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2015-05-05C�WEN.L CITY COUNCIL REGULAR HO MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, May 05, 2015 at 6:00 PM 1. Roll -Call Attendance X David Zaremba X Joe Borton O Charlie Rountree (arrived after roll call) X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Pastor Moore 4. Adoption of the Agenda Adopted 5. Proclamation A. Proclamation for Bosnian Heritage Day B. Proclamation for Better Hearing Month 6. Consent Agenda Approved A. Agreement for Connection to Public Sewer System with Chris Stewart, 1238 W. Washington St. Meridian, ID B. Agreement for Connection to Public Sewer System, Brandon Rieger, 1315 W. Carlton St. Meridian, ID C. Agreement for Connection to Public Sewer System: Jean Shepp - 1407 W. Carlton St. Vacated D. Final Order: FP 15-011 Avendale Subdivision by Silver Oaks Apartments, LLC Located 3800 W. Perugia Street Request: Final Plat Approval Consisting of Four (4) Building Lots on 24. 61 Acres of Land in an R-15 Zoning District Meridian City Council Meeting Agenda — Tuesday, May 05, 2015 Page 1 of4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Final Order: FP 15-010 Accommodations Subdivision by Providence Management, LLC Located South Side of E. Falcon Drive and East of S. F. Eagle Road Request: Final Plat Approval Consisting of Fourteen (14) Single Family Residential Lots and Three (3) Common Lots on Approximately 4.71 Acres in the R-4 Zoning District G. License Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian Regarding a Multi -Use Pathway Along the Ridenbaugh Canal to be Constructed as Part of the Development Project by C4 Land LLC H. FP 15-014 Granton Square Subdivision Located on the East Side of N. Locust Grove Road, South of East Ustick Road, Request for Final Plat Approval Consisting of 27 Single Family Residential Lots and 6 Common Lots on Approximately 4.70 Acres of Land in the R-8 Zoning District by Granton Square Properties LLC 7. Community Items/Presentations A. Annual Assessor Update by Robert McQuade 8. Items Moved From Consent Agenda 9. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update 10. Action Items A. CDBG PY2015 Action Plan: Potential Projects Vacated B. Public Hearing To Consider The Conveyance To The Ada County Highway District Of Approximately 2,446 Square Feet Of Real Property Located At The SW Corner Of North Meridian Road And West Railroad Street In The City Of Meridian, Ada County, Idaho Continued to 5/19/2015 C. FP 15-013 Silverwater Subdivision No. 2 by Trilogy Development Located at the South Side of E. Victory Road on the East Side of S. Standing Timber Way, in the NW 1/4 of Section 30, Township 3N., Range 1 E., Request for Final Plat Consisting of 2 Common Lots on 4.67 Acres of Land in the R-8 Zoning District Continued to 5/26/2015 Meridian City Council Meeting Agenda —Tuesday, May 05, 2015 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. FP 15-012 Silverwater Subdivision No. 3 by Trilogy Development Located at the South Side of E. Victory Road Midway Between S. Meridian Rd and S. Locust Grove Rd. in the NE 1/4 of Section 30, Township 3N., Range 1E., Request for Final Plat Consisting of 42 Common Lots, 6 Common lots, and 1 Other Lot on 17.22 Acres of Land in the R-8 Zoning District Continued to 5/26/2015 E. Public Hearing: AP 15-001 Request for City Council Approval of a Reduction in the Buffer Width Required in the C -G Zoning District to Residential Uses as Allowed by UDC 11-313-9C2 for Sonic Drive -In at Paramount Approved 11. Continued Department Reports A. Continued from April 28, 2015: Citywide Strategic Plan Discussion B. Resolution No. 15-1064: Adopting Citywide Strategic Plan Approved C. Parks and Recreation Department: Storey Park Development Dog Park Update and Change Order Discussion D. Public Works: Budget Amendment for FY2015 in the Amount of $405,000.00 for the Construction of a Water Treatment Facility at Well 19 and Well 30 Test Well Approved E. Award of Bid and Approval of Agreement to Contractors Northwest, Inc. for the "WELL 19 TREATMENT FACILITY — CONSTRUCTION" project for the Not -To -Exceed amount of $650,680.00 Approved F. Award of Bid and Approval of Agreement to Post Drilling, Inc. for the "WELL 30 TEST WELL CONSTRUCTION" project for the Not -To -Exceed amount of $249,450.00 Approved 12. Ordinances A. Ordinance No. 15-1643: Ordinance Updating Provisions Of Licensing, Permitting, False Alarm, And Parking Codes Approved 13. Future Meeting Topics None 14. Executive Session Per Idaho State Code 67-2345 (1)(d): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code Amended onto the agenda (f) (to consider and advise its legal representatives in pending litigation); Into Executive Session at 7:31 p.m. Out of Executive Session at 8:06 p.m. Adjourned at 8:06 p.m. Meridian City Council Meeting Agenda — Tuesday, May 05, 2015 Page 3 of 4 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 Agenda — Tuesday, May 05, 2015 Page 4 of 4 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 May 5, 2015 A meeting of the Meridian City Council was called to order at 6:15 p.m., Tuesday, May 5, 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 Chatterton, Kyle Radek, Tom Barry, Jeff Lavey, Perry Palmer, Mike Barton, and Dean Willis. Item 1: Roll-call Attendance: Roll call. 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: Thank you for your patience. Sorry we are starting a little bit late. We appreciate all of you being here with us tonight. For the record it is Tuesday, May 5th. It's 6:15. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. 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: Community Invocation by Pastor Moore De Weerd: Item No. 3 is -- we don't have anyone here -- or, I'm sorry, I don't have my glasses on, Reverend Moore. Pastor Moore from Ten Mile Christian is here to lead us in the community invocation. We ask that you join us or take this as an opportunity for a moment of reflection. Pastor Moore, thank you for being here. Moore: Very honored. Thank you. Heavenly Father, your word stresses that -- that we are all gifted and tonight, God, we recognize the gifts of this Council, our Mayor, these city servants. God, I pray that you will just work that all together for the good of our community. I ask you for your blessing on their personal lives. Pray for us as citizens to realize the pressures that they -- they bear and that they weigh consequences and sometimes have to make decisions that aren't popular, but they are convinced are right. So, God, give them wisdom. You said to ask for wisdom. We are asking for you to pour out your wisdom on them, because, indeed, lives and personal ways, businesses, just the health of our community is at stake and these weighty decisions they will make tonight Meridian City Council May 5, 2015 Page 2 of 28 and every Council meeting. God, we are reminded when we look in our world and we see the tension and the violence in other places, that we are pretty -- we are pretty blessed right here in Meridian and we are giving you credit for that, God, that your ways and influence have infiltrated the lives of the many people here and we -- we, God, are committed to you. We pray for the simple truth your word teaches to love our neighbor as ourselves, that we continue to govern this community. Again, God, for tonight I pray this will be an efficient and effective meeting and that you will guide it all, in Jesus' name, amen. Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we adopt the agenda with the following changes and additions: Item 6-C staff has requested that that item be vacated. And Item 10-A, 10-B -- that Item 10-A staff has requested that to be vacated. Item 10-B, that has been requested to continue to May 19th. 10-C has been requested to continue to May 26th. 10-D has been requested to continue to May 26th. Item 11-B, the resolution number is 15-1064. And Item 12-A is Ordinance No. is 15-1643. De Weerd: Is there a second? Bird: Second. De Weerd: I have a motion and a second to adopt the agenda as -- as read. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, would you mind on Item 14 to also add a subparagraph F. Rountree: And the maker of the motion accepts that recommendation and includes that in my motion. Bird: Second agrees. De Weerd: Okay. I have a motion and second to adopt the agenda as changed. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council May 5, 2015 Page 3 of 28 Rountree: Sorry to throw you something a little different tonight. Item 5: Proclamation A. Proclamation for Bosnian Heritage Day De Weerd: I have two proclamations to read and what I'd like to do is invite the folks up that I am reading the proclamation on behalf of or for and so I have been really nervous about saying Herzegovina. So, there you go. If you will all come up and join me. I do want to have you standing here as I read the proclamation. If you will just stand right here. Thank you so much for joining us. Whereas since the early 1990s immigrants from Bosnia and Herzegovina have settled into the Treasure Valley and Meridian city, building the city's economy and adding diversity to our community and whereas Bosnian immigrants continue to grow businesses in various sectors that strengthen the economy and create and uphold jobs in Meridian and across Idaho and whereas Bosnian immigrants have brought diversity and cultural influences to the City of Meridian, the state of Idaho, and the United States as a whole and whereas Bosnian immigrants have integrated into our society and have become a great part of our communities, our workforce, and leadership, and whereas the contributions they have made and continue to make for the betterment of our community should be recognized on their special day, therefore, I, Mayor Tammy de Weerd of the City of Meridian, do hereby proclaim Saturday, May 9th, 2015, as Bosnian Heritage Day in the City of Meridian and I call upon all of our people to join me in celebrating the accomplishments and the heritage of our fellow Bosnian community members. I did sign this on the 5th day of May and I wish you great success on your celebration and I do want to thank you on behalf of City Council and myself. I know you are a growing population in our community and we appreciate what you do to bring a cultural diversity to our community. So, thank you for joining us tonight. Kajdic: Hi. My name is Besima Kajdic and I am president of nonprofit organization called Bosnian Herzegovina Cultural Center of Idaho, Mladi Behar. That's how we know as Mladi Behar. I want to thank you -- all of you and you, Madam Mayor, Tammy, from the bottom of my heart. This means a lot to all of us and we are never going to forget this day and I think we are going to seek your help next year, too. In the future. Thank you one more time. I have some goodies. It's some Bosnian store. It's chocolate cookies. It's really popular in Bosnia. That I am going to give to all of you tonight in your office and there is also one picture that is made by one of the Bosnian guys and this is the uniform -- dancing uniform -- folk dancing that we are going to present that day on the heritage day that you may have this in your office. De Weerd: Wow. That is beautiful. Kajdic: And thank you one more time from the bottom of my heart. It means really a lot to me. Meridian City Council May 5, 2015 Page 4 of 28 B. Proclamation for Better Hearing Month De Weerd: Thank you. Okay. Ed, would you like to come forward. I also have a proclamation -- and it is okay. If you would like to leave you do not have to sit through our entire meeting. Okay. Just wanted you to know. I would love to say it's very interesting, but not always. We think it is. And thank you for being here. Okay. My second proclamation is on behalf of Better Hearing Month and so our proclamation reads: Whereas hearing loss is the third most common health problem in the United States and more than half of the people with hearing loss are under the age of 65 and whereas the hearing healthcare professionals in the City of Meridian observe and celebrate Better Hearing Month each year during the month of May and whereas the City of Meridian recognizes and values the efforts of all who work to eliminate or minimize the isolating effects of communication disorders that affect one in five families and whereas through the services of hearing care -- hearing care professionals -- whoa -- our citizens who have overcome communication disabilities are now able to lead independent, productive and fulfilling lives and whereas the City of Meridian is proud and honored to have hearing care professionals offering quality education and healthcare services to our community and to our citizens. Therefore, I, Tammy de Weerd, of the City of Meridian do hereby proclaim Better Hearing Month in May in the City of Meridian and encourage all citizens to recognize the achievements of hearing care professionals in improving the quality of live for people with communication disorders and I can tell you that having a dad who has had hearing aids for a long time, I do know how isolating hearing loss really is when you're in a room full of people and everyone is talking at one time, it does isolate that family member or that member in the room from being a participant and so addressing this is critical in our community and in our families to be more inclusive and I don't know -- I'm a -- I saw a video on the internet of people who have had no hearing, once they have had the implant, and just what we take for granted is such a gift. You see the expression when they hear a loved one -- it's pretty emotional. So, Ed, we appreciate you being here tonight to accept this and, then, I will ask you to say a few words. Renna: As stated, hearing loss is the third most common health problem in the United States. Forty-eight million Americans suffer from some type of hearing loss. One in four people in this room suffer from some type of hearing loss. Over age 65 one in three. A more serious statistic that just came out a couple weeks ago is one in five teenagers are suffering from hearing loss these days. How does it impact the workforce? To the tune of about 122 billion dollars a year, whether it's employers or employees. Lack promotions. Lack of understanding. Lack of communication. Depending on the degree of hearing loss it could be a thousand to 12,000 dollars a month that's impacting the household income. So, I do appreciate very much, Mayor Tammy, you taking the time to make this proclamation and the City Council. Appreciate it very much. Item 6: Consent Agenda A. Agreement for Connection to Public Sewer System with Chris Stewart, 1238 W. Washington St. Meridian, ID Meridian City Council May 5, 2015 Page 5 of 28 B. Agreement for Connection to Public Sewer System, Brandon Rieger, 1315 W. Carlton St. Meridian, ID D. Final Order: FP 15-011 Avendale Subdivision by Silver Oaks Apartments, LLC Located 3800 W. Perugia Street Request: Final Plat Approval Consisting of Four (4) Building Lots on 24. 61 Acres of Land in an R-15 Zoning District E. Final Order: FP 15-010 Accommodations Subdivision by Providence Management, LLC Located South Side of E. Falcon Drive and East of S. F. Eagle Road Request: Final Plat Approval Consisting of Fourteen (14) Single Family Residential Lots and Three (3) Common Lots on Approximately 4.71 Acres in the R-4 Zoning District G. License Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian Regarding a Multi-Use Pathway Along the Ridenbaugh Canal to be Constructed as Part of the Development Project by C4 Land LLC H. FP 15-014 Granton Square Subdivision Located on the East Side of N. Locust Grove Road, South of East Ustick Road, Request for Final Plat Approval Consisting of 27 Single Family Residential Lots and 6 Common Lots on Approximately 4.70 Acres of Land in the R-8 Zoning District by Granton Square Properties LLC De Weerd: So, my husband is from the Netherlands and they love chocolate, too. So, chocolate appeals to I think every single person sitting up here. So, thank you for being here with us. Okay. Council, Item No. 6 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda with the vacation of Item 6-C. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda with the removal of Item 6-C. 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. Meridian City Council May 5, 2015 Page 6 of 28 MOTION CARRIED: ALL AYES. Item 7: Community Items/Presentations A. Annual Assessor Update by Robert McQuade De Weerd: Okay. Under Community Presentations we have our assessor here, Mr. McQuade. If you would, please, join us. We always enjoy having you here -- for the most part. Some better. McQuade: It's not often do people say they are happy to have me here. But I am happy to be here. I enjoy the visit, but I don't like to drive over. It took me 40 minutes to get from downtown just to Eagle -- Eagle Road exit on 184 and I lived in Washington DC for several years and I thought the Beltway was bad, that stretch is so horrible. De Weerd: We think that more people that are -- that never get out of Boise should have to drive more often. McQuade: You can invite me back next month. De Weerd: Absolutely. Now you will see what our residents deal with every single day. McQuade: It's just amazing. My employees live over here -- several of my employees live over here and I asked them if they go through that and they said yeah and it doesn't seem to bother them. Well, Madam Mayor, Members of the Council, I'm back with the information about the -- what went on in the property tax arena for last year and we are going to be sending out assessment notices the 22nd of May. That's just in about two weeks. Last year is the first time we sent e-assessment notices. We had about 1,600 people that took advantage of those e-assessment notices. Two questions I'm just constantly asked about on the information I'm going to be giving to you. Number one, how close do the numbers I'm telling you -- and you can use these for budget purposes -- how close what I tell you tonight is that going to be the actual numbers at the end of the year and another question is how close are our assessed values. Well, we aren't finished with our goal yet. We are still working on it. We are putting the final trends on, modifiers, the supervisors are reviewing the appraisers' work and we will be processing and we have got personal property. So, we are not finished yet. But I will tell you, the numbers I gave you last year were just three percent short of the final number. So, I think three percent is a fairly reasonable number at this point in time. And also how close are assessed values. I had someone call me the other day that I thought really was very well informed and we were talking about something and he said now if you had my house assessed for 200,000 dollars I could expect to sell it for 240, 250 thousand and I said, no, if it was January 1st -- if you sold it for 200,000 I would expect our assessed valued to be close to 200,000. But as we move away from the January date, that's the lien date, of course, in your rising or decreasing market values are going to change. So, in December that might be true that our 200,000 dollar assessment the property sold at 240,000. But on January 1st I feel Meridian City Council May 5, 2015 Page 7 of 28 confident that our values are very close to the -- the hundred percent what they are supposed to be and -- De Weerd: Bob, you're starting to sound like a weatherman. McQuade: Oh. I thought you meant one of the Weatherman in the '60s, like the radical group. De Weerd: No. On percentage. Right. Although I think you're beating them. McQuade: One point I'm going to mention. Last -- in 2013 our assessed -- the ratio of our assessed values -- our assessed value was at 93 percent. Statistically we want to be between 90 and 110. We have been going down for three years and gone from 99 to 98 to 97 down to 93 percent and so I -- the supervisor has committed to get to at least a 95 percent ratio. This year -- for 2013 we are at 96 percent. So, we are really feeling comfortable about that. There is a down side to that and that is if we fall out of that range of 90 to 110, the state can come in and order reappraisal and they actually take money away, specifically from the county sales tax money. So, it's really embarrassing. So, all of that adds to a total market value of Meridian is 8.9 billion. It's up about 15 percent over last year's 7.7. That's not taxable value, that's market value. And, by the way, Ada County is about 43 billion. So, you're just about 20 percent of the total value in Ada County is over here in the Meridian. So, the total market value -- it really is of importance to, of course, as a taxable value to arrive at the taxable value from the total market value, we take out the homeowners exemption, we have got about 1.9 billion of homeowners exemptions here in the City of Meridian. By the way, homeowners exemption this year is just at about 90,000 dollars. It’s up from last year's 84,000 dollars and that is indexed to the federal housing index. There was a move last year to try to fix the homeowners exemption at a fixed amount and I think they are talking about 90,000 dollars and I don't think that's a good idea, because as the market is increasing, if it's fixed the value comes to erode that that's one reason that the legislature in 1996 went back -- 2006 they went back and they changed it where it would be tied to the Idaho housing price index. The highest the homeowners exemption was in 2009 at 104,500 and we are at 86 percent of that. So, we take out the homeowners exemptions, we take out the outstanding exemptions, there is a ton of those out in Meridian at 233 million dollars in exemptions that were there last year that don't show up now and the reason there is that lag in statute says that the application for exemptions has to be submitted to the commissioners by April 15th and they don't have to get those to me, the assessor, until May 15th. The commissioners process all the exemptions. That's not a function that the assessor does. So, that's why we don't know what those are yet and we won't really know until the 15th of May. But 233 million dollars outstanding exemptions and, then, operating property, that's utility property assessed by the state is 62 million dollars. I think the important number to you at this point in time is the potential taxable value that is 6.8 billion dollars. That's a 12 percent increase over last year's 6.1 billion dollars. The single family residential parcels, about 34,000, a 15 percent increase over last year. Market value single family residential is 6.3 billion. That's up about 11 and a half percent from last year's 5.6 billion. An important number probably to people in the audience and certainly to your constituents -- Meridian City Council May 5, 2015 Page 8 of 28 what has happened to single family residential values. Last year 5.8 percent is the median increase for existing -- do you remember it was a 14 percent increase and last year at this time the 2014 year to date MLS we were looking at about 15 or 16 percent increase and I was really concerned that we might be seeing another bubble. Well, in June the market just totally flattened out, so at the end of the year there was just about a five and a half percent increase in single family residential value. Median value is 190,000 and that is between the 2006 and 2007 value, so we have not gone back to where we were at the crash in 2008 at 211,000. Commercial property is 2,260 parcels, about 2.3 billion dollars. It's an increase of 24 percent over last year. That's a pretty good increase on your -- in commercial. That was -- let me just back up. I have lost my -- so -- right. 2.3 billion increase of 24 percent. Personal property -- I want to just focus on that for a minute, because if you remember in 2013 the legislature exempted the first 100,000 and any property -- personal property that was acquired for less than 3,000 dollars was also exempt and would never be reported and now we kind of get to see what's happened since then, because this is our second year of that. Personal property is 223 million. It's a 16 percent increase over last year's 192 million and the year prior to this exemption going into effect you had 191 million dollars. So, your person property value is increasing in spite of the exemptions. But the property exemption, we all knew this going into it, is that it would create a shift from commercial or residential and when I wrap things up we will come back to that point. New construction. That's important to you, because that's what you can increase your budget by. The new construction values and last year's levy. This was a pretty hot topic that emerged in the legislative session that the cities and counties and others that had new construction, that will be give 50 percent of that value to the schools -- well, that didn't materialize. This year in the legislature, but not everyone is convinced that we have seen the end of that. Again, I don't know if that's going to happen. It certainly is out there. Whether it comes back or not who knows. New construction taxable value. And this is the number you would take your last year's levy, is 314 million dollars, but that's off of last -- 20 percent over last year's 385 million dollars and it's not surprising, because last year you had all of that -- the Village at Meridian coming online and that was a big -- that was about 72 million dollars was added in in the new construction roll. Residential is -- taxable value is 119 million. That's off seven percent from last year's 128 million. Commercial value is 107 million and it's about 42 percent off last year's 183. To me a telling number is change of status. That's if there is a big piece or lot that's been split up, subdivided, that value changes to subdivision lots. If you had residential is changed to commercial, that's going to have an increased value, new change of status is 88 million dollars. That's up about 15 percent and just to kind of bring things to a close here, I have mentioned the tax burden, in 2014 the residential tax burden -- 65 percent and that was up three percent from the prior year 62 percent. The three percent -- this tax burden is -- is -- it doesn't change a lot. It's very very slow. So, to see a three percent increase, that's a pretty big increase from residential going from the 62 to 65 percent growth and commercial down from 38 to 35 percent. Just in summary, I would say 2014 it was really a stable year in the property tax arena. Values -- residential property values stable at five percent. I think that's just really a nice, comfortable growth rate. Legislation -- we didn't see any new legislation this year on personal property or real property. We haven't seen any new standards. I think we have just really reached a point of equilibrium in the property tax arena, not only here, you know, in Meridian, but in Ada Meridian City Council May 5, 2015 Page 9 of 28 County and other parts of the state. Madam Mayor, that's what I have got to say for 2015. I would be happy to answer any questions anyone might have. De Weerd: Thank you. Council, any questions? Bird: I have none. Very good report. De Weerd: Okay. We appreciate you being here and I think I tell you this each year that our staff enjoys working with your staff. Your office is very customer focused and we appreciate that relationship. McQuade: Well, it's always a pleasure and I think I have told you in private conversation, I'm going to be president of the association of counties starting this fall and I really wanted to emphasize building the relationships between the counties and the cities. We all serve the same people and they just all would benefit by a more cooperative relationship. De Weerd: Well, we appreciate you acknowledging we serve the same people. McQuade: Thank you. De Weerd: Thank you. McQuade: All right. Good night and I will enjoy my 15 minute trip home. Item 8: Items Moved From Consent Agenda De Weerd: It's easier going that direction, Bob. Okay. There were no items moved from the Consent Agenda. Item 9: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update De Weerd: So, we will move right into Department Reports and I'm going to turn this over to Mackenzie. I think this is her second to the last report she will give us and you're winding down things in school, aren't you? Lawrence: Yes. De Weerd: Halleluiah, uh? Lawrence: I know. We graduate in like 25 days. De Weerd: But who's counting. Meridian City Council May 5, 2015 Page 10 of 28 Lawrence: Not me. Madam Mayor, Members of the Council, my name is Mackenzie Lawrence and I'm the vice-chair for MYAC and today I'm going to be presenting on what we did in April. So, last time I was here I passed out some bells and some kindness messages to you guys, so we are going to try to do a debrief on how Do The Right went and I think this is one of our most successful events of the year. We had about 3,500 stickers that we were able to distribute throughout the Treasure Valley and a huge thanks to our partners Dutch Bros, State Farm, Albertson's, Mountain View High School, and all kinds of local businesses, even some members of our own city staff, they were pitching in and posting and using the hash tag so we could track what everyone was doing and we saw participation as far as Colorado and Texas. Our message got as far as those states and it was really awesome and I know at my school I saw a lot of participation and there was students from MYAC that kind of enacted their own -- their own message at Rocky Mountain and the Mayor read a proclamation at Mountain View and I heard that their student body was just amazing and so involved in our message. So, we are really looking forward to next year, so mark it on your calendars, April 8th, and we have had amazing success and I'm really excited with how it went, because I saw how members of our own council kind of conceived this idea and really went forward with the message and what it meant to them and it was really amazing to see all of the community participation with Ben's Bells and with the Do The Right stuff. So, here is our success video to kind of highlight some of the really cool things that we saw and things that we have done. (Video played.) Lawrence: So, one thing that we always talk about at our meetings is the Meridian Way and I think this like absolutely embodies the spirit of our community and everyone kind of lifting each other up and spreading the kindness. I think that's so important. Something that Meridian does so well. So, the next thing -- the TAC event for this month was ice skating. So, on April 24th about 25 kids went to Idaho Ice World and participated in ice skating and that's always -- I mean ice skating is fun, but it's also a community activity that gets kids out of the house and with other teens in a safe environment and we all get to know each other. So, it's a really fun opportunity to kind of get out of the house, get away from homework and hang out with other teens. So, for our last two general meetings, the 13th and the 27th, we have been experimenting with the participatory budgeting. Joe Borton has actually come to our meetings and -- at least the first one and helped us kind of get a jump start on that and talked about what it's about and, personally, I think it's such an amazing opportunity for our council to learn how budgeting works and how that aspect of the government goes. So, we have integrated it into the government affairs subcommittee and we have elected chair people to oversee it and to lead the meetings and to kind of guide students. Mikaela George and Molly Hunsinger will be the ones that will lead our Council as far as getting ideas and we had a bit of a brainstorming session where everyone is sitting there with ideas and there was so many, so interesting ideas for our community about a science center or having more opportunities to create art and share art with the community and resources for high school students about getting scholarships and about budgeting and using their money wisely and I thought everyone's ideas were just so incredible and putting something together to come up with what actually ends up being done with that money will be so incredible and an amazing Meridian City Council May 5, 2015 Page 11 of 28 opportunity for MYAC. So, I have really enjoyed starting it and I know a lot of my other peers have also enjoyed working with that and we are really excited next year to move forward with it. So, for our April 20th executive leadership training we had Steve Siddoway come to the executive council meeting and what he kind of worked with us on was -- one was leadership and who are you leadership role models and one thing that I -- all of MYAC, but specifically exec focuses on is how to be a leader and how to help inspire your council and how to motivate them and set goals and one thing that is really helpful with that is looking at someone that has goals -- like leadership qualities that you wish that you had or that you are working towards achieving and we all talk about teamwork and how you use those characteristics to build your team and to work together, so it's really interesting hearing what he does for his team and how he rallies everyone and we got to really think about what type of leaders we are trying to be, especially those of us who are going onto college and hopefully be involved in other leadership areas how we want to move forward with that. For the last general meeting, which was last Monday, we had the general nominations and for the ten divisions we had about 34 nominees, which was a really amazing number, and it's so exciting to see how many people continually express interest in being part of the exec council, because I think it's one of the greatest things I have ever done. It's so fun and it's so interesting to see how the behind the scenes works, how you put together an agenda and how you run a meeting and how you do those kind of things, because that's something that I had never had the opportunity to be involved in and we are holding elections on the 11th of May and all of these -- the new people in those positions will hopefully be able to attend AIC. And just a little brag point, myself and another member made it onto the flyer for this month. We are in the middle. That was also a neat experience and that is a way that we kick started our year last year and we got to build partnerships with other councils and other youth organizations and that was so fun, because we got to have kind of some -- some partnership with kids that are doing -- trying to do the same thing that we are and we actually worked with them and they invited us to their events and we invited them to ours and it was -- it's really cool seeing -- I think Middleton, Nampa, and Caldwell were the ones that were there that we really got to work with and they mixed us all up and we got to share our different ideas and what works for us and what hasn't worked for us and their ideas and they have helped us really with the Ball at the Hall, kind of getting that organized, because they have a dance that's similar to that and we got to hear their advice and it's a really cool way to bond all the exec members before they start doing their meetings and stuff and to kind of get the ideas flowing for what the next year looks like. So, that's always something really fun to look forward to. And, finally, Ball at the Hall will be on -- that says April. I meant to say May 16th from 7:00 to 11:00 p.m. and the tickets are ten dollars a person and you can buy those at meridiancity.org and this year the proceeds that are coming to our Treasure Valley Youth Safety Summit for next year, so to be able to use Wahooz and buy shirts for all the kids that are able to come to that where we can talk about the importance of safe driving and not texting and wearing your seatbelt and doing those fun demonstrations to really get the message across and work with a lot of the students that have leadership roles or that are prominent leaders at their schools that we wouldn’t normally get to talk to, like all the student councils from the local high schools come, so we get to see what they are doing and what their ideas are and kind of work with everyone and, then, they can share the message with their own students and having heard you guys, all the comments Meridian City Council May 5, 2015 Page 12 of 28 that you work so hard, come have a fun night. There will be photo booths, silent auction, all kinds of really fun stuff and we are going to dance right here in City Hall. So, I'm open for questions. De Weerd: Thank you, Mackenzie. Council, any questions? Bird: I have none. Milam: Great report. Bird: Great. Item 10: Action Items A. CDBG PY2015 Action Plan: Potential Projects De Weerd: Thank you so much for being here. Okay. Under Item 10-A, we had a request to vacate this item, and so I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we vacate CDBG fiscal year 2015 action plan potential projects. Cavener: Second. De Weerd: I have a motion and a second to vacate this item, 10-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing To Consider The Conveyance To The Ada County Highway District Of Approximately 2,446 Square Feet Of Real Property Located At The SW Corner Of North Meridian Road And West Railroad Street In The City Of Meridian, Ada County, Idaho C. FP 15-013 Silverwater Subdivision No. 2 by Trilogy Development Located at the South Side of E. Victory Road on the East Side of S. Standing Timber Way, in the NW 1/4 of Section 30, Township 3N., Range 1 E., Request for Final Plat Consisting of 2 Common Lots on 4.67 Acres of Land in the R-8 Zoning District D. FP 15-012 Silverwater Subdivision No. 3 by Trilogy Development Located at the South Side of E. Victory Road Midway Between S. Meridian Rd and S. Locust Grove Rd. in the NE 1/4 of Section 30, Meridian City Council May 5, 2015 Page 13 of 28 Township 3N., Range 1E., Request for Final Plat Consisting of 42 Common Lots, 6 Common lots, and 1 Other Lot on 17.22 Acres of Land in the R-8 Zoning District De Weerd: Item 10-B, C and D have been requested to continue to May 26. I will open the public hearing on Item 10-B, which is -- being the other two are final plats, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue the public hearing on the Ada County Highway District conveyance to May 19th, 2015. Rountree: Second. De Weerd: I have a motion and a second to continue Item 10-B to May 19th, 2015. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 10-C and D. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue FP 15-013 to May 26th, 2015, and also FP 15-012 to 5/26/2015. Rountree: And also second that. De Weerd: I have a motion and a second to continue Items 10-C and D to May 26th. All those in favor say aye. MOTION CARRIED: ALL AYES. E. Public Hearing: AP 15-001 Request for City Council Approval of a Reduction in the Buffer Width Required in the C-G Zoning District to Residential Uses as Allowed by UDC 11-3B-9C2 for Sonic Drive-In at Paramount De Weerd: Item 10-E is a public hearing on AP 15-001. I will open this public hearing with staff comments. Chatterton: Madam Mayor, Council Members, there is only one issue before you tonight for this application and that's a request by the applicant to reduce the landscape buffer for Meridian City Council May 5, 2015 Page 14 of 28 a drive-thru. So, this is not properly an appeal, but it's a Council review item for an issue which, under the code, can't be resolved by -- by Planning and Zoning. Planning and Zoning Commission approved a conditional use permit on April 2nd, 2015, for a drive-thru establishment for the Sonic Drive-in in a C-G zoning district within 300 feet of a residential use. A condition of approval requires a 25 foot wide landscape buffer to be constructed along the east boundary of the site adjacent to the residential uses, apartments, to the east. Trying to bring up another slide. There we go. There we are. You're not getting the picture I want you to see. I'm not sure why. Applicant requests City Council approval of a reduced buffer width of ten feet, with a ten foot tall split face block on top of a two foot landscaped berm as shown on the landscape plan, which I will try to bring up for you here in a second. In their motion the Commission recommended approval of the reduced buffer width as proposed. Because there is separation of 80 feet from the east property line of the site to the nearest residential structure, including a 35 foot driveway and a 45 foot wide landscape common area on the residential property, in addition to the buffer proposed by the applicant, staff has no objection to the applicant's request. I believe the applicant has some additional information tonight. Oh, here we go. So -- yes. Now we are seeing the actual physical separation between the closest apartment building and the edge of the drive-thru. Thank you, Tom. So, just -- the existing conditions are somewhat different than I think anticipated by the code situations like this, so staff does concur with the request to reduce the buffer. De Weerd: Thank you. Council, any questions? Mr. Zaremba. Zaremba: Madam Mayor, if I may. Can you indicate with a cursor or something -- if it will show on this -- where the speakers actually are and what direction they face? Chatterton: Well, gosh, Madam Mayor, Council Member Zaremba, perhaps the applicant could help us with that. I don't know where the speakers are. Zaremba: Okay. Thank you. De Weerd: Mr. Rountree. Rountree: What's -- on the east side is that to be the alignment of a point of access? A road? I can't really tell from the drawing. Chatterton: There is an internal 35 foot driveway internal to Paramount here at that location. You can see the center line here. De Weerd: Okay. Any other questions from Council at this point? Bird: I have none. De Weerd: Okay. Is the applicant here? Thank you for joining us. If you will, please, state your name and address for the record. Meridian City Council May 5, 2015 Page 15 of 28 Huber: Madam Mayor, Members of the Council, my name is Jeff Huber. My address is 8385 West Emerald, Boise. The conditional use application was approved by the Planning and Zoning Commission and there was one condition that required a 25 foot landscape buffer adjacent to residential uses. The apartments came into the C-G zone and were approved under a conditional use permit also to be in the commercial zone. They have a 45 foot setback from the -- from the drive aisle that is landscaped. We -- we have met the code requirements for the landscaping along Linder Road and we also have 37 feet of cumulative landscaping between the building and the drive aisle and speakers are located where you see the two cars here on the driver's side. We have put a -- we worked with the owners of the apartment complex -- Cavener: You can use your -- the stylist so we can see where you're pointing to. Huber: Oh. Sure. Cavener: Sorry, we can't see with your pen. Huber: Okay. Do I touch the screen with it? Okay. Last time I did that it went away. De Weerd: There is no guarantees. Huber: Okay. The speakers are located in this location here. Nary: Jeff, you got to push a color on the top. Zaremba: At the top select a color. Bird: Up at the top there. Huber: Oh. Okay. How is that? Is that better? Bird: Yes. Huber: Okay. The speakers are located right in this location here. We worked with the owners of the apartment complex and we -- it -- we agreed to place a two foot berm in this location, with an eight foot split face block wall 40 feet long. There is ten feet of landscaping in this area at a minimum and nine feet in the next run and, then, there is 18 feet of landscaping behind the building. So, together there is 37 feet. I think we meet or actually exceed the intent of the code and we request your approval to waive that condition. Questions? De Weerd: Okay. Council, do you have any questions? Bird: I have none. Rountree: Madam Mayor? Meridian City Council May 5, 2015 Page 16 of 28 De Weerd: Mr. Rountree. Rountree: On the eastern most landscaping, how far down does that wall go to the south and my concern is the distance that's -- Huber: Well, our concern also was the vision triangle for people going into the drive aisle and coming out of the project -- of the Sonic and so the -- it's 40 some odd feet long, but it does not go the entire distance for that particular reason, Councilman Rountree. So, the vision triangle is not impaired there. Rountree: Okay. Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Question for Mr. Nary. Is there anything -- what's procedurally different here versus a variance as far as any finding or basis that we might need to cite for relief? Nary: Madam Mayor, Members of the Council, Council Member Borton, what our UDC says is this particular provision can only be waived by the City Council. It's not considered a variance, it's just requirement of the code. So, you do just need to -- you only need to make a finding that the -- that they presented adequate reason that you're comfortable with, but you don't have to make a hardship finding or something like that. Borton: Okay. Rountree: Madam Mayor -- De Weerd: Uh-huh. Rountree: -- I have a follow up for Bill. On the fence height, is it consistent with the ordinance or is that a variance or is it a waiver? Nary: Madam Mayor, Members of the Council, Council Member Rountree, I believe the discussion at Planning and Zoning -- because I was there for that -- that it does meet the fence requirements even with the berm, so it's not -- it was adequate fencing to meet the -- the requirements, so that wasn't -- a variance wasn't necessary. Rountree: Okay. De Weerd: Okay. Anything further from Council at this point? Bird: I have none. Meridian City Council May 5, 2015 Page 17 of 28 De Weerd: Okay. Thank you. Huber: Thank you. De Weerd: Just to point out, Council, you do have a letter in your packet from a nearby resident as well for public testimony. Is there anyone who would like to provide testimony on this item? Rountree: Seeing none, Madam Mayor, I move that we close the public hearing on Item 10-E. Bird: Second. De Weerd: Okay. I have a motion and a second. So, there is no further questions for staff or applicant? Okay. All those in favor say aye. Any opposed? Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I did receive an e-mail -- an objection to this and I was under the assumption it would go into -- like it normally does, go into the packet and I don't see that it did make it into the documents, so -- De Weerd: It's not from Carl Miller? Bird: No. I got a negative one. De Weerd: Yeah. I got one to Jacy Jones as well and it's not in here. And that was one that you all received. Rountree: Yeah. We all received it. De Weerd: Okay. Bird: Yeah. Brownly. De Weerd: Okay. So, for the record the Council did see a letter regarding that and will use that in consideration as well. Rountree: Madam Mayor, if there is no further discussion, I move that we approve the waiver request for Item 10-E, AP 15-001. Meridian City Council May 5, 2015 Page 18 of 28 Bird: Second. De Weerd: I have a motion and a second to approve Item 10-E. Any discussion from Council? 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 11: Continued Department Reports A. Continued from April 28, 2015: Citywide Strategic Plan Discussion De Weerd: Item 11-A is continued and we have Mr. Barry here. Council, in front of you we have put out our citywide strategic plan and we opened it to receive any additional comments. Had a brief discussion last week and I know that Councilman Rountree and Councilman Borton were not here, so we wanted to continue it in case there were any additional comments. So, we will open that up for discussion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I have gone through it in the initial drafts and the most recent changes are very minor, so I didn't have any questions. De Weerd: Mr. Rountree? Rountree: I had no -- no questions and reviewing the minor comments I had it's just a matter of your word versus mine. So, I'm comfortable with the way it looks and ready to move on to the next item, unless Tom has got more to give. B. Resolution No. 15-1064: Adopting Citywide Strategic Plan De Weerd: No, I'm sure he doesn't. I guess, then, the next step would be to bring it back in resolution form. Milam: We -- Bird: We have the resolution. Nary: The next item. Meridian City Council May 5, 2015 Page 19 of 28 De Weerd: And look at that. Rountree: That's the next item. Bird: Yeah. Milam: Abracadabra. Bird: Ask and you shall receive. De Weerd: I just will -- I will just remind you that this is kind of that first step and, then, our departments start aligning their -- their department tactical plans to the strategic plan and to those who will be brought back, along with performance measures and -- and so it -- this is kind of the beginning now of that next step. Okay. Thank you, Tom. Barry: Thank you. De Weerd: 11-B is Resolution 15-1064. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Resolution 15-1064, adopting a citywide strategic plan. Rountree: Second. Milam: Second. De Weerd: I have a motion and a second to approve Item 11-B. 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. De Weerd: Thank you, Tom, for being here tonight. Rountree: Madam Mayor, I would give a thumbs up to Tom. Given the opportunity to say more, he sat down. De Weerd: I don't think I gave him an opportunity. Bird: He was there. He could have. Meridian City Council May 5, 2015 Page 20 of 28 De Weerd: I think, Tom, led this very nicely, in addition to several others. So, our thanks to Robert and Tom and Mark and Bruce. C. Parks and Recreation Department: Storey Park Development Dog Park Update and Change Order Discussion De Weerd: Okay. Item 11-C under our Parks and Recreation Department to get an update on the dog park. Woo. And a change order discussion. Barton: Yes. Thank you, Madam Mayor. De Weerd: But it's in a good way. Barton: It's for you to decide. I believe I have some slides, if we can pull those up. You said you had them cued up somewhere or -- Bird: Madam Mayor, before you get started can I ask -- De Weerd: Mr. Bird. Bird: -- Mike, that roadway, is that going to -- De Weerd: Will you -- Bird: That roadway going through, is that -- is that going to be paved and ready by Dairy Days? Barton: No. Bird: It isn't. It's going to be blocked off? Barton: Until the end of July. Bird: Okay. Barton: But that's why I was going to give you an update. So, thank you, Madam Mayor, Members of Council, I wanted to come and talk to you and give you an update on the dog park progress and where we are regards to scheduling and I have some progress photos to show you and we can talk -- talk about our budget for a minute and update you on that, what our current contracts are and commitments and work change directives and then -- and, then, we do have a discussion on a couple of change orders that were part of the original project that was bid last summer, but were removed from the project to -- to get it to -- to bid it the second time and to get it under budget, which we accomplished, so -- with that said, just as a -- just to refresh your memory on kind of the overall site layout, Watertower, of course, is at the -- is at the bottom down here and the driveway entrance Meridian City Council May 5, 2015 Page 21 of 28 that takes you into the rest of Storey Park, there is two picnic shelters, a restroom building, artificial grass, fencing, a rock area, interior sidewalks and a large grass area. The park is divided into separate spaces for large dogs and small dogs. As you see the -- the part that -- the area that's circled that's not part of the contract, that is one of the areas that was originally designed to -- as a traffic calming method or measure and, then, also to connect the existing restroom to create a connection of that restroom to park. Right now the driveway kind of comes across and through this area and cuts it off. So, we will update you on that in a minute. So, some of the current construction progress photos -- you can see the parking lot's finished. It's not striped yet. We have curb, gutter, and sidewalk in. The restroom building is well underway. Two picnic shelters are up. Fencing is currently being installed. Interior sidewalks are prep'd and will be poured next week. We are looking at laying sod in three weeks -- two to three weeks, so just to give you an idea of, you know, how fast things are going. There is trees being planted. Right now we are tentatively looking at an end of June opening. Could be a little sooner. We -- we need to -- we need to give it a little bit of establishment time, so there could be a situation where we fence off the grass area from the rock and shelters and we can have just a department level discussion on what we think is appropriate for opening to the public. It's going to look finished. People are going to want to use it, so we want to provide that to them just as soon as we can. So, with all that progress -- as you remember we have a project budget of 1.5 million dollars -- almost 1.6. Our current contract and commitments are one point -- a little over 1.2. There has been some work change directives to date to keep construction moving forward. There is -- we originally had vinyl plaid fencing in the design. We cut that -- cut that back just to galvanized chain link. We added that back in. We increased the footing size on the safety netting behind the softball field and also the picnic shelters to meet current code. There was some unforeseen site work. We discovered that there was telephone poles and a bunch of stuff buried out there that had to be excavated and filled and so Keith -- anyway. Taken care of. So, right now the project is just over 1.2 million out of the 1.57 budget. So, there are two items that -- that we would like to have a discussion about. Two change orders that we want to see if you would like us to bring those back to you for formal approval and the first one is the existing parking lot remodel. Right now the driveway takes you through here and it's pretty much just a straight thoroughfare. So, two things with that. We could accomplish traffic calming with speed bumps, but we feel that the connection of the restroom building to the park isn't and that people -- especially now would -- where this is a through driveway, would have to cross that drive aisle to use the restroom. So, what we would like to -- what we are proposing is bring the traffic through the opposite side down through here and make the turn out and this would be a grass area that connects to the park. The cost of that change order -- we have pricing now. These aren't estimates. We have firm pricing. The site work -- the curbing, landscaping, is 102,466. And I can -- I can finish or pause now for questions on -- on each one. There is another change order that is regarding an irrigation pump upgrade. De Weerd: Why don't you do both of them and, then, discussion afterwards. Barton: Perfect. So, the next change order for your consideration would be an irrigation pump upgrade, 44,000 dollars let's say, we would be dropping another pump into the -- Meridian City Council May 5, 2015 Page 22 of 28 into the wet well that's in the pump -- existing pump house, adding increased and line size. What this will allow us to do right now -- in the middle of July and August it takes us from 11:00 o'clock at night until 3:00 or 4:00 in the afternoon to complete -- completely irrigate the park. So, we have this water window that now with the construction of the dog park has increased by a couple of hours. It's okay in the spring. It's okay in the early summer and late fall, obviously, but during the summer when the park is extremely busy we have baseball going on late at night, we have softball games until late at night with the lights. There is just so many uses in the park that we are having a hard time with that water window and we want to keep -- we really would like to keep our irrigation to midnight to 9:00 a.m. and this irrigation pump upgrade will accomplish that. So, the cost of that is 44,000. And that was in the original -- the bids that we got last summer and we saw that as part of the project all along. It is one of those things that was just value engineering out. So, with that -- with our project budget -- what we have committed to date and if both change orders are approved we would have a project cost of 1.4 million dollars out of almost 1.6. So, we are still -- if both those are approved we are still -- we will be on time and under budget. And with that I will stand for questions. De Weerd: Thank you, Mike. Council, any questions? Bird: Madam Mayor? De Weerd: Okay. Mr. Bird. Bird: My -- I would suggest to Mike to bring those two change orders forward and let's get them going. De Weerd: Okay. Any other opinion on that? Okay. Thank you for your presentation and appreciate the -- the ahead of time and under budget. Barton: And we enjoy that as well. Thank you. Bird: Thank you, Mike. D. Public Works: Budget Amendment for FY2015 in the Amount of $405,000.00 for the Construction of a Water Treatment Facility at Well 19 and Well 30 Test Well De Weerd: Okay. Item 11-D is under our Public Works Department. Radek: Madam Mayor, Council Members. This is a funding reallocation request. The net change in the budget is zero dollars. 405,000 dollars is being requested to be reallocated to complete the construction of Well 19 water treatment facility and the Well 30 test well. Both projects are scheduled for construction during this fiscal year and both projects have been bid out and have had bids that were higher than anticipated requiring additional funds to award the construction contracts. Funding is available in consulting in sewer main replacements where construction projects have bid out lower than anticipated, so Meridian City Council May 5, 2015 Page 23 of 28 270,000 is needed to complete the construction of W ell 19 treatment facility and 135,000 is needed to complete the construction of Well 30 test well and with that I will stand for questions. De Weerd: Thank you. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kyle, have any reason or any thoughts of why the bids come in so much higher than what you had budgeted and who has set your budget? Radek: Our -- well, we set the -- I'm sorry. Council Member Bird, we set the budget and one of the -- one of the things I like to remind Council every time I come up and ask for more money is that we set the budget a year and a half before we bid it out, so design hasn't been completed on a project, so it's -- it's largely a best guess. In this case the engineer's estimate was actually lower than the lowest bid as well, even after a complete design and engineer's estimate from JUB, the engineer's estimate was still 120,000 dollars less than the lowest bid and I think it's mostly because we are just behind the curve on what's going on in the contracting market. We had four bidders, which I thought was pretty good. Pretty tight bids. So, they weren't just throwing big numbers out there, but -- but I think the engineer's estimates tend to be behind. A few years we were getting -- well, even this year in pipe projects we had been -- we have had engineer's estimates that have been high, which is why there is money available in the sewer line replacements, so -- I don't know if that completely answers your question, but there is a lot of -- there is a lot of uncertainty out there and -- Bird: That answered my question. No problem at all. De Weerd: So, the engineer estimates were high on those, which could relate to savings to transfer to this? Radek: Well, Madam Mayor, I like I said, it's a zero dollar budget amendment, so -- De Weerd: Exactly. Radek: -- Clint Dolsby had some projects that bid out low. I had some projects that bid out high -- it works out pretty well. So, we can spend that money we asked for originally. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: My only concern, Kyle, is that we get down to the deal and we don't have any extra money or some of the bids don't come in low and we don't have the money and we can't Meridian City Council May 5, 2015 Page 24 of 28 finish it, that -- I would think that our professionals that are doing designing and stuff could get a lot closer. But this has been a very -- the last three or four years has been very tough to estimate construction. Radek: I think so. Councilman Bird, in addition, some of these projects do change in scope a bit from the time you budget and start design to the time you end design. Bird: You're right. Radek: And we see a little bit of that in here, too. Well 19 will be a complete demolition of the existing building and a rebuild and we didn't anticipate that originally, so -- Bird: I understand. Thank you, Kyle. De Weerd: Any other questions from Council? Okay. Mr. Zaremba. Zaremba: Madam Mayor. I move we approve the budget amendment for fiscal year 2015 in the amount of 405,000 dollars for the construction of a water treatment facility at Well 19 and construction of Well 30 test well. Rountree: Second. De Weerd: I have a motion and a second to approve Item 11-D. Madam Clerk, will you call roll. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Award of Bid and Approval of Agreement to Contractors Northwest, Inc. for the “WELL 19 TREATMENT FACILITY – CONSTRUCTION” project for the Not-To-Exceed amount of $650,680.00 Approved F. Award of Bid and Approval of Agreement to Post Drilling, Inc. for the “WELL 30 TEST WELL CONSTRUCTION” project for the Not- To-Exceed amount of $249,450.00 De Weerd: 11-E is award of the bid that you just passed the budget amendment for. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve the award of the bid and agreement to Contractors Northwest for the Well 19 treatment facility construction project for the not to exceed Meridian City Council May 5, 2015 Page 25 of 28 amount of 650,000 dollars -- 600 -- 650 thousand eight -- oh, boy. I'm looking right at it and can't read it. Rountree: Put your hearing aid in. Zaremba: Not to exceed -- say what? De Weerd: Oh, he heard that. Zaremba: For the not exceed amount of 650,680 dollars. Borton: Second. De Weerd: I have a motion and a second to approve Item 11-E. Any discussion from Council? Bird: I have none. De Weerd: 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. De Weerd: Item 11-F. Zaremba: Do you trust me to try this again? De Weerd: Absolutely. Zaremba: We are go. Madam Mayor, I move that we approve the award of the bid and agreement to Post Drilling, Inc., for the Well 32 test well construction project for the not to exceed amount of 249,450 dollars. Borton: Second. De Weerd: I have a motion and a second to approve Item 11-F. 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. Meridian City Council May 5, 2015 Page 26 of 28 Item 12: Ordinances A. Ordinance No. 15-1643: Ordinance Updating Provisions Of Licensing, Permitting, False Alarm, And Parking Codes De Weerd: Item 12-A is Ordinance 15-1643. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1643 an ordinance of the City of Meridian in Ada County, Idaho, repealing Title 3, Chapter 6, of the Meridian City Code regarding massage therapists. Repealing Title 5, Chapter 2 of the Meridian City Code regarding open burning. Amending Meridian City Code Section 5-4- 5C regarding site inspections for permits for retail sales of nonaerial common fireworks. Amending Meridian City Code Section 5-4-5D regarding application deadlines for permits for retail sales of nonaerial common fireworks. Repealing Meridian City Code Section 5-4- 5F regarding winter fireworks sales. Amending Meridian City Code Section 5-4-10B-9 regarding site plans for public fireworks displays. Amending Meridian City Code -- good Lord. Amending City Code Sections 5-4-10D and E regarding deadlines for public fireworks displays. Amending Meridian City Code Section 6-3-8 regarding false alarms. Amending Meridian City Code Section 3-5-2D adding a requirement that new applicants for pawn broker licensing submit fingerprints for a national background check and exempting renewing applicants. Amending Meridian City Code Section 3-5-2I to clarify that each pawn shop location requires a separate license. Amending Meridian City Code Section 3-5-9B-4 to avoid conflict with other applicable laws. Amending Meridian City Code Section 7-2-5C regarding exceptions to parking requirements and adopting a savings clause and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Okay. Seeing none. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 15-1643 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 12-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. Meridian City Council May 5, 2015 Page 27 of 28 Item 13: Future Meeting Topics De Weerd: Council, any items for future agendas? Bird: I have none. Item 14: Executive Session Per Idaho State Code 67-2345 (1)(d): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code Amended onto the agenda (f) (to consider and advise its legal representatives in pending litigation); De Weerd: I will move to Item 14, then, and entertain a motion to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(d) and (1)(f). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. 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. EXECUTIVE SESSION: (7:31 p.m. to 8:06 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion -- Meridian City Council May 5, 2015 Page 28 of 28 Rountree: Move to adjourn. Bird: Second. De Weerd: All those in favor. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:06 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) _______________________________ ______/______/______ MAYOR TAMMY de WEERD DATE APPROVED ATTEST: _____________________________________ JAYCEE HOLMAN, CITY CLERK Meridian City Council Meeting DATE: May 5 2015 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: PROCLAMATION Proclamation for Bosnian Heritage Day 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 DATE: Ma Meridian City Council Meeting 5, 2015 ITI=nn TITI, F• PROCLAMATION Proclamation for Better Hearing Month ITEM NUMBER: PROJECT NUMBER: 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 DATE: Mal Meridian City Council Meeting 2015 ITEM TITLE: CONSENT AGENDA ITEM NUMBER: PROJECT NUMBER: Agreement for Connection to Public Sewer System with Chris Stewart, 1238 W. Washington St. Meridian, ID MEETING NOTES rte✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM: 1238 WEST WASHINGTON STREET This AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM: 1238 W. WASHINGTON STREET is made this By of April, 2015, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Chris Stewart, whose address is 1238 W. Washington Street, Meridian, Idaho (hereinafter "User") (collectively, "Parties"). WHEREAS, User is the owner of parcel number R7052110080, located at 1238 W. Washington Street, Meridian, Idaho, in Ada County, Idaho (hereinafter "Property"); WHEREAS, the residence at Property is connected to the public water system, but is not connected to the public sewer system, and instead remains connected to a private septic system; WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapter 4, Meridian City Code; WHEREAS, the Parties wish to connect the residence at Property to the City sewer system and disconnect the septic system from the residence; WHEREAS, though the septic system at Property is still in working order, the City Council of the City of Meridian finds that it is in the best interest of the public health and safety to connect the residence at Property to the City sewer system and disconnect the septic system from the residence as soon as practicable, and is willing to pay for costs related to such connection up to an amount of four thousand seven hundred dollars ($4,700.00); and WHEREAS, due to a clerical error, User has paid City for sewer services in the stipulated amount of one thousand three hundred and fourteen dollars and eighty-eight cents ($3,182.19), and Parties agree that it is in both Parties' best interest to apply such amount to the cost of connecting the residence at Property to the City sewer system and disconnecting the septic system from the residence; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: I. SCOPE OF AGREEMENT. A. SEPTIC SYSTEM DISCONNECT; CITY SEWER HOOKUP. 1. USER TO HIRE CONTRACTOR. A stub from the City sewer system to the property line has been previously installed adjacent to the Property. User shall hire a licensed contractor of User's choice to, by 5:00 p.m. on Monday, June 15, 2015, complete the following: a. Disconnect and abandon the septic system at the Property; and b. Connect the residence at the Subject Property to the City sewer system. AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE 1 OF 4 2. CITY TO PAY CONTRACTOR. Within thirty (30) days of receipt of invoice and completed W-9 form from the contractor for the services enumerated herein, provided that such work is completed by 5:00 p.m. on Monday, June 15, 2015, City shall pay the contractor for the amount invoiced, not to exceed four thousand seven hundred dollars ($4,700.00), which payment shall constitute City's total remuneration for all costs related to these enumerated services. User shall be responsible for any cost or payment due in excess of this amount. 3. PERMITS. User shall ensure that the selected contractor obtains all necessary permits from the Building Services Division of the City of Meridian Community Development Department prior to excavation and/or installation of plumbing. Fees applicable to required permits shall apply. 4. WAIVER OF SEWER ASSESSMENT. City shall waive the applicable sewer assessment fee related to the connection of the existing residence at the Property to City services. B. RELEASE. In consideration of City's waiver of sewer assessment fees and payment of the contractor engaged by User as described herein, User hereby releases City from liability for any and all rights, causes of action, claims, lawsuits, damages of any nature, both known and unknown, both now and in the future, that have or may have arisen, that will arise and/or that are related in any way to the connection of the residence at Property to the City sewer system including, without limitation, any claim to overpayment for City sewer services or payment for services not received. This Agreement discharges City from any and all claims and lawsuits whatsoever that User has brought, could have brought, or could bring against City in the future. User fully understands and agrees that this Agreement is a full, final and complete release and discharge of any and all claims of any nature which User may have against City. C. PAYMENT FOR CITY SERVICES. Upon connection to the City sewer system, User shall pay to City all applicable fees and costs for sewer, water, and garbage services provided, including, but not limited to use fees, as such are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes, objections, or appeals regarding such fees and costs shall be with the Board of Adjustment under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to the City's sewer system, User shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the sewer system between the City sewer main and the residence served by the City sewer main. III. GENERAL PROVISIONS. A. TIME IS OF THE ESSENCE. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision of this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. B. DEFAULT. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. In the event of a default, the non -defaulting party may serve a AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE 2 OF 4 written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty (30) days following delivery of such notice to cure or correct the default before the non - defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Parties and upon any and all successors in interest thereof. C. INDEMNIFICATION. User shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by User, its agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. User acknowledges that acceptance of the offer described in this Agreement presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. Except as to rights held under the terms of this Agreement, User shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents, or employees. D. NOTICES. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: Office of the City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 User: Chris Stewart 1238 W. Washington St Meridian, ID 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. E. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. F. 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 fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alfa, any default, termination, or forfeiture of this Agreement. G. FINAL AGREEMENT. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and User relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and User, other than as are stated herein. Except as otherwise specifically provided AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE 3 OF 4 herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties',or their successors in interest. H. NON -WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. I. COMPLIANCE WITH LAWS. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, codes, standards and permitting requirements of Federal, State, and local governments, including, but not limited to, the City of Meridian, Idaho Department of Environmental Quality, Idaho Department of Water Resources, and Central District Health Department. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer system, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. J. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. K. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of April, 2015. USER: Chris Stewart CITY OF IM Tammy de/Wy6rd, Mayor ronno r unL. SpA• y f�B VJP` eT r}r TRE\SURA L. Uolman, City Clerk AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE 4 OF 4 DATE: Mal Meridian City Council Meeting 5.2015 ITEM TITLE: CONSENT AGENDA ITEM NUMBER: PROJECT NUMBER: Agreement for Connection to Public Sewer System, Brandon Rieger, 1315 W. Carlton St. Meridian, ID MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM: 1315 WEST CARLTON STREET This AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM: 1315 W. CARLTON STREET is made this ff� day of April, 2015, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Brandon Rieger, whose address is 1315 W. Carlton Street, Meridian, Idaho (hereinafter "User") (collectively, "Parties"). WHEREAS, User is the owner of parcel number R7052110210, located at 1315 W. Carlton Street, Meridian, Idaho, in Ada County, Idaho (hereinafter "Property"); WHEREAS, the residence at Property is connected to the public water system, but is not connected to the public sewer system, and instead remains connected to a private septic system; WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapter 4, Meridian City Code; WHEREAS, the Parties wish to connect the residence at Property to the City sewer system and disconnect the septic system from the residence; WHEREAS, though the septic system at Property is still in working order, the City Council of the City of Meridian finds that it is in the best interest of the public health and safety to connect the residence at Property to the City sewer system and disconnect the septic system from the residence as soon as practicable, and is willing to pay for costs related to such connection up to an amount of four thousand seven hundred dollars ($4,700.00); and WHEREAS, due to a clerical error, User has paid City for sewer services in the stipulated amount of one thousand three hundred and fourteen dollars and eighty-eight cents ($407.65), and Parties agree that it is in both Parties' best interest to apply such amount to the cost of connecting the residence at Property to the City sewer system and disconnecting the septic system from the residence; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: I. SCOPE OF AGREEMENT. A. SEPTIC SYSTEM DISCONNECT; CITY SEWER HOOKUP. 1. USER TO HIRE CONTRACTOR. A stub from the City sewer system to the property line has been previously installed adjacent to the Property. User shall hire a licensed contractor of User's choice to, by 5:00 p.m. on Monday, June 15, 2015, complete the following: a. Disconnect and abandon the septic system at the Property; and b. Connect the residence at the Subject Property to the City sewer system. AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE 1 OF 4 2. CITY TO PAY CONTRACTOR. Within thirty (30) days of receipt of invoice and completed W-9 form from the contractor for the services enumerated herein, provided that such work is completed by 5:00 p.m. on Monday, June 15, 2015, City shall pay the contractor for the amount invoiced, not to exceed four thousand seven hundred dollars ($4,700.00), which payment shall constitute City's total remuneration for all costs related to these enumerated services. User shall be responsible for any cost or payment due in excess of this amount. 3. PERMITS. User shall ensure that the selected contractor obtains all necessary permits from the Building Services Division of the City of Meridian Community Development Department prior to excavation and/or installation of plumbing. Fees applicable to required permits shall apply. 4. WAIVER OF SEWER ASSESSMENT. City shall waive the applicable sewer assessment fee related to the connection of the existing residence at the Property to City services. B. RELEASE. In consideration of City's waiver of sewer assessment fees and payment of the contractor engaged by User as described herein, User hereby releases City from liability for any and all rights, causes of action, claims, lawsuits, damages of any nature, both known and unknown, both now and in the future, that have or may have arisen, that will arise and/or that are related in any way to the connection of the residence at Property to the City sewer system including, without limitation, any claim to overpayment for City sewer services or payment for services not received. This Agreement discharges City from any and all claims and lawsuits whatsoever that User has brought, could have brought, or could bring against City in the future. User fully understands and agrees that this Agreement is a full, final and complete release and discharge of any and all claims of any nature which User may have against City. C. PAYMENT FOR CITY SERVICES. Upon connection to the City sewer system, User shall pay to City all applicable fees and costs for sewer, water, and garbage services provided, including, but not limited to use fees, as such are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes, objections, or appeals regarding such fees and costs shall be with the Board of Adjustment under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to the City's sewer system, User shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the sewer system between the City sewer main and the residence served by the City sewer main. III. GENERAL PROVISIONS. A. TIME IS OF THE ESSENCE. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision of this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. B. DEFAULT. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. In the event of a default, the non -defaulting party may serve a AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE 2 OF 4 written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty (30) days following delivery of such notice to cure or correct the default before the non - defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Parties and upon any and all successors in interest thereof. C. INDEMNIFICATION. User shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all. losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by User, its agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. User acknowledges that acceptance of the offer described in this Agreement presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. Except as to rights held under the terms of this Agreement, User shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents, or employees. D. NoTICEs. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: Office of the City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 , User: Brandon Rieger 1315 W. Carlton St Meridian, ID 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. E. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. F. 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 fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. G. FINAL AGREEMENT. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and User relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and User, other than as are stated herein. Except as otherwise specifically provided AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE 3 OF 4 herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. H. NoN-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. I. COMPLIANCE WITH LAWS. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, codes, standards and permitting requirements of Federal, State, and local governments, including, but not limited to, the City of Meridian, Idaho Department of Environmental Quality, Idaho Department of Water Resources, and Central District Health Department. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer system, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. J. ADVICE of ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. K. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 130� day of April, 2015. USER: Brandon Rieger CITY OF MERIDIAN: :• Tammy deyeerd, Mayor �E IDR IANC 16AHO rrPy �� oI �'`�LSUA�v'yi J�- Jaycee L olman, City Clerk AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE 4 OF 4 Meridian City Council Meeting DATE: May 5, 2015 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: CONSENT AGENDA Agreement for Connection to Public Sewer System: Jean Shepp - 1407 W. Carlton St. 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: May 5, 2015 ITEM NUMBER: 6D PROJECT NUMBER: FP 1 ITEM TITLE: CONSENT AGENDA Final Order: FP 15-011 Avendale Subdivision by Silver Oaks Apartments, LLC Located 3800 W. Perugia Street Request: Final Plat Approval Consisting of Four (4) Building Lots on 24. 61 Acres of Land in an R-15 Zoning District MEETING NOTES C✓i APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the J day of 2015. By: �Ct✓d Tammy de rd Mayor,it f Meridian Attest: Teo novo �9 Lo Qi Ciyof cee 101man E IDIAN" City Clerk SEAL 0PNPlt °(Ih, iACA%U As Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. By.C4& Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AVENDALE SUBDIVISION FP -15-011 Page 3 of 3 Meridian City Council Meeting DATE: May 5, 2015 ITEM NUMBER: 6E PROJECT NUMBER: FP 15-010 ITEM TITLE: CONSENT AGENDA Final Order: FP 15-010 Accommodations Subdivision by Providence Management, LLC Located South Side of E. Falcon Drive and East of S.Eagle Road Request: Final Plat Approval Consisting of Fourteen (14) Single Family Residential Lots and Three (3) Common Lots on Approximately 4.71 Acres in the R-4 Zoning District 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 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the Vv day of 2015. Tammy , d Mayor, City of Meri ian Attest: 3Go�opptED nu,LSTtJ� o, City of EIDIZ IANC cee lman '°°"° City Clerk SEAL MffR °��d<TRE AS°B Vti Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. I By Dated:,(v/O ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ACCOMMODATIONS SUBDIVISION (FP -15-010) Page 3 of 3 Meridian City Council Meeting DATE: May 5, 2015 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: CONSENT AGENDA License Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian Regarding a Multi -Use Pathway Along the Ridenbaugh Canal to be Constructed as Part of the Development Project by C4 Land LLC 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: May 5, 2015 ITEM NUMBER: 6G PROJECT NUMBER: FP 15-014 ITEM TITLE: CONSENT AGENDA FP 15-014 Granton Square Subdivision Located on the East Side of N. Locust Grove Road, South of East Ustick Road, Request for Final Plat Approval Consisting of 27 Single Family Residential Lots and 6 Common Lots on Approximately 4.70 Acres of Land in the R-8 Zoning District by Granton Square Properties LLC 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: May 5, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: COMMUNITY ITEMS/PRESENTATIONS Annual Assessor Update by Robert McQuade 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: May 5, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: ITEMS MOVED FROM CONSENT AGENA MEETING NOTES �Joy\,-1 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: May 5, 2015 ITEM NUMBER: QA PROJECT NUMBER: ITEM TITLE: DEPARTMENT REPORTS Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update 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 Ci t y C o u n c i l M e e t i n g Ma y 5 , 2 0 1 5 h2 Sl i d e 1 h2 Ag e n d a I t e m N u m b e r s / O r d e r : ho o d c , 1 2 / 1 9 / 2 0 0 6 It e m # 1 0 E : S o n i c D r i v e - I n a t P a r a m o u n t Zo n i n g & A e r i a l M a p s La n d s c a p e P l a n Meridian City Council Meeting DATE: May 5, 2015 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: ACTION ITEMS CDBG PY2015 Action Plan: Potential Projects 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 CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE May 5, 2015 ITEM # 10A Number: l:Ut3U t YZUl5 Acton Flan: Potential Project Name: Projects PLEASE PRINT NAME I FOR I AGAINST I NEUTRAL CITYOFC l :ITY CLERKS Meridian City Council Meeting DATE: May 5, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: ACTION ITEMS Public Hearing To Consider The Conveyance To The Ada County Highway District Of Approximately 2,446 Square Feet Of Real Property Located At The SW Corner Of North Meridian Road And West Railroad Street In The City Of Meridian, Ada County, Idaho. 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: May 5, 2015 ITEM NUMBER: 10C PROJECT NUMBER: FP 15-013 ITEM TITLE: ACTION ITEMS FP 15-013 Silverwater Subdivision No. 2 by Trilogy Development Located at the South Side of E. Victory Road on the East Side of S. Standing Timber Way, in the NW 114 of Section 30, Township 3N., Range 1 E., Request for Final Plat Consisting of 2 Common Lots on 4.67 Acres of Land in the R-8 Zoning District 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: May 5 2015 ITEM NUMBER: 10D PROJECT NUMBER: FP 15-012 ITEM TITLE: ACTION ITEMS FP 15-012 Silverwater Subdivision No. 3 by Trilogy Development Located at the South Side of E. Victory Road Midway Between S. Meridian Rd and S. Locust Grove Rd. in the NE 114 of Section 30, Township 3N., Range 1 E., Request for Final Plat Consisting of 42 Common Lots, 6 Common lots, and 1 Other Lot on 17.22 Acres of Land in the R-8 Zoning District 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: May 5, 2015 ITEM NUMBER: 10E PROJECT NUMBER: AP 15-001 ITEM TITLE: EXECUTIVE SESSION Public Hearing: AP 15-001 Request for City Council Approval of a Reduction in the Buffer Width Required in the C -G Zoning District to Residential Uses as Allowed by UDC 11 -3B -9C2 for Sonic Drive -In at Paramount MEETING NOTES 9 APPROVED 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: May 5, 2015 ITEM NUMBER: 11 A PROJECT NUMBER: ITEM TITLE: CONTINUED DEPARTMENT REPORTS Continued from April 28, 2015: Citywide Strategic Plan 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: May 5, 2015 ITEM NUMBER: 11 B PROJECT NUMBER: ITEM TITLE: CONTINUED DEPARTMENT REPORTS Resolution No. �S lOCa : Adopting Citywide Strategic Plan MEETING NOTES APPROHO 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. %S - /C) (o y BY THE CITY COUNCIL: BIRD, BORTON, CAVENER MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO ADOPTING THE CITY OF MERIDIAN STRATEGIC PLAN 2016-2020. WHEREAS, the City Council discussed the concept of creating a City Strategic Plan (Plan) on May 13, 2014; approved a budget amendment to begin the process on June 10, 2014; approved an agreement with Leadership Advisors for their assistance in developing a Plan on July 22, 2014; and discussed the development, methodology, and creation of the Plan at City Council meetings on October 14, 2014, April 14, 2015, April 28, 2015 and May 5, 2015; WHEREAS, the purpose of the City of Meridian Strategic Plan 2016-2020 is to establish a clear vision for the City of Meridian and set appropriate strategic objectives to guide fulfillment of the vision; WHEREAS, the City of Meridian Strategic Plan 2016-2020 will align appropriate resources and deployment decisions to achieve the strategic objectives and allows for the creation of measures that ensure attainment of those objectives within the specified time frames. WHEREAS, the Mayor and City Council of the City of Meridian hereby approve the adoption of the City of Meridian Strategic Plan 2016-2020. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council of the City of Meridian hereby adopts the City of Meridian Strategic Plan 2016-2020 as set forth in Exhibit A, as attached. ADOPTED by the City Council of the City of Meridian, Idaho, this 6 day of May, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this -P'—day . day of May, 2015. ATTE RESOLUTION ADOPTING CITY OF MERIDIAN STRATEGIC PLAN 2016-2020 - PAGE 1 OF 1 City of Meridian Strategic Plan 2016-2020 April ‘15 APPROVED City of Meridian DRAFT Strategic Plan Page 2 of 15 Table of Contents Introduction: New Opportunities, New Horizons ............................................................. 3 Strategic Planning: Purpose and Intent ............................................................................... 3 Municipal Organization ....................................................................................................... 4 City Services ............................................................................................................................. 4 Strategic Planning: The Process....................................................................................... 5 Our Mission .............................................................................................................................. 6 Our Vision. ................................................................................................................................. 6 Our Values. ................................................................................................................................ 7 Alignment: Goal Formulation .................................................................................................. 8 Execution: Strategic Plan Management and Accountability ....................................... 9 Next Steps: Operationalizing the Plan .............................................................................. 10 Tactical Plan Development ............................................................................................. 10 Meridian’s Strategic Plan: Goals and Objectives ........................................................... 11 1. Strategic Growth ......................................................................................................... 11 2. Economic Vibrancy .................................................................................................... 12 3. Responsive Government.......................................................................................... 13 4. Safe, Healthy, and Secure ........................................................................................ 14 5. Arts, Culture, and Recreation ................................................................................ 15 City of Meridian DRAFT Strategic Plan Page 3 of 15 Introduction: New Opportunities, New Horizons For more than two consecutive decades, the City of Meridian has been the fastest growing City in the State of Idaho. The City’s population tripled between 1990 and 2000 and then doubled again between 2000 and 2008. In 2014, Meridian arguably became the second largest City in the State of Idaho and the 10th fastest growing City in the Nation. The City’s population explosion has necessitated the expansion of services, the addition of staff, and the need to better visualize, organize, and plan its future. While growth has been a positive, influencing factor in Meridian’s success, the City must do more to guide growth and the expansion of its services. For the past few years, the City has been conducting surveys of its citizens and employees to gather information regarding its management and planning efforts. These inputs have been a valuable contribution in the development of the City’s Strategic Plan. To truly become the premier place to live, work, and raise a family, the City must be purposeful and visionary in the establishment of financially sound growth goals and the identification of community service expectations. It must then align its fiscal and human resources to achieve those goals. This document endeavors to set, organize, and place a plan into action to accomplish those goals. Strategic Planning: Purpose and Intent Strategic planning is one of the most important responsibilities of the leadership of any organization. It is the activity that establishes a clear vision for the organization and sets appropriate strategic objectives to guide fulfillment of the vision. It also aligns appropriate resources and deployment decisions to achieve the strategic objectives and establishes measures that ensure attainment of those objectives within specified time frames. Like all cities, Meridian is continually faced with a myriad of challenges and opportunities. The demands of growth on budgets, infrastructure, and staffing underscore the need for a comprehensive and clear strategic plan. Because cities must reconcile the needs of a community with a diverse service offering, it is challenging to focus citizens, leaders, and staff in one direction. The role of this strategic plan, therefore, is to provide that focus, facilitate the successful growth of the community, and provide a platform to purposefully advance the City as an organization. This strategic plan will serve as a roadmap for the City’s success over the next five years. It will also serve as a tool to communicate the City’s intentions to the community, focus the direction of its financial resources and employees, and ensure that short-term goals and City of Meridian DRAFT Strategic Plan Page 4 of 15 objectives are met in a timely fashion to ensure attainment of the City’s overall vision. This plan defines specific results that are to be achieved, outlines a course of action for achieving them, and details measurements to ensure the outcomes of those results. Additionally, this plan will ensure that the most important City priorities are identified, communicated, and achieved with direction and effective planning so that all may know what is expected and how to achieve success. The City will be diligent in focusing its efforts on strategic objectives that it can control and influence within the scope of its mission and vision. The implementation of this plan and the decision making around it will align with the City values. Municipal Organization The City of Meridian lies at the heart of Idaho’s Treasure Valley. Meridian is one of the fastest growing cities in Idaho and it is a magnet for people looking for a family-oriented community in the Intermountain West. A long and vibrant heritage in agriculture has given way to homes and businesses that share a common goal - being part of a diverse and vibrant community that is a great place to work, live, and raise a family. Over the past 25 years, the City has grown substantially. So, too, have its responsibilities, service expectations, and staffing requirements. Today, the City of Meridian is a full service city that contains more than 375 staff members distributed between ten Departments, has an operating budget of more than $90M, and currently serves a population of more than 90,000 residents. This document represents the City of Meridian’s first formalized Strategic Plan. City Services Cities are unique organizations because of the diversity and complexity of their service offerings. Like all cities, Meridian provides many primary services directly to the community while forming partnerships with other governmental units to provide the remainder of services to its citizens. The City of Meridian currently provides the following services directly to the community: • Police • Fire and Medical Response • Land Use, Planning and Building • Parks and Recreation Services • Water • Sewer • Economic Development • Administrative Services City of Meridian DRAFT Strategic Plan Page 5 of 15 Strategic Planning Team Leader Title Tammy de Weerd Mayor Tom Barry Director of Public Works Bruce Chatterton Director of Community Development Jaycee Holman Director of IT / City Clerk Stacy Kilchenmann Director of Finance Jeff Lavey Chief of Police Bill Nary City Attorney Mark Niemeyer Fire Chief Patti Perkins Director of Human Resources Steve Siddoway Director of Parks & Recreation Robert Simison Mayor’s Chief of Staff Working closely with government and private partners allows citizens to also receive, among other services: • Recycling and trash collection through a franchise agreement • Roads via the Ada County Highway District • Libraries via the Meridian Library District • Pools via the Western Ada Recreation District • Downtown development via the Meridian Development Corporation • Criminal Prosecution Services through the City of Boise Ada County, the State of Idaho, and the Federal Government also directly serve the citizens of Meridian. Strategic Planning: The Process Strategic planning is an iterative but logical process. It involves conducting an environmental scan or SWOT analysis (Strengths, Weaknesses, Opportunities, Threats) of the organization, defining or refining the organization’s mission, vision and value statements, developing goals, establishing objectives, operationalizing and implementing the plan, and monitoring for results. To establish the City’s strategic plan, the City chose Leadership Advisors Group to facilitate its planning process. The City then developed a Strategic Planning Team comprised of the Mayor and the Executive Leadership Team. The Strategic Planning Team is responsible for the development and articulation of the overall direction of the organization. As Chief Elected Officer, the Mayor will be accountable for the performance and administration of the Strategic Plan. City of Meridian DRAFT Strategic Plan Page 6 of 15 To guide the planning process, the Team was first trained on the Dimensional Strategy® framework. This framework helps leaders to navigate their organization’s complexity to create a unifying, compelling, and achievable strategic plan. Using this framework, the Team participated in an organization-wide Strengths Assessment. The Strengths Assessment helped to measure the City’s planning readiness and overall management strength, as well as identify potential risks during the strategic planning process. Then the Team conducted a SWOT analysis. This analysis was used to identify the key internal and external factors seen as influencing or impacting the City organization. Internal factors (strengths and weaknesses) are controllable by the organization. External factors (opportunities and threats) impact organizations but are not controllable by the organization. From this exercise, the City gained insights that were carried into the strategic planning process. Several Team meetings culminated in the revision of the City’s Mission statement, an update to its Vision statement, and the review and affirmation of its organizational values. Our Mission: We love Meridian; it’s our town and our mission is to cultivate a vibrant community by delivering superior service through committed, equipped employees dedicated to the stewardship of our community’s resources. Our Vision: Where we see ourselves as an organization and community in the future. By 2035, Meridian will be the West’s premier community in which to live, work, and raise a family. • Proactive City policies and well-educated, capable employees will, together, create a compelling economic advantage yielding robust family-wage jobs that will nourish our welcoming, vibrant, and diverse business environment. • Our strategic growth will ensure an orderly development that balances resources and leverages partnerships to create a sustainable and financially viable community. • A flexible and responsive government will ensure that services meet demand with financial prudence and excellence while safeguarding our community’s health and safety. • Community members will enjoy a vibrant downtown and a myriad of diverse arts, cultural, and recreational offerings to have meaningful experiences. City of Meridian DRAFT Strategic Plan Page 7 of 15 Our Values: The core principles that guide our treatment of one another, our customers, and our decisions. At the City of Meridian, we CARE. That means: • Providing the best Customer Service to our community, colleagues, and partners by listening and responding in a timely, friendly, professional, and solution-oriented manner. • Exemplifying Accountability by understanding our role in the organization, knowing our jobs, and accepting that each of us is responsible for our own work, choices, and actions. Acting as stewards of the community’s resources, our environment, and our relationships. • Showing Respect by being trustworthy and courteous. We honor, accept, and include people with diverse opinions and backgrounds. • Demonstrating continual Excellence through professionalism, going beyond the parameters of our job while being creative, innovative, flexible, and adaptable to multiple needs. Next, the team met with the City Council to discuss the SWOT analysis results, share the mission, vision, and value statements, and brainstorm future strategic initiatives, focus areas, and goals for the City. This strategy session helped the Team narrow the City’s strategic focus areas into five broad categories. By identifying and prioritizing these focus areas, the City has effectually defined the targets into which the City will invest its time, energy, and resources to advance. Strategic Focus Areas Focus Area Description Strategic Growth Good growth fuels a city. Meridian will promote growth that enhances its vision and is family-focused, properly planned, financially viable, and diverse. Economic Vibrancy Jobs make a City vibrant. Meridian will recruit family-wage jobs and promote the growth of existing organizations in employment zones that put work and life together. Responsive Government The successful government of the 21st century is service driven, approachable, and responsive. Meridian will embody those qualities by improving efficiency, enhancing transparency, utilizing technology, and investing in our employees. Safe, Healthy, and Secure For a community to prosper, it must be safe, secure, and healthy. Meridian will invest in activities and services that enhance public safety and community health to build a stronger community and promote the quality of life that its citizens and employees expect. Arts, Culture & Recreation A premier community embraces cultural diversity and promotes an abundant offering of arts, entertainment, and recreational opportunities. Meridian will invest in services, facilities, programs, and partnerships to establish itself as an active and vibrant community that fulfills the diverse cultural and recreational needs of its people. City of Meridian DRAFT Strategic Plan Page 8 of 15 Department Plans Comprehensive Plan Capital Improvement Plan Economic Development Plan Strategic Plan Alignment: Goal Formulation Three existing plans also played a role in forming this strategic plan. While the strategic plan will be the overarching organizational and community agenda, the plan is informed and enlivened by the City’s Comprehensive Plan, Capital Improvement Plan, and Economic Development Plan. Comprehensive Plan: Establishes the vision for the City’s development future, including key elements such as the land use plan and Area of City Impact. Capital Improvement Plan: Identifies capital projects and equipment purchases, provides a planning schedule, and identifies options for financing the short- range plan (usually five to ten years). Economic Development Plan: Provides targets for attracting, retaining, and expanding businesses in Meridian. The graphic to the right reflects the inter-relationship of the various plans. The other major aspect of the City that must be reconciled to the strategic plan is the City’s budgetary plan. The City’s budget must reflect the strategy. The interchange between the above plans and the new strategic plan is intended to be complementary. In addition to the aforementioned plans and the City Strategic Plan, each Department will need to develop a Department Plan that correlates to the Goals and Objectives of the Citywide Strategic Plan at a tactical/operational level. Since this is the first strategic plan for the City of Meridian, the connection to the City’s budget will be done via existing and future Department Plans. This means that, as each Department refreshes its plan, the focus areas and goals established within this strategic plan will be evident in the Department’s budget. City of Meridian DRAFT Strategic Plan Page 9 of 15 Execution: Strategic Plan Management and Accountability A plan poorly implemented is like having no plan at all. As part of the City’s strategic planning process, the Strategic Planning Team identified and invited several key staff members from each of their Departments to participate in a Change Management workshop. The purpose behind the workshop was to prepare and train key staff on managing change - in this case, providing staff the perspectives and tools to help implement the Strategic Plan. The responsibility for the development and execution of the City’s Strategic Plan is vested with the Mayor. Since the Strategic Plan represents the core agenda of the organization, it is incumbent upon the Mayor to oversee its development and shepherd its execution. Now that the Plan has been developed, the administration of the Plan and the accountability for its execution are paramount. To guide those two aspects (administration and execution), the following set of responsibilities has been developed: This Plan is intended to transcend changes in the political environment. Organizational constancy is critical in maintaining momentum and achieving the desired results. However, it is important to recognize that major changes in elected leadership, City Council composition or modification to Council policies, strategies, plans, budget initiatives, etc. may impact the content, implementation, and successful attainment of this Strategic Plan. While this Plan itself serves as a guide that describes the strategic and tactical activities of the City of Meridian, the measure of success for the City in its strategic pursuits will be marked by the goal achievement contained in the Plan. Just as important will be the extent to which the City reviews and updates its strategic plan based on changing conditions and circumstances. In the end, strategic planning is a process, not an event, and it is that process that will define and ensure a competitive and purposeful organization. Frequency Activity Responsible Party Reporting Audience Bi-annually Review strategic goal measurements and execution progress Mayor City Leadership Team Annually Execution progress report Mayor City Council Annually Review and refine the strategic plan Mayor City Council and the City Leadership Team Annually Review and refine Department plans Department Directors Departments and Mayor City of Meridian DRAFT Strategic Plan Page 10 of 15 Next Steps: Operationalizing the Plan Tactical Plan Development The first phase of the City’s approach to developing its strategic plan involved conducting an environmental scan, aligning its mission, vision, and values statements, organizing its resource inputs, developing strategic focus areas, and identifying key goals and objectives to align and advance the City’s resources toward the pursuit of its vision. What must follow is the development of Department-level tactical plans which align and support the City’s Strategic Plan. These tactical plans will need to define the activities, resources, timeframes, and costs required to advance the identified objectives in the City’s Strategic Plan. Performance measures and routine performance audits will ensure that each Department is appropriately engaged and aligned in advancing the City’s vision. TACTIC: Tactic #: Title of the Tactic GOAL RELEVANCE: Insert Goal Title This Tactic Supports SUPPORTING OBJECTIVE: Insert Objective Title This Tactic Supports Priority: Select between 1=Highest and 5=Lowest Estimated Cost: Select Between $=Lowest and $$$$$=Highest Anticipated Start Date: Identify Start Date Completion Date: Identify Completion Date Lead Staff: Insert Tactic Lead Support Staff: Insert Support Groups(s)/Individual(s) External Support: Identify Those Outside Your Division/Department Required To Advance The Tactic. Tactical Summary: Insert Brief Tactical Summary Here. Activities: List All Activities Required to Complete This Tactic in Logical/Chronological Order Below: a) b) c) d) e) f) Performance Measure(s): List all Performance Measures to be Used. a) b) Status Update: Provide status updates here. Example Tactical Summary City of Meridian DRAFT Strategic Plan Page 11 of 15 Meridian’s Strategic Plan: Goals and Objectives 1. Strategic Growth Good growth fuels a city. Meridian will promote growth that enhances its vision and is family-focused, properly planned, financially viable, and diverse. Goals: A. Facilitate the development and growth of Meridian’s downtown culminating in a strong and diverse community core. 1. Reinvigorate the Destination Downtown plan by gaining broad, strong support and positioning the plan for implementation. 2. Evaluate and, if appropriate, expand the Urban Renewal District. 3. Reform the Meridian Development Corporation to maximize its use in developing downtown. B. Create a growth management system to foster the growth goals of the City in alignment with the Comprehensive Plan. 1. Define and articulate the City’s growth goals. 2. Identify priority growth areas and incentivize growth and development. 3. Complete rezoning in targeted growth areas to direct types of development in alignment with the City’s growth goals. 4. Promote and guide desired growth with investments in infrastructure and services ahead of growth. 5. Develop and implement a sustainable growth management system that includes the Fiscal Impact Model to inform service levels, staffing, and General/ Enterprise Fund impacts. C. Preserve and protect land use and zoning plans to promote certainty and predictability for future development within the adopted Area of City Impact. 1. Codify established Area of City Impact boundaries. 2. Align land use plan with the City’s growth goals. 3. Identify and preserve land(s) for interactive, educational, agricultural-based destination(s). D. Develop and sustain the connections that shape and serve our community. 1. Promote a multi-modal transportation system, ensuring that residents and visitors have safe and efficient mobility options. City of Meridian DRAFT Strategic Plan Page 12 of 15 2. Economic Vibrancy Jobs make a City vibrant. Meridian will recruit family-wage jobs and promote the growth of existing organizations in employment zones that put work and life together. Goals: A. Influence the location and retention of family-wage jobs in close proximity to where people live. 1. Identify, develop, and utilize the tools needed for successful attraction and retention of jobs. 2. Develop and maintain the broad spectrum of partnerships needed to cultivate diverse businesses and jobs. 3. Promote job growth by identifying and attracting businesses in technology, agricultural science and technology, health sciences, animal sciences, and food production. 4. Create a variety of housing options, open spaces, and amenities in order to provide living choices for a diverse workforce. B. Partner with others to develop a qualified workforce that meets the needs of targeted industries. 1. Promote opportunities for and access to entry level and advanced education for targeted industries. 2. Promote cultural and workforce diversity. C. Promote a diverse and sustainable economy. 1. Identify targets and gaps in available goods and services. 2. Promote identified special business districts. 3. Pursue key catalyst projects. City of Meridian DRAFT Strategic Plan Page 13 of 15 3. Responsive Government The successful government of the 21st century is service driven, approachable, and responsive. Meridian will embody those qualities by improving efficiency, enhancing transparency, utilizing technology, and investing in our employees. Goals: A. Elevate the engagement of the community with local government. 1. Evaluate and define the objectives of, and adapt new strategies to elevate participation in, City activities. 2. Improve citizen access to government. 3. Develop partnerships allowing the City to become an access point to other government. B. Establish a comprehensive workforce development and retention program for the City. 1. Develop a cost effective and competitive benefit plan. 2. Identify position specific training needs. 3. Develop a succession planning program. 4. Develop an employee engagement program. 5. Develop and maintain a competitive compensation program that enables quality recruitment and rewards and encourages high performance. C. Ensure flexibility, adaptability, and resiliency of government during times of crisis and recovery. 1. Develop a local Incident Management Team to respond during and after times of community crisis. 2. Fully deploy and adequately train staff to meet all objectives of the City of Meridian Continuity of Operations Plan (COOP). 3. Develop and implement technological and communications contingency plans and programs for continuity of City operations. D. Improve operational efficiency and organizational excellence. 1. Align resources, systems, and employees to meet strategic objectives and priorities. 2. Develop and deploy a City-wide performance measurement, monitoring, and reporting program. 3. Develop and deploy a City-wide continuous improvement program. 4. Evaluate the need for centralized, professional administrative and operational oversight for City functions. E. Enhance transparency and decision-making of City government. 1. Establish clearly defined roles and responsibilities of City leadership up to and including Elected Officials. 2. Conduct a priorities-of-government exercise to identify community expectations and desired level of service standards. 3. Align community programs, City policies/ordinances, and staffing resources based on community expectations and desired level of service. 4. Institute a priority-based budget system to meet adopted level of service expectations. 5. Evaluate the benefits of districting Council seats. City of Meridian DRAFT Strategic Plan Page 14 of 15 4. Safe, Healthy, and Secure For a community to prosper it must be safe, secure, and healthy. Meridian will invest in activities and services that enhance public safety and community health to build a stronger community and promote the quality of life that its citizens and employees expect. Goals: A. Establish Meridian as a premier safe community. 1. Use industry standards and benchmarks to develop and communicate the Safety Profile of Meridian. 2. Set targets, identify gaps, and deploy programs and services that elevate the Safety Profile to achieve the desired targets. 3. Align City ordinances, codes, policies, and resources based on the adopted Safety Profile. 4. Identify gaps and deploy programs and services that enhance the ability of people to move safely within and through the community. 5. Become among the Top 100 “Safest Cities” nationally. B. Establish Meridian as a premier healthy community. 1. Use industry standards and benchmarks to develop and communicate the Health Profile of Meridian. 2. Set targets, identify gaps, and deploy programs and services that elevate the Health Profile to achieve the desired targets. 3. Align City ordinances, codes, policies, and resources based on the adopted Health Profile. 4. Build and maintain a broad spectrum of partnerships to create a healthy community and improve access to health care services. 5. Become among the Top 100 “Healthiest Cities” nationally. C. Promote and advance social services that strengthen the socio-economic well-being of the community. 1. Define the educational, financial, food, shelter, personal preparedness, and personal security environment (“Socio-Economic Profile”) within the community. 2. Set targets and identify gaps in programs and services to elevate the Socio- Economic Profile of the community. 3. Build and maintain a broad spectrum of partnerships to create a secure community and improve the education of and access to social and support services. 4. Deploy programs and services that address social and support services deficiencies. 5. Align City ordinances, codes, policies, and resources based on the adopted Socio- Economic Profile. D. Establish a comprehensive Health and Safety Program for the City of Meridian. 1. Develop a comprehensive Risk Management program inclusive of risk identification, mitigation, safety audits, training, and proper resourcing. 2. Develop a comprehensive family-focused Health and Wellness Program for City employees. E. Advance sustainable and environmentally healthy practices throughout the City. 1. Promote green building designs, practices, and materials that improve indoor air quality and overall health. 2. Develop sustainability initiatives in the areas of water conservation, recycling, and energy efficiency. 3. Promote community based eco-sustainable programs, projects, and services. City of Meridian DRAFT Strategic Plan Page 15 of 15 5. Arts, Culture, and Recreation A premier community embraces cultural diversity and promotes an abundant offering of arts, entertainment, and recreational opportunities. Meridian will invest in services, facilities, programs, and partnerships to establish itself as an active and vibrant community that fulfills the diverse cultural and recreational needs of its people. Goals: A. Spur development of quality, regionally significant facilities for recreation and entertainment in Meridian. 1. Establish partnerships that foster development of mixed or single use facilities for performing arts and conferences. 2. Identify desired sports facilities or complexes and establish partnerships that foster their development. 3. Develop a plan for financing recreation and entertainment facilities. 4. Foster development of Discovery Parks that uniquely blend arts, entertainment, and culture. B. Develop, maintain, and foster a portfolio of activities and events that serve the diverse needs of the citizens of Meridian. 1. Determine, attract, promote, and maintain a “signature” event for the City. 2. Determine the viability of and, if feasible, develop a “farmers market.” 3. Foster development of vibrant downtown entertainment options to meet the needs of various generations. 4. Set targets, identify gaps, and deploy programs, activities, and events that provide family-centered recreational opportunities. C. Foster the infusion of arts in our community. 1. Research and identify a catalog of long-term funding mechanisms and contributors for supporting arts and culture. 2. Develop a plan to infuse art in public spaces. 3. Connect to the artisan community and promote the education of utilitarian art forms and their historical significance/value in our community. Meridian City Council Meeting DATE: May 5, 2015 ITEM NUMBER: 11 C PROJECT NUMBER: ITEM TITLE: CONTINUED DEPARTMENT REPORTS Parks and Recreation Department: Storey Park Development Dog Park Update and Change Order 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 Ci t y C o u n c i l Tu e s d a y , M a y 5 , 2 0 1 5 Mi k e B a r t o n , M P R P a r k s S u p e r i n t e n d e n t No t p a r t o f c u r r e n t co n t r a c t s Pr o j e c t B u d g e t $ 1 , 5 7 1 , 2 6 8 Cu r r e n t C o n t r a c t s / C o m m i t m e n t s $ 1 , 2 0 7 , 8 6 1 Wo r k C h a n g e D i r e c t i v e s T o D a t e $ 5 2 , 7 5 9 Vi n y l C l a d C h a i n L i n k Ne t t i n g , F o o t i n g I n c r e a s e Sh e l t e r F o o t i n g s Ir r i g a t i o n & U n f o r e s e e n S i t e W o r k To t a l $ 1 , 2 6 0 , 6 2 0 Pr o p o s e d C h a n g e O r d e r ~ P a r k i n g L o t Re m o d e l $1 0 2 , 4 6 6 Pr o p o s e d C h a n g e O r d e r ~ P u m p U p g r a d e $4 4 , 4 2 2 Pr o j e c t B u d g e t $ 1 , 5 7 1 , 2 6 8 Co n t r a c t s , C o m m i t m e n t s , & Wo r k C h a n g e D i r e c t i v e s To D a t e $ 1 , 2 6 0 , 6 2 0 If B o t h C h a n g e O r d e r s A p p r o v e d Pa r k i n g L o t R e m o d e l $ 1 0 2 , 4 6 6 Pu m p U p g r a d e s $ 4 4 , 4 2 2 To t a l P r o j e c t $ 1 , 4 0 7 , 5 0 8 Qu e s t i o n s ? Meridian City Council Meeting DATE: May 5, 2015 ITEM NUMBER• 11 D PROJECT NUMBER: ITEM TITLE: CONTINUED DEPARTMENT REPORTS Public Works: Budget Amendment for FY2015 in the Amount of $405,000.00 for the Construction of a Water Treatment Facility at Well 19 and Well 30 Test Well MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFF/CE FINAL ACTION . DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS IDIAN.om, y i TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek, Assistant City Engineer DATE: April 8, 2015 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Charlie Rountree David Zaremba SUBJECT: BUDGET AMENDMENT FOR FY2015 IN THE AMOUNT OF $405,000 FOR THE CONSTRUCTION OF A WATER TREATMENT FACILITY AT WELL #19 AND WELL 30 TEST WELL. I. RECOMMENDED ACTION A. Move to: 1. Approve the FY2015 Budget Amendment for $405,000; and 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Kyle Radek, Assist City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Backjaround The Well 19 Treatment Facility project was initiated to continue the process of mitigating brown water in the City's potable water system by improving the water quality. This treatment facility has been designed, and equipment procured. The construction of the building and site work still need to be completed. The Well 30 Test Well project is the first year of a three year enhancement to provide new water supply. The treatment facility and test well were both recently bid out and low bids for both are more than the available funds originally allocated for the work. Public Works Department . 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org The Well 18 Aquifer Conditioning project has been cancelled because a different strategy has been employed at a substantially lower cost to improve water quality. Additionally, some Sewer Main Replacement projects have had low bids for construction that are lower than anticipated. Therefore, funds are available to transfer to the projects in need and allow them to be completed this fiscal year. B. Proposed Project This budget amendment will provide funding required to complete the Well 19 Water Treatment and Well 30 Test Well construction projects in FY 2015. IV. IMPACT A. Strategic Impact: These projects support the Public Works Mission and Vision for enhancing and protecting water quality and providing ample water supply to our customers. B. Service/Delivery Impact: These projects will improve the water quality delivered to our customers and provide for a new water source. C. Fiscal Impact: The proposed amendment will have no net impact on the total FY Budget. Funding will be provided by transferring funds that are not needed to complete other projects this FY. Proiect Costs Well 19 Treatment Design and Equipment Procurement Commitments $555,000 Well 19 Treatment Construction / Special Inspection / Contingency $715,000 Total Funding $1,615,000 Well 30 Test Well Design Commitment $85,000 Well 30 Test Well Construction / Contingency $260,000 Total Cost $1,615,000 Prniect Funding FY 14 and FY 15 Budget $1,210,000 Budget Amendment (Source 3200-55090, and 3590-95000) $405,000 Total Funding $1,615,000 V. ALTERNATIVES ru- m 0 T— o 0 CN LU tz LL C m m 7 O LU L C CD � O _C Ll—:3 In O` o ^ J U xS L a Lr u! l VT 4 o Ln u co 3 m n m n^ E C m c N a m V c W E E VT Vi O z L E in Vf H Vf in Y o O U- N F a 3 }� c w a e W x E LUC 0 LL W a C E C z° C A' NN N t N0 N N NmO m O O O Nrl V vv 4rl ru- m 0 T— o 0 CN LU tz LL C m m 7 O LU L C CD � O _C Ll—:3 In O` o ^ J U xS L a Lr JA u! VT VT V1 o Ln u co 3 m n m E m c N a Q V y O a E VT Vi m `w v VT in Vf w Vf in Y o co m N F > c Q 5 c O a e 3 x 0 0 LL W a 3 E 8 �v C N NN N0 N N NmO m O O O Nrl V vv 4rl N v N v N v N v N VT v v C v m mm m m m m m m m m m m N JA z } F h 41 cr w W 4.0C ai EC G Q t6 `o `p r N 9 O Z, U o Ln m N VT Vi in VT VT in Vf u! Vf in in u! Vf m N N VT C N u m CL a ac C 00 'm c � a' C u in �4 a Yl Ln Ln in 8 m Ln m Si Si Si �i �i �i Si Si Si Si Si Si Si m m m m m m m m m m m m m z } F h 41 cr w W 4.0C ai EC G Q t6 `o `p r N 9 O Z, U ,*L T!vM m vb 3 d N N 4 4 c m m m v, O. M -CX D D v a u 3o3i m, n m m N n D n. o. v D 3 D 7 7 p 7 cx 3 c. d .moi 0 v f o n s o s 2 0 n mv. ? _v MCL 'm 'm I D o mo �n'� n� n a o, m m o .t 7 00 o n• D m 7 r o m a n 0 N C c 3 n O �' y O j m a j fD O 0 C O IDT d O CL N3 O 3a ID mc or o UQ v m v !: < 3 m m w z A 0 v I n m c CL m m o a n m m 0 CL CL m 0 m .-r d C m m 0 m W O S M 4 3 m N V (�D v m m 0_ m mm s m A 3 Pt O tml, CL s C � �• N �a er C c r+ Mm m o0 O_ M f 1 T O m ,e 7 d =bw m c 'o m v Ca m n' 0 D N � m 6) S O, O � m, 3 o d m v y o 3 m � N m a r v 0 aoo Un n � c N m 3 nm n 3 � o c "+ m Z w � � N Om0 c � o v Z a m 'c 3 c M m c � a CL v w° ..m S M 3 Ln N o v m O. � a'o m w 0 Im/, '•r S LA m a c m s m o, m Ll VI In m 'O o, x f�D v m O, T O C n o � a � m o 3 a £ M" M {/1 $ w z � m v � d m 3 R m m CL Ln 3 Ln c m O ao w T Ln lLn O 7 6 r., � v � N N n O M d� 7 O• .r Qom, 0 � m O CL O. r: m d O — n M 0 M n C 1 7 a •�• d0 O 3 d 3: � Q a m 0 ami m 0 o M T S C S LA CLm c m m Ln C m a 10, D m. 3 n n .. v, Oo opo ti C d O O � O � — y � O m — cr . a A o, 7o av*-•. N 7 =• o v n m 01 C � C 'C", LT g O d 7 `n ICDrr L Qo C g o o V, n O m 8 o - 0 7 N ov m omi m 3 m S .. Sao r�o m m m S nc S c ° n '~ •o m n o C Oj r� •* o m w o c = m<3 m O' 'O M m o m s = m om v s 'm n m S oc o •o N y N O +o W 'c n. c 3o m o 7 m 0 oin ° a s = N m s m o, CL m r m M tD O CL O c 4 m o i IF d �s3m (-u EEn n 7 d yT N m .. �. n. n n 7 n y roo, o m a n. CML - M .= ao 3 ' fD pp S d O, m w o n d o m A 8f a 0- 0 s O, •O s n. 0 M * io f m N n o, o w � m M c N n S m o '�CL°- m n n o m 0 m d 7 CL 0 w O v c g n 0 ZT w I O h CD Q T N O CA W Q (o CD D 3 CD Q 3 (D rmt- O ML R A. The City could choose not to approve the budget amendment. Without this amendment, construction of the Treatment Facility at Well 19 and Well 30 Test Well will not be completed in FY 2015 and will have to be postponed. VI. TIME CONSTRAINTS Council approval will allow construction of both projects to be completed in FY 2015. VII. LIST OF ATTACHMENTS A. Budget amendme orm Approved for Council Agenda: 1, A Da City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Todd 3200 - PW - Admin 60 - Enterprise Fund From 10/1/2014 Through 9/30/2015 Date: 4/23/15 10:33:21 AM Page: 1 Budget with Current Year Budget Amendments Actual Remaining OPERATING COSTS 55090 Professional Svc - PW Water 80,967.51 0.00 80,967.51 0000 NON -DEPARTMENTAL 0.00 5,750.00 (5,750.00) 0759 Well Monitoring & Aquifer 5,336.64 5,336.64 0.00 Testing 0759.c Ground Water Level and 110,000.00 110,000.00 0.00 Quality Monitoring Aquifer Testing 10085.a Municipal Water Rights 40,000.00 40,000.00 0.00 2014-2015 10086 Comprehensive Municipal 29,447.19 29,447.18 0.01 Well Completion Reports 10142a Source Water 24,875.00 24,875.00 0.00 Protection:Area of Drilling Concern & Ordinance 10232 Water Supply Planning 20,916.44 5,122.62 15,793.82 10326 Water System Modeling 6,393.00 6,393.00 0.00 Support 2012 10327 E -Builder 3,500.00 3,500.00 0.00 10371 Aquifer Conditioning and 172,572.56 1,540.00 171,032.56 ASR Feasibility at Wells 18 22 & 23 10371.a.D Phase 3: Well 22 Aquifer 0.00 74,622.68 (74,622.68) Conditioning Pilot Test 10481 Meridian Heights - 34,793.85 30,888.77 3,905.08 Kentucky Ridge Program Management 10488 Source Water Protection - 10,242.00 5,160.00 5,082.00 Water Right Application Monitoring 10501 Well 11 Building 24,999.96 0.00 24,999.96 10501.a Well 11 Evaluation 0.00 7,300.00 (7,300.00) 10529 Public Works QLPE Services 5,000.00 5,000.00 0.00 10541.a Abandonment of 3 City 0.00 26,000.00 (26,000.00) Wells - Design and Services During Con Total OPERATING COSTS 569.044.15 380.935.89 188.108.26 DEPT EXPENDITURES 569,044.15 380,935.89 188,108.26 TOTAL EXPENDITURES WITH 569,044.15 380,935.89 188,108.26 TRANSFERS CM�I,�M�niT' 130 ,OaO� Date: 4/23/15 10:33:21 AM Page: 1 $ 3-4--t, 000 ��E�C� Rg�.,arM� •vC1 Date: 4/23/15 10:33:40 AM Page: 1 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Todd 3590 - WWTP Construction Projects 60 - Enterprise Fund From 10/1/2014 Through 9/30/2015 Budget with Current Year Budget Amendments Actual Remaining Capital Outlay 95000 Service Line/Main Replacement 801,899.51 0.00 801,899.51 10330 NW 8th St Sewer Trunk Main 386,163.00 23,242.00 362,921.00 Broadway to Cherry Ph 3 Design 10330a NW 8th St Sewer Trunk Main 345,383.20 352,055.60 (6,672.40) Broadway to Cherry Ph3 Const ruc t i 10366 Five Mile Trunk Relief - 8,691.79 8,691.79 0.00 8th Street Park 10394.a NE 3rd St Williams King 17,195.71 17,195.71 0.00 Ada - Sewer Water Main Construction 10432 ACHD Ustick Meridian Rd 21,661.70 21,661.70 0.00 Utility Improvements 10478 Sewer Collection System 10,079.60 10,079.60 0.00 Rehabilitation & Replacement Program 10499 Sewer Line Replacement - 54,165.00 54,165.00 0.00 Site 12b 10499.a Sewer Line Replacement - 0.00 509,050.30 (509,050.30) Site 12b - Construction Total Capital Outlay 1,645.239.51 996.141.70 649.097.81 DEPT EXPENDITURES 1,645,239.51 996,141.70 649,097.81 TOTAL EXPENDITURES WITH 1,645,239.51 996,141.70 649,097.81 TRANSFERS $ 3-4--t, 000 ��E�C� Rg�.,arM� •vC1 Date: 4/23/15 10:33:40 AM Page: 1 Meridian City Council Meeting DATE: May 5, 2015 ITEM NUMBER: 11 E PROJECT NUMBER: ITEM TITLE: CONTINUED DEPARTMENT REPORTS Award of Bid and Approval of Agreement to Contractors Northwest, Inc. for the "WELL 19 TREATMENT FACILITY -CONSTRUCTION" project for the Not -To -Exceed amount of $650,680.00. MEETING NOTES 9 APPROVED 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: 4/30/2015 REQUESTING DEPARTMENT Public Works Fund: 60 Department: Construction: X Project Name: Project Manager: Brent Blake Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Will the project cross fiscal years? 3490 No PSA: GL Account: 96119 Project # Task Order: WELL 19 TRATEMENT FACILITY Department Representative: n/a JUB / Contractors Northwest Contract Amount: $650,680.00 Yes No X 10418 Budget Information: FY Budget: 15 Enhancement#: Grant#: Other: BudgetAmendment Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder X Highest Rated Master Agreement (Bid Results Attached) Yes (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: Bid and procurement were standard. Department did not have the funds to award. PW is taking a Budget Amendment to Council 5/5/15 right before this agreement. 10 Day Waiting Period Complete: PW License# PWC -C-10327 Corporation Status Yes Current? (attach print out) Goodstanding Insurance Certificates Received (Date): April 15, 2015 Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes No X (Only applicabale for projects above $1,000,000) Date Award Posted: March 26, 2015 Yes Rating: A+ April 15, 2015 Rating: A If yes, has policy been purchased? n/a Date Submitted to Clerk for Agenda: April 30, 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) Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Manager CC: Jacy Jones, Brent Blake Date: 4/30/15 Re: May 5" City Council Department Report The Purchasing Department respectfully requests that the following item be placed on the May 5" City Council Agenda under Public Works Department Report. Exceed amount of $650.680.00. Recommended Council Action: Award of Bid and Approval of Agreement to Contractors Northwest, Inc. for the Not -To -Exceed amount of $650,680.00. Thank you for your consideration. 0 Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WELL 19 TREATMENT FACILITY - CONSTRUCTION PROJECT # 10418 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 5th day of May, 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 Contractors Northwest, Inc., hereinafter referred to as "CONTRACTOR", whose business address is P.O. Box 6300, Coeur d'Alene. ID 83816and whose Public Works Contractor License # is PWC -C- 10327. INTRODUCTION Whereas, the City has a need for services involving Well Treatment Facilities; MIT, 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 by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, WELL 19 TREATMENT FACILITY page 1 of 13 Project 10418 state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work 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 $650.680.00. 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. WELL 19 TREATMENT FACILITY page 2 of 13 Project 10418 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any 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 120 (one hundred twenty) 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 $500.00 (five 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 150 (one hundred 2W calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five 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 under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. WELL 19 TREATMENT FACILITY page 3 of 13 Project 10418 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 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 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 WELL 19 TREATMENT FACILITY page 4 of 13 Project 10418 a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East 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 Contractor's 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 insurer's 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. WELL 19 TREATMENT FACILITY page 5 of 13 Project 10418 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 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: http://www.meridiancity.oro/environmental.aspx?id=13618. 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 Contractors Nothwest, Inc. Purchasing Manager Attn: D. Dean Haagneson, CEO 33 E Broadway Ave P.O. Box 6300 Meridian, ID 83642 Coeur d'Alene, ID 83818 208-888-4433 Phone: 208-667-2456 Email: dean@contractorsnorthwest.com Idaho Public Works License #PWC -C-10327 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 attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 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 WELL 19 TREATMENT FACILITY page 6 of 13 Project 10418 of its rights under this Agreement except upon the prior express written consent of CITY. 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 permitthe CITYto 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. WELL 19 TREATMENT FACILITY page 7 of 13 Project 10418 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 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. WELL 19 TREATMENT FACILITY page 8 of 13 Project 10418 28. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN ON" Dated: CC Dated: Ap6I % W15 Approved by Council:Vu.M 1 4p ,,1RD AUC(i Atte s CITY CLE IDPIID r \sEni. Purchasing Approvalr°.,,Id pf 5�4D art e It App al BY: z� 4,r, BY: KEITH'WATTS, Purchasing Manager WARIREN STEYVART, Engineering Mana Dated::�5f �S Dated:: 15 Project Manager Brent Blake WELL 19 TREATMENT FACILITY page 9 of 13 Project 10418 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -15-10418 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -15-10418, are by this reference made a part hereof. WELL 19 TREATMENT FACILITY page 10 of 13 Project 10418 Attachment B WELL 19 TREATMENT FACILITY - CONSTRUCTION MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $650,680.00. MILESTpNE DAT"CHFDU L Milestone 1 Substantial Completion 120 one hundred twenty) days Milestone 2 Final Completion 150 (one hundred fifty) days PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the above named projet per IFB PW -15-10418 CONTRACT TOTAL ....................... $650.680.00 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. Bid Schodule: Item No. Description Quantity Unit Unit Price 1 Mobilization (5%) 1 LS $30,000.00 2 Construction Traffic Control 1 LS $989.00 3 Stormwater & Erosion Control 1 LS $1,380.00 4 Clearing and Grubbing (Including Pavement) 1170 SY $5.00 5 Plant New Tree 1 EA $288.00 6 Removal of Building (Demolition) 1 LS $9,125.00 7 Remove, Retain, and Reinstall Equipment 1 LS $1,800.00 8 Excavation 1 LS $13,900.00 9 Import Fill 133 CY $75,00 WELL 19 TREATMENT FACILITY page 11 of 13 Project 10418 10 Landscaping (incl. tree removal, new tree, sprinkler system modifications, sod). 1 LS $1,725.00 11 Cobble Landscape Rock 180 SY $27.00 12 Drainage Sump 1 LS $5,000.00 13 Sand Window Drainage Beds i LS $5,000.00 14 Water Service Connection, 4" 1 EA $1,500.00 15 10" Water Main 18 LF $100.00 16 Connect New Main to Existing Water Main 1 LS $2,500.00 17 Sanitary Sewer (AWWA C-900, DR 18) 63 LF $50.00 18 New Manhole 1 LS $2,500.00 19 Manhole Connection 1 LS $2,500.00 20 Vertical Curb (No Gutter. Both Above and At- Grade Curbing) 583 LF $18.00 21 Misc. Concrete Slab (Sidewalk, Steps) 7 CY $450.00 22 Plant Mix Pavement 690 SY $40.00 23 Fence, 8' Ornamental Wrought Iron 385 LF $80.00 24 Gate, 18' Rolling Gate 1 EA $3,048.00 25 Gate, 3.5' Swing Gate 1 EA $2,000.00 26 Modifications to Monitoring Well 1 LS $1,750.00 27 Air Gap Box 1 LS $1,500.00 28 Artesian Bypass Manhole Modifications 1 LS $1,750.00 29 Permeable Pavers 1352 SF $19.00 30 Process Piping and Equipment 1 LS $21,000.00 31 Install Filter Equipment 1 LS $8,320.000 WELL 19 TREATMENT FACILITY page 12 of 13 Project 10418 32 Building (incl. Roof, Gutters, Building Paint, Bollards, Stairs, Handrails, etc.) 1 LS $185,000.00 33 Building & Tank Foundations and Floor Slab 1 LS $12,000.00 34 Electrical (Site, Building & Equipment) 1 LS $84,256.00 35 Instrumentation and Control Equipment 1 LS $15,000.00 36 HVAC Equipment 1 LS $19,500.00 37 Plumbing 1 LS $13,250.00 38 Fire Alarm and Sprinkler System 1 LS $17,650.00 39 Startup and Commissioning 1 LS $15,000.00 40 Use Tax (6% of Filter Equipment Package $312,640) 1 LS $18,758.40 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WELL 19 TREATMENT FACILITY page 13 of 13 Project 10418 y I— J D U) W w ODOo00 O v v 0 0 CY CN OD O O V Cl) OD co OD NCo. O CO(. O LO I- LO O OD LO r r co r- Cfl CA H3 K3 CA HJ xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx N O N N t'j r c O C O N N — !) O Z LUO C N W U y a (Dc a dO � a aCU -m 0 L3: 1:WtgU eTRAKiT Home I Setup an Account I Log In COnIreGIOr V Passwgtl LOGIN ❑REMEMBERME 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 Public Works Search D Search Again Download Results Printable View Contractors Northwest, Inc. PWC -C-10327 00001, 00003 1, 3 UNLIMITEI Firs Prev, Page: 1 of 1 Nex Last Details - License Number: PWC -C-10327 Registration p: PWC -C-10327 Issue: 4/17/2015 Expire: 4/30/2016 Type: PUBLIC WORKS Sub -Type: UNLIMITED status: ACTIVE Company: Contractors Northwest, Inc. Phone: (208)667-2456 Cell: Pager: Fax: (208) 667-6388 Owner Name: Page 1 of 1 The DiAsian of Building Safety, makes every effort to produce and Publish the most current and ar<urale Iofmmaiion possible. No warranties, expressed or implied, are provided for the data herein, its use, or its Interpretation. Utilization of this websile Indicates understanding and acceptance of this statement. 1-800-95&3044,1090 E Mtedawar St, Suite 150 Mangan ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/etrakit3/Custom/Idaho PublieWorksSearchRslts.aspx 4/30/2015 IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for CONTRACTORS NORTHWEST INC. ] [ Monitor CONTRACTORS NORTHWEST INC business filings ] CONTRACTORS NORTHWEST INC. BOX 6300 COEUR D'ALENE, ID 83816 1938 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 19 Mar 1976 State of Origin: WASHINGTON Date of 19 Mar 1976 Origination/Authorization: Current Registered Agent: D DEAN HAAGENSON N 3731 RAMSEY RD COEUR D'ALENE, ID 83815 Organizational ID / Filing C53098 Number: Number of Authorized Stock Shares: Date of Last Annual Report: 10 Mar 2015 Annual Report Due: Mar 2016 Original Filing: [ Help Me Print/View TIFF ] Filed 19 Mar 1976 CERTIFICATE OF AUTHORITY Amendments: [ Help Me Print/View TIFF ] Amendment Filed 19 Mar OTHER - APPT OF DA - WILLIAM W. NIXON, 1976 COEUR D'ALENE Amendment Filed 16 Oct OTHER - CHG OF RA TO D. DEAN HAAGENSON 1980 Annual Reports: Report for year 2015 ANNUAL REPORT 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 http://www.accessidaho.org/public/sos/corp/C53098.html [ 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 4/30/2015 TO: Keith Watts FROM: Brent Blake DATE: 5-5-2015 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Charlie Rountree David Zaremba SUBJECT: Project Information Memo -Well 19 Treatment Facilities (Construction) I. DEPARTMENT CONTACT PERSONS Brent Blake, Project Manager 489-0340 Kyle Radek, Assistant City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 II. DESCRIPTION A. Backgp4Lund B. This project was initiated to continue the process of mitigating brown water in the City's potable water system and improve water quality. Iron and Manganeso must be removed from the supply water produced by Well #19 in order to provide adequate chlorine residuals in the distribution system without precipitation of these constituents which results in brown or black water coloration. Although there are no known health threats from these elements, they can cause staining on plumbing fixtures, laundry and cause unpleasant taste and smell. The primary purpose and justification for this project is to improve customer satisfaction by reducing water quality issues created by Iron and Manganese precipitation in well water. C. Proposed Project This project consists of demolishing the current building/infrastructure and constructing a new pumpin&eatment facility, building, and associated infrastructure at the City's Well 419 site located at 3301 W. Niemann Drive (SW corner of Tenmile and Ustick roads). The work will include constructing the new treatment facility utilizing a combination of new and refurbished equipment in order to minimize cost. Public Works Department . 33 E. Broadway Avenue, Suite 200, Meridlan, ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org III. IMPACT A. Strategic lm acct: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Service/Delivery Impact: The Public Works Department, in a continuing effort to provide high quality potable water to the citizens of Meridian, has identified Well #19 pumping facilities as a priority water quality improvement project. C. Fiscal Impact: Project Costs Construction Contract $650,680.00 Project Funding Well 19 (3490-96119) $1,000,000.00 Approved for Council Agenda: G! z ate ,aarau 4CC7KU CERTIFICATE OF LIABILITY INSURANCE DATaisi2o15 ~' 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(tes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the PRODUCER Commercial Lines - (509) 358-3800 Wells Fargo Insurance Services USA, Inc. - CA Lic#:OD08408 601 West Main Street, Suite 1400 Spokane, WA 99201-0635 CONTACT KRISTY BREMER NAMEtPNGNE TY PE OF INSURANCE , 509-358~3983 FAX AC No: 1-866-510.9568 E- pglE krlsty.hremer@wellsfergo.com MMILOIDYEFF INSURERS AFFORDING COVERAGE NAICN INSURERA: Travelers Indemnity Company 25658 PIA- 1hINSURED INSURED Contractors Northwest Inc. P.O. Box 6300 INSURER a : Travelers Indemnity Co. of Connecticut 25682 pir INSURER c: Travelers Properly Casualty Cc of America 25674 Ar INSURCR n, Charter Oak Fire Insurance Co. ggmu n . . I Coeur d'Alene Idaho 83816 INSURER F COVERAGFR CPRTICICATC IUUAAoco. RQQ75110 .,�...�,..., _... 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. ILTR TY PE OF INSURANCE INsnADOL B POLICYNUMBER MMILOIDYEFF PMIDDY� UNITS A X COMMERCIAL GENERAL LIABILITY CLAIMSMpOE FRIOCCUR X WA STOPGAP$1,000,000 X X C06E221461 06101/2014 06/01/2015 EACH OCCURRENCE $ 1,00D,000 PREMISE MISES E ENrEreen It 300,000 MED EXP (Any one person $ 10.Goo PERSONAL A ADV INJURY $ 1,000,e00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ff]JECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGO $ 2,000,000 S OTHER: I B AUTOMOBILE LIABILITY$10-6E221461 06/01/2014 06/0112015 COMBINED SINGLELIMIT $ 1,000,000 % ANY AUTO BODILY INJURY (Par person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Peraeddent) $ % HIREDAUTOS % NON -OWNED AUTOS PROPERTY DAMAGE Per eM $ $ D X UMBRELLAUAB % OCCUR CUP6E221461 06/01/2014 06101/2015 EACH OCCURRENCE $ 5,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $ 5,000,000 DEO I % I RETENTIONS 10,000 S A WORKERB COMPENSATION AND EMPLOYERS'LIABILITY yIN ANY PROPRIETORIPARTNERMXECUTIVE OFFICERIMEMBER EXCLUDED? NIA CO6E221461 WA STOP GAP/EMPLOYERS 06/01/2014 06/01/2015 PER OTH- STA TE %ER E.L EACH ACCIDENT $ I,000,000 E.L. DISEASE - EA EMPLOYE S 1,000.000 (Mandatary in NH) Iryyeeaa describe antler DE SCRIPTION OF OPERATIONS below LIABILITY ONLY EJ- DISEASE -POLICY LIMIT $ 1,000,000 D BLANKET BUILDERS RISK X A0-BE53LL RISKEXCLUDING QUAKE & FLOOD 6/01/2014 6/01/2015 $2.000,000 MAXIMUM LIMB 31.000. DEDUCTIBLE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be amahed If more space la requbadl CG D2 46 OB 05,CG D3 16 11 11 AS RESPECTS WELL 19 TREATMENT FACILITY - PROJECT #10418 PRIMARY/NON-CONTRIBUTORY ADDITIONAL INSURED STATUS AND WAIVER OF SUBROGATION IF REQUIRED BY WRITTEN CONTRACT TO THE CITY OF MERIDIAN ITS ELECTED OFFICERS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS AS GRANTED BY THE ACTUAL POLICY FORMS ATTACHED TO THE CERTIFICATE. CITY OF MERIDIAN PURCHASING DEPT 33 EAST BROADWAY, SUITE 106 MERIDIAN ID 83642 The ACORD name and logo are registered marks AGORO 25 (2014101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD CORPORATION. C06E221461 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modlnes Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1, WHO IS AN INSURED — (Section II) Is amended to Include any person or organization that you agree In a "written contract requiring Insurance" to Include as an additional Insured on this Cover- age Part, but: e) Only with respect to liability for "bodily Injury', "property damage" or "personal Injury'; and b) if, and only to the extent that, the Injury or damage Is caused by acts or omisslons of you or your subcontractor In the performance of your work" to which the "written contract requiring Insurance" applies, The person or organization does not quality as an additional Insured with respect to the independent acts or omisslons of such person or organization. 2. The Insurance provided to the additional Insured by this endorsement Is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown In the Declarations exceed the limits of liability required by the "written contract requiring Insurance", the In- surance provided to the additional Insured shall be limited to the limits of liability re- quired by that "written contract requiring In- surance". This endorsement shell not In- crease the limits of Insurance described in Section III—Limits Of Insurance. b) The Insurance provided to the additional In- sured does not apply to "bodily Injury", "prop- erty damage" or "personal Injury" arising out of the rendering of, or failure to render, any veying services, Including: I. The preparing, approving, or falling to prepare or approve, maps, shop draw - Ings, opinions, reports, surveys, geld or- ders or change orders, or the preparing, approving, or falling to prepare or ap- prove, drawings and specifications,, and II. Supervisory, Inspection, architectural or engineering activities. c) The Insurance provided to the additional in- sured does not apply to "bodily Injury" or "property damage" caused by "your work" and Included In the "products -completed op- erations hazard" unless the "written contract requiring Insurance" specifically requires you to provide such coverage for that additional Insured, and then the Insurance provided to the addltlonel Insured applies only to such "bodily Injury" or "property damage" that oc- curs before the end of the period of time for which the "wdtten contract requiring Insur- ance" requires you to provide such coverage or the end of the policy period, whichever Is earlier. 3. The Insurance provided to the additional Insured by this endorsement Is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that Is available to the additional Insured for a loss we cover under this endorsement, However, If the "written contract requiring Insurance" specifically requires that this Insurance apply on a primary basis or a primary and non-contdbutory bests, this Insurance Is primary to "other Insurence" available to the additional Insured which covers that person or organization as a named Insured for such loss, and we will not share with that "otherinsurence". But the insurance provided to the additional Insured by this endorsement still Is excess over any valid and collectible "otherin- surance", whether primary, excess, contingent or on any other basis, that Is available to the add[ - an additional Insured under such "other Insur- ance", 4. As a condition of coverage provided to the additional Insured by this endorsement e) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result In a claim. To the extent possible, such notice should Include: CG 02 46 OB 05 ® 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" or offense took place; 11. The names and addresses of any Injured persons and witnesses; and Ill. The nature and location of any Injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" Is brought against the additional Insured, the additional Insured must: 1. Immediately record the specifics of the claim or "suit" and the date received; and 11. Notify us as soon as practicable. The additional Insured must see to It that we receive written notice or the claim or "suit" as soon as practicable. c) The additional Insured must Immediately send us copies of all legal papers received In connection with the claim or "sult", cooperate with us In the Investigation or settlement of the claim or defense against the "suil and otherwise comply with all policy conditions. d) The additional Insured must tender the de- fense and Indemnity of any claim or "suit" to Page 2 of 2 any provider of "other Insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not effect whether the Insur- ance provided to the additional Insured by this endorsement Is primary to "other insur- ance" available to the additional Insured which covers that person or organization as a named Insured as described In paragraph 3. above. S. The following definition Is added to SECTION V. —DEFINITIONS: "Written contract requiring Insurance" means that pad of any written contract or agreement under which you are required to Include a person or organization as an additional In- sured on this Coverage Part, provided that the "bodily Injury" and "property damage" oc- curs and the "personal Injury" is caused by an offense committed; a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement Is In effect; and c. Before the end of the policy period 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described in any of the provlslons'of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage Is excluded or limited by such an endorsement. The following listing Is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what Is and is not covered. A. Aircraft Chartered With Pilot B. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who Is An Insured — Newly Acquired Or Formed Organizations F. Who Is An Insured — Broadened Named Insured — Unnamed Subsidiaries G. Blanket Additional Insured — Owners, Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following Is added to Exclusion g., Aircraft, Auto Or Watercraft, In Paragraph 2. of SECTION 1 — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that Is: (a) Chartered with a pilot to any Insured; (b) Not owned by any Insured; and (c) Not being used to carry any person or prop- erty for a charge. B. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions In Ex- clusion J., Damage To Property, in Para- graph 2, of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Is deleted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A. BODILY CG D3 16 11 11 H. Blanket Additional Insured — Lessors Of Leased Equipment I. Blanket Additional insured — Stales Or Political Subdivisions — Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability — Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY: Exclusions c. and g. through n. do not apply to "premises damage". Exclusion f.(1)(a) does not apply to "premises damage" caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water; unless Exclusion I. of Section I — Coverage A — Bodily Injury And Properly Damage Liability Is replaced by another endorsement to this Coverage Part that has Exclusion — All Pollu- tion Injury Or Damage or Total Pollution Ex- clusion In Its title. A separate limit of Insurance applies to "premises damage" as described In Para- graph 6. of SECTION III — LIMITS OF IN- SURANCE. 02011 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS TION III— LIMITS OF INSURANCE: 1. The following replaces Paragraph 1.b. of Subject to 5. above, the Damage To Prem- SUPPLEMENTARY PAYMENTS —.COVER - lass Rented To You Limit Is the most we will AGES A AND B of SECTION I — COVER - pay under Coverage A for damages because AGE: of "premises damage" to any one premises. b. Up to $2,600 for the cost of ball bonds The Damage To Premises Rented To You required because of accidents or traffic Limit will apply to all "property damage" law violations arising out of the use of any proximately caused by the same "occur- vehicle to which the Bodily Injury Liability rence", whether such damage results from: Coverage applies. We do not have to fur - fire; explosion; lightning; smoke resulting from nlsh these bonds. such fire, explosion, or lightning; or water; or 2, The following replaces Paragraph t.d, of any combination of any of these causes. SUPPLEMENTARY PAYMENTS — COVER - The Damage To Premises Rented To You AGES A AND B of SECTION I — COVER - Limit will be: AGES: a. The amount shown for the Damage To d. All reasonable expenses Incurred by the Premises Rented To You Limit on the Insured at our request to assist us In the Declarations of this Coverage Part; or Investigation or defense of the claim or b. $300,000 If no amount Is shown for the "suit", including actual loss of earnings up Damage To Premises Rented To You to $500 a day because of time off from Limit on the Declarations of this Coverage work. Part. D. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a. of the 1. The following is added to the definition of "oc- definition of "Insured contract" In the DEFINI. cumene" in the DEFINITIONS Section: TIONS Section: 'Occurrence' also means an act or omission a. A contract for a lease of premises. How- committed In providing or falling to provide ever, that portion of the contract for a 'Incidental medical services", first aid or lease of premises that Indemnifies any "Good Samaritan services" to a person. person or organization for "premises damage" Is not an "Insured contract"; 2. The following is added to Paragraph 2.a.(1) of SECTION 11— WHO IS AN INSURED: 5. The following is added to the DEFINITIONS Paragraph (1)(d) above does not apply to Section: "bodily Injury" arising out of providing or fall - "Premises damage" means "property dam- Ing to provide: age" to: (i) "Incidental medical services" any of a. Any premises while rented to you or tem- your 'employees' who is a nurse precti- porarily occupied by you with permission tioner, registered nurse, licensed practical of the owner; or nurse, nurse assistant, emergency medi- b. The contents of any premises while such cal technician or paramedic; or premises is rented to you, If you rent such (II) First aid or "Good Samaritan services" by premises for a period of seven or fewer any of your "employees" or "volunteer consecutive days. workers", other than an employed or vol - 6. The following replaces Paragraph 4.b.(1)(b) unteer doctor. Any such "employees" or of SECTION IV — COMMERCIAL GENERAL "volunteer workers" providing or failing to LIABILITY CONDITIONS: provide first aid or "Good Samaritan ser - (b) That Is insurance for "premises damage"; vices" during their work hours for you will or be deemed to be acting within the scope 7. Paragraph 4.b.(1)(c) of SECTION IV — of their employment by you or performing COMMERCIAL GENERAL LIABILITY CON. duties related to the conduct of your busl- DITIONS Is deleted. ness. Page 2 of 6 02011 The Travelers Indemnlly Company. All rights reserved. CO D3 16 11 11 3. The following Is added to Paragraph S. of SECTION III —LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in providing or falling to provide "Incidental medical services", first aid or "Good Samaritan services" to any one per- son will be deemed to be one "occurrence". 4. The following exclusion is added to Para- graph 2., Exclusions, of SECTION I — COV- ERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the Insured. 5. The following Is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or Instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. 6. The following Is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over any valid and collectible other Insurance available to the in- sured, whether primary, excess, contingent or on any other basis, that Is available to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. E. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION 11— WHO IS AN INSURED: COMMERCIAL GENERAL LIABILITY 4. Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, of which you are the sole owner or In which you maintain the ma- jority ownership Interest, will qualify as a Named Insured if there Is no other insurance which provides similar coverage to that or- ganizatlon. However: a. Coverage under this provision Is afforded only: (1) Until the 180th day after you acquire or form the organization or the and of the policy period, whichever Is earlier, If you do not report such organization In writing to us within 180 days after you acquire or form It; or (2) Until the end of the policy period, when that date Is later than 180 days after you acquire or form such organization, If you report such organization In writing to us within 180 days after you acquire or form It, and we agree In writing that It will con- llnue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily Injury' or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal in- jury" or "advertising Injury" arising out of an offense committed before you acquired or formed the organization. F. WHO IS AN INSURED — BROADENED NAMED INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION 11— WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited [[ability company, that Is not shown as a Named Insured In the Declara- tions Is a Named Insured If you maintain an own- ership Interest of more than 50% in such subsidi- ary on the first day of the policy period. No such subsidiary Is an insured for "bodily injury" or "property damage" that occurred, or "personal Injury' or "advertising Injury" caused by an of- fense committed after the date, if any, during the policy period, that you no longer maintain an ownership Interest of more than 50% In such sub- sidlary. CG D3 16 11111 02011 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 COMMERCIAL GENERAL PABILITY G. BLANKET ADDITIONAL INSURED — OWNERS, H. BLANKET ADDITIONAL INSURED — LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following Is added to SECTION 11— WHO IS The following Is added to SECTION 11— WHO IS AN INSURED: AN INSURED: Any person or organization that Is a premises Any person or organization that Is an equipment owner, manager or lessor and that you have lessor and that you have agreed In a written con - agreed In a written contract or agreement to In- tract or agreement to Include as an Insured on clude as an additional Insured on this Coverage this Coverage Part Is an Insured, but only with re - Part is an Insured, but only with respect to liability spact to liability for "bodilyinjury", 0". "property dam - for "bodily Injury", "properly damage", "personal age", „personal Injuryor"advertisingInjury" that:inJury" or "advertising Injury" that: a. Is "bodily Injury" or "property damage" that a. Is "bodily Injury" or "property damage" that "personal "advertising occurs, or Is "personal Injury' or "advertising occurs, or Is Injury' or Injury" caused by an offense that Is commit - Injury" caused by an offense that Is commit- ted, subsequent to the execution of that con - led, subsequent to the execution of that con- tract or agreement; and tract or agreement; and b. Arises out of the ownership, maintenance or b. Is caused, In whole or in part, by your acts or omissions In the maintenance, operation or use of that part of any premises leased to use of equipment leased to you by such you. equipment lessor. The Insurance provided to such premises owner, The Insurance provided to such equipment lessor manager or lessor is subject to the following pro- is subject to the following provisions: visions: a. The limits of Insurance provided to such a. The limits of insurance provided to such equipment lessor will be the minimum limits premises owner, manager or lessor will be which you agreed to provide In the written the minimum limits which you agreed to pro- contract or agreement, or the limits shown on vide In the written contract or agreement, or the Declarations, whichever are less. the limits shown on the Declarations, which- ever are less. b, The Insurance provided to such equipmqnt b. The Insurance provided to such promises lessor does not apply to any "bodily Injury" or 'property damage" that occurs, 'personal owner, manager or lessor does not apply to: Injuryor "advertising Injury" caused by an of - (1) Any "bodily injury" or "property damage" fense that Is committed, after the equipment that occurs, or "personal injury" or "adver- lease expires. Using Injury" caused by an offense that Is c. The Insurance provided to such equipment committed, after you cease to be a tenant lessor is excess over any valid and collectible In that premises; or other Insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed In the written contract or agreement manager. that this Insurance must be primary to, or c. The Insurance provided to such premises non-contributory with, such other Insurance, owner, manager or lessor Is excess over any In which case this Insurance will be primary valid and collectible other Insurance available to, and non-contributory with, such other In- to such premises owner, manager or lessor, surance. whether primary, excess, contingent or on I. BLANKET ADDITIONAL INSURED — STATES any other basis, unless you have agreed In OR POLITICAL SUBDIVISIONS—PERMITS the written contract or agreement that this in- be to, The following is added to SECTION 11— WHO IS surance must primary or non- AN INSURED: contributory With, such other Insurance, In which case this Insurance will be primary to, Any state or political subdivision that has issued a and non-contrlbutory with, such other Insur- permit In connection with operations performed by ance. you or on your behalf and that you are required Page 4 of 6 ® 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 1111 COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to Include (it) A manager of any limited liability as an additional Insured on this Coverage Part is company; or an Insured, but only with respect to liability for (Ili) An executive officer or director of "bodily injury", "property damage", "personal in- any other organization; jury" or "advertising injury" arising out of such op- that Is your partner, joint venture erations. member or manager; or The insurance provided to such state or political subdivision does not apply to: a. Any "bodily Injury," "property damage," "per. sonal Injury" or "advertising Injury" arising out of operations performed for that state or po- IRical subdivision; or b. Any "bodily Injury" or "property damage" in- cluded in the "products -completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN. ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the In- surance provided under this Coverage Part to you or any Insured listed In Paragraph 1. or 2. of Section 11— Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense Is known by you (if you are an Individual), any of your partners or members who Is an Individual (If you are a partnership or joint venture), any of your managers who Is an individual (If you are a limited liability company), any of your' 'executive offi- cers" or directors (If you are an organiza- tion other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable If It Is given in good faith as soon as practicable to your work- ers' compensation Insurer. This applies only If you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result In sums to which the Insurance provided under this Coverage Pert may apply. However, If this Coverage Part Includes an en- dorsement that provides limited coverage for "bodily Injury" or "property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after Its abrupt commencement, this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are Individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense is known by: L. (a) Any individual who Is: (1) A partner or member of any part- nership or joint venture; The following Is added to Paragraph 6., Repre- sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any Information provided by you which we relied upon In Issuing this policy will not preju- dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal In accordance with applicable Insurance laws or regulations, BLANKET WAIVER OF SUBROGATION The following Is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 111111 0 2011 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 r COMMERCIAL GENERAL LIABILITY If the Insured has agreed In a contract or agree- 3. "Bodily Injury" means bodily Injury, mental ment to waive that Insured's right of recovery anguish, mental Injury, shock, fright, disability, against any person or organization, we waive our humiliation, sickness or disease sustained by right of recovery against such person or organiza- a person, Including death resulting from any tion, but only for payments we make because of: of these at any time. a. 'Bodily Injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY—RAILROADS curs; or 1. The following replaces Paragraph c. of the b. "Personal Injury" or "advertising Injury" definition of 'Insured contract" In the DEFINI- caused by an offense that Is committed; TIONS Section: subsequent to the execution of that contract or c. Any easement or license agreement; agreement. 2. Paragraph f.(1) of the definition of "Insured M. AMENDED BODILY INJURY DEFINITION contract" In the DEFINITIONS Section Is de - The following replaces the definition of "bodily leted, Injury" In the DEFINITIONS Section: Page 6 of 6 02011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 s,!: J! a CERTIFICATE OF LIABILITY INSURANCE 1T D04/1 TYPE OF INSURANCE 04/1012015 012015 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, EVEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER HAM E:CTJay-Pelton PH NE 20 2-2 AX No o AIL 'a elton idahosif.or INBURERe AFFORDING COVERAGE NAIC0 MED EV (Any one person) $ INBURERA: INSURED INSURERS: Contractors Northwest Inc INSURER C: DBA CNI NW INC me Idaho State Insurance Fund 36129 PO Box 6300 :Leu INSURER E Coeur D Alene, ID 8381&1938 INSURER F: COVERAGES CERTIFICATE NUMBER: 35 REVISION MB R' Is 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. ILTR NBR TYPE OF INSURANCE ADDL S POUCYNUMBER POLI TEFF POLICYEMWDDNYVYL XPLIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MAOE El OCCUR EACH OCCURRENCE $ PREMISES E acw nca$ MED EV (Any one person) $ PERSONAL S ADV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE POLICY LIMIT APPLIES PER PRO -LOC JFCT PRODUCTS•COMP/OP AGO S $ AUTOMOBILE LIABILITY ANY AUTO AUTOSNEO AU'ros LEfI HIRED AUTOSAUTOSWNED COM INE03 IT EeevJds 1 BODILY INJURY (Par person)ALL S BODILY INJURY (Per accident) $ PROpat�PE dTY AMAGE S S UMBRELLA LIAR EXCESS LIAR H OCCUR CLAIMS -ME EACH OCCURRENCE $ AGGREGATE E DED RETENnON S D WORKERS COMPENSATION IN AND EMPLOYERS' LIABILITYTORY ANY OFFICERIMEMBERREXC EXCLUDED? ECUTIVE Y❑ (Mandatory In NH) It describe describe under DESCRIPTION OF OPERATIONS Wow MIA 523027 04101/2015 04/01/2016 X WC STATU• X orH- Increased EL LIMIT E.L. EACH ACCIDENT S 500,000 E.L. DISEASE -EA EMPLOYE $ 500,000 E.L. DISEASE -POLICY LIMB I S 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS IVEHICLES (Aeach ACORD 101, Additional Remade Schedule, Ifmom space la required) Well 19 Treatment Facility Construction 25 City of Meridian Attn: Finance 33 E Broadway Ave Ste 106 Meridian, ID 83642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ®1988-2010 The ACORO name and logo are registered marks of ACORD reserved. Bond No. 23029004 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: (Name, legal stahts and address) Contractors Northwest, Inc. R O. Box 6300 Coeur d'Alene, ID 83816-1938 OWNER: (Mame, legal slants and address) City of Meridian 33 East Broadway Avenue Meridian, ID 83642 CONSTRUCTION CONTRACT Date: April 9, 2015 Amount: $650,680.00 SURETY: (Name legal starts and principal place of business) Liberty Mutual Insurance Company 1001 4th Ave Suite 1700 Seattle, WA 98154 Mailing Address for Notices 1001 4th Ave Suite 1700 Seattle, WA 98154 This document has Important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modifrca96n. Any singular reference to Contractor, Surety, Owner or other party shall he considered plural where applicable. Six Hundred Fifty Thousand Six Hundred Eighty Dollars and 001100 Description: (None and location) Well 19 Treatment Facility - Constuction, Project #10418 BOND Dute: April 29, 2015 Not earlier than Construction Contract Date) Amount: $650,680.00 Six Hundred Fifty Thousand Six Hundred Eighty Dollars and 001100 Modifications to this Bond:xl None ❑ See Section t8 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) cx� Contractor orthwest, In Liberty Mutu Insurance CompanySignatu Signature: us r= Name Dr D 6 N HAAGE SOi Nva thy tlrley and Title: CEO L/ and Tide: Attorney -in -Fact (Any additional signatures appear on fire las! page of this Payment Bond.) (FOR INFORbIATIONONLY —Aliens, addims and telephone) AGENT or BROKER: Wells Fargo Insurance Services USA, Inc. 601 W. Main, Suite 1400 Spokane, WA 99201 509-358-3800 S-21491AS 8110 OWNER'S REPRESENTATIVE: (Architect, Engineer or other parry:) V1 § 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 fbmished for use in the performance of the Construction Contract, which Is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indomniites and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment famished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 if there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the 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 famished 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 the Owner against a duly tendered claim, demand, lien or suit. § 6 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 6.1 Claimants, who do not have a direct contract with the Contractor, .1 have famished a written notice of non payment to the Contractor, stating with substandrl accuracy the amount claimed and the name of the party to wham the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included In the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 8.2 Claimants, who aro employed by or have a direct contract with the Contractor, have sent a Clain to the Surety (at the address described in Section 13). § 6 If 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 oblignlion to funUsh a written notice of non-payment under 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 ufter receipt of the Claim, staling the amounts that am undisputed and the basis for challenging any amounts that are 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 7,2 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 shell 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 attorney'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 We Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Band, they agree that all Ponds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 5-21401AS 8110 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are 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 Surely hereby waives notice of any change, including changes of time, to the Construction Contractor to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other then in a court of competent jurisdiction In the stale in which the project that is the subject of the Construction Contractls located or after the expiration of one year from the date (1) on *hlch the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the lost labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction 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 on which their signature appears. Actual receipt ofnodco or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond hes been fitmished 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 sold statutory or legal requirement shall be deemed deleted herefiom 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 famish 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 pursoenfto 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 Concoction Contract; .6 the total amount earned by the Claimant fir 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 dale 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. Tho term Claimant also includes any Individual or entity that has rightfully asserted a claim under an applicable mechanic's Ben 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 terns "labor, materials or equipment" that part of water, gas, power, light, heal, oil, gasoline, telephone service or rental equipment used in the Construction Cootrect, architecture[ 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 lien may be asserted in the Jurisdiction where the labor, materials or equipment were firmished. § 16.3 Construction Contract, The agreement between the Owner and Contractor identified on the cover poge, Including all Contract Documents and all changes made to the agreement and the Contract Documents. 5.2149/AS 8110 § 16.4 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. § 16.6 Contract Documents. All the documents that comprise bre 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 Conlruclor. § 18 Modifications to this bund are us follows: (Space k provided below for additional slgnalures ofadded parties, other than (hare appearing on the cowr'page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Capoate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S•21491AS 8110 This power of Attorney limina the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Not valid for mortgage, note, loan, letter of credit bank deposit, currency rate, Interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call SIM32.8240 between 9:00 em and 4,30 pm EST on any business day. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: Thal American Fire B Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the Slate of New Hampshire, that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the Slate of Masuechusells, and West American Insurance Company Is e corporation duty organized wader the laws of IN State of Indiana (herein collectively called the'Companleay, pursuant to and by authority herein set forth, does hereby following Principal Name: Contractors Northwest, Inc. Obligee Name: City of Meridian Surety Bond Number: 23029004 Bond Amount See Band Form IN WITNESS WHEREOF, [his Power of ANomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been allied thamtothisi8h_dayofNovember 2013. INSUq �tw INSU NlusugA American Fire and Casualty Company ar Rq 5° �° ° Rr Sy y The Ohio Casualty Insurance Company (Oc)oc) �`%"oreLiberty Mutual Insurance Company 9tz� ' -b, 19191991 >Was mmericcaannlInsurance Company 'ACN,/'r-" T?WHrHgT2>; rAb1ANp Y -isy: } } } David ;Carey, Assistant Secretary STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 180 day of Novernber 2013. before me personally appeared David M. Corey, who acknowledged himself to be the Assistant Secrelary at American Fire and Casually Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Ineumnos Company, and that he, as such, being authorized an to do, execute the foregoing Insbumen[ forthe purposes therein contained by signing on behalfol the corporations by himself as a duty authorized officer. I ham hemuntosubscribed my name and affixed my nalodal seal at Plymouth Meeting, Pennsylvania, on Ore day and year first above wd0en. �Q, o�ao21�lnd COMMONWEALTH OF PENNSYLVANIA ti oNotarial SealTeresa Paalells, Notary PubllcBY: PlymouthTvp., Montgomery County Teresa Paslells, otary Public MyCommlsslonExptres March 20,2017 Aln Member Penmylvenle Assorla lon of Ndn a. This Power of Allo executed pursuant to and by authority of the to owing By-laws and Authorizations of American Fire and Casually Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and WaslAmedcan Insurance Compamywhlch resoNlons am now M fug force ande0ad reading as follows: ARTICLE N— OFFICERS — Sectlon 12. Power of Atlomey. Any ol5oer or otherofficial of the Corpomtlon authorized for that purpose In writing by the Chairman or the President and subject to such Imitation as the Chalmran or the President may prescribe, Shell appoint such aaomeysdmfac, as may be necessary to act In behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bolds, rscognlzznces and other surely obligations. Such aBomeys-indecl, subled to the limitations set forth In their respective powers of attorney, shall have full power to bind the Corporation by their signature and exemdloh of any such Instruments and to attach therato the seal of the Corporation. When so executed, such Inahumanth shell be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or allomay. Wool under the provisions of this aNcle may be revoked at any time by the Board, the Chairman, the President or by the officer orofficers granting such power or auONrity. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety ponds and UndedeNrlgs. Any officer of the Company eulhodard for that purpose in wrlling by the chairman or the president and sub)acl to such fimtiegons as the chairman or the president may prescribe, shag appoint such allomeys-In-fact, as may be necessary to act In behalf of the Company to make, execute,seal, acknowledge and deliver as surety any and all undertakings,bonds, recognlzareces and othersuetyobtigations. Such affomeys-In-lacsubled to the limitations set forth In their respective powers of allomsy, shell have full power to Nnd the Company by their signature and execution of any such Instruments and lo attach thereto Ole seal of the Company. When so executed such Instruments shall be as binding es uslgned by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Byiaws of the Company, autlmdaes David M. Carey, Assistant Secretary to appoint such atiomeys- In-lad as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and ati undertakings, bonds, recognhanoes and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a cortlfied copy of any power of attorney Issued by the Company In connection with surety bonds, shall be valid and binding upon the Company with the Same fume and effect as though manually affixed. - i I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fite and Casualty Company,. The Ohlo,Cesually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby eerily that the adgthal power of attorney orwhhh the'fonigolny Is a MI, Into and oned copy of the Power of Niamey executed by said Companies, Is In full farce and afiecland has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals ofsaid Companies this 29th dayol April 2015 eq'pN�`As4� Jp�1N5Ugq Jµt �Nab�'4 JxLINSCUflgA,r �ii�^ 1906 i o 1912 ,e dm 1919 1991 = Y GregoryW. DavenporLAsslstanlSedelary yrI-x, MAM1 p�Cx mij ACMw'�T= y'1 �'HAMT= 3 rNbIAN� T Bond No, 23029004 Document A312TM -2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Marne, legal stains and address) Contractors Northwest, Inc. P. O. Box 6300 Coeur d'Alene, ID 83816-1938 OWNER: (Mance, legal sralas and address) City of Meridian 33 East Broadway Avenue Meridian, ID 83642 CONSTRUCTION CONTRACT Date: April 9, 2015 Amount: S 650,680.00 SURETY: (Marne, legal stapes and principal place ofbrrsiness) Liberty Mutual Insurance Company 1001 4th Ave Suite 1700 Seattle, WA 98154 Melling Address for Notices 1001 4th Ave Suite 1700 Seattle, WA 98154 This document has Important legal consequences. Consullatlon with an attorney Is encouraged with respect to Its completion or modigca8on. Any singular reference to Con(ractor, Surely, Owner or other party shall be considered plural where applicable. Six Hundred Fifty Thousand Six Hundred Eighty Dollars and 00/100 Description: (Maine and location) Well 19 Treatment Facility - Constuction, Project #10418 BOND Date: April 29, 2015 (Not earlier than Consinecrlon Canton! Date) Amount: 5650,680.00 Six Hundred Fifty Thousand Six Hundred Eighty Dollars and 00/100 Modifications to this Bond: 0 None [] Sec Scotian 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Contractors Northwest, Y�Z. Liberty Mul al Insurance Company Name D and Title: and Title: (Any additional signatures appear on the last page of this Performance Bond) (FOR JNFO&VA770NOft P —Name. address and telephone) AGENT or BROKER: Wells Fargo Insurance Services USA, Inc. 601 W. Main, Suite 1400 Spokane, WA 99201 509-358-3800 S-18621AS 6110 OWNER'S REPRESENTATIVE: (Architect, Engineer or ollrer parry:) a § 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. § 21f the Contractor performs the Construction Commel, 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. § 3Ifthem is no OwnerDafault under 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 die Contractor's performance. If the Owner docs not request a conference, the Surety may, within five (5) business days after receipt or the Owner's notice, request such a wnference. If the Surety timely requests a conference, the Ownershall 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 Owne's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed 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 Construction Contract and notifies the Surety; and .3 the Owner hes 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 shell not constitute a failure to comply with a condidon precedent to the Surety's obligations, or release the Surely from its obligations, except to the extent die Surety demonstrates actual prejudice. § 6 When the Owner hus satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 6.1 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 Ownees concurrence, to be secured with performance and payment bonds executed by a qualifhed surety 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 § 6.4 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 Surety 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 on additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Ownersholl be entitled to enforce any remedy available to the Owner. If die Surely proceeds as provided In Section 5A, 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 § 71f the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to Ilia 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 ofdefeellve work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting &am the Contraelues Default, and resulting from the actions or fallure to act of tie Surety under Section 5; and .3 .liquidated damages, or if no liquidated damages are specified In the Construction Contract, actual damages caused by delayed perfbrrnance or non-performance of the Contactor. § 81f the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to ilia amount of Ibis Bond. § 9 The Surely shall not be liable to the Owner or others for obligations of the Contractor that aro unrchildd to the Construction Contract, and the Balance or the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on Otis 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, legul or equitable, under this Bond may be Instituted in any court of competent jurisdiction In the location in which die work or part of the work Is located and shall be Instituted within two years after a decloraOon of Contractor Default or wlddn two years after die Contractor coaled 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 lase, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surely, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 Men 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 herefrom 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 Insv'bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to die Contractor trader the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be 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 behalrorthe Contractor under the Construction Contract. § 14.2 Construction Contract. The 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 Contactor, which has not been remedied or waived, to perform or otherwise to comply with a material term 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 terns of the Construction Contract. § 14.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 16 If this Bond Is Issued for an agreement between a Contractor and subcontractor, the term Contractor In this Bond shell be deemed to be Subcontractor and the tern Owner sboll be deemed to be Contraator. $4S82/AS alto § 16 Modifications to this bond are as follows: (Space Is provided below for additional signatures ofaddad parties, older than those appearing on the coverpoge.) CONTRACTOR AS PRINCIPAL. SURETY Company: (Corporate Seal) Company: (Co)porate Seal) Signature: Signature: Nome and Title: Name and Title: Address Address S-16521AS 8110 Meridian City Council Meeting DATE: May 5, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: CONTINUED DEPARTMENT REPORTS Award of Bid and Approval of Agreement to Post Drilling, Inc. for the "WELL 30 TEST WELL CONSTRUCTION" project for the Not -To -Exceed amount of $249,450.00. MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Date: 4/30/2015 Fund: 60 Department: CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST REQUESTING DEPARTMENT 3490 PUBLIC WORKS GL Account: 96135 Project# 10012.0 Construction: X PSA: Task Order: Project Name: WELL 30 TEST WELL CONSTRUCTION Project Manager: Clint Worthington Department Representative: n/a Contractor/Consultant/Design Engineer: CH2MHILL / Post Drilling, Inc. Budget Available (Attach Report): No Contract Amount: $249,450.00 Will the project cross fiscal years? Yes No x Budget Information: FY Budget: 15 Enhancement#: Grant#: Other: BudgetAmendment Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder X Highest Rated Master Agreement (Bid Results Attached) (Ratings Attached) (Category) Typical Award Yes No X If no please state circumstances and conclusion: Only 1 bidders responded. 3 bidders attended the Pre -Bid Meeting. Bid and procurement were standard with the exception of number of bidders responding The department did not have the funds to award. PW is taking a Budget Amendment to Council 5/5/15 right before this agreement. 10 Day Waiting Period Complete: PW License # 13426 Corporation Status Insurance Certificates Received (Date): Payment and Performance Bonds Received (Date): Yes Current? (attach print out) Goodstanding Date Award Posted: Yes Rating: Rating: March 31, 2015 Builders Risk Ins. Req'd: Yes No x If yes, has policy been purchased? n/a (Only appllcabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: April 30, 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 Holman, City Clerk From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Worthington Date: 4/30/15 Re: May 5'h City Council Department Report The Purchasing Department respectfully requests that the following item be placed on the May 5"" City Council Agenda under Public Works Department Report. Award of Bid and Approval of Agreement to Post Drilling Inc for the "WELL 30 TEST WELL CONSTRUCTION' project for the Not -To -Exceed amount of $249,450.00. Recommended Council Action: Award of Bid and Approval of Agreement to Post Drilling, Inc. for the Not -To -Exceed amount of $249,450.00. Thank you for your consideration. • Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WELL 30 TEST WELL CONSTRUCTION PROJECT # 10012.0 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 5th day of May, 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 Post Drilling, Inc., hereinafter referred to as "CONTRACTOR", whose business address is P.O. Box 588, Weiser, ID 83672and whose Public Works Contractor License # is 013426 -CC -4. INTRODUCTION Whereas, the City has a need for services involving Well Drilling Services; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the 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 WELL 30 TEST WELL CONSTRUCTION page 1 of 12 Project 10012.0 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 $249,450.00. 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. 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. WELL 30 TEST WELL CONSTRUCTION page 2 of 12 Project 10012.0 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 50 (fifty) 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 $150.00 (one hundred fifty 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 City for any delay beyond this time period in the amount of $150.00 (one hundred fifty 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 under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 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 WELL 30 TEST WELL CONSTRUCTION page 3 of 12 Project 10012.0 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 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 WELL 30 TEST WELL CONSTRUCTION page 4 of 12 Project 10012.0 harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East 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 Contractor's 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 insurer's 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. 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 WELL 30 TEST WELL CONSTRUCTION page 5 of 12 Project 10012.0 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: htto://www.meridiancity.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 Post Drilling, Inc. Purchasing Manager Attn: Sherry Young, VP 33 E Broadway Ave P.O. Box 588 Meridian, ID 83642 Weiser, ID 83672 208-888-4433 Phone: 208-585-3411 Email: office@postdrilling.com Idaho Public Works License #013426 -CC -4 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 attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 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. WELL 30 TEST WELL CONSTRUCTION page 6 of 12 Project 10012.0 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 WELL 30 TEST WELL CONSTRUCTION page 7 of 12 Project 10012.0 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. WELL 30 TEST WELL CONSTRUCTION page 8 of 12 Project 10012.0 CITY IBhA TAMMY de W D MAYOR Dated: POST DRILLING, INC. —. SHERRY YOUNG, Dated: Q - 3o - Is Approved by Council: 3�QORnxeo e4c�'a r r Of SFS partment Approval _ rAlKHRRI'-IFIN'STEWARRT,, vEngineering Manager Dated:: 4�I S1 r Purchasing Approval f, o,A' TA BY: KEITH -WATTS, Purchasing Manager Dated:: Project Manager Clint Worthington, Staff Engineer II WELL 30 TEST WELL CONSTRUCTION page 9 of 12 Project 10012.0 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -15-10012.0 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -15-10012.C, are by this reference made a part hereof. WELL 30 TEST WELL CONSTRUCTION page 10 of 12 Project 10012.0 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $249,450.00. Milestone 1 Substantial Completion 50 (fifty) days Milestone 2 Final Completion 60 (sixty) days Contract includes furnishing all labor, materials, equipment, and incidentals as required for the above named project per IFB PW -15-10012.0 NOT -TO -EXCEED CONTRACT TOTAL ....................... 5249.450.00 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 !Quantit No. Description Unit Unit Price Perm itti ng/Mobi lization/ 1 Demobilization/1 LS $24,500.00 Cleanup 2 Install 3/4 -inch Minus Aggregate Work 150 CY $20.00 Pad 3 Direct Mud -Rotary Drilling and Steel 60 LF $300.00 Surface Casingand Seal 4 12 -inch Diameter Drive Shoe 1 LS $700.00 5 Cable Tool Rig Mobilization and Utilization 1 LS $2,500.00 6 Pilot Hole Drilling 940 LF $80.00 7 Geophysical Logging 1 EA $4,500.00 WELL 30 TEST WELL CONSTRUCTION page 11 of 12 Project 10012.0 8 Borehole Reaming 940 LF $34.00 9 Caliper Survey of Reamed Borehole 1 EA $2,250.00 10 Furnish and Install 2 -Inch Diameter 5,700 LF $5.00 PVC Well Casing 11 Furnish and Install 2 -Inch Diameter PVC Well Screen (assume 0.020 -inch 240 LF $6.00 aperture) 12 Furnish and Install Sand Filter Pack 550 LF $20.00 13 Furnish and Install Grout Seals 500 LF $20.00 14 Well Development (includes submersible pump installation for water 40 HR $350.00 quality Sam lin 15 Disinfect and Cap Well 1 LS $3,500.00 16 All Other Work 1 LS $10,000.00 17 Rig time 24 HR $350.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WELL 30 TEST WELL CONSTRUCTION page 12 of 12 Project 10012.0 N F J N W w z z O a 0 m sqn # all Puo9 PI wnpuepp psu6l K O a W IDSOS Viewing Business Entity IDAHO SECRETARY OF STATE Viewing Business Entity Page 1 of 1 Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for POST DRILLING INC. ] [ Monitor POST DRILLING INC. business filings ] POST DRILLING INC. PO BOX 588 WEISER, ID 83672 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 10 May 2012 Origination/Authorization: Initial Registered Agent: SHERRY YOUNG 1239 INDIANHEAD RD WEISER, ID 83672 Organizational ID / Filing C194649 Number: Number of Authorized Stock 100000 Shares: Date of Last Annual Report: 23 Mar 2015 Annual Report Due: May 2016 Original Filing: Filed 10 May 2012 INCORPORATION Annual Reports: Report for year 2015 ANNUAL REPORT Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Idaho Secretary of State's Main Page [ 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 State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo(obsos.idaho.gov hftp://www.accessidaho.org/public/sos/Corp/C194649.html 4/30/2015 eTRAKiT Page 1 of 1 Home I Setup an Account I Log In CODaarlOr V Username Password LOGIN ❑ 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 Concert us Public Works Search P Search Again Download Results Printable View R4 jPrJ Page: 1 of 1 INe4 ';Last Details - License Number: 013426 Lic Registration p: 013426 Issue: 8/15/2014 Expire: 9/30/2015 Type: PUBLIC WORKS Sub -Type: CC Status: ACTIVE Company: Past Drilling, Inc. Phone: (208) 585-3411 Cell: (208) 550 0175 Pager. Fax: (208)549-8112 Owner Name: The Division of Building Sakty, makes every eM1od to produce and PUNIsh the most current and accurate information possible. No waranlies, expressed or implied, are provided for the data herein, its use, or its interpolation Alliance of [his website indicates understanding and acceplance of This statement. 1 -SW 955-3044, 1090 E Watedower St, Suite 150 Meridian ID 03642 HOME I CONTACT https://web.dbs.idaho.gov/etrakit3/Custom/Idaho_PublieWorksSearchRslts.aspx 4/30/2015 Meridian City Council Meeting DATE: May 5, 2015 ITEM NUMBER: 12 PROJECT NUMBER: ITEM TITLE: ORDINANCES Ordinance No. 1�;-I 3 :Ordinance Updating Provisions Of Licensing, Permitting, False Alarm, And Parking Codes MEETING NOTES 9 APPROVED 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 ORDINANCE NO. IS- (q3 BY THE CITY COUNCIL: BIRD, BORTON, CAVE, NER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, REPEALING TITLE 3, CHAPTER 6, OF THE MERIDIAN CITY CODE, REGARDING MASSAGE THERAPISTS; REPEALING TITLE 5, CHAPTER 2, OF THE MERIDIAN CITY CODE, REGARDING OPENING BURNING; AMENDING MERIDIAN CITY CODE SECTION 5-4- 5(C), REGARDING SITE INSPECTIONS FOR PERMITS FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS; AMENDING MERIDIAN CITY CODE SECTION 5- 4-5(D), REGARDING APPLICATION DEADLINES FOR PERMITS FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS; REPEALING MERIDIAN CITY CODE SECTION 5-4-5(F), REGARDING WINTER FIREWORKS SALES; AMENDING MERIDIAN CITY CODE SECTION 5-4-10(B)(9), REGARDING SITE PLANS FOR PUBLIC FIREWORKS DISPLAYS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-10(D) AND (E), REGARDING DEADLINES FOR PUBLIC FIREWORKS DISPLAYS; AMENDING MERIDIAN CITY CODE SECTION 6-3-8, REGARDING FALSE ALARMS; AMENDING MERIDIAN CITY CODE SECTION 3-5-2(B), ADDING A REQUIREMENT THAT NEW APPLICANTS FOR PAWNBROKER LICENSING SUBMIT FINGERPRINTS FOR A NATIONAL BACKGROUND CHECK AND EXEMPTING RENEWING APPLICANTS; AMENDING MERIDIAN CITY CODE SECTION 3-5-2(I) TO CLARIFY THAT EACH PAWNSHOP LOCATION REQUIRES A SEPARATE LICENSE; AMENDING MERIDIAN CITY CODE SECTION 3-5-9(B)(4) TO AVOID CONFLICT WITH OTHER APPLICABLE LAWS; AMENDING MERIDIAN CITY CODE SECTION 7-2-5(C), REGARDING EXCEPTIONS TO PARKING REQUIREMENTS; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Idaho Code Title 54, Chapter 40 now requires state licensure and oversight of massage therapists; WHEREAS, open burning is largely regulated by the Idaho Department of Environmental Quality and permitting by the City is redundant and adds administrative expense; WHEREAS, improvements to the application workflow and deadlines for permits to sell nonaerial common fireworks will improve the process for applicants while meeting the public interest in oversight; WHEREAS, false fire alarms are costly and divert public safety attention and resources from actual emergencies, and should be regulated consistently with other public safety false alarms; WHEREAS, the City Council of the City of Meridian is empowered by the Idaho Legislature to regulate and license businesses, pursuant to Idaho Code section 50-307, and finds that it is in the best interest of the health, safety, and welfare of the people of Meridian to conduct criminal background checks on new pawnbrokers as a condition of licensing, and to clarify that each new pawnshop location requires a separate license, and to ensure that provisions of City Code regulating pawnbrokers do not conflict with any other laws; MASSAGE THERAPIST, OPEN BURNING, FIREWORKS, FALSE ALARMS, PAWNBROKER CODE UPDATES PAGE 1 OF 8 WHEREAS, exempting law enforcement trailers from the parking requirements will best protect the public health and safety; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 3, Chapter 6, of the Meridian City Code, regarding massage therapists, shall be repealed. Section 2. That Title 5, Chapter 2, of the Meridian City Code, regarding opening burning, shall be repealed. Section 3. That Meridian City Code section 5-4-5(C) shall be amended as follows: C. The city clerk or designee shall direct the plafming, building, and police department to review the application, and shall request that the fire chief or designee and the electrical inspector conduct a site inspection at each operation, in order to determine: 1. Whether the proposed operations, activities, and/or uses are in compliance with this chapter and any other applicable laws; and 2. Whether use of such permit by applicant will likely endanger the health, safety, and/or welfare of persons or property. Section 4. That Meridian City Code section 5-4-5(D) shall be repealed and replaced with language to read as follows: D. Complete applications for nonaerial common fireworks permits authorizing the permittee to sell nonaerial common fireworks during the summer sales period shall be filed with the city clerk on or before June 1, or the next business day if such date falls on a nonbusiness day. Complete applications for nonaerial common fireworks permits authorizing the permittee to sell nonaerial common fireworks during the winter sales period shall be filed with the city clerk on or before December 1, or the next business day if such date falls on a nonbusiness day. Section 5. That Meridian City Code section 5-4-5(F), regarding winter fireworks sales, shall be repealed. Section 6. That Meridian City Code section 5-4-10(B)(9) shall be amended as follows: 9. A site plan for the proposed site of the public fireworks display for which the permit is sought, which plan shall comply with the standards set forth in National Fire Protection Association standards (NFPA) 1123 or 1126 and shall include number and diameter of mortars to be discharged and form of ignition to be used; Section 7. That Meridian City Code sections 5-4-10(D) and (E) shall be amended as follows: D. Applications for public fireworks display permits shall be filed with the city clerk at least fet4y five (4-5) thirty 30 days preceding the date on which the proposed public fireworks display is to occur. MASSAGE THERAPIST, OPEN BURNING, FIREWORKS, FALSE ALARMS, PAWNBROKER CODE UPDATES PAGE 2 of 8 E. So long as the application is filed at least f A (4 5) thirty 30 days preceding the date on which the proposed public fireworks display is to occur, the city clerk shall notify the applicant if deficiencies in the application exist and the applicant shall have five (5) business days from the date of the notice to correct any deficiencies. Notwithstanding any such extension or extensions, any application pending required action by applicant within •'i'�30) fourteen (14) days of the proposed public fireworks display shall be denied. Section 8. That Meridian City Code section 6-3-8 shall be amended as follows: 6-3-8: BURCYL ALARM SYSTEMS; DEFINITIONS: A. Purpose: The purpose of this Section is to reduce the number of the false fireburglar and robbery alarms thereby enhancing response time on other critical calls for service. B. Definitions: For the purpose of this Section, the following terms, phrases, and words and derivations thereof, shall have the meaning given herein, When consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and not merely directory. ALARM AGENT: Any person employed by an alarm business whose duties include the installation, maintenance, repair, service, response to, or summoning others to respond to an alarm system. When the alarm system is the sole responsibility of the user and no contractual agreements with another company exist for the maintenance of alarm equipment, the user shall be considered the alarm agent for purposes of this Section. ALARM COMPANY DIRECTOR: Any person who receives an activation of an alarm or alarm system as provided by this Section and then transmits the information to the Meridian City Police Department or Meridian Fire Department. ALARM OFFICER: The Chief of Police of the City of Meridian or his designee or the Chief of Fire of the City of Meridian or his designee. ALARM SUBSCRIBER: Any person who purchases, leases, contracts for, or otherwise obtains an alarm system or contracts for the servicing or maintenance of an alarm system. ALARM SYSTEM: Any mechanical, electrical or other device which is designated or used for the detection of a trespass, burglary, of robbery, or fire within a building, structure, or facility, or for alerting others to a hazard or to the commission of an unlawful act within a building, structure or facility, or which emits a sound or transmits a signal or message when activated and which is designated to elicit a response from the Police Department or the Fire Department. Alarm systems include, but are not limited to, direct dial telephone devices, audible alarms and proprietor alarms. Devices which are not designed or used to register alarms but are audible, visible, or perceptible outside the protected building, structure or facility are not included within this definition. An alarm system includes all the necessary equipment designed and installed for the detection of a trespass, burglary, robbery, fire or other hazard in a single building, structure or facility, or for alerting others to the commission of an unlawful act within a building, structure or facility. MASSAGE THERAPIST, OPEN BURNING, FIREWORKS, FALSE ALARMS, PAWNBROKER CODE UPDATES PAGE 3 OF 8 AUDIBLE ALARM: A device designed for the detection of unauthorized entry or presence on certain premises which generates an audible sound or signal on such premises when it is activated. AUTOMATIC DIALING DEVICE: An alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of an emergency situation that the alarm system is designed to detect. EMERGENCY: Any condition for which the alarm was designed and installed, and which results in a response of police personnel. FALSE ALARM: An alarm signal, message, transmittal, or communication which is activated from an alarm system and which is responded to by personnel of the Police Department or Fire Department for which no emergency situation exists or existed as determined by the responding personnel. False alarm shall not include alarms caused by natural occurrences such as hurricanes, tornadoes, earthquakes, or other extraordinary circumstances determined by the alarm officer to be clearly beyond the control of the alarm subscriber. FIRE DEPARTMENT: The Meridian Fire Department PENALTY STATUS: That status achieved by more than two (2) false alarms within the calendar year beginning January 1 and ending December 31. PERSON: Any individual, partnership, association, corporation, organization of any kind, or any governmental entity or political subdivision thereof. POLICE DEPARTMENT: The Meridian Qty Police Department. C. Alarm Systems Maintenance: 1. Each alarm subscriber shall maintain each alarm system in good working order, and provide the necessary service to prevent malfunctions. 2. It shall be unlawful for an alarm subscriber to allow, permit, or use an alarm system which is not in good working order, or has fallen into disrepair, or has malfunctioned. D. Maintaining A Public Nuisance Alarm; Penalty Fees: 1. More Than Two False Alarms: No person, whether or not an alarm subscriber, shall maintain, operate, use or attempt to use an alarm system which generates more than two (2) false alarms in a calendar year. 2. Pen alt3 Fees: Any l...... system maintained, ooefated, used,or- aRempted to be used ___ .__l_t____ of this Sedion shall be doomed a publie nuisanee pursuant to 1daho Code seetien 50 334. In addition to reimbursement or any other remedy available to the City, the City may charge a impose a penalty fee for each and every false alarm after the two (2) within the calendar year as determined by following the schedule below: Third false alarm within the calendar year $ 25.00 Fourth false alarm within the calendar year $50.00 Fifth false alarm within the calendar year $75.00 Every successive false alarm over 5 within the same calendar year $100.00 MASSAGE THERAPIST, OPEN BURNING, FIREWORKS, FALSE ALARMS, PAWNBROKER CODE UPDATES PAGE 4 OF 8 1. An alarm subseriber who has notiee of his,lher alarm system being deemed a publie faiisanees4W] be assessed •. natty fee i or-da« e t b C2 f this C t' ....,.,�.,.,�..... penalty �� ... ..�......w..� . I An alarm subscriber who has notice of the assessed penalty or for any amount due in reimbursement, shall remit within fifteen (15) days the amounts due to the city. F. Prohibited Alarm Systems: No person shall use or operate an automatic dialing device or any device programmed to initiate and deliver a message or signal to any telephone number belonging to the city. G. Violations: 1. It shall be unlawful to operate or maintain any "alarm system" as defined in subsection B of this section for any purpose other than reporting such trespasses, burglaries, robberies, fires, or other crimes or hazards involving potential .,serious -property loss, bodily injury or death. 2. It shall be unlawful for any person to operate or use a public safety alarm system for any purpose other than that for which it is installed, or for any purpose other than detecting and reporting a trespass, burglary, robbery fire, or other pe fmitc = e pufpese hazard. 3. It shall be unlawful for any alarm agent, alarm subscriber or other person to install, operate or use any "alarm system" as defined in this section which malfunctions due to improper installation or operation and that results in the generation of false alarms. I. Enforcement: The conviction or punishment of any person for violation of the provisions of this section shall not release such person from paying any business taxes, charges, fees, license fees or reimbursement for false alarms due and unpaid at the time of such conviction, nor shall payment of MASSAGE THERAPIST, OPEN BURNING, FIREWORKS, FALSE ALARMS, PAWNBROKER CODE UPDATES PAGE 5 OF 8 any fee or reimbursement for false alarm prevent the criminal prosecution for violation of any of the provisions of this section. All remedies shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy provided by law. J. Penalties: 1. Unless otherwise provided, any person violating any of the provisions of this section shall be deemed guilty of , general .. isde-.,,e..,.,.. and Won onvi_fie thereof-, ball be fined o ...r« � ed in the e fAy jail i b d that permitted RJ ' an infraction, and shall be subject to a fine of $250.00. 2. Each and every false alarm over three (3) within the calendar year shall be deemed a separate offense. Section 9. That Meridian City Code section 3-5-2(13) shall be amended as follows: B. Application For License: An application for such license shall be made to the city clerk in such form and manner as the city clerk may prescribe. Upon receipt of a complete application for a pawnbroker license, the City Clerk shall cause a criminal background investigation to be made and shall refer all applications to the police department for its recommendation. Such application shall be accompanied by an application fee and background check per fee schedule and shall include, but not necessarily be limited to, the following information and materials: 1. The name and address of the applicant, and if a partnership, the names and addresses of each partner, and if a corporation or association, the names and addresses of the principal stockholders, and the name and residence of the operating manager of the business. 2. Whether the applicant has had a similar license revoked by the city or any other city in this state or of the United States or any state of the United States within the past five (5) years. 3. Whether the applicant or any principal or partner has been convicted of any felony or misdemeanor, other than minor traffic violations, the nature of the offense, and the date, and the punishment or penalty assessed therefor. 4. The name and address of each employee of the business and whether that employee has been convicted of any felony or misdemeanor, the nature of the offense, the date of conviction, and the punishment or penalty assessed therefor. 5 Fingerprints taken by the Idaho state police of the applicant except that an applicant renewing an existing license is exempt from this provision. Section 10. That Meridian City Code section 3-5-2(I) shall be amended as follows: I. License Nontransferable: Licenses shall not be transferable, either as to person or place. Each location shall require a separate license. Section 11. That Meridian City Code section 3-5-9(B) shall be amended as follows: B. Contents: Every transaction shall be memorialized in writing and signed by the person with whom the transaction is made. All parties to the transaction are entitled to receive a copy of this written MASSAGE THERAPIST, OPEN BURNING, FIREWORKS, FALSE ALARMS, PAWNBROKER CODE UPDATES PAGE 6 OP 8 record. The Except as otherwise prohibited by law, the written record of every regulated transaction shall include the following information: Section 12. That a new subsection shall be added to Meridian City Code section 7-2-5(C), to read as follows: C. Exceptions: The provisions of this section shall not apply when a vehicle or trailer is parked: (6) For purposes of law enforcement activities by a public agency. Section 13. It is hereby declared to be the legislative intent that the provisions and parts of this Ordinance shall be severable. If any paragraph, part, section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Section 14. All City of Meridian ordinances, or resolutions, or parts thereof, which are in conflict herewith, are hereby repealed. Section 15. That this ordinance shall be effective immediately upon its passage and publication." PASSED by the City Council of the City of Meridian, Idaho, this . ✓ day of May, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this day of May, 2015. APPROVED: ATTEST: �COAQ OMTUO^LCG CIFYp( 1�� Tammy rd, Mayor a E IDIAN cee 14iran, City Clerk pgpp n� R y o,ld` TAF ASp 0.¢v Ps MASSAGE THERAPIST, OPEN BURNING, FIREWORKS, FALSE ALARMS, PAWNBROKER CODE UPDATES PAGE 7 OF 8 Meridian City Council Meeting DATE: May 5, 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 SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 5, 2015 ITEM NUMBER: 14 PROJECT NUMBER: ITEM TITLE: EXECUTIVE SESSION Executive Session Per Idaho State Code 67-2345 (1) (d): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code 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