improvement. The way it reads it seems imply that these conditions may or may not be met by a project, which still could be eligible for improvement when I think the intent is for a project to be eligible for credit A through D have to be met and the way it reads the Council considers whether the project includes the attributes means we might have discretion to approve rent credit for a project which doesn't meet some or all of A through D, which I don't think is the intent. We are trying to make sure those are met. Is that right? Rountree: Actually, Madam Mayor, the second -- second paragraph in that section indicates that the Council still retains discretion and the consideration of what may or may not be considered for rent reduction. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: At least from my perspective if it's something that isn't A through D, that was kind of what got us into some of the confusion. If it's a project that doesn't meet those, I don't know if I want the discretion to approve it necessarily and I don't want to mislead someone with the thought that it might be an eligible project, even if it doesn't meet A through D. Nary: And, Madam Mayor, Members of the Council, I mean that -- that was the discussion point that we have had with Mr. Oaas and trying to forecast into the future what a future Council may want as to discretion, we felt that the -- the best was to leave the discretion in the Council's authority, give some guidance as intended by this, but the primary consideration -- and I think the key that was part of the problem or the concern that came up in the fall was the request is made after the project is done and here it is Meridian City Council January 6, 2015 Page 11 of 16 completely incumbent on the tenant to make -- to get the approval prior to doing the project. So, whatever it is, whether it's a capital improvement project and fits A through D or some other project that doesn't necessarily fit that, that may fit the spirit of it, but may fit it specifically, it's still within the Council's authority, but they will know it before they do it and that's what we felt was probably the most critical piece was that no one is blind sided by thinking something qualifies, because it may have previously, or it may have sounded like it was something that was allowed and it isn't. But all of it was required to be done first and approved before it was done, so there was no misunderstanding by any party. We certainly can change it any way you want, but that was the thinking behind it. Rountree: Okay. Thanks. De Weerd: Okay. Anything further from Council? Okay. Again this will be on the agenda next week for further discussion. Rountree: And -- excuse me, Madam Mayor. Bill, is there going to be a project submitted? Nary: Madam Mayor, Members of the Council, that's what we were anticipating with that. Rountree: Okay. Nary: They were going to submit the project that they were going to be requesting at the same time. Rountree: Okay. Nary: So -- Rountree: We would be able to look at the memo and be able to look at a project and see if we can figure out what to do with it. Nary: Yes. De Weerd: Something like that. Rountree: Something like that. D. Parks and Recreation Department: Meridian Road Interchange Landscape Installation Discussion De Weerd: Okay. Item 7-D is under our Parks and Recreation Department. Meridian City Council January 6, 2015 Page 12 of 16 Barton: Good evening, Madam Mayor, Members of the Council. Thought I would have a discussion this evening about the Meridian Road interchange. One of our capital improvement projects this year -- that we funded this year is to do the landscaping on the interchange. Based on input from the interchange task force and staff and Council, a design was developed that both beautifies the interchange and is fairly low maintenance. So, we have had discussions with ITD on what's going to be the best way to execute this project, both from an efficiency standpoint and from a cost perspective. It's both the recommendation of staff and ITD that the project be executed via a change order with the existing interchange contractor and so based on that -- on that thinking we -- we got a price from the contractor to do that change order and the price we got was 422,000 dollars, which is seven percent below our existing budget to -- to get the project done. That will give us a little bit of contingency should there be some fluctuation in quantities, because the bid is quantity based. So, I guess what we are asking this evening -- we didn't want to bring back an agreement and blind side Council with a change order agreement or an amended agreement from ITD without first having a discussion and at least ask for your blessing on this change order process. I think some of the -- some of the factors to consider -- if it's not done this way there is a good chance that they are going to require that the interchange be completed and, then, if it's publicly bid that we would have our contractor on site after it's finished, which means we are going to have increased traffic control. Some of the work could be required to be performed at night and, then, we would have a finished interchange and, then, lane closures and traffic interruptions and we just don't feel that that's in the best interest of the public in this process. So, with the change order we can -- we can have this done, it would be done simultaneously as the interchange progresses through the phasing, the landscape contractor will be out there doing the installation work simultaneously. So, when it's done it's done, we kind of get the keys to it and the road's open and it's finished. So, with that I will stand for questions. Bird: Madam Mayor? De Weerd: Thank you, Mike. Mr. Bird. Bird: Mike, the drawings we have got on -- on our packet, are those the finalized landscaping drawings? Barton: Madam Mayor, Councilman Bird, they are. Bird: Would that -- I think that we would be not very smart to not award the bid as they have already given it. We don't need to let them do it while they are doing it. It's going to save us money, time, and just work out better. If that's the final landscape drawings approved that would be my recommendation, bring the change order forward and go to work. Barton: Okay. De Weerd: Any other comments? Meridian City Council January 6, 2015 Page 13 of 16 Rountree: Madam Mayor, I concur in that. We don't want another contractor out in the middle of traffic. De Weerd: I don't think our parks staff do either. Rountree: No. Barton: No. De Weerd: Okay. So, bring that back. Barton: We will bring an agreement back. De Weerd: Okay. Barton: Thank you. E. Community Development/Building Services Department: Building Official Position Update De Weerd: Thank you, Mike. Okay. 7-E is under our Community Development, Building Services Department. I will turn this over to Bruce. Freckleton: Thank you, Madam Mayor. And Happy New Year to you and the Council. As you -- as many of you know Daunt Whitman with Whitman and Associates has provided building official services under a contract relationship to the city since August of 1989. Twenty-five -- a little over 25 years. The contract model has worked well for the city for many years, but as you know through the budget development process we have reached a point in our evolution as a city where -- excuse me -- where it is necessary to employ a full-time, fully vested building official. I'm here this evening to formally announce that effective December 22nd the City of Meridian has hired the first ever employee building official and I wanted to introduce Brent Bjornson as that -- De Weerd: No pressure, Brent. Freckleton: Yeah. No pressure. Bjornson: Thank you. Freckleton: So, Brent has been an employee of the City of Meridian for a little over nine years and during that time he has obtained no less than 14 separate building certifications through the International Code Council. This is an awesome achievement that is only shared by a very small handful of individuals in the state of Idaho. There is 500 certified building officials in the state of Idaho and there is very few that have the 14 that Brent has. So, it's a huge -- it's taken a lot of effort on his part and I think his wife is Meridian City Council January 6, 2015 Page 14 of 16 here this evening and she can attest to that, the time that he's put in to getting those certifications. So, Brent also -- I just also want to let you know how he has established himself as a knowledgeable and very credible municipal official in the Treasure Valley. Brent currently sits on the board of the -- the local IDABO, which is the Treasure Valley group of building officials that get together to set policy and that sort of thing. So, it's -- it's beneficial for the city to have him members of those boards and we look forward to to the future of the building services section for the City of Meridian and where we can go. So, that's the -- that's basically the introduction there and the next item -- do you want to announce the next item or do you want some introduction now or -- De Weerd: Unless anyone has any questions of -- or any comments for Brent, other than, you know, no pressure of being the first building official ever in the history of our city. We just welcome you in your new role, Brent. You -- you have established yourself with a great solution -oriented reputation. I know those that I have talked to speak very highly of how you collaborate and reach out to look at an issue that is presented to from as many angles as you can see to make a well-informed decision. So, we welcome you in your new roll and we wish you nothing but success. Bjornson: Thank you, Madam Mayor, Members of the Council. And I also want to take a moment to thank Bruce for the kind words. Bruce has been an awesome mentor and he is truly the face of Meridian. I want to thank you all for your support and encouragement, your trust and .confidence and even with all those certifications I can assure you that my approach is conservative, I have established those relationships with the builders and do collaborate, as you said, and I think that's critically important to the success of a win-win for good business transactions and the general public and safety for everybody. So, thank you very much, I really appreciate the kind words and support. F. Resolution No. : Affirming Termination of Professional Services Agreement with Whitman & Associates for Building Official Services by Mutual Consent of the Parties De Weerd: Thank you. Item 7-F is Resolution 15-1042. Council, do you have any questions regarding this item? I RiI■Ii METiT.Tit� De Weerd: Okay. Do I have a motion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move that we approve Resolution 15-1042. Bird: Second. Meridian City Council January 6, 2015 Page 15 of 16 De Weerd: I have a motion and a second to approve Resolution 15-1042. I will ask Madam Clerk to, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Ordinances A. Ordinance No. : An Ordinance (AZ 14-011 Jump Creek Subdivision) For Annexation And Rezone Of A Parcel of Land Located In The East 1/2 of the East 1/2 of Section 28, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing And Determining The Land Use Zoning Classification Of Said Lands From RUT To R-8 (Medium Density Residential District) And R-15 (Medium - High Density Residential District) In The Meridian City Code; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date De, Weerd: Item 8-A is Ordinance 15-1635. Madam Clerk, will you read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1635, an Ordinance AZ 14-011, Jump Creek Subdivision, for annexation and rezone of a parcel of land located in the east one half of the east one half of Section 28, Township 3 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-15, Medium High Density Residential District, and R-15, Medium High Density residential district in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance, and providing for a waiver of the reading rules and providing an effective date. De Weerd: I am required to ask if there is anyone who wants this read in its entirety and I would preface that with it will be just as exciting as what you just heard. Well, seeing none, Council? Milam: Madam Mayor? Meridian City Council January 6, 2015 Page 16 of 16 De Weerd: Yes, Mrs. Milam. Milam: Move that we approve Ordinance No. 15-1635 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics De Weerd: Council, any items to consider for future agendas? Rountree: I have none this evening. Item 10: Executive Session per Idaho State Code 67-2345(1)(d) - (to consider records that are exempt from disclosure as provided in Chapter 3, Title 9, Idaho Code.) De Weerd: Seeing none -- and I believe that there is no need for an Executive Session, so -- Bird: I move we adjourn. De Weerd: Mr. Bird just motioned to adjourn. Zaremba: Second. De Weerd: And a second. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 6:37 P.M. (AUDI OF THESE PROCEEDINGS) -Li31 /5 MAYO A Y de 1VEE -..... QATE APPROVED AT - r9 cry�r LMAN, CITY CLERK may`" ` „'v "• SEAL `a P ��de tAGA6U S � Meridian City Council Meeting DATE: January 13, 2015 ITEM TITLE: EASEMENT ITEM NUMBER: PROJECT NUMBER: The Oaks South Subdivision No. 2 Sewer and Water Easement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-003136 BOISE IDAHO Pgs=5 BONNIE 01/141201511:06 AM MERIDIAN CITY NO FEE 111111111111 II IIIIIIIIIIIII1111111111111111111111 00056961201500031360050058. SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this k-�> day of ,� ar�, 2015_ between New Oaks LLC, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines 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 over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection 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 making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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 Oaks South Subdivision No. 2 Sanitary Sewer and Water Main Easement THE GRANTORS hereby covenant and agree that they willl 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 become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: New Oaks LLC Thomas M. Coleman, Jr., President Coleman Homes LLC Manager, New Oaks LLC STATE OF IDAHO SS. County of Ada ) On this /'1Jday of � 201 / , before me the undersigned, a Notary Public in and for said state, personally appeared Thomas M. Coleman, Jr., known or identified to me to be the person whose name is subscribed to the within instrument as the President of Coleman Homes LLC, Manager of New Oaks LLC, and acknowledged to me that he executed the same in behalf of such limited liability company. IN WITNESS first above wr have hereunto set npy hand and affixed my official seal the day and year Residing at: L" Commission Expires: The Oaks South Subdivision No. 2 Sanitary Sewer and Water Main Easement GRANTEE: CITY OF MERIDIAN Tammy od yeerd, Mayor L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) �, � fED AUGLSp o� c ay of ER?IAHO ` sFAL (�`f4TFR 0l IIIc 4Rt 500. �Y On this )-J day of , 20 l S , before me, the undersigned, a Notary Public in and for said State, persona y 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. �.� JON,•. (SEAL��r��Q�,ARlr�s••� NO YP LICF Residing at: �P lr t ac r� l Commission Expires: la n The Oaks South Subdivision No. 2 Sanitary Sewer and Water Main Easement EXHIBIT A May 27, 2014 DESCRIPTION FOR MERIDIAN CITY SANITARY SEWER & WATER EASEMENTS PROPOSED THE OAKS SOUTH SUBDIVISION NO.2 Easements located in the N % of Section 33, T. 4 N., R 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: EASEMENT A Commencing at the NE corner of said Section 33, from which the N % corner of said section bears North 89°16'45" West, 2635.86 feet; thence South 54°16'13" West, 1860.35 feet to the POINT OF BEGINNING; Thence South 00°28'24" West, 32.56 feet; Thence North 89°31'36" West, 40.00 feet; Thence North 00°28'24" East, 32.56 feet; Thence South 89°31'36" East, 40.00 feet to the POINT OF BEGINNING. Containing 1,302 SF, more or less. EASEMENT B Commencing at the NE corner of said Section 33, from which the N % coiner of said section bears North 89°16'45" West, 2635.86 feet; thence South 65°32'33" West, 2679.34 feet to the POINT OF BEGINNING; Thence South 00°19'00" East, 31.53 feet; Thence South 89°41'00" West, 40.00 feet; Thence North 00°19'00" West, 31.53 feet; Thence North 89041'00" East, 40.00 feet to the POINT OF BEGINNING. Containing 1,261 SF, more or less. viq 130702-ss&wease. docx W INm ' N 00'19'00" W / \ 31.53' N. BASSWOOD4 S 89'41'00" W `z / 40.00' 0 7 \ o e \ o 0 w� �py Z I I I\ I 0 _\ N. SUNFIELD AVE. o \ I I �00 0 I� f Irn G O \ �A N \s U Z Y Ii�\ coo � N , N A O Owi �n I \ J Ou L7 ,'orn rnm o� •A I N. BLUERELD Si. 0— `\ 0 p ti _ ``♦♦ \\ Ia`� a S `♦ \\ PRO S 2 1 By sib • \\\ I iP f0 � k`♦♦ \\ I ,N v X860 ♦ \\ o T _N N 5 �s�♦ 2 Ig 73 a9t00 mo s, co NOA r� N. BLACK CAT ROAD I t3 o m o a CITY OF MERIDIAN OFF-SITE SANITARY SEWER & WATER EASEMENTS ENGINEERING O w cl _ II' PROPOSED THE OAKS SOUTH SUBD, NO. 2 SOLUTIONS m �7 -4 J N O V O \ 4 LOCATED IN THE N 1/2 OF SECTION 33 1029 N. ROSARIO Si., STE. 100 (,I T.4N., R.1 W., B.M. MERIDIAN, IDAHO 83642 a MERIDIAN, ADA COUNTY, IDAHO 91 Phone (208) 938-0980 Fax (208) 938-0941 9 J IffIHX'3 Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: EASEMENT Coleman Subdivision Sewer and Water Easement MEETING NOTES L=J l F ud4 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-003135 BOISE IDAHO Pgs=10 BONNIE 0111 41201 5 11:05 AM MERIDIAN CITY NO FEE 11111111111111 IIIIIIIIIIIIIII IIII IIII111111IIIA III 00056560201600031350100104 - Meridian, ID Store No. 5841 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this V3 day of_)anym 20� S between Wal-Mart Stores, Inc., a Delaware corporation, the parties of the first part, and'iiereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTOR desires to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and other good and valuable consideration, subject to any matters of record, the GRANTOR does hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of underground sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc 4819-2655-5680.3 IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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 GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR may make any other use of the easement area which does not unreasonably interfere with GRANTEE'S use and enjoyment of the interests conveyed by this instrument. THE GRANTOR hereby covenants and agrees with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the GRANTEE that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doe 4819-2655-5680.3 IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: WAL-MART STORES, INC., a Delaware corporation By: L.B. n Vice-President—Real Estate 2001 SE 10°i Street Bentonville, AR 72716 Attn: Realty Manager Store No. 5841 STATE OF ARKANSAS ss. County of Benton ) On this day of 20, before me, the undersigned, a Notary Public in and for said State, personally appeared L.B. Johnson, known or identified to me to be the Vice-President—Real Estate of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTAgk p�Bl.l� Sanitary Sewer and Water Main Easement 4819-2655-5680.3 EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN 7 . :.nnecr Tammye e rd, Mayor Io, (5YV Uf test bydhycee L. Holman, City Cler 9 SD , ��tEk of �pyOAb Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this 13 day of, �o,rw c nA 20 L-, , 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. -• 13Oj 7.eI ( E;AL) 9� 0�; NOtAkY XJBLIC F Residing at: y I .:� •. Commission Expires: 0 '•.�DAHO ••' Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc 4819-2655-5680.3 - Legal Description Coleman Subdivision - City of Meridian Sewer and Water Easement Exhibit A An easement being located in the S ^% of the SE ^% of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southeast corner of said Section 27, from which a 5/8 inch diameter iron pin marking the southwest corner of said SE % bears N 88056'28" W a distance of 2654.67 feet; Thence N 0°21'14" E along the easterly boundary of said SE % a distance of 304.37 feet to a point; Thence leaving said easterly boundary N 89°38'46" W a distance of 46.00 feet to a point on the westerly right-of-way of W. Ten Mile Road and the POINT OF BEGINNING; Thence leaving said right-of-way N 87049'47" W a distance of 268.57 feet to a point; Thence S 1003'31" W a distance of 15.02 feet to a point; Thence N 88°56'29" W a distance of 20.00 feet to a point; Thence N 1 °03'31" E a distance of 11.31 feet to a point; Thence N 88°43'00" W a distance of 58.05 feet to a point; Thence N 1 °16'59" E a distance of 15.32 feet to a point; Thence N 88°56'29" W a distance of 555.79 feet to a point; Thence S 68008'25" W a distance of 68.50 feet to a point; Thence a distance of 8.09 feet along the arc of a 457.00 foot radius non -tangent curve left, said curve having a central angle of 1°00'53" and a long chord bearing N 21°21'07" W a distance of 8.09 feet to a point; Thence N 21'51'34" W a distance of 11.91 feet to a point; Thence N 68°08'25" E a distance of 72.48 feet to a point; Thence S 88056'29" E a distance of 142.08 feet to a point; Thence N 1 °03'30" E a distance of 12.36 feet to a point; Thence S 88°56'29" E a distance of 20.00 feet to a point; Thence S 1003'30" W a distance of 12.36 feet to a point; Thence S 88056'29" E a distance of 230.80 feet to a point; LaA��lollUt10"S Coleman Subdivision (lend Suryof ryln0 and Cooaulling Job No. 1 Page 1 of 4 Thence N 1003'31" E a distance of 590.67 feet to a point; Thence N 10°10'43" E a distance of 26.52 feet to a point; Thence N 19°17'54" E a distance of 44.27 feet to a.point; Thence N 70°42'06" W a distance of 20.59 feet to a point; Thence N 88°56'30" W a distance of 294.67 feet to a point; Thence S 1'03'31" W a distance of 15.50 feet to a point; Thence N 88056'29" W a distance of 20.00 feet to a point; Thence N 1'03'31 " E a distance of 15.50 feet to a point; Thence N 88°56'30" W a distance of 54.67 feet to a point; Thence S 1003'31 " W a distance of 213.62 feet to a point; Thence S 26°03'30" W a distance of 103.29 feet to a point; Thence S 88049'42" E a distance of 62.65 feet to a point; Thence S 1 °03'31" W a distance of 20.00 feet to a point; Thence N 88049'42" W a distance of 68.33 feet to a point; Thence S 1 °03'31" W a distance of 286.12 feet to a point; Thence S 88°56'29" E a distance of 268.42 feet to a point; Thence S 1003'31" W a distance of 20.00 feet to a point; Thence N 88°56'29" W a distance of 285.31 feet to a point; Thence S 23008'25" W a distance of 8.78 feet to a point; Thence S 68°08'25" W a distance of 38.05 feet to a point; Thence N 21051'34" W a distance of 20.00 feet to a point; Thence N 68008'25" E a distance of 29.77 feet to a point; Thence N 23°08'25" E a distance of 9.62 feet to a point; Thence N 1 °03'31" E a distance of 252.19 feet to a point; Thence N 88°56'29" W a distance of 10.50 feet to a point; Thence N 1°03'31" E a distance of 20.00 feet to a point; Land b9ut'ion� Coleman Subdivision Baa surveying a"a cummnng Job No, 14-52 Page 2 of 4 Thence S 88°56'29" E a distance of 10.50 feet to a point; Thence N 1'03'31 " E a distance of 32.86 feet to a point; Thence N 26°03'30" E a distance of 116.73 feet to a point; Thence N 1003'31" E a distance of 194.52 feet to a point; Thence N 88°56'30" W a distance of 109.34 feet to a point; Thence N 1'03'32" E a distance of 32.00 feet to a point; Thence S 88°56'30" E a distance of 513.88 feet to a point; Thence S 70042'06" E a distance of 280.60 feet to a point; Thence S 79°49'18" E a distance of 7.70 feet to a point; Thence N 1 °03'30" E a distance of 48.25 feet to a point; Thence S 88°56'30" E a distance of 20.00 feet to a point; Thence S 1 °03'30" W a distance of 51.49 feet to a point; Thence S 88°56'46" E a distance of 18.38 feet to a point; Thence N 1'03'31 " E a distance of 16.50 feet to a point; Thence S 88°56'29" E a distance of 20.00 feet to a point; Thence S 1'03'31" W a distance of 16.50 feet to a point; Thence S 88°56'46" E a distance of 171.52 feet to a point; Thence S 0°21'14" W a distance of 20.00 feet to a point; Thence N 88°56'46" W a distance of 210.15 feet to a point; Thence S 1'03'30" W a distance of 4.68 feet to a point; Thence S 84°44'07" E a distance of 210.97 feet to a point; Thence S 0°21'14" W a distance of 20.10 feet to a point; Thence N 84°43'48" W a distance of 223.21 feet to a point; Thence N 70042'06" W a distance of 25.46 feet to a point; Thence N 19°17'54" E a distance of 20,99 feet to a point; Lai-ntdis?+liutions Coleman subdivision t`----- �Lana SumVina and consumng Job No. 14-52 Page 3 of 4 Thence N 70°42'06" W a distance of 241.33 feet to a point; Thence S 19°17'54" W a distance of 42.67 feet to a point; Thence S 10010'43" W a distance of 23.33 feet to a point; Thence S 1'03'31 " W a distance of 57.02 feet to a point; Thence S 88°56'30" E a distance of 10.80 feet to a point; Thence S 1003'30" W a distance of 20.00 feet to a point; Thence N 88056'30" W a distance of 10.80 feet to a point; Thence S 1003'31 " W a distance of 369.71 feet to a point; Thence S 88056'30" E a distance of 10.80 feet to a point; Thence S 1°03'30" W a distance of 20.00 feet to a point; Thence N 88056'30" W a distance of 10.80 feet to a point; Thence S 1003'31 " W a distance of 122.34 feet to a point; Thence S 88056'29" E a distance of 214.87 feet to a point; Thence S 89057'48" E a distance of 278.14 feet to a point on the westerly right-of-way of N. Ten Mile Road; Thence S 0°21'14" W along said westerly right-of-way a distance of 42.02 feet to the POINT OF BEGINNING. This parcel contains 2.21 acres and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC November 17. 2014 IL� d gblutl,ons Coleman Subdivision `� land Surveying and Consulting Job No, 14-52 Page 4 of 4 COLEMAN SUBDIVISION CITY OF MERIDIAN SEWER AND WATER EASEMENT EXHIBIT B 1/4 27 26 Lara L77 I I LOT 4 1 1 LOT 5 �jny�L35 -L72 �nLL114ar--�� J l7 L16�__._ L60 __ _ Lel __ ------------ __ L10 X9 1: L6.- I POINT OF' I FLOT BEGINNING I WT7 I 27 1/4 - J4 sss4.s7' W. McM/LEAN ROAD N 8856'28" W BASIS OF BEARING 0 100 200 400 �J I e b N I lO O Ih IW � I� 46' W b 2 I M I 27 26 J4 J5 SEE SHEET 2 FOR LINE AND CURVE TABLE INFORMATION Lan olut®ons Land Surveying and Consulting 231 E. 5TH ST., STE. A MERIDIAN, ID 83692 12081 280-2040 1208128&2557 Fz wvnv.lzndsolutlons.blz PAGE I OF 2 COLEMAN SUBDIVISION CITY OF MERIDIAN SEWER AND WATER EASEMENT EXHIBIT B Curve Table Curve ,¢ Length Radlas 001a Bearing Chord Cl 8.D9' 457.00' 1'00'53" N21'21'07"W 1 8.09' Lin 4 utions Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 (208128&2040 1208128&2557 fax wr+nN.landsolutloru.bk PAGE 2 OF 2 Line Table Line r Length Direction L1 46.00 N89'38'46'W L2 268.57 N87'49'47"W L3 15.02 S1'03'31"W L4 20.00 N88'56'29"W L5 11.31 NM3'31'E L6 58.05 N88'43'00"W L7 15.32 N1'16'59"E L8 555.79 NaO'56'29"W L9 68.50 S68108'25"W L10 11.91 N21'51'34"W L11 72.48 NBB'08'25"E L12 142.08 Si L13 12.35 N1'03'30"E H4 20.00 S88'56'29"E L15 12.36 Si'03'30'W L16 230.80 50856'29"E L17 590.67 N1'03'31"E LIB 26.52 N10'10'43"E L19 44.27 N19'17'54'E L20 20.59 N70'42'06"W L21 294.67 NBB'56'30"W L22 15.50 SI'0331'W L23 20.00 N88'56'29'W L24 15.50 N1'0331"E L25 54.67 N88'55'30"W L26 213.62 S1'03'31"W L27 103.29 52fi'0330"W Lin 4 utions Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 (208128&2040 1208128&2557 fax wr+nN.landsolutloru.bk PAGE 2 OF 2 Line Table Line # Length Direction L28 62.65 S88'49'42'E L29 20.00 SI'03'31"W L30 68.33 N88'49'42'W L31 286.12 S1'03'31"W L32 268.42 S88'56'29"E L33 20.00 S1'03'31"W L34 285.31 N88'56'29'W L35 8.78 S23'OB'25'W L36 38.05 S681025'W L37 20.00 N2151'34'W L38 29.77 N68'08'25'E L39 9.62 N23'08'25"E L40 252.19 N1'03'31'E L47 10.50 N88'56'29"W L42 20.00 N1'03'31"E L43 10.50 S8856'29"E L44 32.86 N1 0Y31'E L45 116.73 N26'0330"E L46 194.52 N1'03'31"E L47 109.34 N88'5630'W L48 32.00 N1'03'32"E L49 513.88 S88'5630"E L50 280.60 570'42'06"E L51 7.70 S79'49'18"E L52 48.25 N1'03'30"E L53 20.00 588'56'30"E L54 51.49 SI 03'30"W Lin 4 utions Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 (208128&2040 1208128&2557 fax wr+nN.landsolutloru.bk PAGE 2 OF 2 Una Table Line i Length Direction L55 18.38 S88'56'46'E L56 16.50 NP03'31"E L57 20.00 S88'56'29"E L58 16.50 SlW'31'W L59 171.52 588'56'46"E L60 20.00 SO'21'14"W L61 210.15 N88'56'46'W L62 4.68 S1'03'30'W L63 210.97 S84'4407"E L64 20.10 SO'21'I CW L65 223.21 N84'43'48'W L66 25.46 N70'42'06'W L57 20.99 N19'17'54"E L68 241.33 N70'42'06'W L69 42.67 S19'17'54"W L70 23.33 510'10'43"W L71 57.02 SM331"W L72 10.80 S88'5630'E L73 20.00 S1'03'30'W L74 10.80 N88'56'30"W L75 369.71 S1 V33l'W L76 10.80 S88'56'30'E L77 20.00 SI'0330'W L78 10.80 N88'56'30'W L79 122.34 S1'03'31'W LBO 214.87 SBB'56'29"E L81 278.14 S89'57'48"E L82 42.02 SO 21-14-W Lin 4 utions Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 (208128&2040 1208128&2557 fax wr+nN.landsolutloru.bk PAGE 2 OF 2 Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES 0041,_ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY I SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: MEMORANDUM OF UNDERSTANDING Memorandum of Understanding Regarding Capital Improvement Approval Procedure for Rent Credit Eligibility between Lakeview Meridian Investors LLC and the City of Meridian MEETING NOTES i7 y Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MEMORANDUM OF UNDERSTANDING REGARDING CAPITAL IMPROVEMENT APPROVAL PROCEDURE FOR RENT CREDIT ELIGIBILITY BETWEEN LAKEVIEW MERIDIAN INVESTORS LLC AND THE CITY OF MERIDIAN THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this day of January, 2015 by and between Lakeview Meridian Investors LLC (Lakeview) and The City of Meridian, Idaho (City), to establish a mutual understanding regarding certain details related to the approval of Capital Improvements at Lakeview Golf Course that may qualify for credit against the annual rent. WHEREAS, On May 17, 2005, City and Lakeview entered into a Lease Agreement for the operation of the Lakeview Golf Course; and, WHEREAS, the 2005 Lease agreement included a required Capital Improvement Program that was linked to a specific list of annual projects; and, WHEREAS, On September 17, 2013, City and Lakeview executed an Addendum to the Lease Agreement that, among other things, changed the golf course Capital Improvement requirements to eliminate the specific list, but instead for consideration of rent credit eligibility require a minimum of $6,000 in improvements per year for the seven year period of October 1, 2012 through September 30, 2019; and, WHEREAS, The September 17, 2013 Addendum also instituted a procedure for receiving credit for the annual rent due for the seven year period ending on September 30, 2019 in exchange for completing the minimum required capital improvements; and, WHEREAS, neither the 2005 Lease or the 2013 Addendum contain a precise definition of "Capital Improvement' which has resulted in some misunderstanding about what projects may or may not qualify for the annual rent credit; and, WHEREAS, the parties desire to establish a process for Lakeview to receive pre - approval from City for upcoming capital improvement projects, along with an MEMORANDUM OF UNDERSTANDING - 1 of 5 improved administrative procedure for verifying the amounts spent on capital improvements and receiving credit against annual rent due. NOW, THEREFORE, the parties hereby agree as follows: A. NATURE OF CAPITAL IMPROVEMENTS TO BE CONSIDERED FOR APPROVAL: 1. If Lakeview is seeking construct a capital improvement project ("Project") and be eligible to receive credit against annual rent, the Project details and the amount of rent credit must be approved in advance by the City Council. 2. The City Council shall have discretion to consider a wide variety of Projects as proposed by Lakeview. 3. In approving a proposed Project for rent credit, the City Council shall consider whether the Project includes the following attributes: a) The Project enhances the usefulness and value of golf course facilities by curing an existing deficiency, improving an amenity, or providing additional enhancement or capacity to serve the public. b) The Project is intended to be a permanent improvement that has a useful life of more than one year. C) Ownership of the Project components will be vested in the City upon completion, either by being integrated into the City's real property and improvements, or by way of a certificate of title, certificate of ownership, or bill of sale. d) The Project is not intended to fulfill an operational obligation already existing in the Lease Agreement unless waived by the City Council at the request of Lakeview. 4. Nothing in this MOU shall be construed to limit the ability of Lakeview to construct additional capital improvements as allowed under the Lease Agreement for which Lakeview does not wish to receive rent credit. B. CAPITAL IMPROVEMENT PRE -APPROVAL PROCESS: MEMORANDUM OF UNDERSTANDING - 2 of 5 1. Prior to undertaking a Project for which Lakeview desires to qualify for credit against annual rent due, Lakeview shall fill out a Project Proposal Form (see sample form, Exhibit A, which may be updated from time to time in a manner not inconsistent with the provisions of this MOLI) and provide the form along with any supporting documentation to Director of Parks and Recreation. Details of the Project shall include but are not limited to: a. Specifics of the proposed Project, focusing on how the Project will provide a long-term enhancement to the Golf Course facilities. b. Timing of the Project. c. Estimated cost of the Project. 2. The Director of Parks and Recreation shall place the Project Proposal on the next available agenda of the Golf Course Focus Group for discussion and recommendation to City Council. 3. After receiving a Project recommendation from Golf Course Focus Group, Lakeview shall submit the Project Proposal Form and any supporting documentation to the City Clerk to be placed on the next available City Council agenda for presentation of the Project by Lakeview. 4. After receiving a Project proposal by Lakeview, City Council shall deliberate regarding the amount of credit against annual rent to be allowed if the Project is constructed as proposed. a) The maximum allowable rent credit per year shall be $6,000.00 b) If the total Project cost exceeds $6,000.00: At such meeting, City Council shall determine the total amount of the remaining Project cost that will be allowed as credit against rent in the successive years if the Project is completed as approved. ii. City Council shall specify the amount(s) for each successive year that the rent credit will be allowed at the time of the original approval of the Project. MEMORANDUM OF UNDERSTANDING - 3 of 5 iii. If the City Council and Lakeview do not agree on the amount of credit to be allowed for future years' rent, there shall be no obligation for Lakeview to initiate such Project or any future project. However, the City Council and Lakeview may agree to modify such Project to reach a mutually satisfactory agreement on the amount of future years' rent credit. C. ADMINISTRATIVE PROCEDURE FOR PROJECT COMPLETION VERIFICATION AND RENT CREDIT: 1. To receive credit against annual rent due for constructing an approved Project, Lakeview shall comply with the procedure set forth in the 2013 Addendum titled "Payment of Rent" which requires that documentation be submitted to the City at least one month prior to the beginning of the fiscal year in which the rent credit is to be applied. 2. If Lakeview constructs the Project as proposed, proof of payment shall be presented to the City on the Project Verification and Rent Credit Approval form (see sample form, Exhibit B, which may be updated from time to time in a manner not inconsistent with the provisions of this MOU). a) Proof of Payment may include, but is not limited to contractor invoices, cancelled checks, and the like. b) The Project Verification and Rent Credit Approval form and any supporting documentation shall be presented to the Director of Parks and Recreation. C) The Director of Parks and Recreation shall direct Parks Department Staff to conduct a site visit to verify that the portions of the Project listed on the proof of payment have been constructed as represented. d) If the documentation is deemed satisfactory by the Director of Parks and Recreation, the Project Verification and Rent Credit Approval Form shall be forwarded to the City Finance Department so that the appropriate credit against annual rent can be applied. If the Director of Parks and Recreation has questions about the documentation submitted, he shall first work directly with Lakeview to resolve any dispute. If the Director of Parks and Recreation is unable to resolve a documentation dispute with Lakeview, the matter shall then be placed on the agenda of the next regularly scheduled MEMORANDUM OF UNDERSTANDING - 4 of 5 meeting of the City Council for discussion and appropriate action. D. TERM OF MOU; EXTENSIONS: This MOU shall be in effect until September 30, 2019 to coincide with the seven year rent credit program set forth in the 2013 Addendum. The rent credit program and this MOU may be extended by mutual written agreement. E. MISCELLANEOUS TERMS: 1. This MOU shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 2. The failure or neglect of a party to enforce any remedy available by reason of the failure of the other party to observe or perform a term or condition set forth in this MOU shall not constitute a waiver of such term or condition. A waiver by a party (i) shall not affect any term or condition other than the one specified in such waiver, and (ii) shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. 3. This MOU shall be binding upon and inure to the benefit of the City and Lakeview, but the terms and conditions contained herein shall not be transferrable to successors and/or assigns of City or Lakeview. IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding the day and year first above written. LAKEVIEW MERIDIAN INVESTORS LLC Its: CITY OF MERIDIAN, IDAHO Tammy de/Wed, Mayor n ciY r `,layc& L. Holman, City Clerk y...t Jif1L j 0. MEMORANDUM OF UNDERSTANDING - 5 of 5 Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: LAKEVIEW GOLF COURSE PRESENTATION Lakeview Golf Course Presentation of Proposed Capital Improvement Project and Request for Pre -approval of Credit Against Future Annual Rent Upon Project Completion and Substantiation MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: EMAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS r Proposal submitted by: Date: Submit to City Clerk's Office Lakeview Golf Course Capital Improvement Project Proposal Submittal Form ATTACH NARRATIVE DESCRIBING THE FOLLOWING PROJECT INFORMATION: I . HOW DOES THE PROJECT ENHANCE OR IMPROVE THE CITY'S CAPITAL ASSET? 2. WHAT IS THE EXPECTED USEFUL LIFE OF THE IMPROVEMENT? 3. IS THE PROJECT AN IMPROVEMENT TO THE CITY'S REAL PROPERTY? 4. IF THE PROJECT IS NOT AN IMPROVEMENT TO THE CITY'S REAL PROPERTY, HOW WILL OWNERSHIP BE VESTED IN THE CITY? 5. LIST PROJECT CONSTRUCTION TEAM OR VENDOR 6. PROVIDE TASK AND COST BREAKDOWN 7. PROVIDE PROJECT TIMELINE. Date of Golf Course Focus Group Presentation: /Z Recommendation from GC Focus Group: Lakeview Golf Course Capital Improvement Project Proposal Submittal Form Version 1.0 01/08/15 ATTACH NARRATIVE DESCRIBING THE FOLLOWING PROJECT INFORMATION: 1. HOW DOES THE PROJECT ENHANCE OR IMPROVE THE CITY'S CAPITAL ASSET? Rebuilding or modifying (depending on which Option is chosen (see Proposal Option A and Proposal Option B attached) the #9 Green is intended to improve the playability of the Green and provide better pin placement surfaces. Currently, locating a pin placement that can reasonably be played by the substantial majority of golfers is nearly impossible. The reason is that it is dome shaped as well as downward slanted and most golfers suffer a disappointing 2 or 3 putt outcome. Complaints about this Green are constant and consistent in seeking modification. Such improvement when implemented this year will be permanent. 2. WHAT IS THE EXPECTED USEFUL LIFE OF THE IMPROVEMENT? • Since the changes contemplated in both Option A and Option B are permanent, the useful life will match the useful life of the golf course. 3. IS THE PROJECT AN IMPROVEMENT TO THE CITY'S REAL PROPERTY? • Yes, it is a permanent improvement to the real property. 4. IF THE PROJECT IS NOT AN IMPROVEMENT TO THE CITY'S REAL PROPERTY, HOW WILL OWNERSHIP BE VESTED IN THE CITY? • N/A 5. LIST PROJECT CONSTRUCTION TEAM OR VENDOR • See Proposal Option A and Proposal Option B (Attached) 6. PROVIDE TASK AND COST BREAKDOWN See Proposal Option A and Proposal Option B (Attached) 7. PROVIDE PROJECT TIMELINE. • See Proposal Option A and Proposal Option B (Attached) Proposal for Rebuilding #9 Green Lakeview Golf Course Option A — Complete Redesign and Reconstruction Description Lakeview Golf Club proposes to: • Excavate the existing #9 Green, • Salvage and redeploy turf and other materials where possible • Design a challenging but appropriate replacement in consult with professional designer • Implement new design and reconstruct #9 Green Construction Team • Project Superintendent: Rich Rush, Lakeview Grounds Superintendent • Contractor: Timberstone Construction Company • Contractor Superintendent: Craig Jackson • Professional Golf Course Architect: Dave Durzisky ASGCA • Project Team: Lakeview Grounds Crew, Timberstone Crew Project Task and Cost Breakdown Complete Restoration: Timberstone Construction (NTE) Estimate: $21,750.00 o Equipment o Profile o Topsoil o Sand Replacement Sod: (NTE) Estimate: $11,200.00 0 6,000 square feet o Bent Grass Mix o Delivery to Lakeview Installation of Irrigation System: Lakeview Grounds Crew (NTE) Estimate: $3,000.00 o Materials o Labor Project Timeline Estimated Start: January 25, 2015 Estimated Project Completion: 14 Days (Weather Permitting) Estimated Opening Date: May 31, 2015 Total Cost: (NTE) $35,950.00 Proposal for Rebuilding #9 Green Lakeview Golf Course Option B — Renovation of Putting Surface Only Description Lakeview Golf Club proposes to: • Cut and temporarily store existing sod on entire Green • Evaluate depth of sand base and irrigation system in place • Design pin placement areas most suitable for existing Green footprint and current location • Implement new design by adding new sand and other materials where necessary • Modify irrigation system if necessary • Replace sod on putting surface and if necessary add turf for optimal grow in condition around Green Construction Team • Project Superintendent: Rich Rush, Lakeview Grounds Superintendent • Contractor: Timberstone Construction Company • Contractor Superintendent: Craig Jackson • Project Team: Lakeview Grounds Crew, Timberstone Crew Project Task and Cost Breakdown Complete Putting Surface Renovation: Timberstone Construction (NTE) Estimate: $6,000.00 o Equipment o Profile o Topsoil o Sand o Sod • Modify Irrigation System: Lakeview Grounds Crew (NTE) Estimate: $1,500.00 o Materials o Labor Project Timeline • Estimated Start: January 25, 2015 • Estimated Project Completion: 14 Days (Weather Permitting) • Estimated Opening Date: May 31, 2015 Total Cost: (NTE) $7,500.00 Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: 7A ITEM TITLE: MAYOR'S OFFICE Mayor's Office: Annual Update PROJECT NUMBER: MEETING NOTES — J i nrnn/�t9ti� K✓,Q,�uf LQ r� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Mayor's Office strategic Focus Presentation January 13, 2015 CjfER,IDIAN�- Staffing Changes Welcome Kaycee Emery Goodbye C.Jay Coles CifER,IDIAM,- Accolades 50 Best Places to Live Outstanding Youth in Philanthropy Award — MYAC Elected Woman of Excellence — Mayor Tammy Employee of the Year — Ken Corder America's Best Places 9 . to Live 0 �E IDIAN*,� 2014 Accomplishments Launched Next Door Citywide Survey Meridian's Promise Mayor President of AIC/TVP Meridian Road Interchange Groudbreaking Treasure Valley Youth Safety Summa C��WEF,IDIAN�- Mayor's Office General Activities yor's Priorities and Schedule y Council Support y Commissions and Committees gislative Efforts )clamations CifER,IDIAM,- Mayor's Office Strategic Priorities Communications Customer Service Events Programs CifER,IDIAM,- Communications Media Relations Website Social Media Video SIE 1DIAN ;+ Iq Newsletters and Annual Report L";xclurk Limcs `'� ' NBC �ifERJDIANt�. Customer Service itizen Issues �nployees isinesses OA's with Organizations ommunity and Service Groups { VERIDIAM,- inl,. ,o Events Coffee with the Mayor Town Hall Meetings State of the City Neighborhood Star Awards Special Events C! ((E RIDIAN -- I D A H O Programming M Mayor and CEO Kid's Book Club �` 3 �� Youth Scholarships Mayors Youth Advisory Council Faith Ambassador's Council Awards and Recognition CifER,IDIAN�- 2015 Goals and Priorities 'ebsite Redesign/Mobile :ream Town Halls crease Facebook/Nextdoor Connections 3tablish Linkedln City Presence ammunications and Branding Plan apartment Training for Media/Publications 'elcome Video for New Customers 1 E IDIAN*,� 2015 Goals and Priorities Listening Tour Mayor's Walking Club for Kids High Five Grant Canopies Department Training Customer Service Strategic Plan Implementation Youth Farmers Market Do the Right And More... CifER,IDIAN�- Future Goals Ity of Meridian Videos Updated lewsletter in Utility Bills C C��WER,IDIAN�- Comments /Questions C%WEN?D A H O Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Mayor's Office: Resolution No. IS - I D / ` : A Resolution Appointing John Nesmith to Seat 5 of the Meridian Impact Fee Committee MEETING NOTES V �I IyIy 14 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. k5 - 10144 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING JOHN NESMITH TO SEAT 5 OF THE MERIDIAN IMPACT FEE ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Resolution No. 06- 1255, on September 5, 2006, amending Title 10, Chapter 7 to the Meridian City Code and thereby created the Meridian Impact Fee Advisory Committee; and nZa1 WHEREAS, that action further established its members and terms of their appointments; and WHEREAS, that Seat 5 of the Meridian Impact Fee Advisory Committee is currently vacant; WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to appoint John Nesmith to Seat 5 of the Meridian Impact Fee Advisory Committee. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That John Nesmith is hereby appointed to Seat 5 of the Meridian Impact Fee Advisory Committee for the remainder of the term to run through September 30, 2015 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 y�� day of January 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this /9' day of January, 2015. ATTI Un APPROVED: RESOLUTION FOR APPOINTMENT OF JOHN NESMITH - MERIDIAN IMPACT FEE ADVISORY COMMITTEE - I Of I Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: LEGAL DEPARTMENT Legal Department: Percent for Art Discussion MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: FINANCE DEPARTMENT Finance Department: FY2015 Budget Amendment: FY2015 Carryfoward - Grants MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS T J F 00 qui C) W If Pii v V O > d a m � d - o n oa m d d � S c a o m m c qui C) W If Pii v V 0 3 N m N N N N N N N N N 0 0 0 0 0 0 0 0 0 A A A A A V N N N O O O O O O O A A W O N N N O N O M O O O O O m O 0 0 �n ro m m 0 0 m a V1 UI VI N 3 0 ^ O O O O a s No O O O O m m D 0_ m O O m 0 0 0 0 0 o a w o, � J w � m m v mW o W W V� VF u N ry 6 C O y O K a — v w c 1 V W VI tD = N W O W 1 W O A V W W A V W w l0 W V A iu 0 i h N O N O NN O O N O N O N O N O O O O O O O O O A A A A A A A A N N N N F+ N N F+ O N O N O N O N W O N N N O N O M W N N A O m O 0 0 0 0 0 0 0 0 m a m CO 3 0 ^ � d a s No D D 0_ J n - c a � J w � m W W V� VF 0 ci 0 N J _ o s s � _ ct o m FSI D �z6 m m J 3 3 0 N N a v J < a d v 0 i k N a 3 CD T7 1 0 m FSI D �z6 (1� 0 m Er a d o^o 8��a s No 0 i k N a 3 CD T7 1 0 m FSI D �z6 (1� Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: PARKS AND RECREATION Parks and Recreation: Storey Park Development Dog Park Contract Update MEETING NOTES v%"Y1 I ILf. Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: COMMUNITY DEVELOPMENT Community Development: Presentation of Preliminary Findings for Multipurpose & Event Center Project Development Plan by Pegasus Planning & Development MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY I SENT TO APPLICANT NOTES INITIALS Project Developme Plan for Multipurpo and Event Center City of Meridian Meridian Development Corporatio Meridian Chamber of Commerce January 13, 2015 PEGASUS Catalyst Projects A catalyst the economic diversification 11 jumpstart Meridian. What's in the Secret Sauce? ✓ Conference Center and Meeting Space Inventory Case Study Analysis ✓ Business Survey (32 responses) ✓ Three (3) Focus Groups i ✓ 15+ Interviews Site Visits ✓ Presentations to Chamber / Urban Renewal Boards F�O Multiuse Center Recommendations Existing Conference Center Space ✓ Conference and meeting room space was analyzed in terms of proximity to downtown Meridian. ✓ While there is substantial meeting space in the region, most of it is focused away from the downtown. Provider Han Library, Cherry Bowling Center oz Family Fun Zone Number of Total �etine Rooms Meetine SF 4 1 3,722 otal Rooms and Square Footage 12 2-5 Mile Radius BanBury Golf Course 4 Big Al's- Meridian 3 Candlewood Suites Meridian 1 Country Inn Et Suites 2 Courtyard by Marriott Boise West t Meridian Lake View Golf Club Silverstone Amenity Center Springhill Suites by Marriott - Boise West The Club at Spurwing Veterans of Foreign Wars 71872 1,800 67,000 800 1,905 Largest ?tine Room 1,000 1,280 2,250 1,800 800 1,280 6 4,508 4,191 2 1,094 704 5 5,623 2,400 2 1,158 1,158 4 3,000 1 1,900 1,900 _ Total Rooms and Square Footage 30 88,788 TOTAL ROOMS AND SQ. FT. (5MI) 42 96,660 Sources: Idaho Business Review Corporate Guide to Event Planning; Boise Convention and Visitors Bureau; Pegasus Planning and Development Existing Conference Center Space The bulk of meeting space falls between the 2-5 mile radius around City Hal New conference space investment in the downtown would help improve this spatial imbalance and help jumpstart revitalization. Conference Space in Proximity to Meridian Meridian City Hall Conference Centers and Meeting Space 2 Mile Radius Around City Hall 5 Mile Radius Around City Hall Sources Idaho Business Rerm. Corporate Gude to Event Planning Base Comenton and Vistors Bureau Cdy of fAeudian. US Census TIGER ties. Pegasus Rammng and 0eveioprnent Future Demand for Conference Space At the current meeting space per capita ratio, Meridian could expect demand for another 39,000 sq.ft. of meeting space. Proposed conference facility would contribute half of this new space demand, and locate in the downtown core. Meeting Room Space Analvsis 1 Existin Meetin Meridian I Boise Nam uare Feet' 94,552 1704,192' 32,100 '278, Projected Meridian Population, 2025 114,932 New Population Added, 2013-2025 31,338 Additional Conference Space Based on Population Added At Current Meridian Ratio 39,459 Sources: Idaho Business Review Corporate Guide to Event Planning; Boise Convention and Visitors Bureau; Pegasus Planning and Development Population 75,092 205,671 19,908 81,557 Per capita 1.26 3.42 1.61 3.42 Projected Meridian Population, 2025 114,932 New Population Added, 2013-2025 31,338 Additional Conference Space Based on Population Added At Current Meridian Ratio 39,459 Sources: Idaho Business Review Corporate Guide to Event Planning; Boise Convention and Visitors Bureau; Pegasus Planning and Development Summary of Findingc- :onference Center Meridian has lower ratio of meeting and event space square feet per capita (1.26) than Eagle (1.61), Nampa (3.42), or Boise (3.42). Meridian's population growth suggests a potential demand for 39,000 square feet of additional meeting room space. Interviews and focus groups suggest major needs for meeting space for local businesses. Existing meeting and event space in Meridian is focused away from downtown. Municipal conference facilities often must be subsidized heavily unless tied to a public/private partnership with onsite hotel. Major expansions in Boise's convention center space and airport facilities are focused on increasing national and international events market in Treasure Valley. Does your company currently rent meeting or conference facilities? 20 10 0 Yes Occasionally Would your company be interested in renting meeting or conference center space in Meridian if more were available? 40 100% 20 50% 0 0% Yes Potentially No Number —Percent Summary of Findings - Performing Arts Center A variety of local and regional performance E. arts groups need facilities for performances (with each group performing 3-5 times/year) Boise performance space is not adequate for several Boise -based ► All prefer to be downtown. 10. While these groups appreciate the School District spaces and the District's interest to build more, this is not at all preferable among these groups. Arts groups have common requirements and space needs: � 800-1200 seat capacity auditorium Orchestra pit near stage Office space for arts groups Room for set storage/ preparation and costuming Shared spaces have been discussed, including Harvest Church. Harvest Church membership is outgrowing current considering selling downtown location. facility and Case Studies and Conference Trends IF Pegasus identified case studies for multiuse municipal centers. These include conference centers, conference centers with hotels, and shared performing arts spaces. These were examined for insights on best practices for municipal centers and public/private partnerships. They were compared to national and international trends in conference and convention center management. ;enter ;arver Museum, Cultural ,enter, and Library ame maginOn Children's Theatre Pocatello, Idaho 40,000 N/A Austin, Texas 46,000 N/A Performing Arts Center City Size Charlotte, North Carolina Seattle, Washington 104,000 sq. ft. 482 and 275 seats N/A $5-7 (est.) Pending N/A $10.40 2004 Profiles for each Case Study will be included in final report Case Studies Reviewed Conference Center Meetin Breakout Hotel Year game City g Area Rooms Rooms Cost (M) Built :mbassy Suites San Marcos, Texas 77,300 19 283 $71 2008 Jrkwood Center Cedar Rapids, Iowa 19,000 4 71 $30 2010 locatello Conference ;enter ;arver Museum, Cultural ,enter, and Library ame maginOn Children's Theatre Pocatello, Idaho 40,000 N/A Austin, Texas 46,000 N/A Performing Arts Center City Size Charlotte, North Carolina Seattle, Washington 104,000 sq. ft. 482 and 275 seats N/A $5-7 (est.) Pending N/A $10.40 2004 Profiles for each Case Study will be included in final report Site Anaty and Recommend Three Project Conce Concept A: Performing Arts Center • 800-1000 Seats in main auditorium • Orchestra Pit • Equipment/Stage Rooms • Offices for Organizations • Activated outdoor space parameters based on do stakeho Concept B 1: Conference Center (no Hotel) analysis • Lower-cost, two stories • Main room with minimum 6,000 square feet; Breakout rooms • Inclusion of space for small museum or other civic center • Kitchen/catering facilities with alcohol sales • Focus on promoting foot traffic on Main Street Concept B2: Conference Center with Hotel • Conference center along Main Street Et Idaho to Performing Arts • 4-5 story hotel attached to center, with structured parking • Inclusion of space for small museum or light retail along Main St square feet each) • Focus on promoting foot traffic on Main Street Et Idaho to Sites Overview After analyzing numerous sites in and near Downtown Meridian, the following emerged as best sites for both Concept A Et B 1 /2: Harvest Church facilities for Performing Arts District Old City Hall block for Conference Multiuse District Promote pedestrian activity between districts across Idaho Ave. Focus on promoting pedestrian activity along Main St. Major Concept Districts Pedestrian Connections 0 A 500 rrr, Sites Overvii Site 1: Harvest Church Total Site Area: 243,491 sq.ft. (5.59 acres) Majority of site owned by Harvest Church Appropriate Project Concept A Sites Overview Site 2: Old City Hall Total Area: 114,000 sqft (2.61 acres) URA and City owned property and buildings Venture Lab should move forward regardless Appropriate Projects Concept B 1 Concept B2 Project A: Performing A Concept: The Harvest Church site will be the focal point for repurposing as a shared Performing Arts Center. Some changes are necessary to convert Harvest Church into Performing Arts Center: • Currently, 800 seats in main sanctuary; add 100-200 more • Add orchestra pit to main sanctuary • Convert basement rooms into offices and equipment room for arts organizations • USERS: • Meridian Children's Theater • Meridian Symphony • Opera Idaho • Ballet Idaho • Others... Center Performing Arts Center Harvest Church Outdoor Event Space Outdoor Flex Space • - • - Pedestrian Connections o eso x� Merl Project A: Performing Arts Center Harvest Church Site 0 Harvest Church Outdoor Event Space Activate empty space on Main Street with festival plaza, food truck area This ancillary building canol be removed to contribute to outdoor flex space Outdoor flex space can be used for shared parking with the conference center in Project Option A. It can be used as outdoor event space for Project Option B, sharing structured parking space with Option B's hotel and conference center. Project A: Performing Arts Cente Pros Implementation Reuse of the Harvest Church would be the most cost effective alternative. A Performing Arts Center in the church space would provide a much greater economic impact to Downtown Meridian than a church. Performing arts groups can begin dialogue with Harvest Church about sharing or renting space immediately, potentially partnering for design improvements. This will satisfy the needs of arts groups immediately while creating a concrete focus for medium-term fundraising efforts for final facility purchase. The location of the Harvest Church site is optimal for creating a performing arts anchor in the downtown. This would ultimately replace a site that generates little downtown activity most of the week with one that will generate significant cultural amenities and downtown activity. The Church already plans to remove some of its secondary buildings to enhance parking opportunities; these can be augmented by parking near City Hall for performing arts patrons. Across from Boys E. Girls Club Cons A greenfield site may be better tailored to user needs. Performing arts users will have to share the site and -Coordinate activities. Prosect B1: Conference Center (no Hotel) Concept: Redevelop MDC -owned parcels along Main Street to accommodate two-story conference civic center, with conference uses on ground floor Et Venture Lab/Children's Museum on 2nd floor. -�I- Conference Center without Hotel Conference Center _A Surface Parking and Flex Space Harvest Church Outdoor Event Space ® Surface Parking Pedestrian Connections o ass eiF Feet Remove building to create additional flex space It surface parking shared between Conference Center and Performing Arts Center Remove Old City Hall building to create surface parking for Main Street conference center 18,000 sq. ft. building footprint 2 stories (36,000 sf total) 15,000 sq. ft. conference space (6,000 sq. ft. will be largest room) 3,000 sq. ft. - 2 small retailers on Main Street Venture Lab on 2nd floor (8,000 sf) Children's Museum on 2nd floor (10,000 sf) Project B1: Conference Center (no Design Parking C " CITY LLI Conference Center (18,325 ftz footprint) IO LLI4 4W Pe rf Arts r I 1 I I I I I 1 I I I I S� I I oat I 17, Av1v 1 1 I I 1 1 1 CLNlV I1Y I 4Na I I I I 1 I Vlwtm _I� Conference Center (18,325 ftz footprint) IO LLI4 4W Pe rf Arts Project 61: Conference Center (no Hotel) Implementation Pros Leverages URA -owned parcels Construction cost for just Conference Center would be lower and eliminate the need for a private sector partner. A mid-size conference center would easily meet the needs of Meridian. Downtown location would help Meridian achieve Downtown Vision. Cons Conference centers without attached hotels have difficulty generating sufficient demand to remain cost -neutral or profitable. Having a hotel as part of Conference Center would generate stronger economic impacts for the city (than one without a hotel) Typical Allocation of Events at Medium -Size Conference Facilities ■ National Events Project B2: Conference Center with Hote + Conference Center with Hotel Iu Concept: Redevelop Old City VlW-� Hall parcel to accommodate a �- two-story conference center and j M }i 150 -room hotel { Remove building to create ..........I . ... w ..................... ......, ,�y . w.. vp..vv Harvest Church ••••••M Pedestrian Connections 0 250 eoo additional outdoor event space shared between Conference Center Et Performing Arts Center 2 story conference center accessible from Main St.; 18,000 sq.ft. footprint (same as 131) 3,000 sq. ft. for 2 small retailers on Main Street 4-6 story hotel (including 2 stories for structured parking); Project 62: Conference Center with Hotel Design Hotel (29,000 ftz footprint) Conference Center — (18,325 ftz footprint) I f:P.DL4N RO.iL ILIN STR= . W CL au Pathway connecting Performing Arts Ft Conference Centers I Performing Arts Center (22,300 ftz footprint) Project 62: Conference Center + Hotel Implementation Pros ti Leverages City- and URA -owned properties Stand-alone civic centers without attached hotels typically require continuous city subsidy. A hotel attached to a conference and civic center would encourage more tourism and have greater economic impacts. The hotel markets in Meridian and Ada County as a whole are strong, with positive trend on primary hotel indicators (see chart at right) A downtown hotel would help retailers. Cons Hotel investment would add to project costs, requiring a private sector hotel partner. Most hotel are focused more around Eagle Rd and the Village. Hotel Measures YeadOccupancyl RevPAR ADR 2008 49% 1 $39.25 $80.14 2009 46% $33.16 $72.84 2010 52% $36.30 $70.46 2011 56% $40.58 $72.02 2012 62% $47.72 $76.42 2013 66% $53.45 $81.03 Sources: STR Boise, ID vs. Ada County, ID Report; Pegasus Planning and Development This data refers to hotels and motels outside of Boise but within Ada County. Meridian hotels account for 85% of these rooms, so these rates reflect Meridian trends. Hotel occupancy rates are higher than the industry benchmark of 60%. Revenue Per Available Room (RevPAR), in indication of hotel market health, has been steadily increasing since 2009. Average Daily Rates (ADR) charged for hotel rooms have also increased to $81. This indicate a healthy market for new hotel development. / 23 Next Steps Pegasus will provide final presentation to Council on Feb 3rd (including costs / implementation of chosen Alternatives) Performing Arts Center • Pursue discussions with Harvest Church on leasing facilities for performing arts space, and begin long-term renovation and purchase discussions. • Discuss redevelopment of multifamily property adjacent to Harvest Church with current owner and renters; city and federal funds may be available. • Gather Performing Arts Groups to reach agreement on Concept Multiuse Conference Center • Move forward with improvements for Venture Lab (jump start the entrepreneurship downtown!) • Begin discussions with potential private partners in new hotel development downtown on old City Hall site (let them do Hotel Analysis) • Based on Hotelier feedback, make decision on Option B1 or B2 • Relocate Venture Lab into 2nd story of new conference center Project Deve Plan for Mutt and Event ipurp ent City of Meridian ent Meridian Development Corporation Meridian Chamber of Commerce January 13, 2015 PEGASUS Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: 7H PROJECT NUMBER: ITEM TITLE: COMMUNITY DEVELOPMENT Community Development: Pine Avenue, Meridian Road to Locust Grove - Non - Transportation Elements and Potential Partnerships with the Ada County Highway District and the Meridian Development Corporation MEETING NOTES vx Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Meridian City Council From: Brian McClure, Associate Planner Date: 01/08/2015 Re: Pine Ave, Meridian Road to Locust Grove ACHD is in the process of scoping (pre -design) the Pine Avenue improvement project. This project will focus on pedestrian and bicycle connectivity, with limited roadway construction. City staff would like to discuss potential partnership opportunities for elements like landscape planter strips and wider sidewalks on this key entryway into downtown. ACHD staff will also be available to answer any questions. ACHD would like to know what elements the City and MDC are most interested in before moving into design of the project. Staff will run through the options for the various roadway segments during the meeting, and then have the same discussion with the MDC Board the following day (1/14). This discussion will help staff understand what elements the City may be interested in contributing to as we explore a three -party cost share agreement. Pine Avenue Meridian City Council January 13, 2015 CUEIDIZ IAN�- �J 1 �F_11" �� 1 a �� l a �, it .�•'- ` �.% � Sol 1'Lqi ' I �iu:a 'f � Si i. t �•1 ... v Downtown Meridian Cross-section for Pine Ave PINE AVENUE: Meridian Road to East 3rd Street �rs<3�.L'rv3 � Ir{ M Ii1A!i.p �� Pndk.•pn.N "e . �/� :rrPnEad nnum •' Tv� con and ensureefficientand sxfetravel for all mode;and through public improvements. and through pubic -private aleridun Ronde lest3rd Street to provide opportunities for thematic entryway elements parnmerships. Improvements within the dreet or aciluss- leading into and through downtown. Connectivity for all merit to existing curb lines would need to be part of larger CONSIDERATIONS: nodes is the top priority but entryway impirweYrlent5 and inha5tructure lmprovemen6 pCNning for one or multiple Limited right of way and a number of existing improve- other dreetacape aesthetics Such as landscape buffers, blocks, and likely initiated by ACHD, MDC, or the City. mens restrict expansion opportunities for this segment 1191 and other impmerrents should not beforgotten. of Pine. This is further complicated by Me need to safely support and fadhate movement not only for vehicles but DESCAIPIION OF ULTIMATE CONDITIONS: also bKrn1ats and pedestrians. Existing onS eet parking AN sidewalks areenharxed,a seven -foot pathway is provided provides yet arotherchallenge and must be balanced with on both sides of the roadway, and bike lanes provide a inner Considerations. Mosul propertes facing Pine currently place for commute cyclists. Parallel parking is maimained have alleyway or side street access. or are able to do So, aro formalized! (✓:here Mere is no curb or smpng) on both and large setbacks for many existing properties provide sides of to street Existing parkway behind the back of curb additional voluntary opportunities for redevelopmen is entranced to maintain the safe, friendly, and comfort - driven improvements. able pedestrian elements provided by tree -lined streets INTENI: IMPLEMENTATION PROCESS: The intent of this cross-section is to balance the needs of Mary of the uAmxelmprovemens occurring behind the auto,pedestrian, and bicycle connectivity. to limit cenges- back of Into may be proiided through redevelopment F 61 DOWNTOWN MERIDIAN I CITY CORE STREETCROSYSKTION MASTER PLAN $1 FEET DESIGN General Options • ACHD Scope: — Retain existing sidewalk (4-5'), repair — Fill sidewalk gaps — 7.5' Parking — New curb and gutter • Option 1: — 7' Sidewalk — 8' Buffer — 8.5' Parking — Possible ROW Impacts • Option 2 (preferred): — 7' Sidewalk — 6' Buffer — 7.5' Parking • Option 3 (least costly): — 6' Sidewalk — 6' Buffer — 8.5' Parking �+ (.>Vl E IDIAy Main Street to East ow6t" General Options • ACHD Scope: — Use existing sidewalk — Fill sidewalk gaps — Spot repairs of curb/sidewalk — Preserve parallel parking Option 1: — T Sidewalk — 8' Buffers ROW impacts Option 2 (preferred): — 6' Sidewalk — 6' Buffers (fits within existing ROW) East ^'64" to Stonehenge Way General Options • ACHD Scope: — 7' attached sidewalk along creek (north) — 5' Sidewalk (south) — 6' Buffer (south) — Curb and Gutter — No parallel parking (existing or proposed) • Option 1: Option 2 (preferred): — 7' attached sidewalk — 7' attached sidewalk along creek (north) along creek (north) — 7' Sidewalk (south) — 6' Sidewalk (south) — 8' Buffers (south) — 6' Buffer (south) — Curb and Gutter — Curb and Gutter — Significant ROW impacts (south) �E IDIZ IAN�- �J Stonehenge Way to Locust Grove General Options • ACHD Scope: — 7' Attached sidewalk (north) — 5' Sidewalk (exist) — 6' Buffer min (south) — Curb and gutter — Turn Lane — No parallel parking (existing or proposed) • Option 1: Option 2 (preferred): — 7' Sidewalk (north) — 7' attached sidewalk — 8' Buffer (north) (north) — 5' Sidewalk (south, — Curb and Gutter existing) — 5' Sidewalk (south, — 6' Buffer min (south) existing) — Curb and Gutter — 6' Buffer min (south) — Significant ROW impacts (north) IDIAN�-- Issues: • Church relies upon the existing angled parking • Bike lane is behind angled parking, with limited visibility • Creates blind turns from East 3rd • Since speaking with the Transportation Commission, Church leadership has indicated that they are in favor of parallel parking • Commission Preference: — Commission generally preferred Option 2 throughout (less costly). �E IDR IAN;- �J Costs (not including landscaping) ACHD's Construction Estimate (their City/MDC Cost (group): Option 1 cost): — $300,000 to $525,000 with 10% — $1,470,000 contingency. Higher end includes high end estimate for potential buy outs and damages • City/MDC Cost (group): Option 2 — $150,000 with 10% contingency. Less likely to include buy outs. * Landscaping to be determined based on City Council and MDC direction / partnership. �E IDIZ IAN�- �J Council Direction? What is Council's preference for sidewalk widths, parkway buffers, and need for ROW acquisition? — For example, all option 1, all option 2, option 1 only in the core area and ACHD baseline nearer to Locust Grove, etc. What sort of elements would Council like to see explored for landscaping (if any)? Trees? Grass or landscape rock? If Council is still comfortable with partnering, we will be discussing your preferences with the MDC tomorrow morning. �E IDIZ IAN�- �J Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: '71 PROJECT NUMBER: ITEM TITLE: PUBLIC WORKS Public Works: FY2014 Engineering Project Close -Out Report MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS EIDIAN-- Public I D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek Assistant City Engineer Mayor Tammy de Weerd CNV Connell Memberrr Charlie Rountree Keith Bird Joe Borton Luke Cavener Genesis Mllam David Zaremba DATE: December 16, 2014 SUBJECT: FY 2014 ENGINEERING PROJECT CLOSE-OUT REPORT: AGENDA REQUEST FOR JANUARY 13 COUNCIL MEETING UNDER PUBLIC WORKS DEPARTMENT REPORTS. I. DEPARTMENT CONTACT PERSONS Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, Engineering Manager 489-0350 Tom Barry, Public Works Director 489-0372 II. DESCRIPTION A. Background The Engineering Division has completed several construction projects in FY 2014. In accordance with the current purchasing policy, the Engineering Division is requesting to report to Council on those projects completed. The reports include; general project information, project benefits, contract amount, change orders, and final project cost. This will be accomplished by project managers through a PowerPoint presentation. Approved for Council Agenda. Page I of I Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: CITY COUNCIL LIAISON/COMMITTEE UPDATES City Council Liaison/Committee Updates MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVAL OF AWARD OF BIDS AND AGREEMENTS Parks and Recreation & Purchasing: Approval of Award of Bids and Agreements for "Storey Park Development - Construction" to multiple contractors per the attached schedule for a Not -To -Exceed total amount of $929,721.66. These awards are the result of the Formal IFB issued December 1, 2014 and opened December 19th. Fourteen bids were received for the five different bid packages MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Mike Barton, Jacy Jones Date: 1/7/15 Re: January 13 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 13'h City Council Agenda under a Parks Department Report. Approval of Award of Bids and Agreements for "Storey Park Development - Construction" to multiple contractors per the attached schedule for a Not -To -Exceed total amount of $929.721.66. These awards are the result of the Formal IFB issued December 1, 2014 and opened December 19th. Fourteen bids were received for the five different bid packages. Recommended Council Action: Approval of Award of 5 Bids and authorize the Mayor to execute the corresponding Agreements to the low bidders for an over all total of $929,721.66. Thank you for your consideration. 0 Page 1 W T z z W M a O J W w 0 Y a a } W 0 O W ui a Z K W m z Z O m N a to M O N LO N N O iq — N I(No INM �ieNsiain"? N 0, 6f} c 'N O 0 N m c N pLL'� y L r c V m c Jm' W N W {p t C o y m N co m Y @ m N 7) c c ca'd d v co — O U c m U E � d rn c c a i��w LL aCL J Q N M V N 0) N 0 N a City Of Meridian Posted Budget Transactions Fund Transaction Code G/L Code G/L Title Description Increase 01 93405 Improvements @ FY2015 Carryforward 479,880.96 Storey Park 07 93405 improvements @ FY2015 Carryforward 334,823.04 Storey Park 55 93405 Improvements @ FY2015 Carryforward 800,000.04 Storey Park Report Total 1,614,704.04 Ib\ V- 4. Decrease Date- Ip/15 02:0856 PM Page: I:I 0.00 GAIADocument A132T" - 2009 Standard Form ofAgreement Between Owner and ContractorConstructionManageras Adviser Edition Bid Package No. 5— Electrical Systems ADDITIONS AND DELETIONS: AGREEMENT made as of the Twenty-second day of December in the year Two Thousand The author of this document has Fourteen added information needed for Its (In words, indicate day, month and year) completion. The author may also have revised the text of the original BETWEEN the Owner:..: AIA standard farm. An Additions and (Name, legal status,' address and other information) Deletions Report that notes added information as well as revisions to the - City of Meridian standard form text Isavailable from 33 East Broadway Avenue the author and should be reviewed. A Meridian, Idaho 83642 vertical line In the left margin of this - document Indicates where the author the Contractor: has added necessary information .and -.(Name, legal stales, address and other information) and where the author has added to or deleted from the odglnal AIA text. `Energy Enterprise Group, LLC This document has Important legal `.150 South Adkins, Suite 140: consequences, Consultation with an Meridian, Idaho 83642 ': attorney Is encouraged with respect ' Telephone. Number: 208-322-2334 to Its completion or modification. Fax Number: 208-321-4800 This document tslntended to be used in conjunction with AIA Documents for the following Project: A232--2009, General Conditions of (Name, location and detailed description) the Contract for Construction, Construction Manager as Adviser Storey Park Development Edition; B1 32'u-2009, Standard 430 East Watertower Lane Form of Agreement Between Owner Meridian, Idaho 83642 and Architect, Construction Manager as Adviser Edition: and The Construction Manager: C132m-2009, Standard Form of - (Name, legal slates, address and other irjformation) Agreement Between owner and Construction Manager as Adviser. - Kreizenbeek, LLC DBA Kreizenbeck Constructors, AIA Document A232TM-20091s '. 11724 West Executive Drive- adopted In this document by Boise, Idaho 83713 reference. Do not use with other Telephone Number: (208) 336-9500 general conditions unless this Fax Number: (208) 336-7444` document Is modified. The Architect: (Name, legal status, address and other information) IosightArchitects, P.A. 2238 South Broadway Avenue Boise, Idaho 83706 Telephone Number: (208) 338-9080 The Owner and Contractor agree as follows. AIA Document A132m—20091Iforinedy A101TMCMa-1992). Copyright m 1975, 1980,1992 and 2009 by The American Institute of Architects. All rights InIL reserved. WARNING: This AIA b Document is protected by U.S. Copyright Law and International Trestles, Unauthorized reproduction or distribution of this AIA`: Document, or any portion of It, may result In severe civil and criminal penaltim, and will be prosecuted to the maximum extent possible under y the law. This document was produced byAlA software a[ 09:28:59 an 12/31/2014 under Order No.65275953115_l which expires on 0110712015, and is not for resale. Nnar Nota.: (1850954099) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION S MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued priorto execution. of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a -part of the Contract as if attached to this Agreement or repeated herein. The Contract, together with the performance bond and payment bond, if any, represent the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT -The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Contract Requirements: Provide all labor, material, permits and equipment to complete work of furnishing installing a complete and operable electrical system, as noted in the construction documents and per the `:.following:. Division I - General Requirements, Complete Section U37000 - Cast- 1n - mace. tAncrete" **As'applicable to this scope of work This contract specifically includes but is not limited to: • Furnish and install complete operational electrical systems in accordance with construction documents. • Furnish and install all conduit and outlet boxes fur other trades in accordance with the construction documents. • Furnish and install conduit and boxes for door hardware • Excavation, backfill and compaction for your work. Provide suitable fill for trenching operation as required • Provide and install concrete light pole bases complete with rebar and sack finish. • Provide: and install all light poles and exterior lighting systems and accessories. • Coordinate all work as required with Idaho Power. • Include a $5,000 allowance in the base bid to be used at the sole discretion of the Construction Manager AIA Document A132-- InIL ....-,.A. wne MIMr- rh -1992). Copyright 671975, 1980, 1992 and 2009 by The I ted by U.S. Copyright Law and International Trealles. t In severe civil and criminal penalties, and will be prose of 09:28:59 an 12/31/2014 under Order No.6527595385_1 User Notes: (1850954099) or 2 ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated s below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date ofcommencement, ifil differsffnm the date ofthis Agreement or, ifopplicable, stale that the dale will -be fixed in a notice to proceed.) The commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement or as follows: '(Insert number ofcalendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement if appropriate, insert requirements for earlier Substantial Completion ofcerrain portions of the Work) The work shall be substantial ly complete by July 2, 2015. (Table deleted) , subject toadjustments'of this Contract Time as provided in the Contract Documents. (Insert provisions, ifany, for liquidated damages relating to failure to achieve Substantial Completion on time orfor bonus paymentsfor earlly. completion oflhe Work) In the event the Contractor, :without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractorshall payto the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or Ye% of the. Con tract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until: Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for day, or days of the excusable delay occurring during such period following the end of the Contract Time. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: the appropriate box.) I' [ X ] Stipulated. Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete - either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Thirty-one Thousand Two Hundred Five Dollars and Zero Cents ($ 31,205.00 ), subject to additions and deletions as provided in the Contract Documents. Base Bid $8,485.00 Alternate No. 1 NOT ACCEPTED Init. reserved. WARNING: This this AIA! or an l the low. This document we, resale. User Notes: at 0426:69 on 1992 and 2009 by The American its of Architecls,All rights oproductiop or distribution of 3 iaximum extent possible under on 0110712015, and Is not for (1960964099). Alternate No. 2 Alternate No. 3 Alternate No. 4 Alternate No. 5 Alternate No. 6 I' Total Contruel Amount $0.00 $21,928.00 $792.00 $0.00 §: 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. Ifthe bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) Alternate No. 2 - Road Connection with Additional Parking: Refer to Sheets L1.3, GD.2.2, GD.3.1, and SD.1.1. Alternate No. 3 - Restroom Building: Refer to Sheets L1.1, AM, A2.1, A2.2, A2.3, A3.1, A4.1, MGO.0, MG0.1, M 1.0, M2.0, M3.0 EG0.0, EO.1, E1.1,131.2, and E2.0. Alternate No. 4 - Large Shelters: Refer to Sheet Ll.l and Spec Section 107300 Shade Shelters. Altemate No. 5 -: Synthetic Turf: Refer to Sheet Ll.l and Spec Section 321813 Synthetic Turf Surfacing. Alternate No. 6 - Irrigation Pipeline Replacement: Refer to Sheet GIRR.1. § 4.2.3 Unit prices, if any: (identify andslate the unitprice, andstate the quantity limitations, ifarry, to which the unit price will be applicable) Item Units and Limitations Price per Unit ($0.00) -§ 4.2.4 Allowances included in the Stipulated Sum, if any: (Idents allowance and stale exclusions, ifany, from the allowance price.) Item Allowance As identified in Article 2 (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs. deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 - PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor,: and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress_ payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the _.:Contract Documents. -§ 5,1.2 The, period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Init AIA Document A132 -- on 1975• Of or distribution of 4 tnl possible under 5. and Isnot for (1850964099) § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty-fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the Twenty-fifth day of the following month. If an Application for Payment is received -. by the Construction Manager after the application date fixed above, payment shall be made by the Owner not laterthan Thirty '('30 ) days after the Construction Manager receives the Application for Payment. (Federal, slate or local latus may require payment within a certain period of time.) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum §`. 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the f Contractor and approved: in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions ofthe Work and -be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require: This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used: as a basis for reviewing the Contractor's Applications for Payment. `§ 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount ofeach progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five percent ,('5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in. dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage bf Five percent ( 5.00"/o); .3 Subtract the aggregate of previous payments made by the Owner; .4 Subtractamounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for as provided in Section 9.5 of the General Conditions, as modified; and .5 l Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1r Add, upon SubstantialCompletion of the Work, a sum sufficient to increase the total payments to Ninety-five percent ('95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and _ .2 Add, iffinal completion ofthe Work is thereafter materially delayed through no fault ofthe Contractor, any additional' amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (Ifit is intended prior to Substantial Completion ofthe entire Work to reduce or limit the retainage resultingfr•om the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Conti -act Documents, insert here provislonsfor such reduction or limitation.) No reduction in retainage will be allowed prior to final completion without written approval of the Owner. (Paragraphs deleted) § 5.1.4.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion of the Work. AIA Document A132-- 20091Ifonneriy Al0"CIVIs —1992). Copydght 0 1975, 1960, 1992 and 2009 by The American Insglule of Arohltecb,. All rights Init reserved. WARNING: This AIAb. Document Is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or distribution or. 5 this AIAe Document, or any portion or it, may result In severe civil and cdminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 69; 26;59 on 1213112014 under Order No,5527595365_l which expires on 011071201 S. and Is not for resale. User Notes: (1650954099) § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when :1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis ofthe Cost of the Work, with or without Guaranteed Maximum payment; and 3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of ATA Document A232-2009 as `.modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker, (Ifthe parties multlally agree, insert the name, address and other contact information ofthe Initial Decision Maker, if other than the Archilect.) § 6.2 Binding Dispute Resolution For any Claim subject to but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009 as modified, the method of binding dispute resolution shall be as follows; (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resohition below, or do not subsequently agreeinwriting to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in'a court of competent jnrisdiction.) I- ] Arbitration. pursuant to Section 15.4 of AIA Document A232-2009. I, [ X ] Litigation in a court of competent jurisdiction. '[ ] Other: (Specify) ARTICLE;7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 as modified. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232=2009 as modified. (Paragraphs deleted). ARTICLE 8MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of ATA Document A232—.2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate'ofinterest agreed upon, ifany.) 3/4 of l% per month § 8.3 The Owner's representative: AIA Document A132--2009 romierly A101"C61a-1992). CopyrightO 1976,1990,1992 and 2009 by The American Institute of Architecla• IDIL reserved. WARNING: This AIA` Document Is protected by. U.S. Copyright Law and International Treaties. Unauthorized reproduction or (1950954099) of 8 (Name, address and other information) Keith. Watts, Purchasing Manager `:. City of Meridian Purchasing Department 33 East Broadway Avenue Meridian, Idaho 83642 §; 8.4 The Contractor's representative: (Name, address and other information) Chad McKibben Telephone Number: 208-322-2334 Mobile Number: 209-860-0835 -Email Address: chad@eegidaho.com § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the ,other party.. § 8.6 Other provisions:. ` ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in .the sections below. '§ 9.1.1 The Agreement is this executed AIA Document A132-2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. § 9.1.2111e General Conditions are, AIA Document A232-2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages ExhibitA Contract Document Schedule 12/2212014 2 ,§ 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications' exhibit: Contract Document Schedule, Exhibit A, dated December 22, 2014 (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Contract Document Schedule, Exhibit A, dated December 22, 2014 (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages One ` 12115/2014 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA Document At 32--2008 romrady A101TMCMa-1992). Copyright ®1976,1980, 1992 and 2009 by The American Institute ofArchltecls. All dghte Inst. reserved. WARNING: This AIA Document le protected by U.S.Copyd9ht Law and Inlematlonet Treallea. Uneuthorized reproduction or dletdbution or 7 I the Yaw. This document was produced byAlAseftiera at 09:26:59 on 12/3112014 under Order No.8627695385_1 which expires on (1850954099) § 9.1.7 Additional documents,if any,forming part of the Contract Documents are: .1 AIA Document A132TM 2009,Exhibit A,Determination of the Cost of the Work,if applicable. .2 AIA Document E201TM-2007,Digital Data Protocol Exhibit,if completed,or the following: N/A .3 AIA Document E202TM-2008,Building Information Modeling Protocol Exhibit,if completed,or the following: N/A .4 Other documents,if any,listed below: (List here any additional documents which are intended to form part of the Contract Documents.AIA Document A2322009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) All binding documents including the Invitation to Bid,Instructions to Bidders,Supplemental Instructions to Bidders,Bid Proposal Forms,and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions Exhibit A,Contract Document Schedule dated 12/22/2014 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 "Insurance and Bonds". Contractor is required to provide 100%Payment and Performance Bonds. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount($0.00) This A nt=-is ent= -: '- - • _th day and year first written above. 1/4 OWNER(Si:, 'e CONTRACTOR(Signature) I . �, L 15410 d, , ,. Tammy de Weerd ,Mayor _ 1 (Printed name and title) (Printed name and title) AIA Document Al 32TM—2009 formerly A101 TMCMa—1992).Copyright©1975,1980,1992 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AlA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 8 this AlA®Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:26:59 on 12/31/2014 under Order No.6527595385_1 which expires on 01/07/2015,and is not for resale. User Notes: (1850954099) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) City of Meridian Storey Park Development 430 E Watertower Street Meridian, Idaho 83642 KC PROJECT NO. 14-085 December 22, 2014 PROJECT DOCUMENTS as issued by Insight Architects, P.A. and prepared by the following project team: Architect— Insight Architects, P.A. Structural Engineer—AHJ Engineers, PC Civil Engineer — Erickson Civil Landscape Architect— Jensen Belts Associates Mechanical Engineer—Musgrove Engineering, P.A. Electrical Engineer—Musgrove Engineering, P.A. Construction Manager— Kreizenbeck Constructors PROJECT MANUALS Instructions to Bidders, Complete — Dated November 21, 2014 Project Manual, Complete— Dated November 21, 2014 ADDENDUMS Addendum No. One—Dated December 15, 2014 DRAWINGS — Dated November 21, 2014 A.01 Cover Sheet Civil C1.0 Cover Sheet CIA Notes C1.2 Topographic Survey GD.0 Overall Grading Plan & Earthwork Req. GDA Grading & Drainage Plan—Area 1 GD.2.0 Grading & Drainage Plan—Area 2 GD.2.1 Grading & Drainage Plan—Area 2 (All 41) GD.2.2 Grading & Drainage Plan—Area 2 (Alt #2) GD.3.0 Section Views (Base Bid) GD.3.1 Section Views (Alt #1 &' Alt #2) GD.3.2 Internal Pathway Alignments GD.3.3 Internal Pathway Profiles —1 GD.3.4 Internal Pathway Profiles— 2 GDA Roadway Profile & Details -1 GD.5 Details -2 GDA Details -3 SDA Stomp Drain Base Bid & Alt #1) SD.1.1 Storm Drain (Alt #2) SD.2 Storm Drain Details -1 SD.3 Storm Drain Details -2 GIRRA Gravity Irrigation (All #S) UTA Utility Plan SPA SWPPP—Cover Sheet SP.2 SWPPP Plan Sheet SP.3 SWPPP—Details Landscape L1.1 Site Plan — Area 1 1.1.2 Site Plan —Area 2 1.1.3 Site Plan—Area 2 L2.1 Landscape Plan —Area 1 L2.2 Landscape Plan — Area 2 L2.3 Landscape Plan — Area 2 L3.1 Irrigation Plan —Area 1 L3.2 In igatlon Plan —Area 2 L3.3 Irrigation Plan —Area 2 Architectural Al.1 Floor Plan, Roof Plan, Roof Framing Plan, Reflected Gelling Plan, Foundation Plan A2.1 Building Sections, Details A2.2 Details A2.3 Details A3.1 Exterior Elevations, Interior Elevations A4.1 General Structural Notes / Schedules Mechanical MG0.0 Mechanical Cover Sheet MG0.1 Energy Code Compliance M1.0 Mechanical Plans M2.0 Mechanical Details M3.0 Mechanical Schedules Storey Park Development Page 1 of 2 December 22, 2014 Electrical EG0.0 Elecldcal Cover Sheet & Details EG1.0 Lighting Compliance Forms E1.1 Electrical Site Plan—Area 1 E1.2 Electrical Site Plan —Area 2 E2.0 Electrical Plans & Schedules Storey Park Development Page 2 of 2 December 22, 2014 CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 1/7/2015 REQUESTING DEPARTMENT Fund: 01, 07, 55 Department: Construction: X Project Name: Project Manager: MIKE BARTON Department Representative: n/a Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Will the project cross fiscal years? PARKS 5200 GL Account: 93450 Project # PSA: Task Order: STOREY PARK DEVELOPMENT Alta Construction / Insight Architects Yes Contract Amount: $400,233.66 Yes No X Budget Information: FY Budget: 14 & 15 Enhancement#: Grant#: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder x Highest Rated Master Agreement (Bid Results Attached) (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: Yes Date Award Posted: By CM PW License # 3938 Current? (attach print out) Yes Corporation Status Goodstanding Insurance Certificates Received (Date): January 6, 2015 Rating: A+ Payment and Performance Bonds Received (Date): January6, 2015 Rating: A+ Builders Risk Ins. Req'd: Yes X No If yes, has policy been purchased? no (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: January 7, 2015 Approved by Council Issue Purchase Order No. Date Issued: WH5 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) 10122) eTRAKiT Home I Setup an Account I Lou In LOGIN © REMEMBER ME Forgot Password Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elthaskrs Violations Search Shopping Cart Pay All Fees Contact Contact us Public Works SearchP Search Again Download Results Printable View L'i t� IPreV Page: ? of i INS ee � �LaS� Details - License Number: 003938 Lic Info Registration #: 003938 Issue: 6/25/2014 Expire: 6/30/2015 Type: PUBLIC WORKS Sub -Type: AAA Status: ACTIVE Company: ALTA Construction, Inc. Phone: (208)853-1720 Cell: (208) 954-6616 Pager: Fav: (208)853-6588 Owner Name: Linked Activities: Sub Permit(s): BLD1309-00020 BUILDING ACTIVE BLO1301-00006 BUILDING ACTIVE BLD1210-00012 BUILDING FINALED Page 1 of 1 ACTIVE I ALTA Conslruclic P The Division of Building Safely, makes every ¢Merl to Produce and publish the rrmel current and accurate inlormation possible. No warranties, expressed or implied, are provided For the data herein, its use, or its interpretation. Wiliastion of this website indicates understanding and acceptance of this statement. 1-8001 1090 E Watenowar Sl, Suite i6o Mardian ID 63642 HOME I CONTACT https://web.dbs.idaho.gov/etrakit3/Custom/Idaho PublicWorksSearchRslts.aspx 1/7/2015 IDSOS Viewing Business Entity IDAHO SECRETARY OF STATE Viewing Business Entity Page 1 of 3 Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for ALTA CONSTRUCTION, INC. ] [ Monitor ALTA CONSTRUCTION, INC. business filings ] ALTA CONSTRUCTION, INC. 619 N CLOVERDALE ROAD BOISE, ID 83713 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 05 Nov 2014 State of Origin: IDAHO Date of 27 Jan 1977 Origination/Authorization: Current Registered Agent: ERIK MATHIASON 619 N CLOVERDALE RD BOISE, ID 83713 Organizational ID / Filing C54953 Number: Number of Authorized Stock 1 Shares: Date of Last Annual Report: 15 Jan 2014 Original Filing: [ Help Me Print/View TIFF ] Filed 27 Jan 1977 INCORPORATION View Image (PDF format) View Image (TIFF format) Amendments: [ Help Me Print/View TIFF ] Amendment Filed 11 Sep 1980 OTHER - View Image (PDF format) View Image R/A (TIFF format) Amendment Filed 04 Jun 1982 REINSTATEMENT View Image (PDF format) View Image (TIFF format) Amendment Filed 18 Aug REINSTATEMENT View Image (PDF format) View 1983 Image (TIFF format) Amendment Filed 15 Apr 1992 REINSTATEMENT View Image (PDF format) View Image (TIFF format) Annual Reports: [ Help Me Print/View TIFF ] Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2012 CHNG View Image (PDF format) View Image RA/RO (TIFF format) http://www.accessidaho.org/public/sos/corp/C54953.html 1/7/2015 ® T I Document A132" - 2009 Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adviser Edition Bid Package No. 1- Site work, Utilities, Asphalt Paving, and Concrete This document is intended to be used ADDITIONS AND DELETIONS: AGREEMENT made as of the day of in the year The author of this document has (In words, indicate day, month and year) added information needed for its Storey Park Development completion. The author may also BETWEEN the Owner: have revised the text of the original (Name, legal status, address and other information) AIA standard form. An Additions and Deletions Report that notes added City of Meridian information as well as revisions to the 33 East Broadway Avenue standard form text is available from Meridian, Idaho 83642 the author and should be reviewed. A Kreizenbeck, LLC DBA Kreizenbeck Constructors vertical line in the left margin of this and the Contractor: document indicates where the author (Name, legal status, address and other information) has added necessary information Telephone Number: (208) 336-9500 and where the author has added to or Alta Construction, hic. deleted from the original AIA text. 619 North Cloverdale This document has important legal Boise, Idaho 83713 consequences. Consultation with an Telephone Number: 208-853-1720 attorney is encouraged with respect Fax Number: 208-853-6588 to its completion or modification. for the following Project: This document is intended to be used in conjunction with AIA Documents (Name, location and detailed description) A232--2009, General Conditions of the Contract for Construction, Storey Park Development Construction Manager as Adviser 430 East Watertower Lane Edition; B1321a-2009, Standard Meridian, Idaho 83642 Form of Agreement Between Owner and Architect, Construction Manager The Construction Manager: as Adviser Edition; and (Name, legal status, address and other information) C1321u-2009, Standard Form of Agreement Between Owner and Kreizenbeck, LLC DBA Kreizenbeck Constructors Construction Manager as Adviser. 11724 West Executive Drive AIA Document A232--2009 is Boise, Idaho 83713 adopted in this document by Telephone Number: (208) 336-9500 reference. Do not use with other Fax Number: (208) 336-7444 general conditions unless this document is modified. The Architect: (Name, legal status, address and other information) Insight Architects, P.A. 2238 South Broadway Avenue Boise, Idaho 83706 Telephone Number: (208) 338-9080 The Owner and Contractor agree as follows. AIA Document Al 321- —2009 formerly A101T"CMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:15:50 on 12/31/2014 under Order No.6527595385_1 which expires on 01/07/2015, and Is not for resale. User Notes: (2016456889) 17 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACTSUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract, together with the performance bond and payment bond, if any, represent the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Contract Requirements: Provide all labor, material, equipment and permits to complete the Site clearing, Earthwork, Utilities, Asphalt paving, building concrete, and site concrete as noted on the construction documents and per the following: Division 1 — General Requirements, Complete Section 321216 — Asphalt Pavement Division 03 — Concrete, Complete Section 321313 — Site Concrete Paving Section 079200 — Joint Sealants" Section 321723 — Pavement Markings Section 101423 — Panel Signage" Division 33 —Utilities, Complete Division 31 — Earthwork, Complete '• As applicable to this scope of work This contract specifically includes but is not limited to: • Provide all site demolition and site clearing in accordance with the construction documents. This includes all saw cutting and removal of, asphalt, fencing, and vegetation. • Demo and remove existing trees as indicated on keynote 4/L1. 1. • Perform all cut / fill operations to establish subgrade and bring the site to proper elevations. Provide, place and compact all materials as specified Sub grade tolerances shall be as noted in the construction documents (net =0) and excess materials appropriately disposed of off-site. • Perform cut/fill operations to achieve proper subgrade elevations in lawn and planter areas. Topsoil (6' in lawn areas, 12" in planters) will be imported and placed by others. Subgrade elevations to be + or -.10. • Provide excavation and backfill for all building concrete. This includes over excavation and installation of structural fill as indicated. • Prep and place shade shelter concrete. • Provide and place aggregate base for all building structures concrete slab on grades as indicated by the construction documents. Aggregate base under concrete shall be+ or - .10 (net = 0). AIA Document A13V-- 2009 formerly A101 T°CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:15:50 on 12/31/2014 under Order No. 6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (2018456889) • Provide and place pit run, aggregate base and asphalt paving per construction documents. Provide patching of existing asphalt as necessary to complete all work noted in this work package. • Provide striping for all asphalt and concrete paving as indicated. Include all painted symbols and stencils. • Provide and install all exterior post and panel signs as noted on the civil drawings (i.e. stop signs, handicap signs). Include excavation, backfill, concrete footings, pipe post barricades, poles and signs. • Furnish and install all pipe bollards (pipe post barricades) complete as per the details. This includes painting as indicated. • Provide excavation and backfill for all site concrete. • Provide and place aggregate base for all site concrete and asphalt paving as indicated by construction documents. • Provide and place all site concrete as indicated on the construction drawings. • Construct gravel pathways per civil drawings. • Provide all labor, material and equipment, to form, place, strip and finish concrete footings, foundation walls, slabs on grade, sidewalks, thickened edges and exterior concrete slabs as shown on the construction documents. • Provide all labor, materials and equipment to complete all work associated with the removal and replacement of the Franklin Road pedestrian ramps per GD.2 • Place concrete paving per keynote 5/1,1.1 and civil drawings. • Provide 8" thickened edge at synthetic turf per 3/LL2 • Install concrete curb at synthetic turf per keynote 6/L1.1 • Complete concrete work for Owner installed items per "Furnishings Schedule" on Ll.I and LL2. • Furnish and install truncated detectable domes in sidewalks as indicated by the construction documents. • Furnish and install all vapor barriers and rigid insulation under slab at restroom building as indicated by the construction documents. • Furnish and install all concrete reinforcing steel and welded wire fabric as indicated by the construction documents. • Provide caulking for all concrete joints as indicated by the construction documents. • Include pumping for concrete in this package as required by site conditions. • Provide all add mixtures and additives for concrete as required and as conditions dictate for your work. • Sawcuttingjoints as shown in construction documents. • Grinding of concrete slabs as necessary to meet flatness specifications. • Provide concrete containment and remove offsite all washout concrete and other concrete debris created by this work. • Provide labor and insulated blankets to protect the ground and concrete from freezing as required for your work. • Provide excavation, trenching and backfill for work within this work package. • Furnish and install a complete domestic water service line as indicated in the construction documents. Stub water service line to within 5' of building. • Complete all site utilities indicated. Include drinking fountain service/drain and frost free hydrants complete as detailed. • Furnish and install a complete sanitary sewer system for the restroom building as indicated in the construction documents. Stub sewer line to within 5' of building. • Furnish and install a complete storm drainage system as indicated in the construction documents. • Complete gravity irrigation modifications as indicated on construction documents. This includes, but is not limited to; cast in place irrigation boxes, expanded metal covers, tiling, and removal of existing pipe materials. • Complete pot holing, marking and CCTV per Keynote 23/GD.2 • Provide and install dewatering systems as required to complete work for this work package. • Furnish and install all concrete related to utility work in this work package. This includes concrete collars. • Provide temporary power and lighting as required to complete this scope of work. • Maintain, protect and repair existing surfaces and utilities which are to remain • Provide and maintain all erosion and control and SWPPP requirements for this scope of work in accordance with the construction documents. Monitor and maintain until final stabilization is in place. This includes street sweeping and dust control as it pertains to this scope while on site. • Contractor to provide all water required to complete work operations under this work package. • Include all applicable permits and fees required to complete work within this bid package, including R.O.W. permits. • Provide traffic control as required for all work within this work package. • Furnish all survey work required for this work package. Surveyor to be registered in the State of Idaho. • All submittals are due within 10 days of notice to proceed. • All construction shall follow OSTIA standards and requirements. • Include a $10,000 allowance in the base bid to be used at the sole discretion of the Construction Manager. This contract specifically excludes: • Light pole bases. • Concrete associated with the installation of fences. • Temporary heaters and fuel. AIA Document At 32T°-2009 formerly Al01T"CMa— 1992). Copyright ®1975,1980, 1992 and 2009 by The American Institute of Architects. All rights Inst, reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3 this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 09:15:50 on 12/31/2014 under Order No.6527595385_I which expires on 01/07/2015, and is not for resale. t User Notes: (2018456889) I • Masonry rebar • Yz' minus crashed rock under synthetic turf • Landscape rock - 3/8" washed aggregate per detail 4/1,1.2 ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date ofcommencement, if it diersfrom the date of this Agreement or, ifapplicable, state that the date will be fixed in a notice to proceed) The commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) The work shall be substantially complete by July 2, 2015 (Table deleted) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or %4% of the Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the Contract Time. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) AIA Document A1132TM — 2009 formerly A1101T•CMa —1992). Copyright(l) 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:15:50 on 1213112014 untler Order No.6527595385 1 which expires on 0110712015, and is not for resale. OA User Notes: (2018456889) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Four Hundred Thousand Two Hundred Thirty-three Dollars and Sixty-six Cents ($ 400,233.66 ), subject to additions and deletions as provided in the Contract Documents. Base Bid $270,772.88 Alternate No. 1 NOT ACCEPTED Alternate No. 2 $74,387.90 Alternate No. 3 $9,469.00 Alternate No. 4 $18,525.06 Alternate No. 5 $7,289.43 Alternate No. 6 $19,789.39 Total Contract Amount $400,233.66 § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification ofaccepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) Alternate No. 2 - Road Connection with Additional Parking: Refer to Sheets L1.3, GD.2.2, GD.3.1, and SD.I.I. Alternate No. 3 - Restroom Building: Refer to Sheets Lt. 1, Al. 1, A2.1, A2.2, A2.3, A3.1, A4.1, MG0.0, MG0.1, M1.0, M2.0, M3.0, E60.0, E0.1, E L 1, E1.2, and E2.0. Alternate No. 4 - Large Shelters: Refer to Sheet Lt.I and Spec Section 107300 Shade Shelters. Alternate No. 5 - Synthetic Turf: Refer to Sheet Lt.I and Spec Section 321813 Synthetic Turf Surfacing. Alternate No. 6 —Irrigation Pipeline Replacement: Refer to Sheet GIRR.1. § 4.2.3 Unit prices, if any: (Identify and state the unitprice, andstate the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price) Item Allowance As identified in Article 2 (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. AIA Document A132-- 20091formerly A1011aCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA & Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:15:50 on 12/31/2014 under Order No.6527595385_1 which expires on 0110 712 01 5, and is not for resale. User Notes: (2018456999) § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty-fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the Twenty-fifth day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions ofthe Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent ( 95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) No reduction in retainage will be allowed prior to final completion without written approval of the Owner. AIA Document At 321--2009 formerly At 01I-CMa-1992). Copyright ®1975,1960, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6 this Al a Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:15:60 on 12/31/2014 under Order No.6527595385_1 which expires an 01/07/2015, and is not for resale. & User Notes: (2018456889) (Paragraphs deleted) § 5.1.4.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion of the Work. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court ofcompetent jurisdiction) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 as modified. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 as modified. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. AIA Document A132"--2009 formerly A101T°CMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:15:50 on 12/31/2014 under Order No.8527595385-1 which expires on D1/07/2015, and is not for resale. {;`( User Notes: (2018458889) I� (Insert rate of interest agreed upon, if any.) 3/4 of 1% per month § 8.3 The Owner's representative: (Name, address and other information) Keith Watts, Purchasing Manager City of Meridian Purchasing Department 33 East Broadway Avenue Meridian, Idaho 83642 § 8.4 The Contractor's representative: (Name, address and other information) Justin King Telephone Number: 208-853-1720 Mobile Number: 208-602-8125 Email Address: jking@altaedge.com § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. § 9.1.2 The General Conditions are, AIA Document A232-2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract Document Title Date Pages Exhibit A Contract Document Schedule 12/22/2014 2 § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Contract Document Schedule, Exhibit A, dated December 22, 2014 (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Contract Document Schedule, Exhibit A, dated December 22, 2014 (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages One 12/15/2014 2 AIA Document A132-- 2009 formerly A101T"CMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8 this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:15:50 on 12/312014 under Order No.6527595385_1 which expires on 01107/2015, and is not for resale. User Notes: (2018456889) 891 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents are: .1 AIA Document Al32Tm-2009, Exhibit A, Determination of the Cost of the Work, if applicable. .2 ALA Document E20 IT" 2007, Digital Data Protocol Exhibit, if completed, or the following: N/A .3 AIA Document E202T" 2008, Building Information Modeling Protocol Exhibit, if completed, or the following: N/A .4 Other documents, if any, listed below: (List here any additional documents which are intended to form part of the Contract Documents. AIA Document A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions Exhibit A, Contract Document Schedule dated 12/22/2014 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying ATA Document A232-2009 for changes and additions to Article I I "Insurance and Bonds". Contractor is required to provide 100% Payment and Performance Bonds. (State bonding requirements, if any, and limits of liabilityfor insurance required in Article 11 of AIA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) This Agreement is entered into as of the day and year first written above. OWNER (Sign COR ignature) Tammy de Weerd , Mayor exfv- 14117+aAsaLl rraescbercr (Printed name and title) (Printed name and title) AIA Document A132-- 2009 formerly A101T"CMa-1992). Copyright®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 9 this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:15:50 on 1 213112 01 4 under Order No.6527595385 1 which expires on 0110 712 01 5, and is not for / , resale. V User Notes: (2018456(189) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) City of Meridian Storey Park Development 430 E Watertower Street Meridian, Idaho 83642 KC PROJECT NO. 14-085 December 22, 2014 PROJECT DOCUMENTS as issued by Insight Architects, P.A. and prepared by the following project team: Architect - Insight Architects, P.A. Structural Engineer-AHJ Engineers, PC Civil Engineer -Erickson Civil Landscape Architect - Jensen Belts Associates Mechanical Engineer - Musgrove Engineering, P.A. Electrical Engineer- Musgrove Engineering, P.A. Construction Manager- Kreizenbeck Constructors PROJECT MANUALS Instructions to Bidders, Complete- Dated November 21, 2014 Project Manual, Complete - Dated November 21, 2014 ADDENDUMS Addendum No. One- Dated December 15, 2014 DRAWINGS - Dated November 21, 2014 A.01 Cover Sheet Civil C1.0 Cover Sheet C1.1 Notes C1.2 Topographic Survey GD.0 Overall Grading Plan & Earthwork Req. GDA Grading & Drainage Plan -Area 1 GD.2.0 Grading & Drainage Plan -Area 2 GD.2.1 Grading & Drainage Plan -Area 2 (Alt#1) GD.2.2 Grading & Drainage Plan -Area 2 (Alt#2) GD.3.0 Section Views (Base Bid) GD.3.1 Section Views (Alt #1 W Alt #2) GD.3.2 Internal Pathway Alignments GD.3.3 Internal Pathway Profiles -1 GD.3.4 Internal Pathway Profiles -2 GDA Roadway Profile & Details- 1 GD.5 Details -2 GD.6 Details -3 SDA Storm Drain Base Bid & Alt #1) SD.1.1 Storm Drain (Alt #2) SD.2 Storm Drain Details -1 SD.3 Storm Drain Details -2 GIRRA Gravity Irrigation (Alt #6) UTA Utility Plan SPA SWPPP-Cover Sheet SP.2 SWPPP Plan Sheet SP.3 SWPPP-Details Landscape L1.1 Site Plan - Areal L1.2 Site Plan - Area 2 L1.3 Site Plan -Area 2 L2.1 Landscape Plan -Area 1 L2.2 Landscape Plan -Area 2 L2.3 Landscape Plan -Area 2 L3.1 Irrigation Plan -Area 1 L3.2 Irrigation Plan - Area 2 L3.3 Irrigation Plan -Area 2 Architectural A1.1 Floor Plan, Roof Plan, Roof Framing Plan, Reflected Ceiling Plan, Foundation Plan A2.1 Building Sections, Details A2.2 Details A2.3 Details A3.1 Exterior Elevations, Interior Elevations A4.1 General Structural Notes I Schedules Mechanical MG0.0 Mechanical Cover Sheet MG0.1 Energy Code Compliance M1.0 Mechanical Plans M2.0 Mechanical Details M3.0 Mechanical Schedules Storey Park Development December 22, 2014 Page 1 of 2 & Electrical EG0.0 Electrical Cover Sheet & Details EG1.0 Lighting Compliance Forms E1.1 Electrical Site Plan — Area 1 E1.2 Electrical Site Plan — Area 2 E2.0 Electrical Plans & Schedules Storey Park Development December 22, 2014 Page 2 of 2 '4'1 CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 1/7/2015 REQUESTING DEPARTMENT PARKS Fund: 01, 07, 55 Department: 5200 GL Account: Construction: Project Name: Project Manager: PSA: 93450 Project # Task Order: STOREY PARK DEVELOPMENT MIKE BARTON Department Representative: n/a Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Will the project cross fiscal years? Sterling Landscape / Insight Architects Yes Contract Amount: $265,657.00 Yes No X Budget Information: FY Budget: 14 & 15 Enhancement#: Grant#: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder x Highest Rated Master Agreement (Bid Results Attached) (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: PW License# PWC -C 16894 Corporation Status Yes Current? (attach printout) Existing Date Award Posted: By CM Yes Insurance Certificates Received (Date): December3l, 2014 Rating: A Payment and Performance Bonds Received (Date): December 22, 2014 Rating: A Builders Risk Ins. Req'd: Yes X No If yes, has policy been purchased? no (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: January 7, 2015 Approved by Council Issue Purchase Order No. Date Issued: WI -15 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) 10122) eTRAKiT Home I Setup an Account I Log In COnlmeler S Username Passwortl LOGIN 0 REMEMBER ME Forgot password Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Page 1 of 1 Public Works Search D Search Again Download Results Printable View Steding Landscape Design &Constmc8on PWC 1 02810, 2935 I A E 1 _. or. - __ __—_-- 1First EP ? Page: t oft Next lies, Details - License Number: PWC -C-16894 Registration III: PWC -C-16894 Issue: 6/25/2014 Expire: 6/30/2015 Type: PUBLIC WORKS Sub -Type: B Status: ACTIVE Company: Staining Landscape Design & Construction Phone: (208)461-5111 Cell: (208) 761-9336 Pager: Fax: (208)461-9544 Owner Name: The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible. Nowarmnlies, expressed or implled, are provided for the data herein, Its use, or iia interver atlon. Utilization of this website indicates understanding and acceptance of this statement. 1-800-955-3044,1090 E water -lower Sl, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublicWorksSearchRslts.aspx 1/7/2015 IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE 0 Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for STERLING LANDSCAPE DESIGN & CONSTRUCTION, L.L.C. ] [ Monitor STERLING LANDSCAPE DESIGN & CONSTRUCTION. L.L.C. business filings ] STERLING LANDSCAPE DESIGN & CONSTRUCTION, L.L.C. 4663 W USTICK RD NAMPA, ID 83687 Type of Business: LIMITED LIABILITY COMPANY Status: EXISTING, ANREPT SENT 09 Sep 2014 State of Origin: IDAHO Date of 08 Nov 2004 Origination/Authorization: Current Registered Agent: LAVON WEBB 4663 W USTICK RD. NAMPA, ID 83687 File Number: W34402 Date of Last Annual Report: 24 Sep 2014 Original Filing: Filed 08 Nov 2004 ARTICLES OF ORGANIZATION Amendments: Amendment Filed 13 May OTHER - ADD 1 2005 MEMBER DELETE 1 MEMBER Annual Reports: Report for year 2014 ANNUAL REPORT [ Help Me Print/View TIFF ] View Image (PDF format) View Image (TIFF format) [ Help Me Print/View TIFF ] View Image (PDF format) View Image (TIFF format) [ Help Me Print/View TIFF ] View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 CHANGE ADDRESS Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 View Image (PDF format) View Image (TIFF format View Image (PDF format) View Image (TIFF format View Image (PDF format) View Imaoe (TIFF forma http://www.accessidaho.org/public/sos/corp/`W34402.htm1 1/7/2015 TRANSMITTAL Date: January 6, 2015 To: Attn: Mr. Keith Watts, Purchasing Manager City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 RE: City of Meridian — Storey Park Development Project We are sending you: Copies Date Description 1 12/22/14 AIA Document A132-2009 Standard Form of Agreement Between Owner and Contractor Sterling Landscape & Design — Signed Contract 1 12/30/14 ORIGINAL- Payment & Performance Bonds 1 12/31/14 Certificate of Insurance with Endorsements 1 12/28/14 W-9 Request for Taxpayer Identification Number & Certification Action: For your review, signature, and return Keith, I have include (2) original copies of the contracts for the Storey Park Project. Please have both copies signed and return (1) fully executed copy of the contracts to our office to be distributed to the contractors. I have also included the other documents for your records. Thank you. CC: KC File Signed. Dena Nelson -Hendren 11724 WEST EXECUTIVE DRIVE ■ BoISE, ID 83713 ■ 208 336-9500 ■ FAX 208 336-7444 ICR No. RCE -764 .AIA Document A132" - 2009 Standard Form ofAgreement Between Owner and Contractor,ConstructionManager as Adviser Edition Bid Package No. 2 — Landscaping and Irrigation System This document has important legal 4663 Ustick ADDITIONS AND DELETIONS: AGREEMENT made as of the Twenty-second day of December in the year Two Thousand The author of this document has Fourteen added information needed for its (In words, indicate day, month and year) completion. The author may also have revised the text of the original BETWEEN the Owner: AIA standard form. An Additions and (Name, legal status, address and other information) Deletions Report that notes added information as well as revisions to the City of Meridian standard form text is available from 33 East Broadway Avenue the author and should be reviewed. A Meridian, Idaho 83642 vertical line in the left margin of this document indicates where the author and the Contractor: has added necessary information (Name, legal status, address and other information) and where the author has added to or deleted from the original AIA text. Sterling Landscape Design & Construction, LLC This document has important legal 4663 Ustick consequences. Consultation with an Nampa, Idaho 83687 attorney is encouraged with respect Telephone Number: 208-461-5111 to its completion or modification. Fax Number: 208-461-9544 This document is Intended to be used in conjunction with AIA Documents for the following Project: A232--2009, General Conditions of (Name, location and detailed description) the Contract for Construction, Construction Manager as Adviser Storey Park Development Edition; B132^-2009, Standard 430 East Watertower Lane Form of Agreement Between Owner Meridian, Idaho 83642 and Architect, Construction Manager as Adviser Edition; and The Construction Manager: C132M-2009, Standard Form of (Name, legal status, address and other information) Agreement Between Owner and Construction Manager as Adviser. Kreizenbeck, LLC DBA Kreizenbeck Constructors, AIA Document A232--2009 is 11724 West Executive Drive adopted in this document by Boise, Idaho 83713 reference. not use with other Telephone Number: (208) 336-9500 d general conditions unless this Fax Number: (208) 336-7444 document is modified. The Architect: (Name, legal status, address and other information) Insight Architects, P.A. 2238 South Broadway Avenue Boise, Idaho 83706 Telephone Number: (208) 338-9080 The Owner and Contractor agree as follows. AIA Document At 32T0-2009 formerly All 01-CMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced byAlA software at 09:19:50 on 1 213 112 01 4 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1314027629) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract, together with the performance bond and payment bond, if any, represent the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Contract Requirements: Provide all labor, material and equipment to furnish and install a complete operational underground irrigation sprinkler system, landscape plantings, grass seeding, sod and synthetic turf as shown on the construction documents and per the following: Division 1- General Requirements, Complete Section 329113 - Soil Preparation Section 321813 - Synthetic Turf Surfacing Section 329200 - Turf and Grasses Section 328400 - Planting Irrigation Section 329300 - Plants This contract specifically includes but is not limited to: • Furnish and install all landscaping and irrigation work in accordance with the construction documents. • Furnish and install all grass seeding and sod as indicated by the construction document. • Provide and place synthetic turf per the specification and drawings. • Retain and protect existing trees per keynote 1/1,1.1 • Provide excavation, trenching and backfill for work required within this work package. • Furnish and install bark mulch and rock mulch in all planting beds as indicated in the construction documents. • Furnish and install all irrigation sleeves required to complete the irrigation system. • Excess materials from landscaping and irrigation activities shall be removed from site. • Import and place %z" minus washed crushed rock at synthetic turf areas. • Import and place 3/•" washed aggregate per 4/1,1.2 • Import, place, and grade all topsoil as required. Amend topsoil as required per specification. All landscape areas will be left at subgrade elevations by others (-G' lawn areas, -12" planters). Note -no existing materials shall be used for topsoil. AIA Document A132TM-2009 `rformerly A701TOCNia -1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute or Architects. All rights Inst. reserved. WARNING: This AIA ID Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:19:50 on 12/31/2014 under Order No.6527595385 1 which expires on 01/07/2015, and is not for resale. User Notes: (1314027629) This contract specifically excludes: • Installation of concrete curb at synthetic turf per 6/L1.1 • Gravel pathways per civil drawings. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it diers from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed,) The commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number ofcalendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion ofcertain portions of the Work) The work shall be substantially complete by July 2, 2015 (Table deleted) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus paymenisfor early completion ofthe Work.) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or %a% of the Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the Contract Time. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) AIA Document A132^-2009 formerly AlOV-CMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:19:50 on 12/31/2014 under Order No.6527595385 1 which expires on 01/07/2015, and Is not for resale. User Notes: (1314027629) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Two Hundred Sixty-five Thousand Six Hundred Fifty-seven Dollars and Zero Cents ($ 265,657.00 ), subject to additions and deletions as provided in the Contract Documents. Base Bid $224,269.00 Alternate No. 1 NOT ACCEPTED Alternate No. 2 <$17,418.00> Alternate No. 3 $480.00 Alternate No. 4 <$816.00> Alternate No. 5 $59,142.00 Alternate No. 6 $0.00 Total Contract Amount $265,657.00 § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification ofaccepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule ofsuch other alternates showing the amount for each and the date when that amount expires.) Alternate No. 2 - Road Connection with Additional Parking: Refer to Sheets L1.3, GD.2.2, GD.3.1, and SD. 1.1. Alternate No. 3 - Restroom Building: Refer to Sheets Lt. 1, Al. 1, A2.1, A2.2, A2.3, A3.1, A4.1, MGO.0, MOO. 1, MLO, M2.0, M3.0, EGO.O, EO. 1, El. 1, E1.2, and E2.0. Alternate No. 4 - Large Shelters: Refer to Sheet Ll.I and Spec Section 107300 Shade Shelters. Alternate No. 5 - Synthetic Turf Refer to Sheet Lt.I and Spec Section 321813 Synthetic Turf Surfacing. Alternate No. 6 — Irrigation Pipeline Replacement: Refer to Sheet GIRR.1. § 4.2.3 Unit prices, if any: (Identify and state the unitprice, and state the quantity limitations, ifany, to which the amitprice will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, ifany, from the allowance price) Item Allowance (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. AIA Document Al32-- 2009 formerly AlOV-CMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:19:50 on 1 213112 01 4 under Order No.6527595385_1 which expires on 011072015, and is not for resale. User Notes: (1314027629) § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty-fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the Twenty-fifth day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent ( 95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add, if final completion ofthe Work is thereafter materially delayed through no fault ofthe Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (1f it is intended, prior to Substantial Completion of the entire Work to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisionsfor such redaction or limitation.) No reduction in retainage will be allowed prior to final completion without written approval of the Owner. AIA Document A132Te —2008 formerly A101r"CMa-1992). Copyright 0 1975, 1980, 1992 and 2009 by The American Institute of Amhitects. All rights Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:19:50 an 12/31/2014 under Order No.6527595385 1 which expires on 01/07/2015, and is not for resale. User Notes: (1314027629) (Paragraphs deleted) § 5.1.4.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion of the Work. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of ATA Document A232-2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of ATA Document A232-2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court ofcompetentjurisdiction.) [ ] Arbitration pursuant to Section 15.4 of ATA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 as modified. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 as modified. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. AIA Document A132T'"-2009 formerly At 01 T"CMa- 1992). Copyright ®1975,1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of 6 this Al a Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:19:50 on 1 2/3112 01 4 under Order No.6527595385-1 which expires on 01107/2015, and is not for resale. User Notes: (1314027629) (Insert rate of interest agreed upon, if any.) 3/4 of l% per month § 8.3 The Owner's representative: (Name, address and other information) Keith Watts, Purchasing Manager City of Meridian Purchasing Department 33 East Broadway Avenue Meridian, Idaho 83642 § 8.4 The Contractor's representative: (Name, address and other information) Jody Hurst Telephone Number: 208-461-5111 Mobile Number: 208-761-9337 Email Address: jhurst@sterlinglandscape.com § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document At 32-2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. § 9.1.2 The General Conditions are, ATA Document A232-2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract Document Title Date Pages Exhibit A Contract Document Schedule 12/22/2014 2 § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Contract Document Schedule, Exhibit A, dated December 22, 2014 (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Contract Document Schedule, Exhibit A, dated December 22, 2014 (Table deleted) § 9.1.6 The Addenda, if any: Number One Date Pages 12/15/2014 2 AIA Document A1321--2008 formerly A101TMCMa— 1992). Copyright ®1975,1980, 1992 and 2009 by The American lns8lute of Architects. All rights Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 09:19:50 on 12/31/2014 under Order No.6527595385_1 which expires on 01/07/2015, and Is not for resale. User Notes: (1314027629) Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents are: .1 ATA Document A132T 2009, Exhibit A, Determination of the Cost of the Work, if applicable. .2 AIA Document E2011rA1-2007, Digital Data Protocol Exhibit, if completed, or the following: N/A .3 AIA Document E202Tm-2008, Building Information Modeling Protocol Exhibit, if completed, or the following: .4 Other documents, if any, listed below: (List here any additional documents which are intended to form part ofthe Contract Documents. AIA Document A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part ofthe Contract Documents.) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions Exhibit A, Contract Document Schedule dated 12/22/2014 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying ATA Document A232-2009 for changes and additions to Article 11 "Insurance and Bonds". Contractor is required to provide 100% Payment and Performance Bonds. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 ofA7A Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) This Agreement' red inte a e day and year first writ OWNER (Sig re Tammy de Weerd , Mayor (Printed name and title) AIA Document A132TM— 2009 f0rmeriy A101-CMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Intl reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:19:50 on 12/31/2014 under Order No.6527595385_1 which expires on 0 110 712 01 5, and is not for resale. User Notes: (1314027629) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) City of Meridian Storey Park Development 430 E Watertower Street Meridian, Idaho 83642 KC PROJECT NO. 14-085 December 22, 2014_ PROJECT DOCUMENTS as issued by Insight Architects, P.A. and prepared by the following project team: Architect- Insight Architects, P.A. Structural Engineer -AHJ Engineers, PC Civil Engineer -Erickson Civil Landscape Architect - Jensen Belts Associates Mechanical Engineer- Musgrove Engineering, P.A. Electrical Engineer- Musgrove Engineering, P.A. Construction Manager- Kreizenbeck Constructors PROJECT MANUALS Instructions to Bidders, Complete - Dated November 21, 2014 Project Manual, Complete - Dated November 21, 2014 ADDENDUMS Addendum No. One -Dated December 15, 2014 DRAWINGS - Dated November 21, 2014 A.01 Cover Sheet Civil C1.0 Cover Sheet C1.1 Notes C1.2 Topographic Survey GD.0 Overall Grading Plan & Earthwork Req. GD.1 Grading & Drainage Plan -Area 1 GD.2.0 Grading & Drainage Plan -Area 2 GD.2.1 Grading & Drainage Plan -Area 2 (Alt #1) GD.2.2 Grading & Drainage Plan -Area 2 (Alt #2) GD.3.0 Section Views (Base Bid) GD.3.1 Section Views (Alt 41 W Alt #2) GD.3.2 Internal Pathway Alignments GD.3.3 Internal Pathway Profiles - 1 GD.3.4 Internal Pathway Profiles -2 GDA Roadway Profile & Details -1 GD.5 Details -2 GD.6 Details -3 SD.1 Storm Drain Base Bid & Alt #1) SD.1.1 Storm Drain (Alt #2) SD.2 Storm Drain Details- 1 SD.3 Storm Drain Details -2 GIRRA Gravity Irrigation (Alt #6) UT.1 Utility Plan SPA SWPPP-Cover Sheet SP.2 SWPPP Plan Sheet SP.3 SWPPP-Details Landscape L1.1 Site Plan -Area 1 L1.2 Site Plan -Area 2 L1.3 Site Plan - Area 2 L2.1 Landscape Plan -Area 1 L2.2 Landscape Plan -Area 2 L2.3 Landscape Plan -Area 2 L3.1 Irrigation Plan -Area 1 L3.2 Irrigation Plan - Area 2 L3.3 Irrigation Plan - Area 2 Architectural A1.1 Floor Plan, Roof Plan, Roof Framing Plan, Reflected Ceiling Plan, Foundation Plan A2.1 Building Sections, Details A2.2 Details A2.3 Details A3.1 Exterior Elevations, Interior Elevations A4.1 General Structural Notes / Schedules Mechanical MG0.0 Mechanical Cover Sheet MG0.1 Energy Code Compliance M1.0 Mechanical Plans M2.0 Mechanical Details M3.0 Mechanical Schedules Storey Park Development Page 1 of 2 December 22, 2014 Electrical EG0.0 Electrical Cover Sheet & Details EG1.0 Lighting Compliance Forms E1.1 Electrical Site Plan — Area 1 E1.2 Electrical Site Plan—Area 2 E2.0 Electrical Plans & Schedules Storey Park Development December 22, 2014 Page 2 of 2 #489317P Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: (Name, legal status and address) Sterling Landscape Design & Construction LLC 4663 Ustick Nampa, ID. 83687 OWNER: (Nome, legal status and address) City of Meridian 33 E Meridian Ave. Meridian,ID. 83642 CONSTRUCTION CONTRACT Date. 12/22/2014 Amount: $265,657.00 Description: (Name and location) Storey Park Development 430 East Watertower Lane Meridian, ID. 83642 BOND Date 12/30/2014 (Not earlier than Construction Contract Date) Amount: $265,657.00 SURETY: (Name, legal status and principal place of business) Indemnity Company of California 2036 S Eagle Rd. Meridian, ID. 83642 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Modifications to this Bond: ❑x None ❑ See section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Sterling Landscape Design & C truclion LLC Indemnity Company of California signature: signalur Name Name Staid L.Jayo and Title: J ` and Title: Attorney-in-fact 71 (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY — Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Higgins & Rutledge Ins. (Architect Engineer or otherpmay: ) PO Box 8567 Boise, ID 83707 208-343-7741 5-21491GE 8110 a § 1 The Contractor and Surety. jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the Following terms. § 21f the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or snits by any person or entity seeking payment for labor, materials or equipment famished for rise in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 I there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise afterthe Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless lire Owner against a duly tendered claim. demand. lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise atter the following: § 5.1 Claimants, who do not have a direct contract with the Contractor. .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, tarnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor of last furnished materials or equipment included in the Claim; and .2 have sent a Claim to lite Surety (at the address described in Section 13). § 5.2 Claimants. who are employed by or have a direct contract with the Contractor. have sent a Claim to the Surety (at the address described in Section 13). § 61f a notice ofnon-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to fumish a written notice of non-payment tinder Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim. stating the amounts that are undisputed and the basis for challenging any amounts that arc disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 72 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable allumey's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all fluids earned by the Contractor in the performance of the Construction Contract arc dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owners priority to use the funds for the completion of the work. 5-2149/GE 8110 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor (butane unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competentjurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Constmclion Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page nn which their signature appears. Actual receipt of notice or Claims. however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hereftom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16,1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant: .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms `labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lion may be asserted in thejurisdiction where the labor, materials or equipment were furnished, § 16.3 Construction Contract. The agreement between the Owner and Contractor identified ora the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 5-2149/GE 8/10 § 16.4 Owner Default. Failure of The Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contractor to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 171f this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (.Space i s provided belowJbi, additional signatures ofadded parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Address S-21491GE 8110 Signature: _ Name and Title: Address (Corporate Seal) CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 1/7/2015 REQUESTING DEPARTMENT Fund: 01, 07, 55 Department: Construction: X Project Name: Project Manager: MIKE BARTON Department Representative: n/a Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Will the project cross fiscal years? 5200 GL Account: 11'Vlq PARKS 93450 Project # Task Order: STOREY PARK DEVELOPMENT Butte Fence / Insight Architects Yes Contract Amount: $106,500.00 Yes No x Budget Information: FY Budget: 14&15 Enhancement#: Grant#: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder x Highest Rated Master Agreement (Bid Results Attached) (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: Yes Date Award Posted: PW License # PWC -C-15911 Current? (attach print out) Yes Corporation status Goodstanding Insurance Certificates Received (Date): December 29, 2014 Rating: A+ Payment and Performance Bonds Received (Date): December 29, 2014 Rating: A+ Builders Risk Ins. Req'd: Yes H No If yes, has policy been purchased? no (Only applica bale for projects above $1,000,000) Date Submitted to Clerk for Agenda: January7, 2015 Approved by Council Issue Purchase Order No, Date Issued: WH5 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) CM 10122.f eTRAKiT Home l Setup an Account l Log In LOGIN 11REMEMBER ME Forgot Password Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Warks Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Page 1 of 1 Public Works Seal Search Again Download Results Printable View Butte Fence, Inc. I PWC -P15911 - 102820,08500 4 — 1 B ACTIVE JI Bulle Fence, Inc. I Page. r Fifstt lPrevl Pagl of Ne# Last Details - License Number: PWC -C-15911 Registration III: PWC -C-15911 Issue: 1/29/2014 Expire: 1/31/2015 Type: PUBLIC WORKS Sub -Type: B Status: ACTIVE Company: Butte Fence, Inc. Phone: (208) 884-0203 Cell: (208) 329 0091 Pager: Fax: (208)884-8929 Owner Name: The Oivalon of Building Safety, makes every effort to produce and publish We most current and accurate information possible, No warranties, expressed or implied, are pawl ted for the data herein, Its use, or its lnaroretaticn. Utfiaeden of this website Indicates understanding and acceptance of this statement. 1-800.955-3044, 1090 E Weledawer Sl, Suite 150 Meridian ID 83842 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/fdaho PublieWorksSearebRslts.aspx 1/7/2015 IDSOS Viewing Business Entity IDAHO SECRETARY OF STATE Viewing Business Entity Page 1 of 2 Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for BUTTE FENCE INC. ] [ Monitor BUTTE FENCE. INC. business filings ] BUTTE FENCE, INC. 2049 E WILSON LANE MERIDIAN, ID 83642 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 11 Aug 2014 State of Origin: IDAHO Date of 26 Oct 1995 Origination/Authorization: Current Registered Agent: JARED BELL 2049 E WILSON LN MERIDIAN, ID 83642 Organizational ID / Filing C112472 Number: Number of Authorized Stock 1000000 Shares: Date of Last Annual Report: 18 Aug 2014 Original Filing- [ Help Me Print/View TIFF ] Filed 26 Oct 1995 INCORPORATION View Image (PDF format) View Image (TIFF format) Annual Reports: [ Help Me Print/View TIFF ] Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2010 CHNG View Image (PDF format) View Image RA/RO (TIFF format) Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 CHNG OFF/DIR Report for year 2008 CHANGE ADDRESS Report for year 2008 CHNG RA/RO Report for year 2008 ANNUAL View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View http://www.accessidaho.org/public/sos/corp/Cl12472.html 1/7/2015 TRANSMITTAL Date: January 6, 2015 To: Attn: Mr. Keith Watts, Purchasing Manager City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 RE. City of Meridian — Storey Park Development Project We are sending you: Copies Date Description 1 12/22/14 AIA Document A132-2009 Standard Form of Agreement Between Owner and Contractor Butte Fence — Sic ned Contract 1 12/29/14 ORIGINAL- Payment & Performance Bonds 1 12/29/14 Certificate of Insurance with Endorsements 1 12/31/14 W-9 Request for Taxpayer Identification Number & Certification Action: For your review, signature, and return. Keith, I have include (2) original copies of the contracts for the Storey Park Project. Please have both copies signed and return (1) fully executed copy of the contracts to our office to be distributed to the contractors. I have also included the other documents for your records. Thank you. CC: KC File Signed: Dena Nelson -Hendren 11724 WEST EXECUTIVE DRIVE ■ BOISE, ID 83713 ■ 208 336-9500 ■ FAX 208 336-7444 ICR No. RCE -764 T I Document A132TIN -2009 Standard Form ofAgreement Between Owner and Contractor, Construction Manager as Adviser Edition Bid Package No. 3 — Fencing and Gates This document has important legal 2049 East Wilson Lane ADDITIONS AND DELETIONS: AGREEMENT made as of the Twenty-second day of December in the year Two Thousand The author of this document has Fourteen added information needed for its (In words, indicate day, month andyear.) completion. The author may also have revised the text of the original BETWEEN the Owner: AIA standard form. An Additions and (Name, legal status, address and other information) Deletions Report that notes added information as well as revisions to the City of Meridian standard form text is available from 33 East Broadway Avenue the author and should be reviewed. A Meridian, Idaho 83642 vertical line in the left margin of this document indicates where the author and the Contractor: has added necessary information (Name, legal status, address and other information) and where the author has added to or deleted from the original AIA text. Butte Fence This document has important legal 2049 East Wilson Lane consequences. Consultation with an Meridian, Idaho 83642 attorney is encouraged with respect Telephone Number: 208-884-0203 to its completion or modification. Fax Number: 208-884-8929 This document is intended to be used in conjunction with AIA Documents for the following Project: 2009, General Conditions of (Name, location and detailed description) (N P ) the the Contract for Construction, Construction Manager as Adviser Storey Park Development Edition; B132n^-2009, Standard 430 East Watertower Lane Form of Agreement Between Owner Meridian, Idaho 83642 and Architect, Construction Manager as Adviser Edition; and The Construction Manager: C132^ -2009, Standard Form of (Name, legal status, address and other information) Agreement Between Owner and Construction Manager as Adviser. Kreizenbeck, LLC DBA Kreizenbeck Constructors, AIA Document A232u"-2009 is 11724 West Executive Drive adopted in this document by Boise, Idaho 83713 reference. Do not use with other Telephone Number: (208) 336-9500 general conditions unless this Fax Number: (208) 336-7444 document is modified. The Architect: (Name, legal status, address and other information) Insight Architects, P.A. 2238 South Broadway Avenue Boise, Idaho 83706 Telephone Number: (208) 338-9080 The Owner and Contractor agree as follows. AIA Document Al3V-- 2009 /formorly At 01 TMCMa-1992). Copyright 01975, 1990, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under I the law. This document was produced by AIA software at 09:22:05 on 12/31/2014 under Order No.6527595365_1 which expires on 01/07/2015, and is not for resale. User Notes: (1667596671) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract, together with the performance bond and payment bond, if any, represent the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Contract Requirements: Provide all labor, material and equipment to complete the installation of all fencing, gates, and softball field safety netting systems complete as noted in the construction documents and per the following: Division 1- General Requirements, Complete Section 312000 - Earth Moving ** Section 323113 - Chain Link Fences & Gates Section 033000 - Cast -In -Place Concrete** ** As Applicable to this scope of work This contract specifically includes but is not limited to: • Furnish and install all fences, gates, gate frames, gate posts and applicable hardware in accordance with construction documents. • Furnish and install softball field safety netting, poles and hardware for a complete installation. Include excavation, concrete foundations and equipment necessary to complete work scope. • Provide all excavation and backfill as required for this scope of work. • Furnish and install all concrete and accessories as required for completing the work within this work package. • All Construction shall follow OSHA standards and requirements. • Contractor to verify all dimensions prior to the start of work. AIA Document A1321-- 20091Iformerly A101-CMa-1992). Copyright 01975, 1990, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA m Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under the law. This document was produced by AIA software at 09:22:05 on 12/31/2014 under Order No.6527595385—i which expires on 01/07/2D15, and is not for resale. User Notes: (1667586671) I ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed) The commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirementsfor earlier Substantial Completion of certain portions ofthe Work) The work shall be substantially complete by July 2, 2015. I (Table deleted) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time orfor bonus paymentsfor early completion of the Work) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or %4% of the Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the Contract Time. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be One Hundred Six Thousand Five Hundred Dollars and Zero Cents ($ 106,500.00 ), subject to additions and deletions as provided in the Contract Documents. Base Bid $106,500.00 AIA Document Al32T — 2009 formerly A101 T"CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3 this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:22:05 on 12/31/2014 under Order No.6527595365_I which expires on 0110712015, and is not for resale. User Notes: (1667586671) Alternate No. 1 NOT ACCEPTED Alternate No. 2 $0.00 Alternate No. 3 $0.00 Alternate No. 4 $0.00 Alternate No. 5 $0.00 Alternate No. 6 $0.00 Total Contract Amount $106,500.00 § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) Alternate No. 2 - Road Connection with Additional Parking: Refer to Sheets L1.3, GD.2.2, GD.3.1, and SD. 1.1. Alternate No. 3 - Restroom Building: Refer to Sheets Lt. 1, A1.1, A2.1, A2.2, A2.3, A3.1, A4.1, MG0.0, MG0.1, M1.0, M2.0, M3.0, EG0.0, E0.1, El. 1, E1.2, and E2.0. Alternate No. 4 - Large Shelters: Refer to Sheet LLL and Spec Section 107300 Shade Shelters. Alternate No. 5 - Synthetic Turf: Refer to Sheet Ll. I and Spec Section 321813 Synthetic Turf Surfacing. Alternate No. 6 — Irrigation Pipeline Replacement: Refer to Sheet GIRR.1. § 4.2.3 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Idents allowance andstate exclusions, ifany, from the allowance price.) Item Allowance (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: AIA Document A132--2009 formerly A1011°CMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Archilects. All rights Inst. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:22:05 on 1 2131/2 01 4 under Order No.6527595385 1 which expires on 01/07/2015, and is not for resale. User Notes: (1667586671) § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty-fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the Twenty-fifth day of the following month. if an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period oftime.) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum amongthe various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions ofthe Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent ( 95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (Ifit is intended, prior to Substantial Completion ofthe entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) No reduction in retainage will be allowed prior to final completion without written approval of the Owner. (Paragraphs deleted) § 5.1.4.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion of the Work. AIA Document A1321e —2009 formerly A101T"CMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5 this Al a Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:22:05 on 12/31/2014 under Order No.6527595385_1 which expires on 01/0712015, and is not for resale. User Notes: (1667586671) § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of ATA Document A232-2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropriate box. Ifthe Owner and Contractor do not select a method ofbinding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 as modified. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 as modified. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofinterest agreed upon, ifarry.) 3/4 of l % per month § 8.3 The Owner's representative: AIA Document At 321" —2009 formerly Al 01 TMCMa-1992). Copyright ® 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init.reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6 this Al a Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:22:05 on 12/31/2014 under Order No.6527595365 1 which expires on 01/07/2015, and is not for resale. User Notes: (1667586671) (Name, address and other information) Keith Watts, Purchasing Manager City of Meridian Purchasing Department 33 East Broadway Avenue Meridian, Idaho 83642 § 8.4 The Contractor's representative: (Name, address and other information) Jared Bell Telephone Number: 208-884-0203 Mobile Number: 208-870-1779 Email Address: jab@buttefence.com § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. § 9.1.2 The General Conditions are, AIA Document A232-2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages Exhibit A Contract Document Schedule 12/22/2014 2 § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Title of Specifications exhibit: Contract Document Schedule, Exhibit A, dated December 22, 2014 (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Contract Document Schedule, Exhibit A, dated December 22, 2014 (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages One 12/15/2014 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA Document All 32T°-2009 `rformerly Al 01 T-CMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA m Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this AlAx Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:22:05 on 12/31/2014 under Order No.6527595385_1 which expires on 01/07/2015, and Is not for resale. User Notes: (1667586671) § 9.1.7 Additional documents, if any, forming part of the Contract Documents are: .1 AIA Document A132Tm-2009, Exhibit A, Determination of the Cost of the Work, if applicable. .2 AIA Document E201T" 2007, Digital Data Protocol Exhibit, if completed, or the following: N/A .3 ATA Document E202Tm 2008, Building Information Modeling Protocol Exhibit, if completed, or the following: N/A .4 Other documents, if any, listed below: (List here any additional documents which are intended to form part of the Contract Documents. AIA Document A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions Exhibit A, Contract Document Schedule dated 12/22/2014 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article I 1 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 "Insurance and Bonds". Contractor is required to provide 100% Payment and Performance Bonds. (State bonding requirements, ifany, and limits ofliabilityfor insurance required in Article II of AIA Document A232-2009) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) This AAreen s mer coed it as of the day and year first written above. OWNER ((,Sig/nlT —r COT CTOR (Signature) Tammy de Weerd , Mayor JrA/CJ, B1(t /"✓�S A�v (Printed name and title) (Printed name and tit/l) AIA Document A132T°-2009 formerly A101T'"CMa— 1992). Copyright ®1975,1980, 1992 and 2009 by The American Institute of Architects. All rights [nit. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of B this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:22:05 on 12/31/2014 under Order No.6527595385 1 which expires on 01/07/2015, and is not for resale. User Notes: (1667586671) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) City of Meridian Storey Park Development 430 E Watertower Street Meridian, Idaho 83642 KC PROJECT NO. 14-085 December 22, 2014_ PROJECT DOCUMENTS as issued by Insight Architects, P.A. and prepared by the following project team: Architect -Insight Architects, P.A. Structural Engineer -AHJ Engineers, PC Civil Engineer- Erickson Civil Landscape Architect - Jensen Belts Associates Mechanical Engineer- Musgrove Engineering, P.A. Electrical Engineer- Musgrove Engineering, P.A. Construction Manager - Krelzenbeck Constructors PROJECT MANUALS Instructions to Bidders, Complete - Dated November 21, 2014 Project Manual, Complete - Dated November 21, 2014 ADDENDUMS Addendum No. One - Dated December 15, 2014 DRAWINGS - Dated November 21, 2014 A.01 Cover Sheet Civil C1.0 Cover Sheet C1.1 Notes C1.2 Topographic Survey GD.0 Overall Grading Plan & Earthwork Req. GDA Grading & Drainage Plan -Area 1 GD.2.0 Grading & Drainage Plan -Area 2 GD.2.1 Grading & Drainage Plan -Area 2 (Alt #1) GD.2.2 Grading & Drainage Plan -Area 2 (Alt #2) GD.3.0 Section Views (Base Bid) GD.3.1 Section Views (Alt #1 &" Alt #2) GD.3.2 Internal Pathway Alignments GD.3.3 Internal Pathway Profiles -1 GD.3.4 Internal Pathway Profiles -2 GDA Roadway Profile & Details- 1 GD.5 Details -2 GD.6 Details -3 SDA Storm Drain Base Bid & Alt#1) SD.1.1 Storm Drain (Alt#2) SD.2 Storm Drain Details -1 SD.3 Storm Drain Details -2 GIRRA Gravity Irrigation (Alt #6) UT.1 Utility Plan SPA SWPPP-Cover Sheet SP.2 SWPPP Plan Sheet SP.3 SWPPP-Details Landscape L1.1 Site Plan -Area 1 L1.2 Site Plan -Area 2 L1.3 Site Plan -Area 2 L2.1 Landscape Plan -Area 1 L2.2 Landscape Plan -Area 2 L2.3 Landscape Plan -Area 2 L3.1 Irrigation Plan -Area 1 L3.2 Irrigation Plan - Area 2 L3.3 Irrigation Plan - Area 2 Architectural A1.1 Floor Plan, Roof Plan, Roof Framing Plan, Reflected Ceiling Plan, Foundation Plan A2.1 Building Sections, Details A2.2 Details A2.3 Details A3.1 Exterior Elevations, Interior Elevations A4.1 General Structural Notes / Schedules Mechanical MG0.0 Mechanical Cover Sheet MG0.1 Energy Code Compliance M1.0 Mechanical Plans M2.0 Mechanical Details M3.0 Mechanical Schedules Storey Park Development Page 1 of 2 December 22, 2014 Electrical EG0.0 Electrical Cover Sheet & Details EG1.0 Lighting Compliance Forms E1.1 Electrical Site Plan—Area 1 E1.2 Electrical Site Plan — Area 2 E2.0 Electrical Plans & Schedules Storey Park Development December 22, 2014 Page 2 of 2 CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 1/7/2015 REQUESTING DEPARTMENT PARKS Fund: 01, 07, 55 Department: Construction: X Project Name: Project Manager: MIKE BARTON Department Representative: n/a Contractor/Consultant/Design Engineer: Budget Available (Attach Report): 5200 GL Account: 93450 PSA: STOREY PARK DEVELOPMENT Project # Task Order: Wright Brothers / Insight Architects Yes Contract Amount: $126,126.00 Will the project cross fiscal years? Yes No x Budget Information: FY Budget: 14 & 15 Enhancement #: Grant #: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder x Highest Rated (Bid Resu Its Attached) (Ratings Attached) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: PW License# PWC -C-12026 Yes Current? (attach print out) Master Agreement (Category) Date Award Posted: By CM Yes Corporation Status Goodstanding Insurance Certificates Received (Date): December 24, 2014 Rating: A Payment and Performance Bonds Received (Date): December 22, 2014 Rating: A+ Builders Risk Ins. Req'd: Yes X No If yes, has policy been purchased? no (Only applicabale for projects above $1,000,000) Date submitted to Clerk for Agenda: January 7, 2015 Approved by Council Issue Purchase Order No. Date Issued: WH5 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) 101221 eTRAKiT Home I Setup an Account 1 Log In LOGIN 0 REMEMBER ME Forgot Password Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Page 1 of 1 Public Works Search S-) Search Again Download Results Printable View Wright Brothers, The Building Company, E I PWC -C-12026 00001, 00002, 00003 J I- 1, 2, 3 UNLIMITED I ACTIVE ( III � r First[PreV Page: t of 1 'Next ''1Lasll Details - License Number: PWC -C-12026 Registration#: PWC -C 12026 Issue: 8/5/2014 Expire: 7/31/2015 Type: PUBLIC WORKS Sub -Type: UNLIMITED Status: ACTIVE Company: Wright Brothers, The Building Company, E Phone: (208)938-6000 Cell: BLD1305-00030 Pager: Fax: (208)938-6069 Owner Name: Linked Activities: Sub Casuals): PWCLI002-0002 ADMINASSESSMENT RESCINDED PVVCLI002-0001 ADMINASSESSMENT RESCINDED PWCL09-0018 ADMINASSESSMENT WARNING Sub Permit(s); BLD1409-00004 BUILDING ACTIVE BLD1402-00021 BUILDING FINALED BLD1305-00030 BUILDING FINALED The Division of Building Safety, makes every effort to pmduce and publish Ne most cunenf ands ..I. information possible. No warranted, expressed or Implied, are provided for Ne data herein, its use, or its interpretation. Utilization of this website indicates undemanding and acceptance of this statement 1 -ego -955-3044,1090 E Walertoder Sl, Suite 150 Meridian ID 83842 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custonvldaho PublicWorksSearchRslts.aspx 1/7/2015 IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE 0 Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for WRIGHT BROTHERS THE BUILDING COMPANY ] [ Monitor WRIGHT BROTHERS, THE BUILDING COMPANY business filings ] WRIGHT BROTHERS, THE BUILDING COMPANY P. O. BOX 637 EAGLE, ID 83616 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 06 Mar 2014 State of Origin: IDAHO Date of 27 May 1986 Origination/Authorization: Current Registered Agent: ROBERT A WRIGHT 779 E STATE ST EAGLE, ID 83616 Organizational ID / Filing C81454 Number: Number of Authorized 1 Stock Shares: Date of Last Annual 25 Mar 2014 Report: Original Filing: Filed 27 May 1986 INCORPORATION Annual Reports: Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT [ Help Me Print/View TIFF ] View Image (PDF format) View Image (TIFF format] [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online Report for year 2006 ANNUAL REPORT View Document Online Report for year 2005 ANNUAL View Image (PDF format) View Image REPORT (TIFF format) Report for year 2004 ANNUAL View Image (PDF format) View Image REPORT (TIFF format) http://www.accessidaho.org/public/sos/corp/C81454.html 1/7/2015 TRANSMITTAL Date: January 6, 2015 To: Attn: Mr. Keith Watts, Purchasing Manager City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 RE. City of Meridian — Storey Park Development Project We are sending you: Copies Date Description 12/22/14 AIA Document A132-2009 Standard Form of Agreement Between Owner and Contractor Wright Brothers — Sioned Contract 12/24/14 ORIGINAL- Payment & Performance Bonds 12/24/14 Certificate of Insurance with Endorsements 12/23/14 W-9 Request for Taxpayer Identification Number & Certification Action: For your review, signature, and return. Keith, I have include (2) original copies of the contracts for the Storey Park Project. Please have both copies signed and return (1) fully executed copy of the contracts to our office to be distributed to the contractors. I have also included the other documents for your records. Thank you. CC: KC File Signed: Dena Nelson -Hendren 11724 WEST EXECUTIVE DRIVE ■ BOISE, ID 83713 ■ 208 336-9500 ■ FAX 208 336-7444 ICR No. RCE -764 T IA Document A132rN - 2009 Standard Form ofAgreement Between Owner and Contractor, Construction Manager as Adviser Edition Bid Package No. 4- Prime Bid Package AGREEMENT made as of the Twenty-second day of December in the year Two Thousand Fourteen (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 and the Contractor: (Name, legal stators, address and other information) Wright Brothers, The Building Company, Eagle LLC PO Box 877 Eagle, Idaho 83616 Telephone Number: 208-938-6000 Fax Number: 208-938-6069 for the following Project: (Name, location and detailed description) Storey Park Development 430 East Watertower Lane Meridian, Idaho 83642 The Construction Manager: (Name, legal status, address and other information) Kreizenbeck, LLC DBA Kreizenbeck Constructors, 11724 West Executive Drive Boise, Idaho 83713 Telephone Number: (208) 336-9500 Fax Number: (208) 336-7444 The Architect: (Name, legal staters, address and other information) Insight Architects, P.A. 2238 South Broadway Avenue Boise, Idaho 83706 Telephone Number: (208) 338-9080 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has Important legal consequences. Consultalion with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A232--2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; B132T —2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and C132r —2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A2321a-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A13210-2009 formerly A101 r"CMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:29:39 on 12/31/2019 under Order No.6527595385 1 which expires on 01/07/2015, and is not for resale. User Notes: (808666155) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract, together with the performance bond and payment bond, if any, represent the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Contract Requirements: Provide all labor, material and equipment to complete the restroom building and shade shelters per the listed specification Divisions/Sections in their entirety, as noted in the construction documents and per the following: Division I —General Requirements, Complete Division 9—Finishes, Complete Division 4 —Masonry, Complete Division 10—Specialties, Complete Division 6 — Wood, Plastic and Composites, Complete Division 22 —Plumbing, Complete Division 7— Thermal and Moisture Protection, Complete Division 23 —Heating, Ventilating & Air Condition ing Division 8 — Openings, Complete ** As applicable to this scope of work This contract specifically includes but is not limited to: • Provide lifting and hoisting of materials and equipment as required to complete work in this work package. • Remove and dispose of all refuse and debris generated by work in this work package to construction dumpsters provided by Construction Manager unless noted otherwise. • Provide and install all anchors and fasteners required to attach work within this work package. This includes miscellaneous materials, clips or tabs in addition to anchors and fasteners that might be required to complete attachment of the required work. • Drilling and epoxy as required to complete all work as noted above. • Furnish and install blocking and backing as required for all work in this work package. • Provide all temporary protection, masking and cleanup of adjacent surfaces while performing work in this work package. • Repair adjacent surfaces if damaged through work performed in this work package. AIA Document A132--2009 formerly A101TMCMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of Z this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:24:39 on 12/31/2014 under Order No.6527595385_1 which expires on 01/0712015, and Is not for resale. User Notes: (8 08 66 61 5 5) • Include excavation and backfill for own work. • Provide all labor, material and equipment to furnish and install all CMU as indicated by the construction documents. • Provide and install all masonry rebar and grouting as indicated by the construction documents. • Furnish and install all rough carpentry in accordance with the construction documents. • Furnish and install FRP panels as indicated by the construction documents. • Furnish and install all building insulation in accordance with the construction documents. • Furnish and install alljoint sealants as applicable to work in this work package. • Furnish and install penetrating / fire stopping sealants as applicable to work in this work package. • Furnish and install all hollow metal frames, wood doors and door hardware in accordance with the construction documents. • Final adjustment of doors as necessary to meet approval of Owner, Architect and Construction Manager. • Provide construction and permanent cylinders and keying in accordance with construction documents. • Prep all hollow metal door frames as required to receive electronic hardware. Coordinate with electrical. • Provide labor, material and equipment to complete all painting in accordance with the construction documents. • Provide and install anti-graffitti coating on all exterior masonry surfaces. • Furnish and install all shade shelters in accordance with the construction documents. Structures and concrete foundations shall be designed as part of this package. Foundations shall be placed by the site contractor. Anchor bolts shall be provided by this package and installed by site contractor. • Complete all building plumbing and extend 5' from building foundation • Complete all HVAC in accordance with construction documents. • Provide temporary power and lighting as required to complete this scope of work. • Provide weather protection and temporary heat as required to complete work scope. • Provide final cleaning of restroom building and shade shelters at substantial completion. This contract specifically excludes: • Site and building electrical • Site utilities • Excavation, backfill, concrete foundations, underslab vapor barriers, underslab rigid insulation and concrete slab on grade for restroom building and shade shelters. • Installation or finishing of pipe bollards in parking lot. • Parking lot signage. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differsfi-om the date of thisAgreement or, if applicable, state that the date will be fixed in a notice to proceed) The commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number ofcalendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Ifappropriate, insert requirements for earlier Substantial Completion ofcertain portions ofthe AIA Document At 32Te —2009 formariy A101T°CMa —1992). Copyright® 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of 3 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 09:24:39 on 1213112014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (808666155) The work shall be substantially complete by July 2, 2015. I (Table deleted) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus paymentsfor early completion ofthe Work) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or 114% of the Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the Contract Time. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be One Hundred Twenty-six Thousand One Hundred Twenty-six Dollars and Zero Cents ($ 126,126.00 ), subject to additions and deletions as provided in the Contract Documents. Base Bid $0.00 Alternate No. 1 NOT ACCEPTED Alternate No. 2 $0.00 Alternate No. 3 $86,707.00 Alternate No. 4 $39,419.00 Alternate No. 5 $0.00 Alternate No. 6 $0.00 Total Contract Amount $126,126.00 § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates sholving the amount for each and the date when that amount expires) Alternate No. 2 - Road Connection with Additional Parking: Refer to Sheets L1.3, GD.2.2, GD.3.1, and SD. 1.1. Alternate No. 3 - Restroom Building: Refer to Sheets Lt. 1, ALL A2.1, A2.2, A2.3, A3.1, A4.1, MG0.0, MOO. 1, MIA, M2.0, M3.0, EG0.0, E0.1, ELL E1.2, and E2.0. Alternate No. 4 - Large Shelters: Refer to Sheet LL 1 and Spec Section 107300 Shade Shelters. Alternate No. 5 - Synthetic Turf: Refer to Sheet Ll.l and Spec Section 321813 Synthetic Turf Surfacing. AIA Document Al 321- - 2009 formerly A101T"CMa-1992). Copyright ® 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:24:39 on 12/31/2014 under Order No.6527595365_I which expires on 01/0712015, and Is not for resale. User Notes: (80 8 66 61 5 5) Alternate No. 6— Irrigation Pipeline Replacement: Refer to Sheet GIRR.I. § 4.2.3 Unit prices, if any: (Identify and state the unit price, andstate the quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and stale exclusions, if any, from the allowance price.) Item Allowance (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty-fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the Twenty-fifth day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions ofthe Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions ofthe Contract Documents, the amount of each progress payment shall be computed as follows: AIA Document A1321°— 2009 formerly A1017mCMa-1992). Copyright®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:24:39 on 12/31/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (808666155) .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent ( 95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add, if final completion ofthe Work is thereafter materially delayed through no fault ofthe Contractor, any additional amounts payable in accordance with Section 9.10.3 ofthe General Conditions, as modified. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (Ifit is intended, prior to Substantial Completion ofthe entire Work to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisionsfor such reduction or limitation.) No reduction in retainage will be allowed prior to final completion without written approval of the Owner. (Paragraphs deleted) § 5.1.4.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion of the Work. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. AIA Document Al321-- 2009 formorly A101-CMa-1992). Copyright O 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA i Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:24:39 on 12/31/2014 under Order No.6527595385 1 which expires on 01/07/2015, and is not for resale. User Notes: (808666155) (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of ATA Document A232-2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropriate box. Ifthe Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of ATA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of ATA Document A232-2009 as modified. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 as modified. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place wherethe Project is located. (Insert rate of interest agreed upon, if any.) 3/4 of 1% per month § 8.3 The Owner's representative: (Name, address and other information) Keith Watts, Purchasing Manager City of Meridian Purchasing Department 33 East Broadway Avenue Meridian, Idaho 83642 § 8.4 The Contractor's representative: (Name, address and other information) Tom Andrews Telephone Number: 208-938-6000 Mobile Number: 208-353-4535 Email Address: tandrews@wbtbe.com § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: AIA Document Al3V-- 2009 Vormerly All 01 �OCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treatles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:24:39 on 12/31/2014 under Order No.6527595385 1 which expires on 0110712015, and is not for resale. User Notes: (808666155) ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed ATA Document A132-2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. § 9.1.2 The General Conditions are, AIA Document A232-2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract Document Title Date Pages Exhibit A Contract Document Schedule 12/22/2014 2 § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Title of Specifications exhibit: Contract Document Schedule, Exhibit A, dated December 22, 2014 (Table deleted) § 9.1.5 The Drawings: (Either list the Drmvings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Contract Document Schedule, Exhibit A, dated December 22, 2014 (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages One 12/15/2014 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents are: .1 ATA Document A132T 2009, Exhibit A, Determination of the Cost of the Work, if applicable. .2 AIA Document E201Tm 2007, Digital Data Protocol Exhibit, if completed, or the following: Iw`0 .3 AIA Document E202T"-2008, Building Information Modeling Protocol Exhibit, if completed, or the following: N/A .4 Other documents, if any, listed below: (List here any additional documents which are intended to form part of the Contract Documents. AIA Document A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) AIA Document A132- —2009 formerly A701 r"'ClVa —1992). Copyright m 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:24:39 on 12/31/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (808666155) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. ALA Document A232-2009 General Conditions Exhibit A, Contract Document Schedule dated 12/22/2014 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article l I "Insurance and Bonds". Contractor is required to provide 100% Payment and Performance Bonds. (State bonding requirements, if any, and limits of liabilityfor insurance required in Article 11 of AIA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Thisto as of the day and year first written above. 0 7WO, ro-�, r lt-e OWNER 'Signo/ CO TRACTOR (Signature) Tammy de Weerd , Mayor >% �� "Stir'✓ p �'ti J'P/` (Printed name and title) (Printed name and title) AIA Document At 32TM-2009 formerly Al 01-CMa— 1992). Copyright ®1975,1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 9 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 09:24:39 on 12/31/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale User Notes: (808666155) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) City of Meridian Storey Park Development 430 E Watertower Street Meridian, Idaho 83642 KC PROJECT NO. 14-085 __December 22, 2014 PROJECT DOCUMENTS as issued by Insight Architects, P.A. and prepared by the following project team: Architect — Insight Architects, P.A. Structural Engineer —AHJ Engineers, PC Civil Engineer — Erickson Civil Landscape Architect —Jensen Belts Associates Mechanical Engineer — Musgrove Engineering, P.A. Electrical Engineer — Musgrove Engineering, P.A. Construction Manager— Kreizenbeck Constructors PROJECT MANUALS Instructions to Bidders, Complete — Dated November 21, 2014 Project Manual, Complete — Dated November 21, 2014 ADDENDUMS Addendum No. One — Dated December 15, 2014 DRAWINGS — Dated November 21, 2014 A.01 Cover Sheet Civil C1.0 Cover Sheet C1.1 Notes C1.2 Topographic Survey GD.0 Overall Grading Plan & Earthwork Req. GDA Grading & Drainage Plan—Area 1 GD.2.0 Grading & Drainage Plan —Area 2 GD.2.1 Grading & Drainage Plan—Area 2 (Alt #1) GD.2.2 Grading & Drainage Plan —Area 2 (Alt #2) GD.3.0 Section Views (Base Bid) GD.3.1 Section Views (Alt #1 W Alt #2) GD.3.2 Internal Pathway Alignments GD.3.3 Internal Pathway Profiles —1 GD.3.4 Internal Pathway Profiles -2 GDA Roadway Profile & Details— 1 GD.5 Details -2 GDA Details -3 SDA Storm Drain Base Bid & Alt #1) SD.1.1 Storm Drain (Alt #2) SD.2 Storm Drain Details— 1 SD.3 Storm Drain Details -2 GIRRA Gravity Irrigation(Alt#6) UTA Utility Plan SPA SWPPP—Cover Sheet SP.2 SWPPP Plan Sheet SP.3 SWPPP—Details Landscape L1.1 Site Plan —Area 1 L1.2 Site Plan —Area 2 L1.3 Site Plan — Area 2 L2.1 Landscape Plan —Area 1 L2.2 Landscape Plan —Area 2 L2.3 Landscape Plan —Area 2 L3.1 Irrigation Plan —Area 1 L3.2 Irrigation Plan — Area 2 L3.3 Irrigation Plan —Area 2 Architectural A1.1 Floor Plan, Roof Plan, Roof Framing Plan, Reflected Ceiling Plan, Foundation Plan A2.1 Building Sections, Details A2.2 Details A2.3 Details A3.1 Exterior Elevations, Interior Elevations A4.1 General Structural Notes / Schedules Mechanical MG0.0 Mechanical Cover Sheet MG0.1 Energy Code Compliance M1.0 Mechanical Plans M2.0 Mechanical Details M3.0 Mechanical Schedules Storey Park Development Page 1 of 2 December 22, 2014 Electrical EG0.0 Electrical Cover Sheet & Details EG1.0 Lighting Compliance Forms E1.1 Electrical Site Plan—Area 1 E1.2 Electrical Site Plan—Area 2 E2.0 Electrical Plans & Schedules Storey Park Development December 22, 2014 Page 2 of 2 Bond No. SU1122127 Document A312 TIM -2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Nair¢, legal status and address) Wright Brothers, The Building Company, Eagle, LLC P O Box 877 Eagle ID 83616 OWNER: (Wane, legal stairs and address) City of Meridian 33 East Broadway Meridian ID 83642 CONSTRUCTION CONTRACT Date: December 22, 2014 Amount: $ 126,126.00 SURETY: (Name, legal status and principal place of husiners) Arch Insurance Company 300 Plaza Three Jersey City NJ 07311 Mailing Address for Notices This document has Important legal consequences. Consultation with an attorney Is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. One Hundred Twenty Six Thousand One Hundred Twenty Six Dollars and 00/100 Description: Name and location) Storey Park Development 430 East Watertower Lane, Meridian, ID 83642 Bid Package No. 4 - Prime Bid Package BOND Date: December 24, 2014 (Nor earlier than Consametion Contract Date) Amount: $126,126.00 One Hundred Twenty Six Thousand One Hundred Twenty Six Dollars and 00/100 Modifications to this Bond: x] None ❑ Sec Scclion 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Capor ate Seal) Company: (Caporale Seal) Wright Brothers',Ttis uddin mpany Eagle, LLC Arch Insurance Company Signature. Signature: Y Eli ab In Schneider Name Name Attorney -in -Fact and Title: and Title: (Any additional signatures appeor on the last page of this Pe)jonnance Bond.) (FOR INFORMATION ONLY —Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Moreton & Company (Architect, Engineer orodlerparty:) 12639 West Explorer Dr., Suite 200 Boise ID 83713 208-321-9300 5-1852/AS 8/10 Q § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 I the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 I there is no OwnerDefaultunder the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner docs not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be al lowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owners right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construed on Contract and notifies die Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surely from its obligations, except to the extent Ore Surety demonstrates actual prejudice. § 6 When the Owner bus satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 6.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surely equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to The Owner and, as soon as practicable after the amount is determined, make payment to the Owner, or .2 Deny liability In whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surely does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If die Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 5-1852/AS 8/10 § 7 I the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surely tothe Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of die Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § S If the Surety elects to act under Section 5.1, 5.3 or 5.4, rite Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that arc unrelated to the Construction Contrac4 and the Balance of the Contract Price shall not be reduced or setoff on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any conn of competent jurisdiction in the location in which the work or pan of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after We Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Ovincr or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so fitmished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to he received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf or the Contractor under the Construction Contract. § 14.2 Construction Contract.'l'he agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perfomr or otherwise to comply with a material tort of the Construction Contract. § 14.4 Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the tern Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 8-1852/AS 8/10 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the coverpage.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: _ Name and Title: Address 5-18521AS 8/10 Signature: Name and Title: Address (Corporate Seal) CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 1/7/2015 REQUESTING DEPARTMENT PARKS Fund: 01,07,55 Department: 5200 GL Account: 93450 Project# Construction: X PSA: Project Name: STOREY PARK DEVELOPMENT Task Order: Project Manager: MIKE BARTON Department Representative: n/a Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Ye Energy Enterprise / Insight Architects s Contract Amount: $31,205.00 Will the project cross fiscal years? Yes No X Budget Information: FY Budget: 14&15 Enhancement#: Grant#: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder x Highest Rated Master Agreement (Bid Results Attached) (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: PW License # 12295 Corporation Status Insurance Certificates Received (Date): Yes Date Award Posted: By CM Current? (attach print out) Yes Existing December 29, 2014 Rating: A+ Payment and Performance Bonds Received (Date): December 22, 2014 Rating: A Builders Risk Ins. Req'd: Yes X No If yes, has policy been purchased? no (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: January 7, 2015 Approved by Council Issue Purchase Order No. Date Issued: WH5 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) 10122) eTRAKiT Home I Setup an Account I Log In Conlrad0! Username Passwortl LOGIN El REMEMBER ME Forgot Password Permits Apply Search Pay Fees Licenses SearchTred- Licenses Search Public Mike Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Page 1 of 1 Public Works Search P Search Again Download Results Pdntable View Energy Enterprise Group, LLC 012295 13850, 16000 -I- 4- - A — - - ACTIVE Energy Enterpri ;Firsl� �Prev� Page: Iof1 Next Last Details - License Number: 012295 - - - - - - Registration #: 012295 Issue: 118/2014 Expire: 4/302015 Type: PUBLIC WORKS Sub -Type: A status: ACTIVE Company: Energy Enterprise Group, LLC Phone: (208)322-2334 Call: (208)869-6548 Pager: Fax: (208) 3214800 Owner Name: The revision of Building Safety, makes every, effort to produce and W Gisb the most current and accurate information possible. No mmin8es, expressed or implied, are provided for the data herein, its use, or its Interpretation. Utilization of this website indicates understanding and acceptance of this statement. 1-800-955-3099,1090 E Waledawer St, Suite 150 Meridian In 83842 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublicWorksSearehRslts.aspx 1/7/2015 IDSOS Viewing Business Entity Page 1 of I IDAHO SECRETARY OF STATE 0 Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for ENERGY ENTERPRISE GROUP LLC ] [ Monitor ENERGY ENTERPRISE GROUP LLC business filings ] ENERGY ENTERPRISE GROUP LLC 150 S ADKINS WAY STE 140 MERIDIAN, ID 83642 Type of Business: LIMITED LIABILITY COMPANY Status: EXISTING, ANREPT SENT 05 Nov 2014 State of Origin: IDAHO Date of 07 Jan 2011 Origination/Authorization: Current Registered Agent: CHAD MCKIBBEN 6057 W CORPORAL LANE BOISE, ID 83704 File Number: W99429 Date of Last Annual Report: 04 Dec 2013 Original Filing: [ Help Me Print/View TIFF ] Filed 07 Jan 2011 CERTIFICATE OF View Image (PDF format) ORGANIZATION View Image (TIFF format) Amendments: [ Help Me Print/View TIFF ] Amendment Filed 12 Sep 2013 OTHER View Image (PDF format) View Image (TIFF format) Annual Reports: [ Help Me Print/View TIFF ] Report for year 2014 ANNUAL REPORT View Document Online Report for year 2014 CHANGE View Image (PDF format) View ADDRESS Image (TIFF format) Report for year 2013 ANNUAL REPORT View Document Online Report for year 2013 CHNG View Image (PDF format) View Image RA/RO (TIFF format) Report for year 2012 ANNUAL REPORT View Document Online Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfoOsos.idaho.ciov http://www.accessidaho.org/public/sos/corp/W99429.html 1/7/2015 TRANSMITTAL Date: January 6, 2015 To: Attn: Mr. Keith Watts, Purchasing Manager City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 RE: City of Meridian — Storey Park Development Project We are sending you: Copies Date Description 12/22/14 AIA Document A132-2009 Standard Form of Agreement Between Owner and Contractor Energy Enterprise Group — Signed Contract 12/23/14 ORIGINAL- Payment & Performance Bonds 12/29/14 Certificate of Insurance with Endorsements 12/30/14 W-9 Request for Taxpayer Identification Number & Certification Action: For your review, signature, and return. Keith, I have include (2) original copies of the contracts for the Storey Park Project. Please have both copies signed and return (1) fully executed copy of the contracts to our office to be distributed to the contractors. I have also included the other documents for your records. Thank you. CC: KC File Signed: Dena Nelson -Hendren 11724 WEST EXECUTIVE DRIVE ■ BOISE, ID 83713 ■ 208 336-9500 ■ FAX 208 336-7444 ICR No. RCE -764 Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. Ordinance No. 15 AP3(0 : An Ordinance (AZ 14-012 Hill's Century Farm Subdivision) For Annexation And Rezone Of A Parcel Of Land Being The West 1/2 Of Section 33 And The West'/2 Of The Northwest '/< Of The Southeast '/< Of Section 33, Township 3 North, Range 1 East, Meridian; Establishing And Determining The Land Use Zoning Classification Of Said Lands From RUT To R-8 (Medium Density Residential District) In The Meridian City Code; And Providing An Effective Date MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-003134 BOISE IDAHO Pgs=6 BONNIE 01/14/2015 11:06 AM MERIDIAN CITY NO FEE 11111111111111 11111111111111111111111111111111111 VIII III 00066969201600031340060064 CITY OF MERIDIAN ORDINANCE NO. 1 r7' /(i3(0 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 14-012 HILL'S CENTURY FARM SUBDIVISION) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND BEING THE WEST '/: OF SECTION 33 AND THE WEST % OF THE NORTHWEST % OF THE SOUTHEAST %4 OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Brighton Investment, LLC and B & L Idaho 2, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-8 (Medium Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That.the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — HILL'S CENTURY FARM SUBDIVISION (AZ 14-012) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this L� day of ,201¢( APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Atday of , 2045 MAY MMY de WEERD it Z,;n AUC[/Sl w JAYCEE MHOLMAN, CITY CL" - S -AL ! aT fEH F � ANNEXATION — HILL'S CENTURY FARM SUBDIVISION (AZ 14-012) Page 2 of 3 STATE OF IDAHO, ) ) ss: County of Ada ) QQS- 2&34 On this � day of 0 Rn k) a n,1 ,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. (SEAL) : 5w 0 4 VA **,OF IDP. • RESIDING AT:1L1 MY COMMISSION ANNEXATION — BILL'S CENTURY FARM SUBDIVISION (AZ 14-012) Page 3 of 3 June 18„2014 Pro)eet No.;. 14-031 EXHIBIT A 9233WESI STATE STREET I BOISE,1083714 1 208639.6939 1 FAX208.639.6930. LEGAL DESCRIPTION FOR PARCEL ANNEXATION. AND REZONE A parcel of land being the West 1/2 of Section 33 and the West 1/2 of the Northwest 1/4 Of the Southeast 1/4 of Section 33, Township 3 North, Range 1 East, Wse Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the Northwest corner of said Section 33, which bears N89'15'22'W a distance of 2,660,61 feel from a found brass cap marking the North 1/4 cornerof said Section 33; Thence following the westerly boundary of the Northwest 1/4 of the Northwest 1/4, SOT13'13"W a distance of 1,338.75 feet to a found 3/4 -Inch iebaf marking the Northwest miller of the South half of the Northwest 1/4 and being the POINT OF BEGINNING, Thence following IIM northerfy tine of said South 1/2 of the Northwest 1/4 of said Sedan 33, 58927'52"E a distance of 2658.25 feel to a found 5/8 inch rebar marking the Northeast corner of saki South 1/2 of the Northwest 1/4 of said Section 33; Thence leaving said northerly line and following the easterly line of said South 1/2 of the Northwest 1/4, SOD'19'09"W a distance of 1,329.06 feet to a 5/8 Inch rebar marking the Center of said Section 33; Thence leaving said easterly lone and following the northerly line of the Southeast 1/4 of said Section 33, 589'40'23"E a distance of 663.92 feet to a found 5/8 -Inch rebar marking the Northeast corner of the West 1/2 of the Northwest 1/4 of the Southeast 1/4 and being the Northwest corner of Rockhampton Subdivision No. 10, records of Ada County, Idaho in Book 87 at Pages 10,003.10,004; Thence leaving said northerly line and following the easterly line of said West 1/2 of the Northwest 1/4 of the Southeast 1/4 of saki Section 33, 500'20'31"W a distance of 10326.64 feet to a point on the westerly Ilse of Rockhampton Subdivision No. 15, records of Ada County, Idaho In Book 92 at Pages 10,94910,950, and being the Southeast corner of said West 1/2 of the Northwest 1/4 of Southeast 1/4 of said Section 33; The leaving said easterly line and said westerlyline, and following the southerly fineof said West 1/2 of the Northwest 1/4 of the Southeast 1/4, N89'53'16'W a distance of 663,39 feet to a found 5/8dnch rebar marking the Northeast corner of the South 1/2 of the Southwest 1/4; Thence leaving said southerly line and following the easterly line of said South 1/2 of the Southwest 1/4, 50019'09°W a distance of 1,329.12 feet to a found aluminum cap. marking the South 1/4 of said Section 33; Thence leaving said easterly line and following the southerly line of the southwest 1/4 of Section 33, 589'56'25' W a distance of 981.92, feet to a point on the approximate centedine of Ten Mile Creek; Thence leaving said southerly line and following Bald approximate centerline the following three 131 courses; NI1'54'53' W a distance of 389,70 feet to a point; N44'59'23"W adistance of 744,00 feet to a point; N08'44'23"W a distance of 431.53 feet to a point on the southerly fine of the North 1/2 of the Southwest 1/4 of said Section 33; Thence leaving said approximate centerline and following said southerly line, N89'51'59'W a distance of 992.43 feet to a found 5/8 -Inch rebar marking the Southwest corner of said North 1/2 of the Southwest 1/4 of said Sedan 33; ENGINEERS.`I SURVEYORS I PLANNERS ww,,y,knlengllp,com Hill's Century Farm — AZ 14-012 EXHIBIT A Thence kwving said appro+arttate centedne and followkg said southedyline, N89'S1'S9"W a distance of 992.43 feel to a found 5/8 -Inch rebar marling the Southwest corner of said North 1/2 of the Southwest 1/4 of said Section 33; Thence leaving said southerly line and following the westtrfy line of saki North U2 of the Southwest 1/4, N00'1337"E a distance of 1,338.07 feet to a found 3/4 -inch robar marking the West 1/4 comer of said Section 33; Thence leaving said westerly line and following the westerly line of said South 1/2 of the Northwest 1/4, NOO'13'13"E a distance of 1,338.75 feet to the POINT DE BEGINNING. Said parcel contains 223.733 acres, more or less, and Is subject to all existing easements and/or right-of-way of record or implied. Hill's Century Farm — AZ 14-012 I*:4:IIall 18 _ _ _ S_89'15'22"E _26_60.61' —POINTOFGOMMENGEMENT NW COR SEG 33 UNPLATTED sOO'13'13"W NORTH 114 COB 1338.75' 569'27'52"Ei7 r SECTION 33 2658.25' POINT OF BEGINNING TOTAL REZONE AC: 223.735* $00'19'09"W UNPLATTED NOO'13'13"E 1329,06' 1336,75' I m 0 m II APN: S1133233610. 1 CURRENT ZONING: RUT '� II PROPOSED ZONING{ R8 REZONE AC 162.6462 0 _ _ I$ 74O 23' LEGEND I 663s2 ® ALUMINUM CAP 3/4 -INCH REBAR SOO.19,09'W -ILN N007' "E ® 1329.10' 500'20'31 1 d 133838.07 ® 5/8 -INCH REPAIR1 1326,64'4'--\I o 0 CALCULATED POINT I AIN $1111121111 1 I- —REZONE BOUNDARY CURRENT ZONING( RUT —SECTION LINE I PROPOSED ZONING: R8 I I_REZONE AC 2023± 25' - - — ADJACENT BOUNDARY I i RIGHT-OF-WAY LINE N89'51'59'W _ � .. N89'51'59"W 1661.35' 992,43' NOB'44'23"W11589'53'96"E� APN 51133336000 II 431.53' CURRENT ZONING: RUT I 663.39' UNPLATTED PROPOSED ZONING: R8 REZONE AC: 40:859± SOO'19'09"W 1329.12'— UNPLATTEO I 1,144'59'23"W_,�N I I 744.00' U) N11'S 59.70' S89'5 81.92' r_n 369.70' 981:92'. I I 9233 ISE, D a 83714 E. Lake Hazel Road eoRc.lo81639 69S 'inOV08)B6i9.69" EXHIBIT REZONE&ANNEXATION BRIGHTON INVESTMENTS, LLC. SHEET: S 1/2 NW 1/4, N 1/2 SW 1/4, W 1/2 NW 1/4 SE 1/4, PART OF 5 1/2 SW 1/4 I 1 OF 1 SECTION 30, T. 3 N., R. 1 E., B.M., ADA COUNTY, ID Hill's Century Farm — AZ 14-012 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 15j(o3(4 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land being the West '/2 of Section 33 and the West %2 of the Northwest 1/4 of the Southeast'/4 of Section 33, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 223.733 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the /' day of Ad4201,15 City or Mayor and City Council " `L1L1AP By: Jaycee L. Holman, City Cle ' oaxo Fy SEAL First Reading: /'/3 -/Si �'^^raeesuaE Adopted after first reading by suspension of the §50-902: YES ✓ NO Second Reading: — Third Reading: Rule as allowed pursuant to Idaho Code STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 1l /&3(p 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. 1 /(p Wo of the City of Meridian, Idaho, and has found the same to be true and comp ete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). . 5 DATED this �'/ day of 14 w 201X. 0a William. L.M. Nary City Attorney ORDINANCE SUMMARY—HILL'S CENTURY FARM SUBDIVISION (AZ 14-012) Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY I SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 13, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS