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2015-07-14
CITY COUNCIL WORKSHOP MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, July 14, 2015 at 3:00 PM 1. Roll -Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X_ Keith Bird O Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Vacated from the Agenda 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Professional Service Agreement for Artwork for Traffic Box Community Art Project: Emmelyn Redd's "The Performer" B. Professional Service Agreement for Artwork for Traffic Box Community Art Project: William Beaman's "I Love My Dog" C. Approval of Award of Bid and Agreement to Performance Systems, Inc. for the "ULTRAVIOLET DISINFECTION IMPROVEMENTS" Project for a Not -To - Exceed Amount of $2,299,172.00. Moved to Item 7 D. Heritage Grove Subdivision No. 2 Waterline Easement E. Ventana Commons Subdivision Sanitary Sewer Easement F. Approval of Task Order 10519.13 to Mountain Waterworks, Inc. for the "WRRF CENTRATE MODIFICATIONS — PRELIMINARY ENGINEERING REPORT" for a Not -To -Exceed amount of $61,680.00 G. Resolution No. 15-1076: A Resolution (VAC 15-007) for the Vacation of a Portion (4'X 24' area) of the 10 -foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the East Boundary of Lot 10, Block 3 Meridian City Council Meeting Agenda — Tuesday, July 14, 2015 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Platted with Staten Park Subdivision Located at 3056 N. Sunny Side Place in the NW '/4 of Section 3, Township 3 North, Range 1 West Boise Meridian, City of Meridian, Ada County, Idaho. H. Professional Services Agreement with The Swirl for Musical Talent for Concerts on Broadway for a Not -to -Exceed Amount of $100.00 6. Community Items/Presentations A. Public Works: Public Works Week Debrief and Check Presentation 7. Items Moved From Consent Agenda A. Item 5C Moved: Approval of Award of Bid and Agreement to Performance Systems, Inc. for the "ULTRAVIOLET DISINFECTION IMPROVEMENTS" Project for a Not -To -Exceed Amount of $2,299,172.00 Approved in the Not - to -Exceed Amount of $1,289,423.27. This two year contract is to be funded over FY15 and FY16. $1,289,423.27 will be funded from FY2015 with the remaining $1,009,748.73 subject to the approval of the FY2016 budget. 8. Department Reports A. Police Department: Transfer of Assets to College of Western Idaho B. Resolution No. 15-1077: A Resolution Declaring Surplus Property and Authorizing the Donation of Certain Police Vehicles to the College of Western Idaho, Nampa, Idaho for the Enhancement of the Law Enforcement Program Approved C. Human Resources: Report from Mayor and City Council Compensation Committee D. Building Division Report: Amendment of Temporary Use Standards for Subdivision Model Homes and Subdivision Real Estate Sales Offices E. Ordinance No. 15-1652: Amendment of Temporary Use Standards for Subdivision Model Homes and Subdivision Real Estate Sales Offices Approved F. Public Works: Safety Program Update G. Public Works: Design Standards Update H. Public Works: Water Rights Transfer Application Meridian City Council Meeting Agenda —Tuesday, July 14, 2015 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. I. Public Works: Discussion of and Request Approval of Task Order 10601.A to Brown and Caldwell for the "WRRF CAPACITY EXPANSION — DESIGN 2015" Project for a Not -To -Exceed amount of $444,699.00 Approved J. City Council Liaison/Committee Updates 9. Ordinances A. Ordinance No. 15-1653: An Ordinance (AZ 15-003 Shelburne Subdivision) for the Annexation and Zoning of a Parcel of Land being Lots 1 and 2, Block 1, Zaldien Zerua Subdivision, as recorded in Plat Book 81 at Pages 8783 through 8784, Official Records of Ada County Idaho, and the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 28 Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Establishing and Determining the Land Use Zoning Classification of Said 30.205 acres of Land from RUT to the R-4 (Low Density Residential) Zoning District Approved 10. Future Meeting Topics 11. Executive Session Per Idaho State Code 74-206 (1)(c): To Conduct Deliberations Concerning Acquiring an Interest in Real Property, Which is Not Owned by a Public Agency Adjourned a Meridian City Council Meeting Agenda — Tuesday, July 14, 2015 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop July 14, 2015 A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, July 14, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, David Zaremba, Joe Borton and Luke Cavener. Members Absent: Genesis Milam. Others Present: Bill Nary, Jacy Jones, Kyle Radek, John Overton, Chris Amen, John McCormick, 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: Appreciate you joining us. For the record it's Tuesday, July 14th. It's 3:00 o'clock. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited. ) Item 3: Community Invocation by - Vacated from the Agenda Item 4: Adoption of the Agenda De Weerd: Item No. 4 -- or 3 or whatever it is, is our adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Item 3 on the published agenda is going to be vacated. Item 5-C has been requested to move that to Item 7. Item 8-B, the resolution number is 15- 1077 and Item 8-E the ordinance number is 15-1652 and Item 9-A, the ordinance number is 15-1653. And with those additions, Madam Mayor, I move we approve the agenda. Bird: Second. Meridian City Council Workshop July 14, 2015 Page 2 of 47 De Weerd: I have a motion and a second to approve the agenda as amended. Can I just get a clarity. 5-C was requested to go to seven? Rountree: Seven. De Weerd: Okay. Okay. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Consent Agenda A. Professional Service Agreement for Artwork for Traffic Box Community Art Project: Emmelyn Redd's "The Performer" B. Professional Service Agreement for Artwork for Traffic Box Community Art Project: William Beaman's "I Love My Dog" C. Approval of Award of Bid and Agreement to Performance Systems, Inc. for the “ULTRAVIOLET DISINFECTION IMPROVEMENTS” Project for a Not-To- Exceed Amount of $2,299,172.00. Moved to Item 7 D. Heritage Grove Subdivision No. 2 Waterline Easement E. Ventana Commons Subdivision Sanitary Sewer Easement F. Approval of Task Order 10519.B to Mountain Waterworks, Inc. for the “WRRF CENTRATE MODIFICATIONS – PRELIMINARY ENGINEERING REPORT” for a Not-To-Exceed amount of $61,680.00 G. Resolution No. 15-1076: A Resolution (VAC 15-007) for the Vacation of a Portion (4’X 24’ area) of the 10-foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the East Boundary of Lot 10, Block 3 Platted with Staten Park Subdivision Located at 3056 N. Sunny Side Place in the NW ¼ of Section 3, Township 3 North, Range 1 West Boise Meridian, City of Meridian, Ada County, Idaho. Meridian City Council Workshop July 14, 2015 Page 3 of 47 H. Professional Services Agreement with The Swirl for Musical Talent for Concerts on Broadway for a Not-to- Exceed Amount of $100.00 De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor, with the movement of Item 5-C to Item 7 and the additional resolution number, I move that we approve the Consent Agenda, authorizing the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 6: Community Items/Presentations A. Public Works: Public Works Week Debrief and Check Presentation De Weerd: Under 6-A is a Community Presentation and I will turn this over to Mr. Barry. Barry: Good evening, Madam Mayor -- or afternoon I should say -- and Members of the Council. It's my pleasure to be here before you and to summarize as we do every year after Public Works Week and give you some highlights of the week's activities, which comprised our seventh annual Public Works Week event this past spring. I have got with me Susie Deardorff. She was the chair of the Public Works Week committee and she is going to do the bulk of the presentation today. This is her first time in front of City Council, so, please, be kind to her. In any event, I wanted to go ahead and start with a little bit of information around the Public Works Week. Turn this on. As I mentioned before, this is the seventh annual Public Works Week event and these activities that accommodate or are associated, rather, with Public Works Week continue to grow and so does attendance, which we are pretty pleased about. Here we go. So, just as a reminder and maybe for folks who aren't really familiar with Public Works Week, there are several purposes behind Public Works Week. First is to call attention to the importance of the activities and Public Works events and infrastructure that go on in the community throughout the year. So, therefore, we want to raise the Meridian City Council Workshop July 14, 2015 Page 4 of 47 community's awareness of these particular activities, plans, programs, projects and services. We want to create team building opportunities between not just the members of the Public Works team, but also members in other facets of the city organization and outside of our organization as well, including public or private agencies, for example, ACHD, Nampa-Meridian Irrigation District, business partners, those who have contributed in kind and also donations and prizes for Public Works Week's activities and as well as community leaders from all across the Treasure Valley. We would like to also celebrate the accomplishments of our staff who have worked in partnership with our consulting and contracting partners to bring forward a number of improvements in the form of infrastructure or services and whatnot and so we want to bring all of this awareness to the members of the community to ultimately give -- or gain support for and understanding of the activities that we have going on in Public Works. And then, lastly, we also like to use this as an opportunity to collect some funds and, then, return those funds back to the community in the excess -- in the form of excess sponsorships. So, Public Works Week is a series of activities that have gone on -- would you mind advancing the slide. We have got problems here. There we go. So, before I get to those specific activities -- sorry about the slideshow here -- I want to recognize the members of the team that really make Public Works Week come alive. As I mentioned, Susie Deardorff, this was her first year as the Public Works committee chair. I think she did an outstanding job. Of course Kyle Radek has done it for years and years and years and those are, of course, very big shoes to fill and we appreciate all he has done. He remained on the committee as well. We also had a number of other staff, close to 16 or so here. Emily Skoro, Austin Petersen, David Allison, Garrick Nelson, Diana Russell, Laurelei McVey, Dean Stacey, Connie Moon, Doug Scofield, Carl Edgerton, Alex Freitag and David Miles. A lot of those names are new and what's exciting and really opportunistic about putting together Public Works Week is that a lot of new members of the Public Works Department are brought into and quickly learn about the activities of Public Works by getting involved in helping to plan the events for the Public Works Week activities. So, as you know this year we had a ribbon cutting. The Wastewater Resource Recovery Facility was pretty well attended. We had a lot of great feedback from that. A beautiful facility, which we appreciate your support and guidance on. Outstanding wastewater treatment facility. We had the proclamation read on Tuesday. On Wednesday we had the Expo, which was attended by more than a thousand people is the estimate, which is the largest attendance we have had since we started the Expo. Thursday of the week -- this was, again, the first week of June -- we had the Go With The Flow tour. This year the bus was full again and we had a waiting list. We appreciate Republic Services for sponsoring the bus and all of the lunches or dinners, rather, that went with that. Friday we had the golf scramble. We had about 78 players and about 18 teams, which was great. Raised a lot of money through that event. And, then, Saturday we had the Poop Scoot fun run. We had close to 150 participants and we raised almost 300 pounds of food for the Meridian Food Bank, which we will be donating. So, we are pretty excited about these activities. Attendance continues to grow. Interest continues to grow. And Meridian City Council Workshop July 14, 2015 Page 5 of 47 the feedback that we get from these activities continues to improve. So, to get to -- to talk about all the really fun stuff here, I'm going to turn it over to Susie, who will walk you through some of the highlights of the events and give you a couple snapshots of statistics and also some pictures of -- of the week's activities. So, Susie, ready? Here you go. Deardorff: Madam Mayor, Members of the Council, this year's theme was Community Begins Here. Public Works Week is a series of events that require participation from our consultant community in order to educate and inform our resident community. The merchant community -- over 40 organizations contributed via prizes, money, or in-kind donations. We had 13 sponsors who contributed money and ten additional consultant organizations participated in our golf scramble. Of those sponsors 12 were major sponsors who donated 200 dollars or more. In total the proceeds from the donations and all event participation garnered $8,942.73 in donations. Each year we budget 3,500 dollars in our Public Works advertising, promotional, and public education and budget for this event. That is equivalent to 1/10000ths Public Works total budget. That's a very minor cost compared to the huge benefit we gain. Some of those benefits are the invaluable education about the Public Works infrastructure and the services we provide. It also provides team building opportunities within the department and within the city staff. Provides relationship building with the community and because of the support and contributions from our consultants, we are able to provide community support. This year that support, after all expenses, amounts to $3,287.26, going to three different local causes. The Meridian Food Bank, the Parks Care to Share program and, then, Meridian CARES utility payment assistance program. We always request feedback from attendees at some of the events. At the Expo we had 119 events -- 119 responses, the highest ever we have received. Out of those 84 percent said that the event was excellent. The remaining six percent -- or 16 percent said it was good. The fan favorite at the Expo where the big trucks and the wastewater and water demos. At the tour we had 38 responses. That's over 73 percent of the attendees responded. Eighty-nine percent of those responses said it was excellent and 11 percent said it was good. In total we had no negative responses to all the events, because they are just awesome events. I'd like to read you some of the feedback that we received. This is from a city employee not from the Public Works Department, who emailed us. They said: I came to the Public Works Department for another fantastic, enormously successful Expo. Yesterday was fantastic. I heard many comments from parents saying they looked forward to bringing their families every year and many additional comments from first time attendees who were amazed by all there was to see and learn and do. All your months of planning and much work behind the scenes make it run like a well oiled machine year after year. We had a Facebook message regarding the tour. Kudos and thanks to the water and wastewater departments and for the great Go With The Flow tour. My husband and I had a great time and it was very evident that the employees were having just as much fun. Great night for all. We had an attendee on the tour send us an email. Meridian City Council Workshop July 14, 2015 Page 6 of 47 Congratulations on a most informative and engaging tour. I had anticipated that I would learn a lot, but I didn't expect that you would make the process so fun. Your preparation and attendance -- attention to making the tour as comfortable as possible was most impressive. The presentations and host at each site presented the technical information in language that the public could understand. Plus also fielded questions with patience and thoughtfulness. I am confident that others left like me with an increased appreciation for what you do and how the city serves its citizens. And, finally, a consultant posted on their blog about the events of the week. Our group had a great week visiting with the public -- City of Meridian during their seventh annual Public Works Week. It has been very exciting to see this event grow over the years. The week started with a ribbon cutting at the new Wastewater Resource Recovery Facility Administration Building and laboratory. Wednesday evening the city put together a very well attended Public Works Expo with food, music, and live demonstrations. Filling up water pipes, fire hydrant flow test, and many more and was followed by a 3K-5K fun run Saturday morning. We really enjoyed all of the events and the dedication of Meridian staff definitely showed. Thank you, Meridian, for another exciting week. We look forward to participating again next year. If you haven't joined us in previous Public Works activities, we encourage you to join us next year. But as we say a picture is worth a thousand words, so I have a few thousand words to show you. (Video played. ) Barry: Thank you very much and I have all the credit to Susie for putting that wonderful presentation together. You know, I recognized earlier the staff that were on the committee for Public Works Week, but to be quite frank with you, as great a job as they do, this event would not be possible without the entire all- hands-on-deck contribution of all the staff in the Public Works Department and so I am truly grateful for -- all of the staff in the department contributed and stepped up and spent hours planning and contributing their time and effort into making this probably one of the best Public Work Weeks we have had since the inception, so I'm very, very grateful to them and I appreciate them for being here as well tonight. We were proud to raise 277 pounds of food for the Meridian Food Bank, but in addition to that we also raised $2,191.51 of donations for the Meridian Food Bank that I'd like to go ahead and present to Dan Clark. I have asked him to be here. Mayor, if you wouldn't mind joining me, we could present this check. Susie, if you wouldn't mind. De Weerd: I think Susie -- I think your committee should be there. I didn't do anything. Barry: Well, you're much better looking than the rest of us, so -- De Weerd: Hardly. Meridian City Council Workshop July 14, 2015 Page 7 of 47 Barry: Yeah. So, if we have committee members, too, that would like to come up. We would like to go ahead and present Dan Clark, executive director of the Meridian Food Bank, you know that we have been a strong supporter for the food bank for years and years. It's our pleasure to be able to present to you tonight this check. Come on up you guys. There you go. So, Dan, thank you on behalf of the entire Public Works Department and Public Works Week committee, which is -- you're being joined here by, 2,191 dollars and some change raised for the Meridian Food Bank. We are very, very pleased for your participation. You had a number of staff that came out as well and ran the Poop Scoot and -- right? Thank you. Great. Thank you all very, very much. Just two other announcements. This year we were able to support two other charities, if you will, that we were wanting to just inform you of the dollar amounts. We chose also to support the Care to Share program with a donation or $438.30. This is the parks activity scholarship program, which is, essentially, all but exhausted. So, we felt that there was an opportunity for us to divert some of the proceeds that we had from Public Works Week into this particular donation bank. I have been told by the Parks Department that that donation that I just mentioned will have an impact on up to -- be able to send up to 22 kids to a full day of camp this summer or, alternatively, up to 44 kids to help them enroll in some sort of park activity and help offset the fees. So, we are pretty pleased about that. Lastly, we also supported the Meridian Care program. This is not widely known, but this is our utility building Care program that we partner with El-Ada on to help low income families be able to pay for up to a 125 dollars per year their utility bill to help offset some of the -- some of the costs of their utility bill. So, we will be donating that back into the -- that particular fund and that amount is $657.45. So, we are pretty pleased with the week's events and also the partnerships that we were able to forge and very much appreciate certainly your support and definitely the support of our business community and our engineering and consulting partners who make this, along with our staff, an exciting and fun event for the community. So, we will stand for any questions that you might have. De Weerd: Tom, I think it would be nice if you could share your PowerPoint presentation with your sponsors to let them know the community that they have touched in terms of raising the awareness of what Public Works does. We know that you're one of the best kept secrets and we appreciate that, because usually when people realize there is Public Works it's not a good story and so I think it would be really helpful for them to know not only the community outreach piece of this, but the -- the benefactors of their sponsors with the three different charities that you mentioned and I also might mention, too, Council Members that were at the Association of Idaho Cities conference did hear this, but the Public Works Week was mentioned in a presentation that gave kudos to what Meridian was doing in terms of Public Works Week and providing transparency, community outreach, and a model of communication as to what Public Works really does do and the importance it has in a community. So, that was a big kudos to you and your team for what you do and I had several cities come up to Meridian City Council Workshop July 14, 2015 Page 8 of 47 me afterwards and I asked what it all entailed and so you are setting the bar for other communities as well. Barry: Thank you, Mayor. And I appreciate the suggestions. We will try to include the presentation and our thank you letters to the sponsors as well. Great idea. De Weerd: Thank you. Any questions from Council? Cavener: Madam Mayor? Just one. Susie, Tom, great presentation. Very fitting of a great Public Works Week. I just was curious, is Meridian the only municipality in the state that does something like this or are there other communities across the state that are replicating what we are doing? Barry: That's a great question. I'm not familiar with any other public works organization that is participating and certainly not any to the event -- or to the extent that we are. I know that Lewiston is an accredited American Public Works Association agency, but I don't know if they have embraced Public Works Week. So, that might be an outlier that I'm not familiar with, but the colleagues that I am members with on the Association of Idaho Public Works Professionals have never spoken up or alluded to the fact that they have events like this going on. I know that Nampa is looking and has been for some time into starting a Public Works Week and Boise seems to have been interested as well, but I'm not aware of any other public works agency doing what we are. Cavener: Thank you. De Weerd: Well, as I -- as we continue to see the grain of the workforce in terms of trying to get excitement among the kids in terms of what it is and it could be a future career, I hope that we are building the possibility of a workforce that someday we will need. Barry: Yeah. Definitely. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Tom, the outreach and transparency that the Mayor mentioned is fantastic. It's just such an obvious benefit and to the point of other communities asking perhaps how they might be able to replicate it themselves, could you -- if you haven't done it already, can you compile the amount of staff time expended to provide this great event? I know it's probably quite substantial, but just to get our head around really what it does take if somebody else wanted to put on something like this and lets us know, you know, the magnitude of work that's been provided to provide this benefit. Meridian City Council Workshop July 14, 2015 Page 9 of 47 Barry: You bet. I'm not sure that I can pull accurate numbers this year, since we didn't necessarily keep them. It's just something that churns in addition to our other assignments that go on, you know, throughout the month leading up to the Public Works Week activities. You know, we start these planning activities back in January. So, you know, it starts with simple meetings and we have developed, as you might imagine, some SOPs and a lot of documentation in around how to put the event on, so that when other people step into the role of chair or into a certain subcommittee, like the tour subcommittee or whatnot, that they know kind of generally what they need to do, where they need to outreach to so we have kind of streamlined and made more efficient the planning and not to suggest that it doesn't take an enormous amount of time to put together. But that's something that we could look to next year and perhaps trying to track hours in a little bit more precise way, other than just rough estimates that we, you know -- I don't know that we have any kind of certainty around at this point. Borton: And -- Madam Mayor? And a rough estimate is really all I'm looking for, not necessarily right now, but you can send that out after this meeting -- Barry: Sure. Borton: -- to kind of guesstimate as best you can. Barry: You bet. Borton: Just gives us a ballpark figure to appreciate how much work goes into it. Barry: Yeah. You bet. Sounds good. De Weerd: Okay. Again, thanks to the team. I think the efforts that you put into this multiplies over and over and over again among the customers and one thing I hear time and time again is the pride that our employees take in our facilities and maintaining the community assets and just pride in your work. So, your behind the scenes for the most part. This gives people a glance into what you do and the kind of employees that we have. So, thanks again. Barry: Thank you, Mayor. Thank you all. Borton: Thanks. Item 7: Items Moved From Consent Agenda A. Approval of Award of Bid and Agreement to Performance Systems, Inc. for the “ULTRAVIOLET DISINFECTION IMPROVEMENTS” Project for a Not-To- Exceed Amount of $2,299,172.00 Meridian City Council Workshop July 14, 2015 Page 10 of 47 De Weerd: Okay. Items moved from the Consent Agenda was 5-C and -- Bird: I have got a question on this, where as coming through on the Consent Agenda we are asked to award a contract for 2.3 million dollars and we only have 1.3 million in the budget to cover it at this time and get the rest of it in the FY-16. I -- to my knowledge we have never done that. Most of the time we would have had it put in, but I know we went past it with the budget amendment and I have a hard time voting for something, ask my Mayor to sign, to stick our neck on the line if we don't have the money to cover it. I realize that it's probably ninety-nine and nine-tenths percent sure that it will be in the FY-16 budget, but by the same token right now you don't have 2.3 million to cover this contract that you want us -- you want us to approve it so the Mayor can sign. So, that's a problem for me. I will let anybody else speak. De Weerd: Well, maybe we could ask first for an overview. Stewart: Yes. Thank you. Madam Mayor, Members of the Council, this is really fairly simple. We actually do in -- especially this time of year when we have major contracts that are going to bridge two or three -- sometimes three different years, we actually do have contracts where we -- we don't actually contract for the whole thing, the contract is written up that way, but there is a clause in the contract that says you're only authorized to do work up to the amount that we currently have in the budget and that the remainder of the work is contingent upon Council approval for the budget for the next year. That's been done multiple times, so this is not the first time that has been done and that is exactly the kind of language that is in this contract. So, the contract is written up, because we have an amount of money that we can allow them to get started on the project and the contract only authorizes them to do work up to the amount that we have in this year's contract. They have milestones that basically stop them at a point where it will pause and -- if they get there early and it will pause and, then, the -- if the budget is approved for the following year they will be able to continue. So, we are not asking you to approve the dollars for next year, they are in next year's budget, only to contract which specifically states that they are only authorized to spend up to the amount of money that we have this year in the budget. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Okay. And what -- why are we advertising on the agenda the full amount and not -- and running it through -- well, that's our fault for running it through on the Consent and this not being explained for the deal. I guess if it's been done before that way I suppose it's happened, it's just going through and we haven't questioned it, so -- Meridian City Council Workshop July 14, 2015 Page 11 of 47 Stewart: When we -- excuse me. Madam Mayor, Members of the Council, when we went to the just-in-time financing model a few years ago we knew that this was going to be the case, that we would have situations where contracts would span across yearly boundaries and because we were only authorizing expenses for that particular year that we would have this situation that would arise and we worked with Finance and Keith has worked hand in glove with us to find a solution to that and that solution was to write this type of contract, so that we could bid the work out, get the contractor started on the work, but insure that we were not authorizing them to do work that we hadn't had budgetary approval for. So, this is the -- the mechanism that allows us to do that on these major multiple year projects. And, like I say, it's been -- it has been done on a few occasions. We don't -- we try and avoid it if we can, just because it makes things simpler, but when you get these large projects that cross sometimes one or two or even three years, you have to find a way to write those contracts, but insure that they don't spend more than we have authorized to do. De Weerd: Well -- and, Warren, I see that it's in the packet that's provided to Council, but if it could be a little bit clearer in the summary sheet, that might have -- have helped. I know Emily put it on here that it's a two year -- a two year project. I can't find it. I know I just saw it. But, you know, if that could be a little bit more towards the top in the middle form, so maybe we could have posted it a little bit differently on the agenda. Stewart: Certainly. De Weerd: So, you know, for clarity on this, this is a two year project. Currently there is just the 1.289 and et cetera -- yeah, but -- and that's what you would be authorizing for this year and the following year is in the budget request to make up the remainder. Stewart: Correct. Zaremba: Madam Mayor? De Weerd: And many of the Public Works projects are funded over a series of years and -- Mr. Zaremba. Zaremba: I didn't realize you had more to say. I'm sorry. De Weerd: That's okay. Zaremba: I'm ready to make a motion. De Weerd: I will shut up. Zaremba: If we are ready for a motion I'm ready to make it. Meridian City Council Workshop July 14, 2015 Page 12 of 47 Borton: Madam Mayor, before that real quick. De Weerd: Mr. Borton. Borton: Where is -- for this and maybe future reference, where is that clause found in these contracts now specifically? Yeah. Maybe Keith knows. De Weerd: In the contract. Borton: I'm looking at it. De Weerd: Okay. Nary: Section 3. Borton: You will point it out quicker. Nary: Section 3. Madam Mayor, Members of the Council, it's in Section 3 of the contract. Watts: Yeah. We -- just for your information, when we do these projects like this, we actually -- at our pre-bid meeting we let all the contractors know that this project is being funded in two years and there is only X amount of dollars that -- we give them the number that is stated that's available for this fiscal year and no guarantee of next fiscal year. The budget could be put on hold. That's the method. When you do just-in-time financing that's the only way you can move forward with these projects. So, the contractor knows about it at the pre-bid meeting. They are aware of it when we write the contract and I have worked with Ted and Bill who have come up with that funding language to put in the agreement. De Weerd: It's on page two of the contract. Borton: That's -- that's the only reference? Watts: That's it. Borton: All right. Watts: And it's in the bid documents when we go out to bid. Borton: Okay. Bird: Madam Mayor? Meridian City Council Workshop July 14, 2015 Page 13 of 47 Rountree: Madam Mayor? Bird: Oh. Go ahead. De Weerd: Mr. Bird. Rountree: It seems to me the motion on this particular item needs to clarify that issue. We cannot approve that amount of money not to be exceeded this year with this motion, but the motion can break it out that we approve the amount for this year, with the understanding that the remainder in total up to the amount can be taken care of if and when it's approved for the next fiscal year's budget, but I think -- however, the motion needs to recognize that we are not approving -- Watts: The full dollar amount. Rountree: Which is, essentially, what this item says and we can't do that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: That was -- that was my big point is when you put it on the Consent without the money we are approving two point -- basically 2.3 million dollars for this job right now. De Weerd: And I hope that was -- that was my point is when we put it in the agenda that we pull the amount we are asking you to approve. Okay. Mr. Zaremba. Zaremba: Madam Mayor, I will try and incorporate that thought. That was my plan. I move we approve the award of bid and agreement to Performance Systems, Inc., for the ultraviolet disinfectant -- disinfection improvements project for a not to exceed amount, over this current year and next year of 2,299,172 dollars and no cents, with the acknowledgement that a portion of -- approximately a million dollars of that is in next year's budget, subject to approval for -- for next year's budget and authorize the Mayor to sign and the Clerk to attest. De Weerd: Thank you. I have a motion. Do I have a second? Cavener: I will second it. De Weerd: Thank you. Any discussion? Madam Clerk, will you call roll. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council Workshop July 14, 2015 Page 14 of 47 Rountree: I think the intent's there, but it's not very clear to me. We still are approving 2.2 million with that motion. I think we approve 1,289,423.27 and recognize that the remainder of the contract of 2.299 will be under consideration in the 2016 budget. De Weerd: I -- that's what I heard from that motion, but -- Zaremba: That may have been a clearer way to say it than I said it. I'm happy with that amendment if -- De Weerd: Does second degree? Cavener: Second would gladly agree. De Weerd: Okay. Any further discussion? Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Department Reports A. Police Department: Transfer of Assets to College of Western Idaho De Weerd: Under 8-A we have a Department Report from our Police Department and I will turn this over to Lieutenant Overton. Overton: Madam Mayor, Members of Council, you should have in front of you the asset disposal forms for three of our police vehicles that were marked for disposal this year. The intent here is instead of going our normal route of disposing of those vehicles, to donate them to the College of Western Idaho law enforcement program. I will say, though, all these vehicles, when they hit the one hundred thousand mile mark -- and that's only part of the story as you know with a police vehicle -- most of the training uses the College of Western Idaho plans to use these for, the vehicles will not actually be moving, which we did suggest as probably the best way to use these vehicles at this point. We are developing a very strong partnership with the College of Western Idaho. The person running their training program for law enforcement section is the retired police chief from Nampa PD Leroy Forsman and we have had a relationship with him for 20 plus years and continue to look at ways that we are going to partner and have plans we will be bringing forward later as we open the public safety Meridian City Council Workshop July 14, 2015 Page 15 of 47 training center on things we are going to do with them in the future as well. So, with that this is to donate those three cars to their program for their students in the law enforcement program and with that I will stand for any questions. De Weerd: Thank you. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Will the normal process of decommissioning the vehicles with removing of all the reference to police and Meridian and all that stuff take place so that they are going to go over there without the radios, et cetera? Overton: That's correct. We will use every piece of equipment that we can and we never let anything get away with the name Meridian on it when we get rid of them. Rountree: Cool. B. Resolution No. 15-1077: A Resolution Declaring Surplus Property and Authorizing the Donation of Certain Police Vehicles to the College of Western Idaho, Nampa, Idaho for the Enhancement of the Law Enforcement Program De Weerd: Okay. Any further questions? Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing how Genesis isn't here, I move we approve Resolution No. 15- 1077, declaring surplus property and authorize the donation of police vehicles to College of Western Idaho. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-B. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council Workshop July 14, 2015 Page 16 of 47 C. Human Resources: Report from Mayor and City Council Compensation Committee De Weerd: Item No. 8-C is under our HR Department and I will turn this to Patty. Perkins: Good afternoon, Madam Mayor and Members of Council. Thank you. You have before you I believe a memo written by Mr. Nary and myself. Actually, I didn't write it, but he -- my name is on it also -- to talk about compensation for elected officials. As you are aware we need to set the compensation for elected officials each -- Borton: No memo. Perkins: There is no memo? Bird: We don't have it. Nary: I don't know why, Madam Mayor, Members of the Council. We had a memo that I submitted and I don't know where it went, but I noticed just now that it's not in your package. So, I will go make copies and hand that out to you as well. Perkins: Okay. I will go through a little bit more details on the memo then. Sorry. We are going to talk about your money. Bird: That's not only smart, but I thought I could -- Perkins: I apologize. I thought it was in your packets. Anyway, as you -- as you are aware, we are to set the compensation each election year for the next two years and we did so at your direction with a committee. Two of those members are in the audience and I want to thank the members of the committee. We had Rob McCarvel from United Heritage and current chairman of the Meridian Chamber of Commerce. David Ballard, a member of the Meridian Traffic Commission. We had a citizen Thomas Sauer and Brad Hoaglan, obviously, a former City Council Member, and Matt Stoll, the current Parks and Recreation Commission chair as part of our committee. Bill Nary and myself attended. We met twice and we went over a good deal of detail and information in preparation for this recommendation I want you to know. We reviewed a report from the Association of Idaho Cities that gathered the pay and benefit information from most of this city members and we compared through some other analysis and data surveys some targeted cities' compensation and benefit information. We got -- gathered some information on city manager and administrator salaries. We looked at just the -- the pay and benefit philosophy and what -- what the recommendation is for the employees and used all of that information to have a very rich conversation about how we should proceed with -- with compensation Meridian City Council Workshop July 14, 2015 Page 17 of 47 for the elected officials, realizing that -- that setting for officials that we may not yet know, but when considering the growth in the city and how it continues -- considering the community needs and how that will clearly translate to even more work on behalf of the elected officials, felt that that was very much in -- something that we should consider in identifying the future compensation for you all. After due consideration the committee makes the following recommendation to the City Council for the elected officials compensation for 2016 and 2017. First there are six bullets that I will read. The Mayor and the City Council's compensation for salaries be increased up to five percent per year for the next two years and that would, then, increase the Mayor's salary up to 86,625 in 2016 and, then, up to 90,956 in 2017 and that would increase the Council Member salaries to 10,500 in 2016 and, then, up to 11,025 in 2017 and the Council President should receive an additional ten percent above the Council Members' salary while serving in that position and that the Council President would, then, receive up to 11,550 in 2016 and up to 12,100 in 2017. Pardon me. Elected officials shall still continue to receive benefits in the same amount that they currently receive and the recommendation of the committee was unanimous and I will turn this over to Mr. Nary for the next procedural instruction. Nary: So, Madam Mayor, Members of the Council, so what we would be seeking to you -- and I don't know if Mrs. Perkins also mentioned, we do have two members of the committee here as well. So, the -- the next part of the process is we just need direction from you. There is two ordinances that have to be amended if you choose to do so. One is the compensation for the Mayor and the other is compensation for Council Members. We need to bring those in -- this will also be part of the budget -- included as part of the budget if you direct that next week. But, then, ultimately, we will bring an ordinance back in front of you to amend those two code sections to reflect whatever direction you have from the committee's recommendation. De Weerd: This is the first I have seen of this, so I'm not sure I can put my head around it. So, part of the discussion -- you know, I hesitate to give the Mayor or City Council Members more than what we are willing to give to our employees and so I guess was that a discussion? If I could get a little context behind that. Perkins: Actually, there was some discussion around that and -- pardon me -- I did tell them that I had recommended a three percent merit pool and they felt that given that information and based on the performance of the Mayor and Council, that they would take that as a baseline and rate you as essentially superior in your role. That's my wording. But considering the amount of work and the really success of the city and they felt that they -- that even on a merit bases that they would increase that to five percent and that's why they said up to, but that was part of the discussion. Nary: Madam Mayor, if I could also add onto that. Part of the discussion by the committee was not just the past performance, which they recognized. I think like Meridian City Council Workshop July 14, 2015 Page 18 of 47 Mrs. Perkins just said that it was superior, but also they recognize going forward over the next two years, since we can't adjust compensation except for during the election cycle, that they anticipated that the city will only grow and continue to grow, so the work and demands of the public of the elected officials of our community are only going to increase and the time necessary to perform these jobs, both for Mayor and Council, will only get to be larger and more engaged. So, they anticipated the future that it would be more than it is today. They have also recognized in the past that the work that's been to this point has also been outstanding. So, that really was the reason the committee had chosen that up to number was based on what was provided to employees, as well as what they believe their recommendation on the performance that's occurred so far. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Granted it is an election year, but I'm at least one individual up here that's not particularly concerned about that. With respect to the recommendation, first, I appreciate the committee's effort and the previous committee's efforts to look at compensation for the elected officials. In my mind the recognition that was just stated is -- is sufficient for me and I have said it in the past and I will continue to say it, that I'm not here for the pay. If I was I wouldn't be here. It pays for gas and other sundries and that's about it, by the time taxes and Social Security and everything else comes out, so -- and I say this in all honesty, I -- I appreciate the recognition. I would have the same concern if I were in a position to benefit from this, that we would be compensated greater than the employees. I think the employees are going to be asked to do more maybe with less in the budget years to come and possibly this budget year. So, though I appreciate the effort and I appreciate -- I really appreciate the recognition and to me, like I said, that's -- that's sufficient pay. I will go along with what the rest of the Council would like to do in terms of this recommendation, but my two cents is that if you do anything you ought to put yourself in the same shoes as the employees and/or something less. Let's set an example of what we're preaching, as opposed to what we are anticipating. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I thank you guys on the committee. I appreciate the thought of -- of being -- us doing a great job and I believe we do. That we do. I have no problem with raising the Mayor's, but I -- I'm the same as Councilman Rountree, if we get any -- if we get any raise at all it can't be more than our employees. You know, we get -- we get the benefit package and that stuff, which is very nice for -- for all of us, but I just -- I just don't feel right now that councilmen should take a greater raise than what the employees do, but I thank you guys for everything you did, Meridian City Council Workshop July 14, 2015 Page 19 of 47 the nice kind words you said and -- but right now -- I mean we could -- we got a week to think about it and it just hit us, but I -- in fact, this is about the first time I have agreed to even a raise, so -- I would not recommend anything over what the employees get. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would chime in also with my appreciation to the committee. The last several times this has come up the committee has recommended raises, both for the Mayor and for the Council and -- and I'm one of those that said, well, we are not doing this for the money, so a raise isn't important to me. I do believe, even in this case, the amount of time and effort that the Mayor puts in justifies this salary increase and I have even said at times that I thought the Mayor's salary ought to be a dollar per citizen according to the -- either the census or COMPASS's projections. So, I'm fully in favor of that raise. Two years ago we did vote in favor of the raise that was recommended and my thinking at that time was we needed to encourage some younger people to apply and campaign for this job and knowing family situations of younger people, although us three old farts didn't need to earn anything more, I have felt it was justified. But younger people who were building a career and dealing with their families needed to work towards a little more and particularly as more and more work happens and that will continue. I guess I am on the side of not raising the Council's fee again. Although I'm glad it will be looked at two years from now again. With the exception of -- I also have been in favor in the past of the Council President receiving a bonus. I don't know if that's the right word, but there is more work to what the President does than what the rest of us do. Two years ago when this was up, when Councilman Rountree was aware that he was going to be President, he declined having that raise made, but that job passes around every other year or so and I would -- I would say the two elements that I would be in favor of would be the Mayor's salary increase and the Council President's upgrade for the term that they are president. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: As the resident young fart of the group, I'm going to chime in for a moment. And to Councilman Rountree and Councilman Zaremba's points, when I decided to run it wasn't for the money and I don't think that the people that ultimately we would want representing our community are going to be ones that are going to choose this type of role not for the pay and I would have to say that I appreciate the superior rating and I think for those of us that run for office we find out our rating on election day and while we are appreciative of the compensation committee's recommendation, I would say I agree with -- with Council Zaremba in Meridian City Council Workshop July 14, 2015 Page 20 of 47 that I don't think that a change in pay at all for Council Members will spur people to want to run. It's going to be people that really care about this community that ultimately decide to put in the time and the change in pay I don't think I will bring anyone better than if we keep it the same. I have to say, though, I also agree with Councilman Zaremba's recommendation of increasing pay for Council President. There is an exorbitant amount of additional time put into that role and if there is a way we can monetize that extra time they put into it I'm all in favor of that. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I will ponder this memo in conjunction with next week's work and a more holistic look at the budget, but I am extremely sensitive to assignments like this that we task to a citizen committee and this is a high powered, intelligent crew, two of which are here. I have been on that committee before, so I know the work that you do and, you know, the reason in this context that committee provides great value is, you know, this group doesn't want to have conversations about compensation for ourselves, right, and we task independent folks to have that independent look. So, whatever the recommendation of that committee is I give great weight and we should be able to substantiate the basis for it, whether it's a raise or no raise and explain. One message I think they are sending clear that we should feel comfortable telling ourselves and anyone interested in running is it's a bigger city, it's a bigger project, and if you want to serve be prepared to roll up your sleeves and get down in the weeds and get to work. It's different than it was five, ten years ago. So, I don't necessarily have an opinion now one way or the other on this, other than I really appreciate the work that was done. I'm certain that they could substantiate and back up and explain in great detail why they came up with those particular recommendations from the Mayor's perspective, the Council President roll, and that Council as a whole. So, I'm sensitive to the same issues that Council has raised. It may not be worthy of changing anything at this point, but the committee has worked hard and they have given us some valuable, independent assessment that I will certainly want to consider. De Weerd: And I guess I will just wrap it up with the conversation we will continue at the budget hearing next week and give staff direction to bring back an ordinance. Would like to thank the committee and also I think we all kind of caught our breath when we heard you're feeling about the job we are doing. We appreciate that vote of confidence and I would like at -- two years ago when the committee brought discussion back to Council, I saw a window of opportunity, because we wanted to have some form of feedback from the committee in terms of the jobs that we are doing and areas for improvement and I'm very interested in that, if the committee would be willing to meet one more time and that I would be allowed to meet with them to get some of that feedback. We always strive to Meridian City Council Workshop July 14, 2015 Page 21 of 47 -- to look at where our opportunities for improvement are, where you think we are on the right path and where you see that we can always strive to do better. So, if the committee would consider an additional meeting, I would love to sit down with them and hear what they have to say. Perkins: I will arrange it. De Weerd: Okay. Perkins: Thank you. De Weerd: Thank you. Anything further from Council? Rountree: No. Thanks. De Weerd: And, again, thank you, Rob and we -- we appreciate your participation on -- not just this, but in all that you do. So, thank you so much. Okay. Our next item is Item 8-D -- and I guess I would -- I guess just to be courteous, I should ask if either David or Rob had anything that they wanted to add? David, thank you for being here today. Ballard: Madam Mayor, Members of the City Council, it was a robust discussion and it went back and forth and one thing, at least from my perspective, is Meridian has grown exponentially. Those are my terms. And from what I can tell it will continue to grow and while we recognize each member, we also had to think -- or from my perspective who will be in this role next year, the following year and it's like recruiting for a business, how do we get the best people that we can to do the job that we ask the Mayor to do and the City Council men and women and so you go -- there has to be an attraction, because we want to bring that talent, that passion to the city. So, that was part of my consideration and I struggled with the five percent, but I said in that light, to attract the talent, there should be compensation and at the same time I said there is a bit of checks and balance. Two years from now, if we don't like the job, we don't like the direction, there doesn't have to be a positive recommendation and so we were looking forward, not necessarily backward, and it wasn't a reward for past services, although there was some of that recognition, but it's looking forward. What do we do when the population doubles and the workload maybe triples. That was part of my thinking behind that recommendation and at your request to meet again to have a conversation, the sooner the better. When can we do it? So, anyway, I appreciate the opportunity and that was the explanation, what Bill presented and what Patty presented, extremely accurate and I sign off on it a hundred percent. If you have any questions further I would be happy to -- thank you for the opportunity. Bird: Thank you. Meridian City Council Workshop July 14, 2015 Page 22 of 47 De Weerd: Thank you. Rountree: Thank you, David. De Weerd: Okay. Rob, thank you again. I look forward to getting together with you. D. Building Division Report: Amendment of Temporary Use Standards for Subdivision Model Homes and Subdivision Real Estate Sales Offices De Weerd: Item 8-D is under our Building Division. Bjornson: Good afternoon, Madam Mayor, Members of the Council. Currently the city clerk's office receives and reviews temporary use applications from builders for the purpose of subdivision model homes and sales offices. Essentially, these temporary residential sales offices are used as showrooms and typically it's the garage that's being used. They will convert the garage, carpet it, use it for product display, walk buyers through, and sales agents will use it as a conference room. Essentially, the way we are currently, our current city code, Title 343, under Temporary Uses, specifies that these residential dwellings, which are temporarily used in this manner, shall meet -- shall meet all applicable standards -- any and all for commercial occupancies and I feel that at this time we have an opportunity to enhance our process, for clarity, consistency, simplicity and to reduced cost to the builders. The proposed amendment, essentially, is to modify the temp use standards to remove the language. It's just a simple removal of the language of the commercial that those residential garages shall meet a commercial code and, basically, put it back to Chapter 10 in the city code for building permits and assessment. I think striking out the commercial language, like I said, has benefits to staff, benefits to the building community, and simplifies and makes the process very transparent, visible, and keeps it in Chapter 10 of the building codes. Really, that's -- that's what I have for you in a nutshell. I'm willing to stand for any questions and I expect that we will bring this back to you in a formal meeting for -- for the readings. De Weerd: Okay. We do have a proposed ordinance in front of us that does address this and I would ask Council if you have any questions for Brent at this time. Mr. Bird. Bird: Madam Mayor, I just -- we are just legalizing what's being done; right? I mean I don't see any problem with that. De Weerd: We are updating our -- Bird: Updating our code to make what's being done, make it -- Meridian City Council Workshop July 14, 2015 Page 23 of 47 Bjornson: Yes, sir. That's exactly how I see this is housekeeping. There has been a lot of changes in planning and building over the years and that we are just getting the language current as you stated. Rountree: So, Madam Mayor, there are some additions in Sections 2 and 3 and 4. No. Just two and three. With respect to timing and the temporary use permit. Is that making them consistent with the TUP process? Bjornson: I'm sorry, that -- Rountree: Maybe that's a question for Bill. Nary: Madam Mayor, Members of the Council, I think what the intent of that particular provision was -- some of these can go on for a long period of time, these model homes. Rountree: Yeah. Nary: We want to make sure it's not indefinite and that the use doesn't change or it becomes a home without us having some ability to check back in. Rountree: Okay. Nary: So, that was the intent of that. Rountree: Okay. De Weerd: Any other questions from Council on this item? Do you want to take action for -- we will have -- we will have the reading of the ordinance and, then, I will ask you what you want to do. So, Madam Clerk, will you, please, read Ordinance 15-1652 by title only. Jones: Thank you, Madam Mayor. An ordinance of the City of Meridian in Ada County, Idaho, amending the following provisions of Meridian City Code Section 3-4-3C1C regarding commercial occupancy standards for subdivision model homes, Section 3-4-3C1E regarding terminating use of a subdivision model home. Section 3-4-3C2E regarding terminating use of a subdivision real estate sales office. Section 3-4-3C2F regarding commercial occupancy standards for subdivision real estate sales offices. Adopting a savings clause and providing an effective date. De Weerd: You have heard this ordinance read. Would anyone like to hear it read in its entirety? Bird: Madam Mayor? Meridian City Council Workshop July 14, 2015 Page 24 of 47 De Weerd: Mr. Bird. Bird: Seeing how nobody wants to hear the whole thing, I move we approve Ordinance No. 15-1652 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-E. Any discussion by Council? Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. F. Public Works: Safety Program Update De Weerd: Item 8-F is under our Public Works Department and I will turn this over to Dale or John. Hi, John. McCormick: Madam Mayor, Members of the Council, good afternoon and thank you for inviting me here to talk about safety. It was three months ago in April at the workshop and we talked about the assessment of our safety program that was done by an outside consultant and we reviewed the findings of that assessment with you and also talked about the needs of the safety program and so in the course of that conversation we had a number of questions that came up and we answered some of them and some of them we had to go off and do a little bit more research and so that's what I'm here to do today is to update you on what we have done since then and so just to start with, as a refresher, we have a number of -- see if I can make this work. We have a number of guiding principles that we adhere to in administering our safety program. Whether it is resourced or not, we have a strong commitment to our employees to make sure that they come here to work and arrive home safely, so that we can make sure that there is no -- ever any serious harm done to them while they are at work or, for that matter, while they are not at work and so to -- to that end we want to invest in a good, safe environment and make sure that safety is a part of our culture and becomes a part of the fabric in which we work in. We also know that it is necessary in sustaining our operations. We cannot have a predictable sustainable and reliable operation base if we do not have people that work and working productively, particularly in sensitive areas. We also have a legal obligation to be safe in the workplace. We -- we have eight different agencies that we have to comply with to make sure that our safety program and our practices and policies and procedures meet those regulations and so that's a lot of consideration in managing a program like this. We found that in the Meridian City Council Workshop July 14, 2015 Page 25 of 47 assessment that our safety program was not adequate in certain areas. Here are the components of the program as it was determined in the assessment. The first two items here represent well over 70 percent of the total work that's done in the safety effort. First and foremost is the training and education that goes on. That's a significant portion all by itself, representing about 51 percent of the time available to do safety. The second are the inspections at job sites and the facilities themselves and also doing analysis of jobs to ensure that the safety requirements for those jobs are understood, known, and addressed. We do accident and near miss investigations, certification and recertification, which is an important part of this, particularly in those jobs that -- where certification is an important factor. Policy development and management assessing the programs effectiveness and, then, sustaining the investment that way we have already had -- that we have already made. Excuse me. And that sustaining investment is just in perpetuity. That's going forward on an ongoing basis and making sure our commitment remains strong and alive for safety. We have a lot of work to be done and first and foremost we have to resource the program. We cannot do this work just with the people that we have who are not dedicated -- who are committed, but they are not dedicated to safety. They are doing other things and to take that time away from their jobs to do safety things sometimes that can be integrated and other times to take them away from that would be productive on the other side of that issue. We need to complete the assessment work. We have got a little bit of work left to do in the area of risk management, accident investigation. It's mainly documentation more than anything. We have a lot of specialty training that has to be done. This is an annual commitment to make sure that those people who are working in potentially hazardous areas or dangerous areas, trenches and the roadway, excavation, confined spaces, that they are certified and trained to do that work safely. Facilities inspections, job site audits and the job safety analysis, those are big chunks of work that we -- we have none of that work to date this year. And, then, the safety program will always undergo and be affected by changes in regulation, changes in different policies and the jobs themselves and the operations, et cetera. So, the safety program manual will have to be kept up to date. One of the issues that we talked about was the approaches and should we use an outside consultant to provide our safety services. Should we use a shared kind of situation with other municipalities and should we hire our own dedicated and if we do that where are we going to get them from. So, we looked at the pros and cons of these three different scenarios and there -- there is good and bad associated with all of them in the sense that you either get some benefit or you have some cost associated with each of the scenarios. We found recently that talking to two service providers in this business that to do a part-time job amounts to about 780 hours a year, which is not even sufficient to do the training and education. That would cost in the neighborhood of 179,000 dollars. That's a hundred to a hundred and fifteen dollars an hour. So, that's a part-time resource. And, then, we are one of many of their customers, so we are not the only customer and we would be subject to, you know, some availability issues. They may not be available when we need them. The shared resource with other municipalities and, Madam Meridian City Council Workshop July 14, 2015 Page 26 of 47 Mayor, this is an issue that you had brought up and we explored that with both Boise and Nampa and we found that they might be interested in working with us in co-hosting training or something of that nature, but both of those cities have their own dedicated resources and wouldn't free up those resources to help us, but they would collaborate with us on events or something of that nature, which is a nice thing and it's a good -- could have some good benefits to us in some instances, but it doesn't get the job done. Then we also looked at hiring one full- time equivalent to meet the safety requirements. This is the -- the path that I would prefer to go down, because of the cost and also because of the -- the management control that you have over that resource to direct priorities, assign work, and things of that nature and the flexibility that you have to move that resource to the point of need or to the point of priority at anytime that you need to do that. So, that would amount to a cost of about 80,000 dollars -- 81,000 dollars. Anyway, the recommendation going forward -- and this is not for your action today -- it is to seek your support in getting approval for a budget enhancement to hire a full-time safety program coordinator and this enhancement has been submitted to Finance as part of your budget package, I believe at this point, and will be available for review at the July 21st budget workshop. So, with that I would stand for any questions. De Weerd: Thank you, John. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: You made a statement that the employees didn't have time to worry about safety. Well, I believe that any employee that's working for us better be worrying about safety. That should it be one of their primary concerns when they are working. They can do their job, but they can still also make sure that they're working in a safe environment. That's common sense. You stated that this is only going to be one guy. If this guy for 85,000 I don't think you're going to get a safety expert and you're going to be sending him on a monthly basis probably to schools to get updated and everything and do we have a safety manual at each location now, a safety manual that we follow? McCormick: Can I address -- Bird: Yeah. Go ahead. McCormick: Let's go back to the earlier point -- Bird: Yeah. McCormick: -- just so we can clear the record on that. I did not say that the employees aren't worried about safety. I didn't say that at all. I said that the Meridian City Council Workshop July 14, 2015 Page 27 of 47 employees are committed, but not dedicated to safety. That's not the job that we pay them to do and they -- we expect them to do it safely. We expect that to be -- job to be performed in a way that respects the policies and procedures associated with that, wearing proper equipment and that sort of thing. So, just to clarify that, Councilman Bird. Bird: I misunderstood you. McCormick: Just a correction on that. Bird: Their priority should be safety, too. McCormick: Absolutely. Bird: I mean -- McCormick: Yeah. Bird: -- if they are working in unsafe conditions they shouldn't be working for us. McCormick: I agree. Absolutely. I don't think anyone would disagree with you in that regard. And the second point, just to clarify, could you rephrase that for me? Bird: Yeah. At each location do we have a safety manual there with safety procedures and all the right, wrongs, and -- of safety? McCormick: Yeah. Bird: Do we have a manual there for -- if a worker wants to come in and look, he finds out what and every -- we have backup for every calking we use, any paint we use, tells what happens if you get it in your face or what this machine -- the electrical and stuff, do we have that all on file? McCormick: We absolutely do and it's even better than a book on the shelf, it's on the intranet, so they can access that where ever they are at, whether they are at their workstation, whether they are in the field, whatever they are doing, they can pull up the program -- the safety program and find out information. In these specific work areas there are also material safety data sheets that we have available, so the people can see any of the requirements around chemicals and things of that nature that they might be using in that particular area. Bird: And we got wash stations and everything in place. I know we do that, but --- McCormick: Yeah. Meridian City Council Workshop July 14, 2015 Page 28 of 47 Bird: Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: John, a couple things. Can you jump back to your first slide that kind of went over everything that you have done. McCormick: Pardon me. Cavener: One more. McCormick: One more? Cavener: I guess maybe I mistook this. What you're saying is these are the components of the things that you need to do, not necessarily what has been done today? McCormick: These things have not been done to date. This fiscal year we haven't had a resource available. The prior year I think we spent about 1,562 hours of an outside consultant's time to do this work and not all of that was done. Most of the focus was on training and education and the two facility inspections, which we reviewed last time. Cavener: Okay. Madam Mayor, follow up? De Weerd: Uh-huh. Cavener: John, you had -- when you were running over the pros and cons an outside consultant versus a full-time employee you alluded to that if it was a consultant it would be in a part-time capacity, but yet your recommendation is for a full-time employee. Can you explain the -- the reason why recommending a full-time employee, if a consultant would only be used in a part-time capacity? McCormick: The consultant could be used in a full-time capacity if they were willing to do that. The ones that we talked to were not. They had -- they did not have the resources available and what you find is the consultants have a core staff that they work with and most of them do not subcontract work out. So, in other words, if they get more work they will either do the best job they can in providing a service level as agreed upon or they will turn away work or they will hire a part-time or full-time resource to do that work. The ones that we talked to have their own core business and they would give us in the neighborhood of 15 hours a week -- ten to fifteen hours a week of their time that would translate to about 780 hours at best for the course of the year, which is not adequate to do the job that we need done. Meridian City Council Workshop July 14, 2015 Page 29 of 47 Cavener: That's all my questions. Thank you. I appreciate it. De Weerd: So, John, you had mentioned both Nampa and Boise have their own programs. What is their staffing for those programs? McCormick: Boise has six people that are dedicated to safety. Of those six two of them are focused on Public Works and dedicated to delivering training, et cetera. The other resources are associated with risk management, workers comp, you know, the more administrative pieces of the safety program there. Nampa has one person that's dedicated to the whole city and its not adequate. We hire people from Nampa who are in our business in wastewater or water and they have never had training of any kind in safety. De Weerd: So, I just -- I had an invitation through one of my business contacts to -- to go and see what this business did with their safety program and I appreciated what you said that safety is not an event, it is a program, and just what their employees did in practicing the safety policies and the training they did and the programming, I can see why you need a more robust program that's specific to Public Works and to meet the needs of your employees, but you -- you -- I think infer that it may not be that full-time -- what would it do in addition -- what would this position do in addition to the training, the updating manuals, what do you envision to make it that full-time position? McCormick: Well -- so, a full-time position is 2,080 hours and those are not all productive hours, because you have got vacations, sick leave, and things of that nature that enter into it. So, what we figure are productive hours for a full-time person would be 1,862. We would expect 51 percent of that time, perhaps a little more in the front end, because we have got some catching up to do, we have got a backlog that hasn't been addressed and that work doesn't go away just because we don't do it. So, they -- for the first couple of years they are going to spend a lot of time training and, then, in -- in the times that they have available would be to do the inspections, which are pretty significant. I think you saw that from the information that we presented last time and that's not a static picture, you know, time marches on and processes are changed and new materials are brought into the workplace, new procedures are brought into the workplace, and it has to be addressed from a safety standpoint. So, that's a consideration. The job safety analysis we have not done a really effective job of that. That's going out to -- we have about 20 jobs in the department that are critical jobs where safety is concerned and we have not done an effective analysis of the work breakdown and what safety requirements are necessary for that. We do a ten hour OSHA which covers a lot of it. We do confined space and trench work and traffic control and things of that nature, which covers a lot of it, but there may be specialty. We don't do a lot with hazardous materials, for example, and so there is always those things going on and, then, there is the administrative work, like reporting out the progress that's being made in fixing some of the safety issues, Meridian City Council Workshop July 14, 2015 Page 30 of 47 the safety concerns, and the reporting out to OSHA for any near misses or any accidents, time loss, and that sort of thing. Fortunately, we have been very fortunate and very lucky not to have a serious problem there. De Weerd: So, just to follow up, the employer I visited is a very large employer and has multiple people that they were saying that it's difficult to recruit. So, with the different expertise and the training that you would need, do you think you can find that in one person and -- and would you be able to recruit for what you're projecting here? McCormick: Well -- and I mentioned last time I think when we talked about that, we haven't gone down this road before, so we don't know what we can find out there. We know one thing, we are not finding what we need in the -- in the search that we have done for outside consultants. So, I know from my own experience in the industry that these people are available. Whether or not we can get them for the salary that we are talking about he is yet to be seen. I don't know the answer to that until we go out and try. De Weerd: You mean your crystal ball is not working? McCormick: You know, it's off today for some reason. I don't know why. De Weerd: Any other questions from Council? Rountree: I have none. Zaremba: Madam Mayor? Cavener: Madam Mayor? De Weerd: Okay. This will be a discussion as part of the budget, but -- yes. Cavener: Two additional questions, John. There is a lot of things that need to be done. Can you, then, maybe just update us as to what has happened since then and what your plan is until your permanent solution is found? McCormick: Uh-huh. Actually, Dale, would you like to give a report on that part? I knew I brought him for a reason. Bolthouse: Thank you, Madam Mayor, Councilman Cavener. Some of the things that we have taken upon ourselves -- and I have Ryan Kurtz here joining us as well, is that we have actually gone and taken the time to develop a new hire orientation process, because that was considered one of our immediate risks and oversights that we no longer had when we lost our consulting relationship. So, we have developed that and now have delivered that to our new employees, so that we make sure that they are getting off on the right foot. Secondarily, we Meridian City Council Workshop July 14, 2015 Page 31 of 47 have gone through and made confirmation that all of our previous inspection items that were on the list have been taken care of and we are actually developing and creating a secondary list as we go around and continue to look for areas that may not have been caught or may have accumulated since those -- since those last inspections. We also are looking, then, to at least on a cursory basis look to the internet and we are delivering safety topics in some morning meetings and things of that nature just to keep the exposure out in front, but I assure you that our efforts are at best a band-aid to keep safety in the forefront of our associates and keep them thinking about the topic. But we -- as John mentioned, we have got a lot of work to do to really get us where we -- where we want to go and so those are just I guess a handful of the items that we have been doing. We are not sitting on our hands and just letting fate drive our -- you know, drive our effort, but it's very difficult for us to carve out the necessary time to really execute a good process. De Weerd: Any additional questions? Mr. Zaremba. Zaremba: Madam Mayor, it's not really a question, it's just a comment. As we know, many of the Public Works people work around machinery -- work around machinery and equipment that can reach out and grab them and tear an arm off if they are not being careful or fall into a vat of something unpleasant or have something spray on them and -- and I agree, it is each individual's responsibility to understand the safety procedures of their job responsibility and to know the manuals, but, on the other hand, it is not their responsibility to update the manuals or to you keep them going. To me that takes a dedicated person whose job it is to understand new safety thoughts in the community and to be providing the training and the updating to the manuals and I don't believe that can be a collateral duty. I think as you have expressed, that needs to be an assigned person whose job it is and we apparently have outgrown any of the consultants abilities to do that and I appreciate that you're taking a look at saying, okay, we need -- as we grow this is one more thing that we need to bring in house and have a specialist whose responsibility it is to provide that service. So, I appreciate the discussion and I'm in favor of it. McCormick: Thank you, Councilman Zaremba. I appreciate those comments of support and pretty spot on, too. I would like to, Madam Mayor, address the point about the full-time resource and the ability to attract that kind of a resource at the compensation level that we are at and to keep them busy and that sort of thing. We haven't had that resource before to my knowledge anyway and so there is a certain amount of R&D associated with moving this program forward. Whether or not we can find the right person immediately is I think probably going to be open to question. I think it's going to take us awhile to search and find the right person. But I know that those people are out there and I know that there are people that would love to work for the City of Meridian and we need them. So, we will keep them busy and that's as much as I can commit to at this point. It's a Meridian City Council Workshop July 14, 2015 Page 32 of 47 necessary resource or I wouldn't be asking for it. So, I thank you very much for your time and your support and we will talk more on that next week I guess. De Weerd: Thank you, John. Again, any further questions from Council? Rountree: I have none. De Weerd: Thank you. McCormick: Thank you. G. Public Works: Design Standards Update De Weerd: Item 8-G is also in the Public Works and, Warren, I think you're the tag team on this one. Stewart: Thank you, Madam Mayer, Members of the Council. Some time ago you will recall that we came and had some discussion with the City Council in conjunction with actually some of the development community talking about the fact that we were working on putting together some design standards or some design guidelines that will help consulting engineers who are doing work for developers to submit plans to the city that are in harmony with our desires and will also help improve the review process for them, so that they don't have so many red lines going back to them and asking for changes and so forth. I just wanted to take a moment today and give you an update. That's taken a little longer than we had hoped, but we have worked through the internal process of revising and reviewing and revising and reviewing and we have a draft document that we have prepared. We have talked to a -- one of consulting firms here in the area and have prepared a task order, which you will be seeing in the next week or so, as soon as we can get that on the agenda, that will allow them to start the peer review of that. They are going to not only review the document and provide comments on the document, where there might be issues or concerns, but they are also going to do some benchmarking for us with four other communities, both here in the valley, as well as a couple of others outside the valley, to sort of, you know, determine what other people are doing and, then, they are also going to provide some calculations for us on photometrics for our lighting standards to make sure that the -- essentially, the lights and the standards that we are requiring are the most cost effective, not only for the city, but also for the development community. So, they are going to be doing a few things for us and at the same time that they are doing this peer review and helping us do that process we are going to be doing a public outreach and reaching out to members of the development community, construction community and getting their feedback and input and making sure that we touch base with them, give them a chance to look at the document, provide comments on -- on that document. We will take all of those comments and feedback not only from the design review committee -- or group, but also from the focus groups and other things that we Meridian City Council Workshop July 14, 2015 Page 33 of 47 may be doing on a public outreach process and we will put that all together in a final draft document and we will bring that back before you and our hope is to have that, essentially, back in front of you at City Council for you to review and approve sometime around the first of the fiscal year for 2016. So, I just wanted to give you an update of where we were, that we are moving forward with that and that you will see some things coming forward to you fairly soon and also make you apprised if you hear, you know, some questions or comments from members of the community or otherwise that we are going to be working on doing a public outreach process for that as well. And I will stand for any questions that you might have. De Weerd: Thank you, Warren. Mr. Rountree? Rountree: I have none. It's good to hear the status. Thank you. H. Public Works: Water Rights Transfer Application De Weerd: Okay. Item 8-H. Kyle. Radek: Madam Mayor, Council Members, first of all, I -- I have an opportunity to introduce a couple of professionals that we have worked with for a long time that I don't know if you have had the opportunity to meet. First Charlie Honsinger has been our -- our go to attorney for water rights actions for -- since before I started working here and, likewise, Ed Squires sitting down there has been our -- for all intents and purposes our city hydrogeologist for -- since before I have been working here and we are here to talk to you about a water rights action that the city is taking an application that we submitted to the Department of Water Resources, and I'm going to turn it over to Charlie and explain it, but what we are going to tell you is -- basically, briefly give you a little background on the water rights portfolio we had as a result of the Snake River Basin Adjudication. Talk to you about multiple mutual points of diversion, what that means, and what our current application is about, the multiple mutual points of diversion and what the process of that application is and where we go from here and, then, we will be available for questions. So, Charlie, do you want to take it? Honsinger: Thank you, Madam Mayor, Council Members. The idea of multiple mutual points of diversion is to allow any of the city's water rights to be diverted out of any of the city's wells at anytime and what that does is that provides flexibility to the city in where and when to divert water and if you have deficiencies in some wells you can use other wells to divert the water rights that are certainly -- that are associated with wells that are deficient and it just makes it more flexible and more efficient for the city to do so. In the Snake River Basin Adjudication, the SRBA, the city claimed its water rights with multiple mutual points of diversion, all the water rights that were in existence at that time. Those were pre-1987 water rights and the SRBA decreed those water rights with those multiple mutual points of diversion, so the city has ten to twelve water rights there Meridian City Council Workshop July 14, 2015 Page 34 of 47 that have all those points of diversion and can be used very flexibly. However, since then the city has grown, as you all know, and has obtained additional water rights that were not claimed in the SRBA, in the Snake River Basin Adjudication, and each of those water rights has a point of diversion, a well from which it can be diverted, but does not have the flexibility that all the water rights that were decreed in the SRBA have. So, the purpose of the transfer application that has been submitted to the Idaho Department of Water Resources is to make all of the city's points of the diversion mutual points of diversion for all of the city's water rights. Again, provides flexibility and efficiency for the city. The application was submitted I believe -- oh, am I correct in saying in January -- January, February of this year. The Department of Water Resources has processed it and has determined that it is ready to roll. They are -- they are prepared to approve it and they are prepared to publish it next week in the newspaper. What that does -- when it is published in the newspaper is it invites protests to the application, so that anybody who has a concern about the -- a water right based concern I should add, about the application can make a protest and have that protest resolved in an administrative proceeding before the Department of Water Resources. To that end we have -- with Kyle's and Ed's help -- we have gone out and done some outreach with some of the large water entities -- water- related entities here in the valley to try and explain what we are doing, just so that they are aware. It's not that we think they are going to protest, it's that we want to make sure that they are aware of what it is the city is doing, why it is doing -- why does doing it -- to, yes, potentially prevent protests, but also it's just the right thing to do. When you do something of this magnitude you want folks to know why it is you're doing it. It's going to be published statewide. It's a -- it's a large application, so others are going to be aware of it, and we just want the large water entities to know why it is we are doing what we are doing. So, we are doing the outreach. I think -- at this point I guess I'd point out that if no protests are received, I would anticipate approval probably by the end of the year. If protests are received it's litigation and you can certainly -- you can certainly try to settle those protests via informational discussions with the protestants, but, eventually, if it comes down to it, they have to be resolved in an administrative proceeding similar to a trial and at this point I guess I will turn it back over to Kyle to add anything that he needs. Radek: I just wanted to add the fact that also we had Tom send out -- send out a notice to our other water providers in the valley to let them know we were doing this as well. Not that any of those folks should protest, but want to do the same thing with their water rights and I think that pretty much covers it. Ed, anything we need to cover? Squires: I had a couple points. Radek: Okay. Meridian City Council Workshop July 14, 2015 Page 35 of 47 De Weerd: You can't speak until you're in front of the microphone. If you will, please, state your name. Squires: Madam Mayor, Members of the Council, I'm Ed Squires. De Weerd: Thank you, Ed. Squires: Hydrogeologist in the valley. Done a lot of work for the city over many years and I think Kyle and Charlie pretty well covered it, except I would like to say that, you know, this is something the city needs to do. This makes your water rights more whole. It gives you a great deal of flexibility and one example would be, you know, we know that there are natural and man-caused contaminations in the groundwater in some places. One would be natural radioactivity -- uranium mainly and those things can -- can show up unannounced and when they do the city may have to take a well offline for a while. It could take years to, you know, replace, modify, or build a treatment plant and so when that happens you have got to produce the amount of water from somewhere and it's got to come out of the other wells. Well, in a legal sense that's what this allows you to do and the SRBA, you know, several of the city's wells, say one, two and three, they weren't used anymore. In fact, they weren't even around and if we hadn't had this mutual points of diversion idea, then, those water rights would no longer exists. So, the reason I bring that up is I think if this is protested -- and we are certainly hope -- hoping that it's not, that the city's you know, got to get in there and fight for it and that means costs. It's -- it's actually been tried once before and it was protested. The United Water Idaho IMAP application sought this very same thing and the irrigation entities in the valley protested it -- not formally, but in the Department of Water Resources meetings and so United Water withdrew it, because they had other things they wanted to gain and we think that those protests and objections were mainly just due to what we affectionately called water grab and didn't really have anything to do with the mutual points of diversion. So, we are hoping that there is not going to be an issue with irrigators and, as Kyle said, we have already met with the main irrigation entities and so far we haven't gotten any serious resistance. There is a few things they are still wondering about it. So, it's a big deal. It's the first of a kind. That's all I wanted to add. De Weerd: Thank you, Ed. Any questions for Ed? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You have alluded to who one of the protestants might be, the irrigation districts, but what's the nature of the protest? I mean you're anticipating and being proactive here. What kinds of things can you envision? And just a couple of them no -- Meridian City Council Workshop July 14, 2015 Page 36 of 47 Honsinger: Madam Mayor, Councilman Rountree, one of the possibilities is the -- it's possible that the irrigation districts are concerned about the drawdown of -- the additional drawdown that this might cause of surface water. So, they may be concerned that this is connective -- these wells might be connected to their drains, to their canals, and that by -- they may be concerned that we might be pumping more out of a certain well than we have previously and in doing so potentially suck more water out of their drains or canals. I would have to say that that is probably their primary concern. I can't really think of a -- really a concern other than that that comes to the top of my head. That's -- when we have discussed things with them that's what comes to mind. I think so far we have satisfied them, but we will see. Squires: Can I chime in on that? Honsinger: Sure. Squires: I think I'd like to say the city has -- the studies that you have done, if needed -- and we -- like I say, we hope they are not needed, but if they are you have got the ammunition to fight this battle and I think that there is no reason -- no real reason to protest, because the irrigation entities' water rights are so vastly senior in priority to our groundwater rights that they have no reason to object, in my opinion, because they always have that avenue in the case of a basin wide call, if they ultimately find that we are drawing water from the canals, which I don't believe to be the case. De Weerd: Mr. Zaremba? Zaremba: Madam Mayor, thank you. I actually have two separate questions and the first one would to be addressing the senior issue. Are we certain that our clock doesn't start anew when this is approved? Are our water rights still as senior as they were when the wells were individual? Honsinger: Madam Mayor, Councilman Zaremba, yes, this does not in any way affect the priority of your water rights. Zaremba: Great. Thank you. Second question is as the city continues to grow and we annex new areas where we might be taking on new wells, are we going to have to reapply or is there some way to make this apply to the future as well? Honsinger: That is a really good question, Madam Mayor, Members of the Council, Councilman Zaremba. Fortunately, one of the things that occurred in the Snake River Basin Adjudication for the city is that the city has what's called an expanding place of use. It's been provided for and all these water rights that Kyle was talking about, all the permits that are now getting converted to licenses, they have a condition that says that they are appurtenant to the place of use Meridian City Council Workshop July 14, 2015 Page 37 of 47 that's been declared by you. Okay? So, it allows for the fact that the city is going to expand and those water rights can be used whatever size the city gets. One reason that that's a really good question is we could have been applying in these permit applications all along to have all these points of diversion added to each permit as it's gone along and we even did that on a couple, actually. But the trouble is you can only go one way and it gets a little complicated. But we can add all the existing points of diversion to a new application, but, then, you still have to do some kind of action that adds that new well, that new point of diversion, to all the other city's water rights and there is not currently a legislative way to do that. It's a possibility that you could go to the Legislature and get that and in one thing that's on the table, but right now in place of this transfer application we might be having to have done 25 transfer applications and so every time you do a transfer application, which transfer sounds odd, it's just -- it's just the name of the -- of the form that you have to use to do these actions. Every time you do a transfer application you open yourself up for scrutiny a little bit and sometimes these protests occur for no other reason than just to cause trouble or to exact a price on something or get something changed and, you know, those are the ones that you don't like to receive, because they have no real basis in fact, but you still have to go through the court battle. Radek: I think the short answer to your question, Councilman Zaremba, I believe, is there is not a process right now to automatically apply a new water right point of diversion to all the other points of diversion and vice-versa. We hope that could happen in the near future. Ed has been talking to the director about finding an automatic way to make that happen, but it doesn't exist now; is that not correct? Honsinger: That's correct. Zaremba: Thank you. De Weerd: Anything else from Council? Rountree: I'm good. Radek: Well, Madam Mayor, Council Members, thank you for your time. Rountree: Thank you. Bird: Thank you, Kyle. Borton: Thanks. De Weerd: I don't know if it's appropriate to say we will keep our fingers crossed or -- move forward. Meridian City Council Workshop July 14, 2015 Page 38 of 47 I. Public Works : Discussion of and Request Approval of Task Order 10601.A to Brown and Caldwell for the “WRRF CAPACITY EXPANSION – DESIGN 2015” Project for a Not-To-Exceed amount of $444,699.00 De Weerd: Okay. Item 8-I was under our Public Works as well. Warren. Stewart: I'll use the podium for this one. Madam Mayor, Members of the Council, two weeks ago you approved a budget amendment that would allow us to start the design process for wastewater treatment plant capacity expansions. However, at that time there were some questions and concerns about that. It was approved, but we have subsequently answered a few questions and wanted to make sure that we had sort of a brief opportunity to sort of update all the Council Members on a few items to make sure that those questions and concerns were alleviated. To do that I'm going to kind of take us back just a minute. This is going to -- I'm trying not to take too long, but I want to do a little background. When we talk about wastewater treatment plant capacity, there is two factors that come into play. One of them is the hydraulic capacity and what I mean by that is simply how many gallons of water can you push through that plant. In other words, how -- how big are the pipes, how big are the motors, how big are the basins and how much water can flow through that plant. Secondly, there is treatment capacity and treatment capacity is affected by the concentration of contaminants in a gallon of water and this little picture that I have showed here is just sort of an illustration that I hope will demonstrate what I mean by concentration. So, you have the same amount of water, but in one gallon of water you have just a few particles of contamination, in another gallon of water you have a significant number of particles of contamination and that's an increase in the concentration per volume of water. So, when we do these ratings of our wastewater treatment plant, it's based on both of those factors. In other words, they take the effluent, they measure the amount of contamination of the effluent, and based on that contamination level they figure out what the hydraulic capacity of the wastewater treatment plant is and a number of years ago, back in about 2008, CH2M Hill went through that process for the city and determined that the hydraulic incapacity, based on the concentrations at that time, the contamination concentration, was 10.2 million gallons a day that we could flow through the plant. At that time our actual flows going through the plant were at about five and a half million gallons a day, so there was a significant amount of the capacity that was unused or unutilized at that point. Over the years our growth has happened and about, oh, a year and a half ago -- about a year and a half ago -- I will get to this in just a minute -- Tracy began to notice some anomalies in the operation of the wastewater treatment plant. Nothing significant, but things just weren't performing quite like we would have expected and so we actually had CH2M Hill come and do a real cursory analysis to determine what was going on and what they had found, after sampling things at the wastewater treatment plant, was that the concentrations of contaminants per gallon of water, if you will, was greater than it was in 2008, which was impacting Meridian City Council Workshop July 14, 2015 Page 39 of 47 the capacity at the wastewater treatment plant. Now, we weren't exactly how much it was impacting capacity, but we knew it was. So, we actually hired Brown and Caldwell to do a more thorough analysis of the wastewater treatment plant to determine what the new quote, unquote, treatment plant capacity is based on the fact that the contamination -- or the contaminants per gallon for the concentration was higher than it used to be. They went through that process and determined that the now capacity of the treatment plant was about 9.1 million gallons a day. So, about a million gallons less than it was in 2008 and you may ask yourself why, what's the -- what happened. Well, there is a few things. First of all, in about this same time frame our effluent daily maximum loads we're coming up and we started to approach this magical number of seven million gallons a day, which was a permit limit, a discharge limit that we had at the Five Mile Creek, and in order to buy ourselves some time and keep underneath that seven million gallon a day discharge limit, the city implemented an aggressive program to reduce what we refer to as I and I, but, basically, that means groundwater infiltration into our collection system and so we went out and tried to plug all the holes, in the manholes and in our pipelines and everything else and make sure that groundwater, which is very high in the City of Meridian, wasn't getting into our treatment plant, because it was impacting our discharge. We were pretty successful and we were able to reduce that by a little over a million gallons a day that we reduced that. But you're probably familiar with the old saying the solution to pollution is dilution. Well, we, essentially, reduced the dilution that was occurring in our collection system. In addition to that, water conservation has become an increasing part of our culture and not only on the house -- you know, by individual, but also the plumbing codes have reduced the amount of water per flush of toilet, they have reduced the amount of water you can -- you use in your washing machine when you wash your clothes. They reduced the amount of water that your dishwasher uses when you wash your dishes. Unfortunately, you still wash your dishes. Probably the same number of times you did before. You still wash your clothes and you still flush your toilet about the same number of times that you ever did. So, the contamination that's going into the system is the same, but the water that dilutes that has been reduced. So, over the course of the last few years we have -- anyway, over the course of the last few years that has risen and it has impacted the capacity at our wastewater treatment plant. So, we have done a couple of things. We asked Brown and Caldwell to do this capacity analysis, which, basically, told us that our capacity that we had thought we had was significantly less and we also asked them to go ahead and do an alternatives analysis to determine just exactly what kind of treatment process we should use to increase the capacity at the wastewater treatment plant and both of those things have been done. So, the task order that we are asking you to approve today is, essentially, the task order that would start the design work for those capacity improvements. We had initially planned on bringing this task order before you in 2015 and the dollars for that work were originally planned in 2015, but after we saw the impact of the increased loadings and the impact at the treatment plant with our capacity, we felt like it was important and imperative for us to get started on the process of getting these things designed and built sooner Meridian City Council Workshop July 14, 2015 Page 40 of 47 rather than later. The anticipated timeline for the design and construction of the capacity upgrades at the wastewater treatment plant is three to four years and at the current rate that we have been approving in the last three years building permits and building homes, we eat up about a half a million gallons of capacity a year. Now, you can see from these numbers that at the present moment we are operating at about eight million gallons a day. That's the peak maximum daily flow and we thought we had 10.2 million gallons a day of capacity and we found out now we have 9.1. The industry standard says that when you, essentially, get to the point where you're utilizing about 80 percent of your rated capacity of your treatment plant, it's time to start your new capacity upgrades and that's what we were, essentially, banking on. So, we were just getting into the process a few months ago that we were going to start these capacity upgrades, because we were thinking we had 10.2 million gallons of capacity. Now we find out it's a million dollars -- or a million gallons less than that. It, essentially, accelerates the -- the timeline about two years based on what we are currently eating up. So, we feel it's imperative that we start right now, get on top of this as quickly as possible, get to the design of these capacity upgrades going. Brown and Caldwell has indicated that they can get 30 percent plans done and the preliminary engineering report, which is required by the DEQ done by the end of this fiscal year if we can get them started right away. In addition to that, I think it's important to understand that at the present moment you will see here there is a committed capacity of about 12.6 million gallons. That means that we have already approved plats that if they were all to be built completely out would, essentially, require a capacity of about 12.6 million gallons. That's going to take us a number of years to get there. I do think I need to say for -- for your guys' benefit there is a couple of stop gap measures that we can use to help gain back some of this capacity. They are going to be operational, they are going to require chemical addition and we can gain back about a million gallons of capacity, but it's going to cost us more on an operational level. So, we feel like based on these numbers that we can -- we have about four years we can continue to operate before we run out of capacity if we continue to, you know, move forward as we have been in the past. So, I guess I just want to stop at this point, we are trying to avoid a situation where there may have to be a moratorium on growth based on limited capacity at the wastewater treatment plant and we feel like we have an opportunity to do that if we act expeditiously at this stage of the game and with that I will stand for any questions that you might have. De Weerd: Thank you. Council, any questions? Zaremba: Madam Mayor? De Weerd: Thank you for the explanation and really appreciated the background. I just have to appreciate councils and mayors in the past, because they have always had the foresight to keep ahead of -- ahead of things and this is kind of a continuation. Mr. Cavener. Meridian City Council Workshop July 14, 2015 Page 41 of 47 Cavener: Thanks, Madam Mayor. Warren, just for clarification, this four years that we have, is that including these use of stop gap measures or before we would have to implement something else? You had indicated right at the end of your presentation we had about four years remaining and I'm just trying to get clarification if that was including the stop gap measures. Stewart: Yeah. Madam Mayer, Members of the Council, Councilman Cavener, it includes the stop gap measures. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just to do a little bit of math, if -- if we are looking at a peak flow, as you're saying maybe four or five years from now, of 22.54 and we wanted that to only be 80 percent of the capacity, then, the capacity is going to have to be around, what, 28, 29 million gallons a day and my question is you have seen the draft of the new permit, is it in that neighborhood or are they just going up from seven to say ten? Stewart: Madam Mayor, Members of the Council, Councilman Zaremba, the number that is important in this -- this is a declining balance report and it gives us from an engineering and operational standpoint a lot of the valuable information. We actually forward this to DEQ. But the number that is important is, actually, the numbers that are in gray, which is the peak day demand. So, the peak hour demand we don't have -- we have storage capacity, so every day our treatment plant operates on what we call a diurnal curve where there are peaks and valleys in the flow coming into the wastewater treatment plant and we have the ability to flex the -- essentially the operations of the treatment plant to accommodate that differential, but the important factor, the one thing that we have less control over, because the permits, you know, require things on a -- on a daily basis is that gray number of 12.6. So, essentially, when we are talking about meeting our permit requirements and the expansion of the capacity, we are actually talking right now -- the design that we are asking for you to approve the task order for is actually going to increase the treatment plant to approximately 15 million gallons a day, but it's a daily number and that's the important number. So, it's going in, you know, in excess of the 12.6 million that is in the committed capacity. So, I hope that answers your question. Zaremba: I think so. Thank you. De Weerd: Any other questions? Borton: Madam Mayor? De Weerd: Yes. Meridian City Council Workshop July 14, 2015 Page 42 of 47 Borton: Is there a component of that design that contemplates the next expansion? Stewart: Madam Mayor, Members of the Council, Councilman Borton, yes. In other words, the treatment -- the concept plan that we have put together -- you know, I mention in here that we actually had a conceptual planning effort where we looked at lots of different alternatives and chose the most common cost- effective alternative. That alternative actually has a footprint which allows for the future addition of additional treatment components as the city grows. So, it contemplates that it -- that we will ultimately need a treatment plant that will be able to treat about 23 million gallons a day and it would be able to accommodate that 23 million gallon target. Borton: Okay. De Weerd: Okay. Anything further? Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Task Order 10601.A to Brown and Caldwell for the WRRF capacity expansion design 2015 project for a not to exceed amount of 444,699 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-I. Any discussion from Council? Okay. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. J. City Council Liaison/Committee Updates De Weerd: Under 8-J is our City Council liaison updates. I will start with Mr. Cavener. Cavener: Oh, I get to go first. A couple of brief updates. I'm sure as we are meeting with our different various departments budget is the top of everyone's mind. I know in Community Development that was the bulk of our conversation Meridian City Council Workshop July 14, 2015 Page 43 of 47 today. However, there were a couple other notable highlights that I wanted to share with you. One is that there are three companies and four businesses that are taking up residence in New Ventures Lab, from being as new as they are I think that's a pretty notable success. I know it's something that Brenda was very, very excited about. And, in addition, they had a meeting with a variety of different interested bodies for the RFP that has went out and I know that Bruce was excited to see that there was some interest from a wide variety of different businesses and organizations. I also had my meeting today with Patty in HR, who talked briefly about the compensation committee update, which we heard today and as always the case they are always bringing new people on and getting people on board and Patty made a very astute comment that, you know, in government you spend nine months preparing the budget and, obviously, they are very active and involved in that, you present it, and, then, you go right back to planning for next year. So, that is the bulk of her time as well. I will be attending the parks commission meeting tomorrow and will provide an update as to what we did next month. That's it. De Weerd: Thank you. Mr. Bird. Bird: Okay. Finance. Working really hard on getting the budget put together, getting ready for the 21st. We got our revised stuff in our mailboxes. We should all have them to look over. The Parks Department -- next month we are going to cut the ribbon for the Meridian Bark Park. It's looking nice out there, if any of you haven't been by there it's looking very nice. Zaremba: August 12th. Bird: August 12th. Yeah. Next month. And they are continuing to look into getting the 77 acres and the Borup Park's plan -- master plans and our parks continue to look fantastic. We have had very good success with our Thursday night band concerts in Kleiner. It's really a fantastic deal. The MDC is working on their budget. We should, hopefully, this -- the 29th we should be able to get it ready to have our public hearing in August, so it can go to the county in the 1st of September. I'm done. De Weerd: Mr. Rountree. Rountree: Had a pleasurable week last week being the mayor and just worked terribly hard dealing with all the crises and whatever. But, no, it was rather smooth and everything worked like clockwork. As far as the Mayor's activity, I'm going to let her talk about her activities, but welcome back and you're back now in the grind, so get rid of that cruise mentality and get back dealing with the budgets that we have all been working on and looking at, so -- Borton: Madam Mayor, a short update with Fire. We are -- in fact, we are probably due -- this week or last week got away from us, so due for another Meridian City Council Workshop July 14, 2015 Page 44 of 47 meeting, but one of the things that we are going to be following up with and, then, bringing back to the Council is some of the discussion that ties into the budget. Discussion we will have next week, too, is the replacement cycle and usage of the fire engines in particular and alternate resources available for the department to, you know, stretch out the lifespan of -- of those capital expenditures and, then, we will also be discussing the latest and greatest with a master plan, a more regional approach, trying to create some deficiencies that we might have a chance to consider just to make those cost more sustainable. De Weerd: Mr. Zaremba. Zaremba: Thank you. Well, as you can tell from tonight's agenda, there is a lot going on in Public Works. They continue to be forward-looking and planning for the future to make sure that we are covered both for water and wastewater needs and their other responsibilities are being handled as well and very busy place. Legal Department is quite a bit quieter, although they are all busy as well, but, Andrea, who was a part-time attorney, has stepped right into being a full- time attorney without hardly time to catch her breath and doing a good job at that, so we appreciate the approval of that a month or so ago. That's it for the departments. De Weerd: Okay. Well, thank you for your updates and it is nice to be back. We celebrated my parents' 60th wedding anniversary and they appreciated the time together and the attention. So, thank you, Mr. Rountree, for stepping in and certainly appreciate my office staff, they make it so -- I was even out of range, so I couldn't check e-mail or fax or anything. Rountree: Isn't it wonderful? De Weerd: That's probably the first time I hadn't responded to people and all of that. So, it was a little bit awkward, but I got used to it. Bird: Robert liked it, too. De Weerd: Yeah. Everyone in my office has clean desks, so I see they are raring to go again. Well, I will entertain a motion to adjourn into Executive Session. Rountree: We have an ordinance. Bird: Yeah. We got an ordinance. De Weerd: Oh, I -- Rountree: 9-A. Meridian City Council Workshop July 14, 2015 Page 45 of 47 Item 9: Ordinances A. Ordinance No. 15-1653: An Ordinance (AZ 15-003 Shelburne Subdivision) for the Annexation and Zoning of a Parcel of Land being Lots 1 and 2, Block 1, Zaldien Zerua Subdivision, as recorded in Plat Book 81 at Pages 8783 through 8784, Official Records of Ada County Idaho, and the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 28 Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Establishing and Determining the Land Use Zoning Classification of Said 30.205 acres of Land from RUT to the R-4 (Low Density Residential) Zoning District De Weerd: Okay. Item 9-A is an ordinance 15-1653. I will ask Madam Clerk to, please, read it by title only. Jones: Thank you, Madam Mayor. An Ordinance AZ 15-003, Shelburne Subdivision, for annexation and rezone of a parcel of land being Lots 1 and 2, Block 1, Zaldien Zerua Subdivision, as recorded in Plat Book 81 at pages 8783 through 9784, official records of Ada County, Idaho, and the south one half of the northeast one quarter of the southwest one quarter of Section 28, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4, low-density residential district, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard a reading of this very interesting ordinance. Is there anyone who would like to hear it read in its entirety? Bird: Seeing none, Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 15-1653 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Meridian City Council Workshop July 14, 2015 Page 46 of 47 Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Future Meeting Topics De Weerd: Any items to consider for future agendas? Bird: I have none. De Weerd: Okay. I would entertain a motion, then, under Item 11 to adjourn in to Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Idaho State -- or into Executive Session as per Idaho State Code 74-206(1)(c). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (5;28 p.m. to 6:51 p.m.) Item 11: Executive Session Per Idaho State Code 74-206 (1)(c): To Conduct Deliberations Concerning Acquiring an Interest in Real Property, Which is Not Owned by a Public Agency De Weerd: I would entertain a motion to come out of Executive Session. Cavener: So moved. Meridian City Council Workshop July 14, 2015 Page 47 of 47 Bird: So moved. I:1.7ieilt.- •tam De Weerd: All in favor say aye. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Let the record note that Councilman Rountree is not present. I would entertain a motion to adjourn. Bird: So moved. Zaremba: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 6:51 P.M. (AUDI fJIfjI6 FILE OF THESE PROCEEDINGS) MAYOR Y de WEER DATE APPROVED e�gco nuc.�sT ATTEST: 90 y of IANC CE OLMAN, CITY CLERK oAo n. SEAL IAi 7 A t / & Meridian City Council Meeting TE: July 14, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Professional Services Agreement/Emmelyn Redd's Professional Service Agreement for Artwork for Traffic Box Community Art Project: Emmelyn Redd's "The Performer" 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 PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMEN FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this _Qday of tJ 2015 ("Effective Date"), by and between the City of Meridian a municipal corporation organized under the laws of the State of Idaho ("City"), and ` r / I of pCo.lat ("Contractor"), an individual person and parent or legal guardian PRINTNAMEOFPPAAR NTORLEGALGUARDIAN of Emmelyn Redd, a minor child ("Artist") WHEREAS, the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission ("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for reproduction on vinyl wraps to be installed on traffic signal boxes in Meridian, with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project ("Project"), as a benefit to the public; WHEREAS, Artist submitted a response to the Call for Artists, which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 18, 2015, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the artwork submitted by Artist, and on June 9, 2015, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 15-1070; WHEREAS, MAC recommended to City Council that a piece of art entitled The Perfonner, depicted in Exhibit C hereto ("Artwork"), created by Artist and included in the Traffic Box Art Image Repository, become an installation as part of the Project, and the Meridian City Council accepted MAC's recommendation; and WHEREAS, Artist and Contractor wish to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person, property, or interests. Insurance of original Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on PROFESSIONAL SERVICES AGREEMENT—TRAFFIC BOX COMMUNITY ART PROJECT PAGE I of 9 a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork. Contractor expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Contractor warrants and represents that the Artwork has never before been created, published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the Artwork and the content depicted therein. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Contractor for services rendered pursuant to this Agreement in the amount of three hundred dollars ($300.00). This payment shall constitute full compensation from City to Contractor and to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Contractor and/or Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Contractor consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. II. TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor, Artist, or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. PROFESSIONAL SERVICES AGREEMENT—UTILITY BOX WRAP PAGE 2 of 9 C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or between Contractor and any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Compliance with law. Contractor and Artist shall comply with any and all applicable federal, state, and local laws. J. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. K. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. I WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of _�& 2015. CONTACTOR: Print Name: :ehf ILtp KP Parent or Guardian of mmelvn Redd CITY Oily of BY: r/ y! M `inae y E4A Tammy � erd, Mayor r �`�d: rasesu%s ARTIST: ArM l & i Emmelyntedd City PROFESSIONAL SERVICES AGREEMENT—TRAFFIC Box COMMUNITY ART PROJECT PAGE 3 of 9 EXHIBIT A CALL FOR ARTISTS PROFESSIONAL SERVICES AGREEMENT— UTILITY BOX WRAP PAGE 4 of 9 MeridiatnCorn mission Cat( for Artists: TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. A $300 stipend shalt be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City's selected vendor. ELIGIBILITY: The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho's Treasure Valley, created using any medium, so long as it can be represented in a high-resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to ten (10) images for consideration; a maximum of two (2) images per person will be selected for inclusion in the repository. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: • Completed, signed Traffic Box Art Image Repository Application £t Acknowledgements form; • One-page letter of intent, including biography of the artist, on 8.5x11" sheet of 20 lb., white paper; and • Up to ten (10) digital images, in .jpg format, of original artwork proposed for inclusion in the digital repository, on a CD or jump drive; image file names must include artist's last name and artwork title. Materials submitted will not be returned. E-mailed submissions will not be accepted; materials must be submitted via U.S. Mail or in-person delivery, addressed to: Meridian Arts Commission Attn: Traffic Box Art Digital Repository Proposal 33 East Broadway Avenue Meridian ID 83642 DEADLINE: This call shall be open until 5:00 p.m. on Friday, May 1, 2015. SELECTION PROCESS: The selection of art for inclusion in the digital repository will be made by MAC. MAC will jury submissions at its regularly scheduled meetings, as they are received. MAC wilt notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a public space; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of the Meridian community. Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via e-mail to mac@meridiancity.org. EXHIBIT B APPLICATION MATERIALS PROFESSIONAL SERVICES AGREEMENT- UTILPIY BOX WRAP PAGE 6 of 9 11 Applicant: E-mail address: Mailing address: Physical address: Applicant phone: Image title(s): I hereby acknowledge the following stipulations and agree that if one of the images listed above is selected for inclusion in the Traffic Box Art Digital Repository, such inclusion shall occur subject to these general terms and conditions, as well as subject to other specific terns and conditions that shalt be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge and agree that: A. All artwork submitted with this proposal for consideration for inclusion in the digital repository is original work that i myself conceived and created in all respects. B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap, I will be required to enter into a written agreement with the City of Meridian establishing the specific terms and conditions of such installation. No entitlement will issue or attach prior to negotiation and execution of such agreement. C. Before work represented in the repository may be installed as a vinyl traffic box wrap, I will be required to provide the original artwork from which the image was taken. if the original artwork is no longer in my possession, i will adNise the Meridian Arts Commission so that the image may be removed from the digital repository as!a potential option for installation as a vinyl wrap. C� D. Upon submission of artwork to the City of Meridian for consideration for inclusion in the WITIAL digital repository, such submission is a public record, subject to the Idaho Public Records Act. E. Artwork included in the digital repository may be removed from the repository, and/or the repository may be deleted or discontinued, without notice to the artist. q�, F. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that persons of diverse ages and perspectives feel welcome and comfortable in public spaces. To this end, only artwork meeting the eligibility standards described in the Call for Artists shall be included in the digital repository. I acknowledge and understand, and submit my proposal subject to, each and all of these terms and conditions. • Signature: _AxlyliF '%1 fC"Date: • Emmelyn Redd 10th grade 28 April 2015 Traffic Box Art Image Repository Biography and Letter of Intent My name is Emmelyn Redd, and my passion for visual art has only grown over the years. My whole life has brought many opportunities to practice my talent, and my long-term goal is to become famous as the great artists of the past. As a young artist, I have been eager to display my work as my skills have improved. I plan to exceed towards a full-time career in art illustrating and selling commissions. To make myself known I have attempted to participate in many opportunities to display my work in art shows and galleries, yet opportunities rarely present themselves to me to display art on a larger public scale. I intend to build a portfolio of successes and accomplishments, perhaps even awards, so that I may apply and be accepted into a worthwhile college of the arts. Having my work presented on a public traffic box would be such an honor and a great thing to add to my resume. • I have a firm, long-lasting and indestructible affection for art, and as side enjoyments I sing and play the piano. I'have committed myself to the arts my whole life, and am currently attending Idaho Fine Arts Academy, which previously has been a private school for the arts yet has recently been made public. I have dedicated nearly all of my class electives towards visual art, and am currently using two periods for advanced art plus periods for design and illustration. I am dedicated to my schoolwork, and believe that efficiency is key. I also believe that all of my work should be completed using my best efforts, otherwise there's no point in doing it at all. I take my assignments at school seriously and do my best, using the time I have to work efficiently and to the fullest amount it offers. My grades have exceeded my goal of staying an A student, and I am completely devoted to my classes and have much respect for my teachers. I have many of my teachers to thank for the opportunities to create artwork and put it on display. I want very much to go far in my life with art. What a blessing it would be to be able to support my future family, by doing what I love. This traffic box art would give me the opportunity to display my artistic ability, with the assurance that people want to see my work and enjoy it. God has given me a passion and the talents to excel in the arts. I would so love to give to my community by 0 sharing this passion. Thank you for giving me the opportunity. EXHIBIT C THE PERFORMER PROFESSIONAL SERVICES AGREEMENT -TRAFFIC BOX COMMUNITY ART PROJECT PAGE 9 of 9 Meridian City Council Meeting DATE: July 14, 2015 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Professional Services Agreement/William Beaman Professional Service Agreement for Artwork for Traffic Box Community Art Project: William Beaman's "I Love My Dog" MEETING NOTES -F-60' 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 PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREE,I�]QT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this day of o ,112015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and KinRENT c �{ v� ("Contractor"), an individual person and parent or legal guardian PRINT AME OF PAOR LEGAL OUARDIAN of William Beaman, a minor child ("Artist"). WHEREAS, the City desires that public art will be a component of our community and to that end, has undertaken the Traffic Box Community Art Project ("Project"), within which artwork created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District, as a benefit to the public; WHEREAS, Mayor Tammy de Weerd selected a piece of art created by Artist entitled I Love My Dog, depicted in Exhibit A hereto ("Artwork"), which was displayed at the 2015 West Ada School District Student Art Show, to win the "Meridian Mayor's Choice Award Winner," the Mayor recommended to Meridian City Council that such Artwork become an installation as part of the Project, and on June 2, 2015, the Meridian City Council accepted MAC's recommendation; and WHEREAS, Artist and Contractor wish to participate in the Project by allowing the Artwork to become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. B. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork. Contractor expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. PROFESSIONAL SERVICES AGREEMENT—UTILITY Box WRAP PAGE 1 of 4 C. Limited edition. Contractor warrants and represents that the Artwork has never before been created, published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the Artwork. D. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. E. Payment. City shall make total payment to Contractor for services rendered pursuant to this Agreement in the amount of fifty dollars ($50.00). This payment shall constitute full compensation from City to Contractor and to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Contractor and/or Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. F. Photographs. Contractor consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. II. TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor or Artist in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. PROFESSIONAL SERVICES AGREEMENT—UTILITY Box WRAP PAGE 2 of 4 E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Compliance with law. Contractor and Artist shall comply with any and all applicable federal, state, and local laws. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. I q -"- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the -9—� day of July, 2015. CONTACTOR: Print Name: O� Parent or Guardian of William Beaman CIT M ARTIST:9 %/ William Beaman PROFESSIONAL SERVICES AGREEMENT— UTILITY Box WRAP PAGE 3 of 4 EXHIBIT A I LOVE MYDOG Alt-11 .• ($ �y�ia4�ay.siK IFR��q V. V r`r( aKyt ' a t c � a fr Y r {t r r t A �r PROFESSIONAL SERVICES AGREEMENT- UTILITY BOX WRAP PAGE 4 of 4 Meridian City Council Meeting DATE: July 14, 2015 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Heritage Grove Heritage Grove Subdivision No. 2 Waterline Easement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015.063653 BOISE IDAHO Pgs=5 NIKOLA OLSON 07(1512015 01:18 PM '- MERIDIAN CITY NO FEE� 0012186822011500006366300500567 WATER MAIN EASEMENT THIS INDENTURE, made thisLLL day Wf ,A ,, 20`S between Green Village Development, Inc. . the patties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the - premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and: subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times: TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush; or perennial shrubs or flowers within the area, described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Water Main Easement— Heritage Grove No. 2 EASMT WAT 11-15-13.doc THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and casement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is apart thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title , and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Green Village D elop ent, Inc. Tucker M. Jo on, President 372 S. Eagle d., Ste. 328 Eagle, ID 83616 STATE OF IDAHO ) ss County of Ada ) On this day of � U A e 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared Tucker M. Johnson, known or identified to me to be the President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 0m2 - (SEAL) °►` NOTARY PUBL C FOR IDAHO No?,a Residing at: t CA m Commission Expires: 0 G Ic 1 Water Main Easement — Heritage Grove No. 2 EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN voltATL111'.- -M 1, UC $G0` Tammy d er Mayorcltyof � p 'w � runrru Attest by aycee L. Holmfa Cly Clerk ^°o, rdr iAEASUA'E Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) �L�Ja� On this � day of �'j 20 � , before me, the undersigned, allotary Public in and for said State, personally appeared Tammy de Weerd and T , r u 1 jacy Dov es known to me to be the Mayor and City Cleric, respectively, of the City of Meridian, Idaho, and who executed the within instrument; and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. off He ff 0 (SEAL) : " T10T `.� ++ NOTARY PUB v IDAHO r Residing at: C Commission Expires: Of Water Main Easement—Heritage Grove No. 2 EASMT WAT 11-15-11doc EXHIBIT A WATERLINE EASEMENT DESCRIPTION FOR GREEN VILLAGE DEVELOPMENT INC. An easement located in the SE'/4 of the SE Y4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County; Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said SE '/ of the SE '/4, from which a 5/8 inch diameter iron pin marking the southwesterly corner of said SE'/4 of the SE `/4 bears N 89°47'05" W a distance of 1324.60 feet; Thence N 89°47'06" W along the southerly boundary of said SE '/4 of the SE Y4 a distance of 662.30 feet to,a point; Thence leaving said southerly boundary N 0°34'10" E a distance of 48.00 feet to the POINT I OF BEGINNING; Thence continuing N 0'34'10" E a distance of 134.89 feet to a point; Thence N 45°13'07" E a distance of 21.07 feet to a point; Thence S 0°31'11" W a distance of 19:86 feet to a point; Thence S 89'46'17" E a distance of 5.18 feet to a point; Thence S 0°11'28" W a distance of 129.92 feet to a point on the northerly right-of-way of Ustick Road; Thence N 89°47'06" W along said northerly right-of-way a distance of 20.86 feet to. the POINT OF BEGINNING. This parcel contains 2,838, square feet (0.065 acres) acres and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Prop, r. Civil Survey Consultants, Incorporated' Cju rt t Z,�p March 31, 2015 ic Soot O� 41 R C�9 I h I i 9 I I J 76'6Zl z-7 . — - � <^` 1N3W35V3 dNf7N31NM m ,88'*Fl 3 „01,kO—N O O b C W N e y O� 41 R C�9 I h I i 9 I I J 76'6Zl z-7 . — - � <^` 1N3W35V3 dNf7N31NM m ,88'*Fl 3 „01,kO—N lq O b C 0 N b Lig Cj a L,Q°`�. �^ Qo Baa co Lij 1 b LQ Q 4m JZQo � 7� `lJ � V Q W34 \J oaf W ® O� 41 R C�9 I h I i 9 I I J 76'6Zl z-7 . — - � <^` 1N3W35V3 dNf7N31NM m ,88'*Fl 3 „01,kO—N A O b C Q, N b ) z a zNoh N Baa co b Q 4m JZQo � 7� ' Zooms � W34 oaf W ® y W DWw �llN� JmaaI Q Ld ..NJ A O b M N b a 3„01,P£0 00'86 N b 4m � b b b W Meridian City Council Meeting DATE: July 14, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Ventana Commons Ventana Commons Subdivision Sanitary Sewer Easement 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 ADA COUNTY RECORDER Christopher D. Rich 2015-063656 BOISE IDAHO Pgs=6 NIKOLA OLSON 07/15/2015 01:18 PM MERIDIAN CITY NO FEE 111111111111111111111111111111111111 IN IIS I II SII 00121861201500636560060062 SANITARY SEWER EASEMENT 'Lit 3vl�I THIS INDENTURE, made this day of , 2015, between Ventana LLC, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD the said easement and right-of-way unto the said GRANTEE, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Ventana Commons Sanitary Sewer Main Easement THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. Ventana Commons Sanitary Sewer Main Easement IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Ventana LLC Corey D. Barton, STATE OF IDAHO ) SS. County of Ada ) On this day of Tut st e_ , 2015, before me the undersigned, allotary Public in and for said state, personally appeared Corey D. Barton, brown or identified to me to be the person whose name is subscribed to the within instrument as a Member of Ventana LLC, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. y.Nr""" -T (SEAL) 9 e r ao �n Ventana Commons Sanitary Sewer Main Easement L�— NOTARY PUBLIC FOR IDAHO Residing at: h r o TL) Commission Expires: �-r" s -(4a GRANTEE: CITY OF MERIDIAN I" - 4 UCS p ! r Mayor c;, Y r -»d 0 � ref ^� N SE{�S� "A S1 t1L � 2 Attest by Jaycee L. Holm Clerk r fq o//Or ratnsu4�' Approved By City Council On: p STATE OF IDAHO ) 6X7 County of Ada On this _— day of , 2015, before me, the undersigned, a Notary Public in and for said State, persoi ally appeared Tammy de Weerd and -�" JoYeS known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ALCY 00 (SEAL),Il' r NO lC^' NOTARY PUBLIC ^ (n,R DA Residing at: l�� I��. T 0�, ,fp Commission Expires: �� l 14�0 A%441e' Ventana Commons Sanitary Sewer Main Easement June 10, 2015 Meridian City Sanitary Sewer Easement Proposed Ventana Commons Subdivision An easement located in the SW'/ of Section 30, TAN., R.1 E., B.M., Ada County, Idaho, being a strip of land 20.00 feet in width, right of and adjacent to the following described easement line: Commencing at the `/4 corner common to Section 25 of TAN., R.I W., and the said Section 30, from which the Southwest corner of said Section 30 bears South 00°23'00" West, 2640.13 feet; Thence along the west boundary of the SW '/4 of said Section 30 South 00°23'00" West, 1615.13 feet; thence leaving said boundary South 89'46'14" East, 799.74 feet to the BEGINNING POINT of this easement line; Thence North 0093'46" East, 171.07 feet to the ENDING POINT of this easement line. Said easement containing 3,421 s.f., more or less. p L LA NO iR GAG a. 11118 9 P �� PF 0 F 5� �ToN 140425-ssease.doc / I I r T11/4 25'30 I I I I 3I C7 �I 'oo;M Z_ p m O 3I O oI • � o N bl0 vNl I I I I I 125 30 — •36 31 3w_ did SCALE 1"=100' DWG.DATE 06/10/15 bkb PROs. NO. 140425 SHEET 1 OF 1 pROPOSED��NTANA COMMONS SUED MERIDIAN SANITARY SEWER EASEMENT VENTANA COMMONS SUBDIVISION LOCATED IN THE SW 1/4 OF SECTION 30, T.4N., R.1E, B.M. MERIDIAN, ADA COUNTY, IDAHO ENGINEERING SOLUTIONS. 1029 N. ROSARIO ST. STE 100 MERIDIAN, IDAHO 83616 Phone (208) 938-0980 Fax (208) 938-0941 Meridian City Council Meeting DATE: July 14, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Mountain Waterworks Approval of Task Order 10519.6 to Mountain Waterworks, Inc. for the "WRRF CENTRATE MODIFICATIONS - PRELIMINARY ENGINEERING REPORT" for a Not -To -Exceed amount of $61,680.00 MEETING NOTES ej Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, David Allison Date: 7/9/2015 Re: July 14th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 14th City Council Consent Agenda for Council's consideration. Approval of Task Order 10519.13 to Mountain Waterworks, Inc for the "WRRF CENTRATE MODIFICATIONS — PRELIMINARY ENGINEERING REPORT" for a Not -To -Exceed amount of $61.680.00. Recommended Council Action: Award of Task Order 10519.8 to Mountain Waterworks, Inc for the Not -To -Exceed amount of $61,680.00. Thank you for your consideration. • Page 1 CONTRACT / AGENDA CHECKLIST Date: 7/2/2015 REQUESTING DEPARTMENT Fund: 60 Department: 3590 GL Account: Construction: Task Order X Project Name: Project Manager: David Allison Contractor/Consultant/Design Engineer: Budget Available (Attach Report): yes Will the project cross fiscal years? Yes x Public Works 96164 Project If 10519.b PSA Equipment WRRF Centrate Modifications -PER Department Representative: Mountain Waterworks m Contract Amount: $61,680.00 Budget information: FY Budget: FY15 Enhancement#: Grant Ji: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder Highest Rated Master Agreement X (Bid Results Attached) (Ratings Attached) (Category) 2a TypicalAward Yes No If no please state circumstances and conclusion: Debarment Status(Grant/Federal Funded Projects Only) na (Type in date verified and the status) Date Award Posted: na 10 day protest period: na - PW License# na Expiration Date na Corporation Status Goodstanding Insurance Certificates Received (Date): Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes na No na (Only applicabale for projects above $1,000,000) March 13, 2015 na Expiration Date: July 23, 2015 Rating: A+_ Rating: na If yes, has policy been purchased? na Date Submitted to Clerk for Agenda: July 9, 2015 Approval Date By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: (Only for non Public Works Project) TASK ORDER NO. 10519.b Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND MOUNTAIN WATERWORKS, INC (ENGINEER) This Task Order is made this 14th day of July, 2015 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by (MOUNTAIN WATERWORKS, INC), hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2a) between the above mentioned parties dated October 1, 2014. The Project Name for this Task Order 10519.B is as follows: CITY OF MERIDIAN WRRF Centrate Modifications Preliminary Engineering Report PROJECT UNDERSTANDING The Engineer's scope of services, time of completion and compensation shall be as set forth herein. This Task Order is for professional engineering services generally related to preparing a preliminary engineering report (PER) for centrate modifications at the City's WRRF. SCOPE OF WORK Centrate generated from solids dewatering at the City's WRRF contains high ammonia and phosphorus concentrations. Currently, centrate is stored in a dedicated equalization tank and returned to the head of the plant over a 24-hour period. The existing bolted steel centrate tank is at the end of its useful life and redundancy is limited. The WRRF is able to meet current permit conditions for nutrient limits. More stringent future nutrient permit limits will be challenging and through modeling of the plant's performance, modifying the centrate return has been shown to significantly increase nutrient removal, specifically ammonia reduction. A PER will be developed by the Engineer to evaluate various options for centrate modifications. In general, the options will include the following components: • Centrate storage and equalization (i.e. above ground tank versus below grade tank) • Site location considerations • Relocating centrate return from the head of the plant to the aeration basins and/or RAS holding tank • Centrate pump station Task Order 10519.6 WRRF Centrate Modifications PER Page 1 of 3 Mountain Waterworks, Inc • Centrate storage mixing • Struvite mitigation measures • Future side stream treatment considerations • Future WRRF expansion considerations Alternatives for centrate storage, pumping, facility location, and return will be developed in the PER. A basic site plan, preliminary cost estimates, and an evaluation of economic and non- economic factors for each alternative will be included. Biowin process modeling will be completed by Engineer to evaluate centrate return location and timing to optimize nutrient removal. Engineer will work with other consultants as needed to coordinate centrate modification options. Project deliverables include: • Draft PER for City review and approval • Final PER for implementation of project design The anticipated schedule is as follows: • Draft PER to City — within 90 days of receipt of Notice to Proceed • Final PER to City —within 30 days of receiving City comments on draft PER ASSUMPTIONS The following tasks are not included within the scope of work: • Hydrology and hydraulic studies • Site survey • Design engineering services and construction support • Geotechnical testing • City to provide Biowin process model TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by July 2015 and resulting in Final Design being completed by November 2015. A NTP issued on a different date will change the schedule accordingly. COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation 1 Draft and Final PER • Estimated within 120 days of Notice to Proceed _ $61,680 TASK ORDER TOTAL $61,660.00 Task Order 10519.8 WRRP Cenlrate Modifications PER Page 2 of 3 Mountain Waterworks, Inc The Not-To-Exceed amount to complete all services listed above for this Task Order No. 10519.6 is sixty one thousand six hundred eighty dollars ($61,680.00}. No compensation will be paid over the Not-to-Exceed amount without prior written approval by the City in the form of a Change Order. Monthly invoices shall be billed as a percentage of work completed. Any and all travel will only be reimbursed if pre-approved by the Project Manager, and only per the City of Meridian Travel Policy. Reimbursable expenses will be paid at cost and only if pre- approved by the Project Manager, and accompanied by an itemized receipt. Any travel and/or reimbursables paid will bepaid as part of the Not-To-Exceed Task Order Total per the Compensation and Completion Schedule above. CITY OF MERIDIAN MOUNTAIN WATERWORKS, INC BY:14111111 // - _ - -- BY: TAMMY deers MAYOR TIM FARRELL, P. E. Dated:�l-Ay 1 't, Dbl.- i. =d: 07/02/2015 4Q0,TEu.4 UCG Approved by Council: 1 k. j ~ - ( yGw 0' El- 1 k... est: J ruauc� i � � JAYCE 4 L. MA7M ERK a°',f,r.eeeua1'4r g Purchasing A•prove! Deent , . oval BY: �, r BY: r, -. KEIT S, Pu asing Manager WA S EWART, Engineering Manager Dated: -77T/145 City Project Manager David Allison Task Order 10519.8 WRRF Centrale Modifications PER Pages of 3 Mountain Waterworks,Inc Meridian City Council Meeting DATE: July 14, 2015 ITEM NUMBER: PROJECT NUMBER: VAC 15-007 ITEM TITLE: Resolution Resolution No. k5 ` i O- :A Resolution (VAC 15-007) for the Vacation of a Portion (4'X 24' area) of the 10 -foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the East Boundary of Lot 10, Block 3 Platted with Staten Park Subdivision Located at 3056 N. Sunny Side Place in the NW '/4 of Section 3, Township 3 North, Range 1 West Boise Meridian, 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 ADA COUNTY RECORDER Christopher D. Rich 2015-063655; BOISE IDAHO Pgs=3 NIKOLA OLSON 07/15/2015 01:18 PM MERIDIAN CITYNO FEE 11111 Jill 11111111 00121860201500636550030035 CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION VACATING A PORTION (4' X 24') OF THE OF THE 10 - FOOT WIDE PUBLIC UTILITY, DRAINAGE AND IRRIGATION (PUDI) EASEMENT ALONG THE EAST BOUNDARY OF LOT 10, BLOCI{ 3 PLATTED WITH STATEN PARK SUBDIVISION. SUBJECT PROPERTY IS LOCATED AT 3056 N. SUNNY SIDE PLACE, IN THE NW '/, OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WE, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 7, 2015 the City Council of the City of Meridian, held a hearing on the vacation of a portion (4'X 24' area) of the 10 -foot wide public utility, drainage and irrigation (PURI) easement along the east boundary of Lot 10, Block 3 platted with Staten Park Subdivision, as shown in the attached Exhibit "A". WHEREAS, the subject property is located at 3056 N. Sunny Side Place in the NW '/4 of Section 3, Township 3 North, Range 1 West Boise Meridian, City of Meridian, Ada County, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion (4'X 24' area) of the 10 -foot wide public utility, drainage and irrigation (PUDI) easement along the east boundary of Lot 10, Block 3 platted with Staten Park Subdivision located at 3056 N. Sunny Side Place in the NW '/4 of Section 3, Township 3 North, Range 1 West Boise Meridian, City of Meridian, Ada County, Idaho, is hereby vacated. A copy of the necessary relinquishment is attached as Exhibit "A". ERICKSON VACATION— VAC -I5-007 PAGE I OF 2 Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this -LA day of July, 2015. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 14 day of July, 2015. STATE OF IDAHO, ) ) ss County of Ada ) On this 1'k day of , 2015, before me, the undersigned, a Notary Public in andjor sa'd State, person nally appeared TAMMY de WEERD and , known to melo be the Mayor and City Cleric, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fit4,qjj2ve written. •14 Imp Mle il (SEAL) 7+' NOTARY PUBLIC FOR I AHO 1" .4 RESIDING AT: l�(A Q_ / 1N��- ' j MY COMMISSION EXPIRES: lcj f -0000 ERICKSON VACATION- VAC -15-007 PAGE 2 of 2 EXHIBIT A Existing PUDI Easement to be Vacated $ sp, ,B S89-10FNEANM° B'r STATEN PARK POI. 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JJ]A'O Erickson Vacation — VAC -15-007 - 1 - Meridian City Council Meeting DATE: July 14, 2015 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Professional Services Professional Services Agreement with The Swirl for Musical Talent for Concerts on Broadway for a Not -to -Exceed Amount of $100.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this It day of July, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Jeanne Anderson, representing The Swirl, whose address is 10411 West Milclay Street, Boise, Idaho ("Promoter"). WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of - The Swirl, specializing in pop and soul; 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, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. The Swirl shall perform for the public from 6:30 p.m. to approximately 6:50 p.m., on Saturday, August 1, 2015, in the plaza at Meridian City Hall, at 33 E. Broadway Avenue, Meridian, Idaho. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on August 1, 2015, and The Swirl may rehearse and/or perforin sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. II. COMPENSATION. A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this Agreement in the amount of one hundred dollars ($100.00). This payment shall constitute full compensation from City to Promoter and/or to the members of The Swirl for any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of The Swirl shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. B. Cancellation of event. If The Swirl is present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the event is cancelled due to unforeseen events not caused by Promoter or the members of The Swirl. Any decision regarding whether to cancel the performance shall be made no earlier than 6:00 p.m. on August 1, 2015. C. Method of payment. Following the August 1, 2015 performance, Promoter shall provide City with a PROFESSIONAL SERVICES AGREEMENT—THE SWIRL, CONCERTS ON BROADWAY PAGE 1 of completed W-9 form and an invoice for the amount of one hundred dollars ($100.00) for services provided, which City shall pay within thirty (30) days of the performance. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. III. VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and The Swirl members from damage due to weather or other conditions. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of The Swirl shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. The Swirl's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and The Swirl shall comply with all City policies and requirements applicable to use of City property and facilities, including, but not limited to, those of the Parks & Recreation Department, and the Public Works Department/Building Maintenance Division. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or The Swirl shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. Promoter and The Swirl shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. IV. TERMS AND CONDITIONS A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Promotion of event. City shall promote Concerts on Broadway the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at Promoter's own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Chief of Staff. PROFESSIONAL SERVICES AGREEMENT— THE SWIRL, CONCERTS ON BROADWAY PACE of C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of The Swirl under this Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification and waiver. Promoter 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 Promoter and/or The Swirl, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and each member of The Swirl acknowledge that provision of the services described hereunder 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 terns of this Agreement, Promoter and each member of The Swirl shall, and hereby do, 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. F. Relationship of Parties. Promoter and each member of The Swirl is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Promoter or any member of The Swirl and City or any official, agent, or employee of City. Promoter and The Swirl shall retain the right to perform services for others during the tern of this Agreement. G. Compliance with law. Throughout the course of this Agreement, Promoter and each member of The Swirl shall comply with any and all applicable federal, state, and local laws. H. Non -Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of The Swirl shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. I. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. J. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. PROFESSIONAL SERVICES AGREEMENT—THE SWIRL, CONCERTS ON BROADWAY PAGE of K. Cumulative rights and remedies. 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. L. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. M. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: City: Promoter: City of Meridian Jeanne Anderson Emily Kane, Deputy City Attorney 10411 West Milelay Street 33 E. Broadway Avenue Boise, Idaho 83704 Meridian, Idaho 83642 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. N. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, she is duly authorized to act as the representative and agent of The Swirl and each and every member thereof. The undersigned further warrants that she is authorized to bind The Swirl and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of The Swirl and its members. O. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of Rffiey, 2015. PRO_114 t MOTER: anne Anderson for The Swirl C 43 ��,n{2A'fUb AUCG � s9 P ' a'yoe I;. SEyy, P o®fid° TRF AS�RQ� PROFESSIONAL SERVICES AGREEMENT -THE SWIRL, CONCERTS ON BROADWAY PAGE of Meridian City Council Meeting DATE: July 14, 2015 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Communitv Items/Presentations 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: July 14, 2015 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Public Works Public Works: Public Works Week Debrief and Check Presentation 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: July 14. 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items moved from Consent Agenda 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: Julv 14, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Award of Bid/Ultraviolet Disinfection Approval of Award of Bid and Agreement to Performance Systems, Inc. for the "ULTRAVIOLET DISINFECTION IMPROVEMENTS" Project for a Not -To -Exceed Amount of $2,299,172.00. MEETING NOTES a Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS WIDIAN*.-.-,-- Public D A H O Works Department TO: Purchasing FROM: Emily Skoro Staff Engineer II DATE: July 7, 2015 Mayor Tammy de Weerd CRy Council Memberss Joe Borton Keith Bird Luke Cavener Brad Hoaglun Charles Rountree David Zaremba SUBJECT: PROJECT INFORMATION MEMO - CONSTRUCTION AGREEMENT FOR THE WASTEWATER RESOURCE RECOVERY FACILITY — UV DISINFECTION SYSTEM EXPANSION CONSTRUCTION PROJECT WITH PERFORMANCE SYSTEMS, INC. (PSI) FOR A NOT TO EXCEED AMOUNT OF $2,294,470.00. I. DEPARTMENT CONTACT PERSONS Emily Skoro, Staff Engineer II (Project Manager) 489-0356 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 John McCormick, Deputy Director of Public Works 489-0378 IT. DESCRIPTION A. Background The current firm capacity of the ultraviolet disinfection system at the Wastewater Resource Recovery Facility is 10 million gallons per day. The UV system will need to be expanded to accommodate future flow and load conditions as the City grows. Additional UV capacity is needed to improve the maintenance of our UV system. Even though the UV system has two channels, operation with one channel out of service during peak flows presents a significant challenge. By increasing the UV system capacity, plant staff will have the ability to adequately treat peak flows through up to three channels while allowing the fourth channel to be shut down for maintenance activities. Increased disinfection capacity will ensure that the required UV dose can be delivered while maintaining compliance with the NPDES permit requirements. Page I of 3 The project includes the construction of a building to enclose the ultraviolet disinfection system to provide protection for the ultraviolet disinfection equipment from freezing temperatures. This building will likely increase the life of the disinfection system and reduce operation and maintenance costs by decreasing the frequency of lamp cleaning. B. Proposed Project PSI will provide construction services for the final phase of the project. PSI will expand the existing UV disinfection system to four 7.5 million gallon a day channels, construct a new building over the UV system, install a new parshall flume, and install a new outfall pipe in Five Mile Creek. IV. IMPACT A. Strategic Impact: This project meets our mission requirements to identify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: Increased ultraviolet disinfection capacity at the Wastewater Resource Recovery Facility will support departmental objectives to develop and employ strategies that comply with current and pending National Pollutant Discharge Elimination System Permit (NPDES). C. FiscalImnact: Proiect Costs Phase 1 Design Phase 2 Design Construction Support Services Special Inspection UV Equipment Procurement Construction Contract Total Project Funding FY14 UV Disinfection Project FYI UV Disinfection Project FY16 UV Disinfection Project Total Funding Page 2 of 3 3590-92100 3590-96174 3590-96174 $191,571.00 $222,117.00 $167,655.00 $25,587.50 $487,979.00 $2,294,470.00 $3,389,379.50 $200,000.00 $2,200,000.00 $3,400,000.00 $5,800,000.00 VI. TIME CONSTRAINTS Council's approval will allow this project to increase the capacity and improve the performance of the ultraviolet disinfection system at the Wastewater Resource Recovery Facility that was initiated in fiscal year 2015 to be constructed. Department Approval: Page 3 of 3 CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 6/26/2015 REQUESTING DEPARTMENT PUBLIC WORKS Fund: 60 Construction: Project Name: Project Manager: F.5 Department: Skoro Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Yes 3590 GL Account: 96174 Project # PSA: Task Order: ULTRAVIOLET DISINFECTION IMPROVEMENTS Department Representative: n/a PSI / CH2M HILL Contract Amount: $2,299,172.00 Will the project cross fiscal years? Yes X No Budget Information: FY Budget: 15/16 Enhancement#: 9 Grant #: Other: Type of Grant: CONTRACT CHECKLIST 10055.A 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: This award will be funded over 2 fiscal years. Currently there is only $1,289,423.27 available. The remainder of $1,009,748.73 will be funded out of FY16 upon Council's approval of the budget. 10 Day Waiting Period Complete: PW License# PW -C-15743 Corporation Status July 2, 2015 Current? (attach print out) Goodstanding Date Award Posted: June 22, 2015 Yes Insurance Certificates Received (Date): July 6, 2015 Rating: A+ Payment and Performance Bonds Received (Date): July 6, 2015 Rating: A+ Builders Risk Ins. Req'd: Yes X No If yes, has policy been purchased? No (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: July 6, 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 L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Emily Skoro Date: 7/6/2015 Re: July 10 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 14th City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to Performance Systems Inc. for the "ULTAVIOLET DISINFECTION IMPROVEMENTS" project for a Not -To -Exceed amount of $2.299.172.00. Recommended Council Action: Award of Bid and Approval of Agreement to Performance Systems, Inc. for the Not -To -Exceed amount of $2,299,172.00. Thank you for your consideration • Page 1 CONTRACT FOR PUBLIC WORK CONSTRUCTION UV DISINFECTION IMPROVEMENTS PROJECT # 10055.A THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 14th day of July, 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 Performance Systems, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 2204 E. Lanark St., Meridian, ID 83642 and whose Public Works Contractor License # is PWC -C- 15743. INTRODUCTION Whereas, the City has a need for services involving UV DISINFECTION IMPROVEMENTS; 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 Contract 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 Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the 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, UV DISINFECTION IMPROVEMENTS page 1 of 17 Project 10055.A 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 Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $2,299,172.00. 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. Funding: Funding for this project will be split between fiscal year 2015 (Oct. 2014 — Sept. 2015) and 2016 (Oct. 2015 — Sept. 2016). Currently the City has $1,280,000 available for FY 2015 the remainder is subject to FY2016 budget approval. UV DISINFECTION IMPROVEMENTS page 2 of 17 Project 10055.A 4. Term: 4.1 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 Exhibit A. 4.2 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. 4.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit 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. 5. Liquidated Damages: Substantial Completion shall be accomplished within 322 (three hundred twenty two) 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 371 (three hundred seventy one) 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 in the Payment Schedule for Substantial Completion. 6. Termination: 6.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations underthis Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective UV DISINFECTION IMPROVEMENTS page 3 of 17 Project 10055.A 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. 6.2 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. 7. Independent Contractor: 7.1 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 Exhibit 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. 7.2 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. 7.3 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. 8. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 UV DISINFECTION IMPROVEMENTS page 4 of 17 Project 10055.A 9. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled forwork under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 10. Indemnification and Insurance: 10.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain throughout the term of this Agreement liability 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 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. 10.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. UV DISINFECTION IMPROVEMENTS page 5 of 17 Project 10055.A 10.3 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. 10.4 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. 10.5 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. 10.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 10.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 11. 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. 12. 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. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 13. 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. UV DISINFECTION IMPROVEMENTS page 6 of 17 Project 10055.A 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. 14. 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. 15. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 16. 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: hltp://www.meridiancity.oro/environmental.aspx?id=13618. 17. ACRD: 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. 18. Reports and Information: 18.1 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. 18.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of UV DISINFECTION IMPROVEMENTS page 7 of 17 Project 10055.A 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. 19. 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. 20. 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. 21. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. 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. 22. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents with the exception of 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. UV DISINFECTION IMPROVEMENTS page 8 of 17 Project 10055.A 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. UV DISINFECTION IMPROVEMENTS page 9 of 17 Project 10055.A 30. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 31. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 32. 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. 33. 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. 34. 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 Performance Systems, Inc. Purchasing Manager Attn: Kaleo Nawahine 33 E Broadway Ave 2204 E. Lanark St. Meridian, ID 83642 Meridian, ID 83642 208-489-0417 Phone: 208-287-0800 Email: tconger@psig.com Idaho Public Works License # PWC -C-15743 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. 35. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. UV DISINFECTION IMPROVEMENTS page 10 of 17 Project 10055.A CITY OF MERIDIAN __._- BY: TAMMY de r6l MAYOR Dated: \ lA I`j . c)Cl\\'� Approved by Council:�� Atte c 1/ JAYCEE L. HOLMA I, CI Purchasing Approval BY: KEIT ATTS, Purc asing Manager Project Manager Emily Skoro, Staff Engineer II UV DISINFECTION IMPROVEMENTS Project 10055.A PERFORMAN S TEMS, INC. BY: KALEO NAWAHINE Dated: Go`CpAcnret»��LS 1 maunn F, SEAL TUBO yP�y �/A<TRF ASUR� r ; Depa Bient,Appr alp BY: -� �� V WARREN STEWART, Engineering M'a'nager Dated::- page ated: page 11 of 17 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -15-10055.A ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -15-10055.A, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the 2012 version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • PLANS NAME BY CH2M HILL dated 4-30-2015 (72 of pages) • SPECIAL PROVISIONS/TECHNICAL SPECIFICATIONS VOLUME 1 by CH2M HILL dated April 2015 (550 of pages) • SPECIAL PROVISIONS/TECHNICAL SPECIFICATIONS VOLUME 2 by CH2M HILL dated April 2015 (494 of pages) UV DISINFECTION IMPROVEMENTS page 12 of 17 Project 10055.A Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $2,299,172.00. MILESTONE DATES/$CHEDU4 E Milestone 1 Substantial Completion 322 Days from Notice to Proceed Milestone 2 Final Completion 371 Days from Notice to Proceed PRICING 3CHEDUE . Contract includes furnishing all labor, materials, equipment, and incidentals as required for the NAME OF PROJECT per IFB PW -15-101 Total Bid Schedule General / Sitework ...................$557,927.00 Total Bid Schedule A ...................$665,987.00 Total Bid Schedule B ...................$434,766.00 Total Bid Schedule C ...................$640,492.00 CONTRACT TOTAL ....................... 2.299.172.00 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. Contracf:P.ricing Schedule GENERAL / SITEWORK Item No. Description Quantity Unit Unit Price 1 General Requirements 1 LS $158,109 2 Mobilization / Demobilization 1 LS $29,176 3 Storm Water Pollution Prevention Control 1 LS $6,154 4 Dewatering 1 LS $22,750 5 Temporary Shoring 1 LS $143,394 UV DISINFECTION IMPROVEMENTS page 13 of 17 Project 10055.A 6 Yard Pipe Demolition 1 LS $60,600 7 Site Electrical Demolition 1 LS $20,477 8 Existing Equipment Shelter Demolition 1 LS $5,410 9 Sidewalk and Misc. Site Concrete Demolition 1 LS $6,597 10 Stairway Temporary Relocation and Reinstall 1 LS $2,559 11 2" Plant Drain Pipe 1 LS $7,060 12 4" Non -Potable Water (W3 Relocation) 1 LS $6,876 13 Exterior Concrete Equipment Pads (incl. Bollards) 1 LS $3,533 14 Concrete Valley Gutter 1 LS $5,698 15 Storm Drain Catch Basins 1 LS $3,882 16 Storm Drain Conveyance Piping (incl. Roof Drain Pipe) 1 LS $12,070 17 Storm Drain Perforated Pipe and Header, French Drain System 1 LS $20,759 18 Site Grading and Restoration 1 LS $42,823 General / Site Work - Subtotal $557,927.00 Notes to Contractor: 1. Contract items #6 and #7 include caps, plugs, blind flanges, etc. required for terminations. 2. Contract item #18 shall include all re -spreading of native soils, re -vegetation, and site concrete and asphalt repair and replacement. SCHEDULE A: UV DISINFECTION SYSTEM Item No. Description Quantity Unit Unit Price 19 Temporary Bypass Pipe 1 LS $9,100 20 Existing Gate Demolition 1 LS $1,365 21 Existing Concrete Channel Wall Demolition 1 LS $19,405 22 Yard Pipe Between Post Aeration Basin and UV Inlet Channel 1 LS $113,405 UV DISINFECTION IMPROVEMENTS page 14 of 17 Project 10055.A 23 Concrete Inlet Channel Upstream of UV Channels (incl. Grating) 1 LS $67,935 24 UV Channel Conversion (incl. Temporary and Permanent Bulkheads, Grating) 1 LS $24,908 25 UV Outlet Channels with Weir Troughs and Effluent Channel (incl. Grating) 1 LS $111,313 26 24" FE Pipe from UV Effluent Channel to Existing Parshall Flume 1 LS $12,055 27 Slide Gates 1 LS $94,513 28 Install Owner -Furnished UV Equipment 1 LS $64,836 29 Install Stilling Plates 1 LS $569 30 4" PVC Hydraulic Line Ducting 1 LS $4,479 31 Control Instruments, Sensors 1 LS $6,489 32 Electrical and Controls Conduit, Conductors, Cables, Raceways 1 LS $88,963 33 Pipe Stilling Baffles 1 LS $3,680 34 Cleaning Tank 1 LS $5,028 35 2" Non -Potable Water (W3) Pipe 1 LS $8,963 36 Idaho Use Tax 1 LS $29,279.00 Schedule A - Subtotal $666,285.00 Notes to Contractor: 1. Contract item #19 includes incidental wall cores, pipe support, etc. 2. Contract item #25 includes 36" FE pipes 4 from UV channels to UV outlet channels. SCHEDULE B: PLANT DISCHARGE PIPE, FLUME, AND STREAM MONITORING INSTRUMENTS Item No. Description Quantity_Unit Unit Price 37 48" FE Plant Discharge Pipe 1 LS $286,257 38 84" Diameter Manhole 1 LS $19,352 39 72" Diameter Manhole 1 LS $19,233 UV DISINFECTION IMPROVEMENTS page 15 of 17 Project 10055.A 40 Parshall Flume Structure 1 LS $36,234 41 Parshall Flume Instruments (incl. conduit and conductors) 1 LS $23,318 42 FE Plant Discharge Outfall 1 LS $27,268 43 Outfall Bank Stabilization Riprap 1 LS $3,412 44 Bridge- and Flume Mounted Temperature Sensors (incl. conduit and conductors) 1 LS $14,560 45 Bollards at Parshall Flume 1 LS $5,132 Schedule B - Subtotal $434,766.00 Notes to Contractor: 1. Contract item #39 includes concrete structure, flume insert, stilling wells, concrete fill, grating, etc. 2. Contract item #41 includes concrete support base, clamp, 45 -degree bend, and final pipe end section. SCHEDULE C: BUILDING Item No. Description Quantity Unit Unit Price 46 Foundation Concrete Footing and Pedestal 1 LS $44,503 47 Foundation Concrete Slab on Grade 1 LS $28,889 48 Foundation Concrete Curb 1 LS $3,973 49 Concrete Equipment Pads 1 LS $319 50 Handrail / Guardrail 1 LS $2,798 51 Metal Building Framing 1 LS $95,296 52 Metal Building Walls, Roof, Openings 1 LS $51,829 53 Bridge Crane Assembly 1 LS $57,591 54 Tubular Daylighting 1 LS $26,008 55 Mandoors 1 LS $46,945 56 Coiling Overhead Door 1 LS $9,401 UV DISINFECTION IMPROVEMENTS page 16 of 17 Project 10055.A 57 Gutters & Downspouts 1 LS $3,071 58 Rubberized Covers over Grating 1 LS $3,819 59 HVAC Piping 1 LS $3,202 60 HVAC Direct Fired Air Handler 1 LS $60,191 61 HVAC Ceiling Fans 1 LS $3,296 62 HVAC Exhaust Fans 1 LS $11,779 63 HVAC Duct 1 LS $17,467 64 HVAC Single Zone Heat Pump 1 LS $8,287 65 HVAC Intake Louvers & Motors 1 LS $5,033 66 Electrical Room Electrical and Controls Equipment, Panels, and Instruments 1 LS $58,203 67 Building Interior Lighting 1 LS $42,273 68 Building Exterior Lighting 1 LS $11,548 69 Electrical Conduit, Conductors, Cables, Raceways 1 LS $24,304 70 Misc. Electrical Fitout 1 LS $6,923 71 Fire Extinguishers 1 LS $890 72 Misc. Signage and Labeling 1 LS $1,706 73 Interior Guard Posts 1 LS $1,977 74 Exterior Concrete Stoops/Landing and Aprons 1 LS $2,630 75 Exterior Guard Posts 1 LS $6,341 Schedule C - Subtotal $640,492.00 UV DISINFECTION IMPROVEMENTS page 17 of 17 Project 10055.A Premium: $28,855.00 Bond No. 106181573 Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Name, legal status and address) Performance Systems Inc. 2204 E. Lanark Street Meridian, ID 83642 OWNER: (Nance, legal status and address) City of Meridian 33 East Broadway Avenue Meridian, ID 83642 CONSTRUCTION CONTRACT Date: July 14, 2015 Amount: $ 2,299,172.00 SURETY: (Nance, legal stens and principal place of business) Travelers Casualty and Surety Company of America One Tower Square This document has Important legal Hartford, CT 06183 consequences. Consultation' with Mailing Address for Notices an attorney is encouraged with Construction Services, respect to Its completion or Travelers Bond and Financial Services modification. One Tower Square, Hartford, CT 06183 Any singular reference to Contractor, Surety, owner or other party shall be considered plural where applicable. Two Million Two Hundred Ninety Nine Thousand One Hundred Seventy Two Dollars and 00/100 Description: (vante and location) UV Disinfection Improvements. Project # 10055.A BOND Date: July 14, 2015 (Not earlier than Consimcdon Contract Dale) Amount: $ 2,299,172.00 Two Million Two Hundred Ninety Nine Thousand One Hundred Seventy Two Dollars and 00/100 Modifications to this Bond: x❑ None n Sec Section 16 CONTRACTOR AS PRINCIPAL Company: (Cor x eS )� Performance Systems Inc. Signature: ba Dame Kaleo Nawahine and Title: President (Any,.&itionol signatures appear on the last page of this Performance Bond.) (FOP LYFOR1MTION ONLY —Name, address and telephone) AGENT or BROKER: The Hartwell Corporation PO Box 400 Caldwell, ID 83606-0400 iZiYIM100I- 5.1882IAS 8/10 SURETY Company: (Corporate Seal,) Travelers Casualty anflSprety Company ofAmerica Signature - Name Ray and L. Wolfe and Title: Attorney -in -Fact OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) Qh § Inc Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shat] have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 I there is no Owner Default under the Construction Contract, the Surety's obligation under Oris 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 Oimer, Contractor mrd Surety to discuss the Contractor's performance. If the Owner docs not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of die Owners notice. If die 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 die Construction Contract and notifies die Surety; and .3 the Owner has agreed to pay the Balance of die 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 die notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner Inas satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with die consent of [lie Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 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 it contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 ht excess of the Balance of die Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify die Owner, citing die reasons for denial. § 6 I 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 an additional written notice from the Owner to the Surety demanding that the Surety perforin its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If die Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Omer shall be entitled to enforce any remedy available to the Owner. S•1852/AS 8110 § 7 If the Surety elects to out under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to lite Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 _liquidated damages, or if no liquidated damages are specified In the Construction Contract, actual damages caused by delayed performance or non-performance of the Conti -actor. § 81f the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such umclated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of ate work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. Ifthe provisions of ails Paragraph are void or prohibited by Irv, the minimum period of limitation available to sureties as a defense in dhejurisdiction of the suit shall be applicable. § 12 Notice 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. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have boon 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 behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement behveen the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to are agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, witch has not been remedied or waived, to perform or otherwise to comply with a material torn of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 if this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the temp Owner shall be deemed to be Contractor. 8.18521AS 8110 § 16 Modifications to this bond are as follows; (Space is provided below for additional signatures of added parties, other Man those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seat) Company: Signature: _ Name and fn 1w. 5-18521AS 8/10 Signature: Name and Title: Address (Corporate Seal) Bond No. 106181573 Document A312TM —2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: (Ararne, legal stanrs and address) Performance Systems Inc. 2204 E. Lanark Street It�i[�if'1FLwI�ekI:�y� OWNER: (Mame, legal stanrs and address) City of Meridian 33 East Broadway Avenue Meridian. ID 83642 CONSTRUCTION CONTRACT Date: July 14, 2015 Amount: $ 2,299,172.00 SURETY: (Name, legal stairs and principal place of business) Travelers Casualty and Surety Company of America One Tower Square This document has important legal Hartford, CT 06183 consequences. Consultation with Malting Address for Notices an attorney is encouraged with Construction Services, respect to Its completion or Travelers Bond and Financial Services modification. One Tower Square, Hartford, CT 06183 Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable. Two Million Two Hundred Ninety Nine Thousand One Hundred Seventy Two Dollars and 00/100 Description: (Nance and location) UV Disinfection Improvements. Project # 10055.A BOND Date: July 14, 2015 (Not earlier than Construction Contact Date) Amount: $ 2,299,172.00 Two Million Two Hundred Ninety Nine Thousand One Hundred Seventy Two Dollars and 00/100 Modifications to this Bond: X❑ None [] See Section 18 CONTRACTOR AS PRINCIPAL Company: (Corporate ' a Performance Systems I Signature: Name Kaleo Nawahine and Title: President (Arty addi(ional signanrr•es appear on the last page of this Payment Bond.) (h'OP1!VFORRb61T10NONLY —Name, address and telephone) AGENT or BROKER: The Hartwell Corporation PO Box 400 Caldwell, ID 83606-0400 208-459-1678 S-2149/AS 8/10 SURETY Company: (Corporal¢ Seal) Travelers Casualty"an rely Company of America Signature: Name Ray tftond L. Wolfe and Title: Attorney -in -Fact OWNER'S REPRESENTATIVE: (Architect, Engineer or other parry:) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation tinder 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 de Owner has satisfied the conditions in Section 3, the Surely shall promptly and al the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 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 furnished a written notice of non-payment to the Contractor, staling with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having lost performed labor or last furnished materials or equipment Included in lite Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 6.2 Claimants, who arc employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimanthas 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 lire Owner, within sixty (60) days after receipt of the Claim, staling the amounts that are 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 shall hndermify 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. § A 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 the Construction Contract and to satisfy claims, if any, under any construction performance bond, By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds 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. S-2149/AS 8/10 § 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 Surety hereby waives notice of any change, including changes of the, to the Construction Contractor to related subcontracts, purchase orders and other obligations. § 12 No suitor action shall be commenced by a Claimant under this Bond other than in a court of cofnpetentjurisdiction in the state in which the project that is the subject of the Construction Contract- is located or after the expiration of one year from the data (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the 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 thejurisdiction 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 of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been fiimished 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 herefrone 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. § 16 Upon request by any person or entity appearing to be a potential beneficiary of Oils Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including ata 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 orpurchase order pursuanfto 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; .6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount tamed by the Claimant for labor, materials or equipment furnished as of the data of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a dived 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. no term Claimant also includes any Individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against tire real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in thejurisdiction where the labor, materials or equipment were furnished. § 16,3 Construction Contract, The agreement between the Owner and Contractor identified on the cover page, Including all Contract Documents and all changes made to the agreement and the Contract Documents. S•2149/AS 8/10 § 16.4 Owner Default. Failure of the Owncr, 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. § 16.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § V If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor acid the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are us follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Address S-21491AS 8110 Signature: Name and Title: Address (Corporate Seal) INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casually Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc, Travelers Casualty and Surety Company of America SL Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 228083 Certificate No. 006024495 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, SL Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of lova, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Raymond L. Wolfe, Karl F. Baughman, Zachary Deane, Lynn Hawley, and Traci McClure of the City of Caldwell , State of Idaho , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNES-' WHEREOF, the Companies have caused this instrument to be signed and theircorporate seals to he hereto affixed, this 18th day of August , 2014 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty insurance Company:. ` Travelers Casually and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company State of Connecticut City of Hartford as. 091% Q dxWFtlBVtEeHAxrFOPD,1951 n898 �e•.58ALJa ,cavx. n d V AW By: Robert L. Raney, Zi., Vice President On this the 18th day of August 2014 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ,TET In Witness Whereof, I hereunto set my hand and official seal. �pTM My Commission expires the 30th day of June, 2016. O p��,p ry 58440-8-12 Printed in U.S.A. Marie C. Tenex lt, Notary Public IS INVALID WITHOUT THE RED This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, 'Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretory may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, (lie Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice Resident, any Assistant Vice President, any Secretary, any Assistant Secretary, and die seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Pact for purposes only of executing and attesting bonds and undertakings and other writings obligator' in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty hnsmanee Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Pard Guardian Insurance Company, St. Paul Mercury Insurance Cmnpany, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked. r IN IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this �/ / day of I , 20 i Kevin Hughes, Assistant Secr Lary c + ..oWt1YV 'o ' a p �na/ip FL'Yw.Q //// 43 4y�.r;1977 �MrA.9PoPAlm�ALI � a€ `� roP���\*-, f£".POPCORATf-ni Hnarrono. "al ass a� 1951 ' ". S C 1l I. 'o i corux \\cam. ern tess1p soar..r...r`lO�p 1 AM To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.coni. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. PERFO-3 OP ID: LY ,acoRO' CERTIFICATE OF LIABILITY INSURANCE 41 DATE IMM DONYYVj 06129/2015 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 policy(ies) 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 The Hartwell Corporation -Cal PO BOX 400 CONTACT Lynn Hawley PHONE -- --,-- FA% AIC No E.1:208-459-1678 p/c, No 208-054-1114 E-MAIL AooREss: lynn@thehartwellcorp.com Caldwell, ID 83606 Raymond Wolfe CLAIMS-MADEoccuR X INSURER(SLAFFORDING COVER AGE NAIC4 INSURER A: Charter Oak Fire Insurance Co 25615 P,x 01101/2015 INSURED performance Systems, Inc. INSURER B: Travelers Prop Cas of Am 25674 0.§ 2204 E Lanark Street Meridian, ID 83642 INSURER c:The Cincinnati Ins Co 10677 INSURER D: INSURER E INSURER F: PERSONAL& ADV INJURY 1,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. /NSR ADOL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MWDDNYYY MMIDUIYYYV B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000, DDD CLAIMS-MADEoccuR X DTC00462P65715 01101/2015 01/0112016 PREMISES Ea oE6 $ 300,000 _._ _.- MED EXP (Any one person)'. $ 5,000 PERSONAL& ADV INJURY 1,000,000 X Per Project Aggre G ENL AGGREGATE LIMIT APPLIES PER: �I$ GENERAL AGGREGATE IS 2,000,000 FVI POLICY PECO- I LOC PRODUCTS - COMP/OP AGO $ 2,000,000 Emp Ben. $ 1/2000000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea amiden BODILY INJURY (Per person) $ AX ANY AUTO X OT8100482P65715 01/01/2015 01/01/2016 _ ALL OWNED SCHEDULED HOURLY INJURY(Peramident) $ 'AUTOS AUTOS PROPERTY DAMAGE S _(Pe_r_amidenn NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAR LIAR X OCCUR EACH OCCURRENCE �$ 5,000,000 AGGREGATE $ 5,000,000 B X' EXCESS LIAB CLAIMSMADEDTCUP0482P65715 01/01/2015 01/01/2016 DED X I RETENTIONS 10,000 WORKERS COMPENSATION X'PER EOR STATUTE ER AND YIN -_ ELEACHACCIDENT Is 1,000,000 B ANY PROPRIETORIPARTNEREXECUTIVE DTSUB0482P65716 01/01/2016 01/01/2016 OFFICERAENBER EXCLUDED ❑ (Mandatory in NH) NIH E.L. DISEASE - EA EMPLOYE IS 1,000,000 If Yes, describe under DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT S 1,000,000 q Equipment Rental 660089611`628COF15 01/0112015 01/01/2016 Rented 300,000 Ded 25,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Certificate holder, City of Meridian, is named as an additional insured regarding the project: UV Disinfection Improvements, Project 1t10055.A per forms CG D2 46 08 05 b CG D3 16 11 11 and CA T3 53 03 10 included. CITM E-5 City of Meridian 33 East Broadway Avenue Meridian, ID 63642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 provisions 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 I — 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 H. Blanket Additional Insured — Lessors Of Leased Equipment I. Blanket Additional Insured -- States 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 f. of Section I — Coverage A — Bodily Injury And PropertyDamage 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. CG D$ 16 11 11 © 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6, of SEC- TION III — LIMITS OF INSURANCE: Subject to 5. above, the Damage To Prem- Ises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will apply to all 'property damage" proximately caused by the same 'occur- rence", whether such damage results from: tire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. 4. The following replaces Paragraph a. of the definition of "Insured contract' in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for 'premises damage" is not an "insured contract' 5. The following is added to the DEFINITIONS Section: "Premises damage" means 'property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1)(b) of SECTION IV -- COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV — COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGE: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of'oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person. 2; The following is added to Paragraph 2.a.(1) of SECTION 11— WHO IS AN INSURED: Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- ing to provide: (1) 'Incidental medical services" by any of your "employees" who is a nurse practi- tioner, registered nurse; licensed practical nurse, nurse assistant, emergency medi- cal technician or paramedic; or (it) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or vol- unteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan ser• vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi- ness, Page 2 of 6 0 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 3. The following is added to Paragraph 5. 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 failing 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 II — WHO IS AN INSURED: COMMERCIAL GENERAL LIABILITY C 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- ganization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end 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- tinue 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 II — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability 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- sidiary. CG D3 16 11 11 @2011 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED — OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II — WHO IS ANINSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to in- clude as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions: H. BLANKET ADDITIONAL INSURED — LESSORS OF LEASED EQUIPMENT The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury", "property dam- age", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Is caused, In whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: 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 equipment lessor does not apply to any "bodily injury" or b. The insurance provided to such premises "property damage" that occurs, or "personal owner, manager or lessor does not apply to: injury" or "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, tising 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 1. BLANKET ADDITIONAL INSURED - STATES any other basis, unless you have agreed in OR POLITICAL SUBDIVISIONS—PERMITS the written contract or agreement that this in- surance must be primary to, or non- The following is added to SECTION II — WHO IS contributory with, such other insurance, in AN INSURED: which case this insurance will be primary to, Any state or political subdivision that has issued a and non-contributory with, such other insur- permit in connection with operations performed by ante. you or on your behalf and that you are required Page 4 of 6 0 2011 The Travelers Indemnity Company. All rights reserved. CG 03 16 1111 by any ordinance, law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal in- jury" or "advertising injury" arising out of such op- erations. 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- litical 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 II — 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. (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: COMMERCIAL GENERAL LIABILITY (it) A manager of any limited liability company; or (iii) An executive officer or director of any other organization; that is your partner, joint venture member or manager; or (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 Part 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 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. L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following Is added to Paragraph 8., Transfer (1) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 © 2011 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of: a. "Bodily injury" or "property damage" that oc- curs; or b. "Personal Injury" or "advertising injury" caused by an offense that is committed: subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. N. CONTRACTUAL LIABILITY —RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement, 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is de- leted. Page 6 of 6 © 2011 The Travelers Indemnity Company. All rights reserved, CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies 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: a) 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 omissions 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 qualify as an additional insured with respect to the independent acts or omissions 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 shall 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 professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and If. 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". 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-contributory basis, this insurance is primary to 'other insurance' 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 'other insurance'. But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible 'other in- surance', whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such 'other insur- ance'. 4. As a condition of coverage provided to the additional insured by this endorsement: a) 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: i. How, when and where the 'occurrence' or offense took place; ii. 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. CG D2 48 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY 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 IL Notify us as soon as practicable. The additional insured must see to it that we receive written notice of 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 "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit' to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- once 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. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part 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. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc. CG D2 48 08 05 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the 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. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS W BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section I. C. EMPLOYEE HIRED AUTO The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours Is an "insured" while Who Is An Insured, of SECTION II - LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 03 10 © 2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV - BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 - LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II - LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II - LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV - BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (I) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (Iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury' or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of SEC- TION II - LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses Incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and Included within the limit described in Para- graph C., Limit Of Insurance, of SECTION II - LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 © 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance services Office, Inc. with its permission. N to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory Insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to Insurance, G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III—PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following Is added to Paragraph AA., Cover- age Extensions, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags In a covered "auto" you own that in- flate due to a Cause other than a cause of "loss" set forth in Paragraphs A.l.b, and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; It. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". CA T3 53 03 10 © 2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. COMMERCIAL AUTO W BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss' arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV—BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error In, any Information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 © 2010 The Travelers indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. U) H J N W w F z O 0 m sqn #01' Pue9 PI VON wnpuepp Z# wnpuepp wnpuepp Peu61 K O G Z > A L Y Y a c Sn O Q eTRAKiT Home I Setupan Account ILogin CenlfaclerIV PasswoN LOGIN ❑REMEMBERME For9olleasword Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations search Shopping Cart Pay All Fees Contact Contact us Page 1 of 1 Public Works Search -) Seafch Again Download Results Printable View I MENEM M1111111111111111111 ME Performance Systems, Inc. I PWC -C-15743 1 00001, 00003, 15400 1 1, 3, 4 1 UNLIMITED I ACTIVE I Performance: 17 First Prev Page:1 of 1 Next Last Details - License Number: PWC -C-15743 Lic Info Registration#: PWC -C-15743 Issue: 6/612014 Expire: 6/30/2015 Type: PUBLIC WORKS Sub -Type: UNLIMITED Status; ACTIVE Company: Performance Systems, Inc. Phone: (208)287-0800 Cell: (208) 867-5891 Pager: Fax: (208)287-0801 Owner Name: 01 The DMsmi of BdId r,Safely, makes every stand to produce and publish the most current and accurate samo ism possible. No wanenlies,expressetl orimplieQ are pmvidetl for the data herein, its use, or its interyretabon. Unionion of this website indicates understanding and acceptance of this statement. 1-000-9553044, 1090 E Walerno oar SI, Suite 150 Meridian ID 83842 HOME I CONTACT https://web.dbs.idaho.gov/etrakit3/Custom/Idaho_PublieWorksSearchRslts.aspx 7/7/2015 IDSOS Viewing Business Entity Viewing Business Entity Page I of 2 Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for PERFORMANCE SYSTEMS INC. ] [ Mannar PERFORMANCE SYSTEMS INC. business filings ] i 2204 E. LANARK STREET MERIDIAN, ID 83642 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 09 May 2007 State of Origin: IDAHO Date of 22 ]an 2003 Origination/Authorization: Current Registered Agent: KALEO NAWAHINE 2204 E. LANARK STREET MERIDIAN, ID 83642 Organizational ID / Filing C147311 Number: Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 17 Nov 2014 Annual Report Due: ]an 2016 Original Filing: Filed 22 ]an 2003 INCORPORATION Amendments, Amendment Filed 02 Nov NAME CHANGED 2004 TO PERFORMANCE SYSTEMS INC. Amendment Filed 09 May REINSTATEMENT 2007 Amendment Filed 02 Nov ARTICLES 2007 RESTATEMENT IO, 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 [ Help Me Print/View TIFF ] View Image (PDF format) View Image (TIFF format( [ Help Me Print/View TIFF ] View Image (PDF format) View Image (TIFF format) View Imaae�PDF format( View Image (TIFF format) View Imaae (PDF format) View Imacie (TIFF format) [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online http://www.accessidaho.org/public/sos/corp/C14731 l.html 6/26/2015 IDSOS Viewing Business Entity Page 2 of 2 Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2008 ANNUAL View Image (PDF format) View REPORT Image (TIFF format l Report for year 2007 REINSTATEMENT View Image (PDF format) View Image (TIFF formatl Report for year 2006 ANNUAL View Image (PDF formatl View REPORT Image TIFF format) Report for year 2005 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2004 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2004 CHNG View Image (PDF fgrmat} View RA/RO Image (TIFF format) Report for year 2004 CHANGE View Image (PDF format) View ADDRESS Image (TIFF format) Idaho Secretary of State's Main Page Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.gov http://www.accessidaho.org/public/sos/corp/C14731 I .html 6/26/2015 Meridian City Council Meeting DATE: July 14, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Police Department Police Department: Transfer of Assets to College of Western 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 June 24, 2015 Chief Jeff Lavey Meridian Police Department 1401 E. Watertower Street Meridian Idaho 83642 Dear Chief, 1 am writing to formalize previous discussions between the College of Western Idaho Law Enforcement Program ("CWI") and the Meridian Police Department ("MPD"). It is the desire of CWI to work with MPD in an effort to meet the needs of both organizations. Meridian is currently in the process of building a training scenario location. The current understanding is that MPD will be in need of certain furnishings to accomplish the training goals. CWI has a volume of used furnishings that includes office decor as well as items used in a culinary/restaurant setting. The College is willing to offer any items from its surplus Inventory that may be of use to the MPD as they continue to develop this community safety training resource. CWI is also excited for the opportunity to participate In training opportunities at this location for our students, and is in a position to work on areas of training that would benefit MPD, as well. The College has recently purchased a state-of-the-art firearms simulator system with the goal of making that system available to area agencies to utilize as it is available. With this in mind, one training slot from Ti Training Systems, at no cost to a Meridian officer, would be offered. This 3 day school is designed to train the officer to run the full simulator system. There have been discussions about the donation of vehicles from MPP in the past. It is hoped that the information in this correspondence provides a clear indication that the College is committed to building an on-going relationship with the Meridian Police Department and is grateful for the opportunity to work together. 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E J 0- O 'OO O j> >� d O O Cl N_. _ N y Q ai O dO ,JNc EN a _+ o o30 CRR0-0vo cFcO c ❑ _ ~ fl_ y N y N Ol c= C C 'E C 'E N U> 'O d U 0 (n (7 N LL LL O O M O C C C 0 m N d N C' Q 5.s OQO]'0 ❑ W ❑'O LL C) N Q m 0 E m `o O z c O O N W LL J i z °J W W U_ W QIL W J ❑ z O ^o ❑ Z O O L O N N ~ UO p CUi m J U LL m U o LL LU > C m ❑ Q U W a r O U � Q ai O Z_ G K O 0 N LL z a g Q _0 W co (CU LL G N W 0 } LL M M Z r LI O U) a w U W n ❑ ❑ W U LL O LL : O Q Q N Z G O # a Q QJ F LO W ❑ a O � W N M d t w U) N W N O W �ry N Z N0 N 3 �N L.I.. 0 F- D Q J COV 0 d U) o C) N I -- W N D LL Q W > n Q0 N O N LL in 0- Fll m 0 a O N O 'O O 0 0 N O `0 N C O w N N Q Yn O � O. O O O-0 mo a E I m� 30.0 Q O N 0 @ O 0 0 O N 0 O mal N o. 00 `0a0ax O- 6 ❑ N O O N_ O O LL O O. :2i 0O -'O .� 'C w U d O O+- C .f0.❑ G U >+O O. E J 0- O 'OO O j> >� d O O Cl N_. _ N y Q ai O dO ,JNc EN a _+ o o30 CRR0-0vo cFcO c ❑ _ ~ fl_ y N y N Ol c= C C 'E C 'E N U> 'O d U 0 (n (7 N LL LL O O M O C C C 0 m N d N C' Q 5.s OQO]'0 ❑ W ❑'O LL C) N Q m 0 E m `o O z c O O N Meridian City Council Meeting DATE: July 14, 2015 ITEM NUMBER: 8B PROJECT NUMBER: ITEM TITLE: Resolution Resolution No. � C - 10 1 --� : A Resolution Declaring Surplus Property and Authorizing the Donation of Certain Police Vehicles to the College of Western Idaho, Nampa, Idaho for the Enhancement of the Law Enforcement Program 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 RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZARE MBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE CERTAIN MERIDIAN POLICE DEPARTMENT VEHICLES TO THE COLLEGE OF WE, IDAHO, MERIDIAN, IDAHO. WHEREAS, it is in the best interest of the City of Meridian to declare Police Vehicles - a 2011 Ford Crown Victoria - VIN#2FABP7BV7BX137680, Unit #143, a 2011 Ford Crown Victoria - VIN#2FABP7BV7BX137677, Unit #131; and a 2008 Ford Expedition - VIN#1FMFU16568LA19424, Unit #133 as surplus property as they are no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be transferred to charitable organizations when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS, the cost of maintaining the Police Vehicles herein until they were sold, if they could be sold, exceeds their value to the City of Meridian and would result in the unnecessary expenditure of City funds; and WHEREAS, the City of Meridian desires to donate the Police Vehicles to the College of Western Idaho, a non-profit educational organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, the stated mission of which is to provide affordable, quality teaching and learning opportunities for all to excel at learning for life. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that the Police Vehicles - 2011 Ford Crown Victoria - VIN#21,'ABP7BV7BX137680, Unit #143, 2011 Ford Crown Victoria - VlN#2FABP7BV713X137677, Unit #131; and 2008 Ford Expedition - VIN#1FMFUI6568LA19424, Unit #133 are surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of the Police Vehicles, for no monetary consideration, to the College of Western Idaho, Nampa, Idaho. RESOLUTION AUTHORIZING DONATION OF POLICE VEHICLES TO COLLEGE OF WESTERN IDAHO - 1 of 2 ADOPTED by the City Council of the City of Meridian, Idaho, this 14th day of July, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this 14th day of July, 2015. APPROVED: ATTEST: AUC ��thTPA niiCol.; o, /a City d B Mayor a y Oleopd �� L1'11?f A +Ja4.��,�„ity Cleric SEAL f�Ot ede TCE S�Q6 RESOLUTION AUTHORIZING DONATION OF POLICE VEHICLES TO COLLEGE OF WESTERN IDAHO - 2 of 2 Meridian City Council Meeting DATE: July 14, 2015 ITEM NUMBER: 8C PROJECT NUMBER: ITEM TITLE: Human Resources Human Resources: Report from Mayor and City Council Compensation Committee 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 HUMAN RESOURCES DEPARTMENT MEMORANDUM DATE: 7/14/15 TO: MAYOR DEWEERD AND CITY COUNCIL MEMBERS FROM: MAYOR AND CITY COUNCIL COMPENSATION COMMITTEE Il7:161002913-10 y RE: REPORT FOR 2015 Pursuant to Meridian City Code 1-6-5 (C) and 1-7-9 (C) a committee of citizens was formed to review compensation of the City's elected officials for the next two years as required by Idaho Code 50-203. The Committee was comprised of Brad Hoaglun, former Meridian City Council member; Matt Stoll, the current Parks and Recreation Commission Chair; Rob McCarvel, the current Chairman of the Meridian Chamber of Commerce; David Ballard, a member of the Meridian Traffic Commission; and Thomas Sauer, local Meridian resident. Patti Perkins, Human Resources Director and Bill Nary, City Attorney participated as staff, non-voting members. The Committee met on two occasions (June 23 and July 7) to discuss the compensation for the City's elected officials. The Committee reviewed a report prepared by the Association of Idaho Cities (AIC) of pay and benefits of select cities around the State; base budgets of targeted cities in the State; comparative wages of City Administrators and Managers; the current pay and benefits received by Meridian's elected officials; past history andd changes to pay implemented since 2000; and methodology and philosophy of the current compensation program for Meridian City employees. The committee discussed a variety of topics and issues related to total compensation. The Committee considered the needs of the community and considered the growth of the City recently and in the immediate future. The Committee believes that the next two years will likely bring longer hours which in turn mean more meetings, time, and effort for both the Mayor and the City Council. The Committee discussed and considered a long range and a short range method of compensation. The Committee agreed that a long term solution may lack some transparency and that the election cycle review by a citizen's committee was preferred. The Committee believed that the citizens of Meridian receive "more bang for their buck" with the dedicated Mayor and Council that we currently have. The Committee recognized that the election cycle may bring new elected officials, but the City is still rapidly evolving and greater effort is going to be expected of the City's elected officials regardless of who is serving in those roles. The Committee agreed that the Council President position requires even greater time and commitment to perform the position appropriately and therefore additional compensation for that position is warranted. The Committee evaluated the 3% merit pool methodology of the City's general compensation for employees. The Committee felt that the Mayor and Council have done the work that would warrant a higher than "meets expectations" and would therefore receive a higher increase in compensation. The Committee also believes that as Meridian continues to grow that it is necessary to attract and keep quality elected officials and reasonable, fair, and comparable compensation with other local and State-wide cities is important. After due consideration the Committee makes the following recommendation to the City Council for elected official's compensation for 2016 and 2017: o That the Mayor and City Council's compensation for salaries be increased up to 5% per year for the next two years; and o That would then increase the Mayor's salary up to $86,625 in 2016 and then up to $90,956 in 2017; and o That would increase the Councilmember's salary up to $10,500 in 2016 and then up to $11,025 in 2017; and o The Council President should receive an additional 10% above the Councilmember's salary while serving in that position; and o The Council President would then receive up to $11,550 in 2016 and up to $12,128 in 2017; and o Elected officials shall still continue to receive benefits in the same amount that they currently receive; and The recommendation of the Committee was unanimous. Meridian City Council Meeting DATE: July 14, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Buildina Division Report Building Division Report: Amendment of Temporary Use Standards for Subdivision Model Homes and Subdivision Real Estate Sales Offices MEETING NOTES - ;�)Y-,- 3S0, nS©�-) Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 14, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Ordinance Ordinance No. 15- 1 (o5 a : Amendment of Temporary Use Standards for Subdivision Model Homes and Subdivision Real Estate Sales Offices MEETING NOTES I' -q-1 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. P, rJ -1 G5 Q BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZARE MBA AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, AMENDING THE FOLLOWING PROVISIONS OF MERIDIAN CITY CODE: SECTION 3-4-3(C)(1)(c), REGARDING COMMERCIAL OCCUPANCY STANDARDS FOR SUBDIVISION MODEL HOMES; SECTION 3-4-3(C)(1)(e), REGARDING TERMINATING USE OF A SUBDIVISION MODEL HOME; SECTION 3-4-3(C)(2)(e), REGARDING TERMINATING USE OF A SUBDIVISION REAL ESTATE SALES OFFICE; SECTION 3-4-3(C)(2)(t) REGARDING COMMERCIAL OCCUPANCY STANDARDS FOR SUBDIVISION REAL ESTATE SALES OFFICES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by this ordinance, the City Council of the City of Meridian seeks to align the temporary use standards for subdivision model homes and subdivision real estate sales offices in Title 3, Chapter 4, Meridian City Code, with the standards for temporary uses under section 108 of the 2012 International Building Code; WHEREAS, the City Council of the City of Meridian finds that it is in the best interest of the health, safety, and welfare of the people of Meridian to update the following provisions of Meridian City Code to be consistent with other Meridian City Code provisions; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 3-4-3(C)(1)(c) shall be amended as follows: A subdivision model home shall be located only within a structure that is suitable for sale and/or use as a residential dwelling unit. It shall be unlawful to operate or cause the operation of a subdivision model home within a structure that is not suitable for sale and/or use as a residential dwelling unit. While such residential dwelling unit is temporarily used as the subdivision model home, such unit shall meet any and all applieable st,.. dnrd-,, c e oeeupanc end -shall obtain any and all permits required by title 10 of this code. It shall be unlawful to operate or cause the operation of a subdivision model home ,.,here such subdiv model home a,.,,s not Encet all applicable st.,.,.1,.rds for c o ial o r without any and all permits required by title 10 of this code. Section 2. That Meridian City Code section 3-4-3(C)(1)(e) shall be amended as follows: A subdivision model home may be operated only until either there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the subdivision model home is located or three hundred sixty five (365) days following the date of issuance of the temporary use permit, whichever occurs first. It shall be unlawful to operate or cause the operation of a subdivision model home either where no lots or newly constructed dwellings are for sale or rent within the subdivision in which the subdivision model home is located or after three hundred sixty five 365) days following the date of issuance of the temporary use permit, whichever occurs first. TEMPORARY USE ORDINANCE UPDATES PAGE 1 of 5 Section 3. That Meridian City Code section 3-4-3(C)(2)(e) shall be amended as follows: A subdivision real estate sales office may remain only until either there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the subdivision real estate sales office is located or three hundred sixtyf(365) days following the date of issuance of the temporary use permit, whichever occurs first. It shall be unlawful to operate or cause the operation of a subdivision real estate sales office either where no lots or newly constructed dwellings are for sale or rent or after three hundred sixty, f�365) days following the date of issuance of the temporary use permit, whichever occurs first unless such subdivision real estate sales office is converted to a dwelling in accordance with all applicable provisions of law, including title 10 and I 1 of this code. Section 4. That Meridian City Code section 3-4-3(C)(2)(f) shall be amended as follows: A subdivision real estate sales office shall meet any and all applicable standards for commere' oeeiipaney-and -shall obtain any and all permits required by title 10 of this code. It shall be unlawful to operate or cause the operation of a subdivision real estate sales office Where Sllbdivisioli- Feal estate sales offiee does not meet all applicable standards for commerr ee-ett�without any and all permits required by title 10 of this code. Section 5. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 6. That this ordinance shall be effective upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this l � day of July, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this 1 day of July, 2015. APPROVED: City 4 �nnno SPfrh 11 a TKI AOS*$ ATTEST: TEMPORARY USE ORDINANCE UPDATES PAGE 2 or 5 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, AMENDING THE FOLLOWING PROVISIONS OF MERIDIAN CITY CODE: SECTION 3-4-3(C)(1)(c), REGARDING COMMERCIAL OCCUPANCY STANDARDS FOR SUBDIVISION MODEL HOMES; SECTION 3-4-3(C)(1)(c), REGARDING TERMINATING USE OF A SUBDIVISION MODEL HOME; SECTION 3-4-3(C)(2)(e), REGARDING TERMINATING USE OF A SUBDIVISION REAL ESTATE SALES OFFICE; SECTION 3-4-3(C)(2)(t) REGARDING COMMERCIAL OCCUPANCY STANDARDS FOR SUBDIVISION REAL ESTATE SALES OFFICES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City of Meridian Mayor and City Council By: Jaycee Holman, City Cleric First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 15 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 15 - of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of 2015. William L.M. Nary City Attorney TEMPORARY USE ORDINANCE UPDXfES PAGE 3 of 5 Meridian City Council Meeting DATE: July 14, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Public Works Public Works: Safety Program 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 Meridian City Council Meeting DATE: July 14, 2015 ITEM TITLE: Public Works Public Works: Design Standards Update 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 Meridian City Council Meeting DATE: July 14, 2015 ITEM NUMBER: $H PROJECT NUMBER: ITEM TITLE: Public Works Public Works: Water Rights Transfer Application 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: July 14, 2015 ITEM NUMBER: $J PROJECT NUMBER: ITEM TITLE: City Council City Council Liaison/Committee Updates MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 14, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Brown and Caldwell Discussion of and Request Approval of Task Order 10601.A to Brown and Caldwell for the "WRRF CAPACITY EXPANSION - DESIGN 2015" Project for a Not -To -Exceed amount of $444,699.00 MEETING NOTES L-4-jo, WINED 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: 6/30/2015 Fund: 60 Department: Construction: Task Order X Project Name: Project Manager: David Allison Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Yes Will the project cross fiscal years? Yes X CONTRACT / AGENDA CHECKLIST REQUESTING DEPARTMENT 3490 PUBLIC WORKS GL Account: 96158 PSA Equipment WRRF CAPCITY EXPANSION - DESIGN 2015 lim Project # Department Representative: n/a Brown & Caldwell Contract Amount: $444,699.00 Budget Information: FY Budget: 15 & 16 Enhancement #: Grant M Other: Type of Grant: CONTRACT CHECKLIST 10492.A BASIS OF AWARD Low Bidder Highest Rated Master Agreement X (Bid Results Attached) (Ratings Attached) (Category) 2A Typical Award Yes X No If no please state circumstances and conclusion: Debarment Status (Grant/Federal Funded Projects Only) (Type in date verified and the status) Date Award Posted: n/a 10 day protest period: n/a PW License # n/a Expiration Date n/a Corporation Status Goodstanding Insurance Certificates Received (Date): May 14, 2015 Expiration Date: May 31, 2016 Rating: A Payment and Performance Bonds Received (Date): n/a Rating: n/a Builders Risk Ins. Req'd: Yes No X If yes, has policy been purchased? n/a (Only appiicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: July 1, 2015 Approval Date By: Purchase Order No.: Date Issued: WI -15 submitted n a (Only for PW Construction Projects) NTP Date: (Only for non Public Works Project) Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, David Allison Date: 6/30/2015 Re: July 14th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 14th City Council Agenda under a Public Works Department Report for Council's consideration. Discussion of and Request Approval of Task Order 10601.A to Brown and Caldwell for the "WRRF CAPACITY EXPANSION — DESIGN 2015" proiect for a Not -To - Exceed amount of $444.699.00. Recommended Council Action: Award of Task Order 10601.A to Brown and Caldwell for the Not -To -Exceed amount of $444,699.00. Thank you for your consideration. • Page 1 TASK ORDER NO. 10601.A Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND BROWN AND CALDWELL (ENGINEER) 14 �` This Task Order is made this-71trday of July, 2015 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by Brown and Caldwell, hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2a) between the above mentioned parties dated October 1, 2014. The Project Name for this Task Order 10601.A is as follows: CITY OF MERIDIAN WRRF CAPACITY EXPANSION DESIGN FYI PROJECT UNDERSTANDING This scope of work describes Brown and Caldwell (Consultant) and City of Meridian (City) activities that will occur during the design phase of the Wastewater Resource Recovery Facility (WRRF) Liquid Stream Capacity Expansion Project (Project). The Project is defined in the recent Upgrade Alternatives Analysis Technical Memorandum (TM) prepared by Consultant for the City. This project work is divided into the following two phases: Phase A — Design: During this phase, Consultant will build on Alternatives Analysis TM decisions (prepared under a separate task order) in development of the Preliminary Engineering Report (PER)/30 Percent Design Submittal. Consultant will then prepare one additional major design deliverable: Final Design. Bid Documents will be issued subsequent to resolution of City comments on the Final Design. Phase B — Services During Construction (SDCs): This phase will include services after the award of the construction bid. This design project however, is anticipated to take 15 months to complete and cost approximately $2,500,000, however, this Task Order addresses only engineering services to be completed in fiscal year 2015 ending September 30, 2015. The remainder of the design services will be completed through a change order upon FY16 budget approval by City Council. The Work Breakdown Structure below includes Task Order 10601.A WRRF Capacity Expansion FY2015 Page 1 of 23 Brown and Caldwell Services During Construction (SDC), however SDC are not included in this Scope of Work and will be included in a future task order (Phase B) after the Final Design Submittal . SCOPE OF WORK The Project will involve improvements related to the following WRRF processes: • New yard piping conveyance from grit facility to "greenfield" expansion area • New primary clarifier splitter box • New primary clarifiers 5 and 6 • New primary sludge pump station • New secondary pump station (to be evaluated if hydraulic profile cannot be modified to accommodate gravity flow in the "greenfield" expansion area) • New aeration basin gallery • New aeration blowers (location in aeration basin gallery or new blower building complex, including evaluation to integrate new and existing blowers) • New aeration basins 5 through 8 • New secondary clarifier splitter box • New secondary clarifiers 6 and 7 • New return activated sludge (RAS) pump station • New RAS/waste activated sludge (WAS) channel and pump station facility • New chemical addition building (methanol/acetate) • Expansion of the facility control system to incorporate new process areas Overall assumptions for performance of the Phase A scope of work are summarized below: • Scope Basis. This scope of work is based on components of the Upgrade Alternatives Analysis (May 2015), which describes the expansions needs to meet interim and final National Pollutant Discharge Elimination System permit requirements for the WRRF. • Project Schedule. The Phase A work on this project is projected to last 70 weeks from authorization to proceed and is targeted to be complete by September 30, 2016 (the current budget extends only through September 30, 2015). However, many factors that could impact schedule are not in control of the Consultant. Project and estimated construction schedules will be developed in Microsoft Project. • Design Deliverables. There will be two major design deliverables: — PER/30 Percent Design — Final Design • Decisions. The design approach will be based on interactive workshops and two major design deliverables (PER/30 Percent Design; Final Design). Decisions will be reached in the workshop setting and summarized in detailed TMs and/or documented and maintained in an issues/decision log. The PER/30 Percent Design Submittal will document major decisions for equipment selections in summary format with TMs attached as appendices. Drawings prepared at the 30 Percent Design are as shown in the Preliminary Drawing List (Exhibit A). Alternatives analysis will not be included as part of Final Design. All other design decisions Task Order 10601.A WRRF Capacity Expansion FY2015 Page 2 of 23 Brown and Caldwell will be expedited between Consultant and City staff using workshops and direct communications and documented in the decision log. • Design Review. Design deliverable milestone reviews will be streamlined where cost- effective by using presentations and structured review meetings. • City Design Review Comments. The City project manager will compile and reconcile City staff comments on all Consultant deliverables. All project reviews and comment periods will be limited to 2 weeks to accommodate the compressed schedule. In order to accommodate the City's schedule requirements, the Consultant team will continue design during project review of submittals. No value engineering is included in this scope. • Codes. The design will be based on federal, state, and local codes and standards in effect at the beginning of the Project. Any changes in these codes may necessitate a change in scope and will be subject to renegotiation. The existing plant facilities are assumed to be in full compliance with current drainage, electrical, building, mechanical, plumbing, seismic, and other codes that apply to these types of facilities. Revisions and rehabilitation of existing plant facilities to achieve compliance with current codes are specifically excluded from this scope of work. Consultant will prepare a single building permit application and respond to a single set of comments from the City Building Services. The City will pay all permit fees. • Bidding as One Project. The improvements for the included process areas will be designed together (using the traditional design -bid -build method) as part of a single package to be publically bid as one project. • Specifications/Drawings/Details. Consultant's master specifications will be used as the basis for technical specifications (modified Construction Specification Institute MasterFormat@ 2012 — Divisions 01 through 46). The City's master specifications will be used for Division 00 (introductory information; bidding and contract requirements). Preparation of contract design drawings and specifications will be based on the use of standard Consultant document protocols, CAD standards, and specification formats, including bidding forms and general specification conditions similar to those which have been used on previous projects with the City. All specifications and drawings will be prepared in Microsoft Word, Microsoft Excel, and AutoDesk AutoCad 2013 formats. • Funding/Equipment Pre -Purchase. City will not seek state or federal funding. The Final Design phase will consider pre -purchase of aeration blowers. • Cost Estimates. In providing opinions of probable cost, financial analyses, economic feasibility projections, and schedules for the Project, Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate Project cost or schedule. Therefore, Consultant makes no warranty the City's actual Project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant's opinions, analyses, projections, or estimates. • Record Drawings. The City will provide computer files of all existing plant construction drawings. These drawings are considered record drawings and will be relied upon to be accurate for design purposes. City will provide to Consultant all data in City's possession relating to Consultant's services on the Project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by City. In the event that provided documents are found to be erroneous in content, an adjustment to the work scope subject to renegotiation with the City may be required. Task Order 10601.A WERE Capacity Expansion FY2015 Page 3 of 23 Brown and Caldwell Investigation/Remediation. Any investigation and remediation of possible hazardous waste, asbestos, lead paint, or other types of contamination are not included in this task order. The following table summarizes key assumptions for each of the major design disciplines. Civil/Geotechnical Stru ctu ral/Arch itectu r al/Geotechnical Topographical survey information and base mapping will be obtained for the design of new facilities in the "greenfield" area north and west of the existing WRRF processing facilities. • Existing topographical survey information and base mapping will be utilized for the design modifications of existing facilities. • Legal, easement, and plat surveys for the W RRF site will not be required. • Civil site work plans will only be provided for areas of the site that involve significant disturbance to existing grading. • Site drawings will only be prepared for sectors in the plant where new facilities are to be constructed. Landscaping plans will not be prepared. • New access roadway work will be limited to the "greenfield" portion of the site. No traffic analysis or traffic control design is required. The capacity of the existing stormwater collection and control facilities is adequate to handle the new construction. • The capacity of the existing fire protection system is adequate to handle the new construction. • The foundation design of new or modified facilities will be based on geotechnical information obtained for this Project. • In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the Project cost and/or execution. The conditions and cost/execution effects are not the responsibility of Consultant. facilities are not • Conventional spread foundations will be required for all new facilities. Over excavation, preload, or piles will not be required. Underdrain systems will not be required. • Building architecture (materials, construction) will be similar to existing structures. • No landscape architect services will be required for this Project. No permanent cranes will be required. No retainina walls will be reauired. Task Order 10001.A WRRF Capacity Expansion FY2015 Page 4 of 23 Brown and Caldwell Process/Mechanical Electrical • Hydraulic profile for new liquid stream processes (from the headworks discharge to tertiary treatment inlet) with hydraulic existing grade line values to be provided by City. • Design concerning "plant -wide" utility systems such as basin drainage, water and in -plant waste collection/disposal will be limited to extension of and/or changes to existing piping. No new structures or equipment will be needed. Corrosion control provisions will not be required for buried piping. Active cathodic protection will not be required for buried piping. • Piping 3 inches in diameter and smaller will be field -routed. Contractor -designed pipe supports will be based upon a performance specification, except for aeration piping located at the aeration basin. Ventilation and hazardous condition monitoring and instrumentation will not be required for chemical storage. An odor control system will not be provided. A building sprinkler system will be desioned for the chemical stornne farility on An evaluation of the existing primary feed and standby power generation systems will be provided during the PER/30 Percent Design phase, with a recommendation of whether modification will be required during the Final Design phase to incorporate the additional loads identified during the PER/30 Percent Design phase. • Utility coordination will be provided during the Final Design phase for any modifications required to accommodate new loads. • Fire detection/alarm design will be by the Contractor based on a performance specification. • PER/30 Percent Design phase documents will be limited to a basis of design TM, discipline general drawings, site drawings identifying major electrical system tie- ins/sources, and electrical load distribution. Discipline specifications will be provided during the Final Design phase only. • A comprehensive power system study will be provided during the Final Design phase. A report will be provided to the City documenting the fault analysis, protective device study, arc flash evaluation, and a sample of recommended signage. • Code review will be limited to the City -adopted version at the time of initiation of contract of NFPA Sections 820 and 497. • Public address system design or modification will not be included. Electrical document review will be provided by Consultant, prior to submittal to the City. • Contractor -designed conduit and cable tray supports will be based upon a Task Order 10601.A WRRF Capacity Expansion FY2015 Page 5 of 23 Brown and Caldwell Instrumentation & I&C will match the existing system and components available during the Project. Controls (I&C) I&C will be similar in type and sophistication to what currently exists. Analog elements and components will be used, and no significant modifications to existing I&C equipment or systems will be needed. No significant modifications to existing valve or gate operators and mechanical equipment or systems will be needed. • A design for modifying the existing programmable logic controller (PLC) -based supervisory control and data acquisition system will be provided for the process areas being modified. Significant modifications to existing I&C equipment or systems will not be required. • The City will provide "as -built' documentation of the existing process instrumentation and control system. City -provided information will include, but not be limited to, existing motor and control circuit diagrams, panel shop drawings, process instrument information, and process control system software documentation. • The new instrumentation and control system will be based on the use of PLCs. Plant status monitoring will be by the existing commercially available PC-based software package: Wonderware, by Schneider Electric Software. Remote access to plant components will not be provided. • PER/30 Percent Design will include process & instrumentation diagrams (P&IDs), completed to a level sufficient to identify the primary processes and process equipment and extent of major modification of treatment process. P&IDs will be completed during the Final Design phase. PER/30 Percent Design will include a Control System Block Diagram drawing depicting the site's major network modifications. Final Design will update the drawing to include all network modifications, in the Project -modified process areas only. Discipline specifications will be provided during the Final Design phase only. The Basis of Design TM will be provided during the PER/30 Percent Design phase, without modification during Final Design. Programming is excluded from this scope of work. This effort will be deferred to the construction phase of this Project and will be based on the assumption that a subcontractor will be hired by the City to perform this work during the construction Project. Security system and video system design are excluded as part of this scope of work. Vendor -supplied control system packages will be interfaced through hardwired signals or networked signals, when available. Task Order 10601.A W RRF Capacity Expansion FY2015 Page 6 of 23 Brown and Caldwell Task Descriptions Specific tasks to be performed by Consultant and City to implement the Phase A scope of work are summarized in the work breakdown below and described in further detail on the following pages. MMMMMMEIM .. 101 To ographic Survey and Base Mapping Support 102 Geotechnical Investigation and Report Support W 103 Architectural Preliminary Design 104 Civil PreliminaryDesign 105 __ _ Structural Preliminary 106 _ Process -Mechanical Preliminary Design i(D r EL _ 107 Buildin -Mechanical Preliminar Design M 108 Electrical Preliminary Design iW 109 _ Instrumentation Preliminary Design n: 110 Document Preparation 203 _ _ _ Architectural Design _204 Civil Desi n ro co '. d205 Structural Desi n 206 Process -Mechanical Design 207 Building Mechanical Design .S 208 Electrical Design______ LL 209 _ Instrumentation Design _ 210 Document Preparation 220 Bid Period Services c 300 _ Project Management 715 E r� o a) 310 _ Coordination Meetings 'o 0 3� 320co Permittin Assistance 330_ _ __ __ Cost Estimatingand Scheduling (L C m U) U 340 ____ _ _ Oualit Assurance/Qualit ControljQA/� _ 400 Series Submittals Changes/RFis cp Z .0 Site Coordination/Progress Meetings Field Inspections a6 Record Drawings Q) O&M Manual Update Q' Start -Up Support Services Project Management Task Order 10601.A WRRF Capacity Expansion FY2015 Page 7 of 23 Brown and Caldwell 100 Series Tasks: PER/30 Percent Design The 100 Series tasks will focus on advancing planning concepts that have been developed in the Upgrade Alternatives Analysis (May 2015). Leading up to the PER/30 Percent Design milestone, elements of the work will be discussed and submitted separately for review by the City to confirm design direction (e.g., Coordination Meetings). Objective: To document the basis for final design for the Project scope of work to achieve the following objectives: • Form the basis for detailed design and preparation of contract documents. • Confirm technology and process decisions documented in the Upgrade Alternatives Analysis. • Document compliance with regulatory requirements that pertain to design of sewage treatment facilities. • Serve as a vehicle for City input to the preliminary design effort. Use information provided by the survey and geotechnical subconsultants. Review code compliance. • Update construction cost estimates. Task 101 — Topographic Survey and Base Mapping Support Objective: To review the existing base maps and as -built drawings that have been prepared for previous upgrade projects at the site and conduct additional surface/subsurface field surveys in the vicinity of proposed new facilities and improvements for the Project. Combine existing and new base map information to create a complete file of the mapping covering the areas affected by the proposed Project improvements. Activities/Approach: Surveying services will be contracted directly by the City and will consist of reviewing the base map and as -built documentation for the site, obtaining new field survey data for expansion into the "greenfield" area, and combining existing/new information on the City's WRRF coordinate system and datum. The field survey will be coordinated at two different points during the PER/30 Percent Design period. Initial activities will focus on gathering data on readily visible above ground facilities not already depicted on the existing topographic map, obtaining surface topography in the "greenfield" portion of the site, and locating points for geotechnical investigations. Following completion of the initial field surveys, Consultant will identify up to 200 points including both surface and subsurface (rim to invert type measurements) requiring additional accuracy for Final Design phase tasks. It is assumed that potholing existing buried utilities will not be required for this task. City's Responsibilities • Provide copies of available base maps, as -built data, and horizontal control and vertical datum points for the Project site. • Contract for survey services directly from the City's consultant roster and assist field survey crew to gain access to WRRF site for safe collection of field data. Review and provide comments to the draft survey and base map. Task Order 10601.A WRRF Capacity Expansion FY2015 Page 8 of 23 Brown and Caldwell Work Products (by City -contracted surveying firm) • Reduced field data and base map information on the City's control network coordinate system and datum • Updated existing topographic survey map with revised line work and a legend of symbols and abbreviations for new topographic information, with new information clearly delineated • AutoCAD file of the base map (including surfaces, points, styles, etc. necessary for full reproduction), a sealed hard copy, a text file of the surveyed points, a field code list, field notes, and site photos Task 102 — Geotechnical Investigation and Report Support Objective: To review the previous geotechnical reports that have been prepared for previous upgrade projects at the site, conduct additional subsurface explorations in the vicinity of proposed new facilities that are located in areas where geotechnical conditions have not been explored previously, and develop design and construction recommendations related to geotechnical conditions in the vicinity of the proposed new facilities. Activities/Approach: Geotechnical services will be contracted directly by the City. Brown and Caldwell services will consist of reviewing the results of the soils investigation performed during execution of the previous design efforts for the Project and conducting a geologic reconnaissance of the Project area to collect information on the general nature and physical features of the Project site. Subsurface soil conditions in the vicinity of the proposed primary clarifiers, aeration basins, and secondary clarifier will be further explored by advancing exploratory borings to depths determined jointly by City, Consultant, and Geotechnical Engineer. If the conditions in these initial borings are drastically different from each other or different from conditions revealed in previous borings at the Project site, additional exploration would be needed. At each boring location, representative samples of the various soils encountered will be obtained and a detailed log of each exploration will be maintained. Representative soil samples will be delivered to a laboratory for further evaluation and testing including determination of moisture content (up to four tests) and grain size distribution (up to four tests). Following completion of the field and laboratory testing programs, certain geotechnical engineering analyses will be performed. Descriptions of surface and subsurface conditions observed, results of the engineering analyses, and design -level geotechnical engineering recommendations pertaining to the following items will be summarized in a geotechnical report: • Shallow foundation design parameters • Site seismicity and seismic design parameters • Suitability of excavated soil for reuse as backfill, for pipe and structures • Bedding and subgrade preparation requirements for pipe • Anticipated excavation difficulties and configuration of temporary excavation slopes • Methods for pipe trench shoring • Methods for construction dewatering • Review of pipe loading on subgrade and bedding and pipe buoyancy when pipe is empty and groundwater is high Task Order 10601.A WRRF Capacity Expansion FY2015 Page 9 of 23 Brown and Caldwell Recommendations for pavement: subgrade preparation, base and top course materials and thickness, and asphalt type and thickness Lateral earth_ pressures on below-grade walls • Lateral earth pressure and soil bearing pressure recommendations for structural retaining walls Influence of new construction on adjacent existing facilities • Soil corrosivity and need for cathodic protection • Review of design drawings at approximately the 30 percent and 90 percent levels of design completion. Review will verify and document that geotechnical recommendations have been incorporated or suggest revisions. • Geotechnical monitoring and consultation during construction City's Responsibilities • Provide copies of available geotechnical data for the Project site. • Contract for geotechnical services directly from the City's consultant roster and assist field crew to gain access to WRRF site for safe collection of field data. • Review and provide comments to the draft geotechnical report. Work Products (by City contracted Geotechnical firm): New geotechnical report that summarizes the findings of the previous geotechnical reports and provides geotechnical engineering conclusions and recommendations as it pertains to the new facilities proposed as part of the Project. Task 103 — Architectural Preliminary Design Objective: To perform a building code review and identify architectural treatment and materials for all new buildings associated with the Project to blend in with adjacent existing structures. The new structures include the chemical addition facilities. A more Detailed Drawing List is attached as Exhibit A. Activities/Approach: An architectural subconsultant will review the existing WRRF campus and match to the best extent possible architectural treatment and materials of the proposed structures. In addition, the following code review coordination activities will be completed: • Establish applicable codes for all buildings/structures with local code officials and fire marshals. • Complete building and fire code analysis and coordinate with design disciplines as follows: — Coordinate with the structural engineer to define the structural design concepts for the facilities. — Coordinate with the mechanical discipline to select heating/ventilation/air conditioning (HVAC) equipment, locate HVAC equipment rooms, determine space requirements, and route ductwork if required. Establish design R-values for all exterior walls. — Coordinate with I&C and electrical disciplines to size and locate electrical and control rooms. City's Responsibilities: Review PER/30 Percent Design submittal. Work Products • Text for the PER to summarize the code review for architectural elements to be used for the final design. Task Order 10601.A W RRF Capacity Expansion FY2015 Page 10 of 23 Brown and Caldwell Prepare schematic elevations and identify the exterior material types and finishes. If pre- engineered buildings are utilized, elevations will not be shown, but the material types and finishes will be identified in the PER. Contribute 30 percent design elements for input on the general arrangement drawings, such as door and window locations and major access requirements. Task 104—Civil Preliminary Design Objective: To develop and coordinate general and civil site work information to the PER/30 Percent Design level and coordinate completion of survey/geotechnical subconsultant work products with other design disciplines. Activities/Approach: Develop updated site plan and preliminary civil design. City's Responsibilities • Confirm or establish design criteria for site improvements using a decision/issues log. Criteria for the PER/30 Percent Design will be discussed during a coordination meeting between the City and Consultant design lead. Review 30 Percent Design submittal. • Confirm site utility features through field locates or other methods where there is reasonable expectation the base map drawings may require additional information or verification. • Coordinate with the fire marshal for review of the proposed facilities and determine the minimum fire flow at the required residual pressure. Provide Consultant with fire flow design criteria for the on-site water system extensions. • Coordinate with the City water department to ensure adequate off-site water system capacity at the point of connection. Work Products: Develop the following elements: • Site Plan including existing site features and boundaries, horizontal and vertical survey control, relocations and/or extensions of existing utilities, approximate new structure footprints and locations, preliminary site grading and drainage concepts, preparation of access road geometry within the treatment plant site. — It is assumed the site layout for new facilities associated with the Project will not require relocation of major utilities or structures required for continued or interim service of the WRRF. • Prepare a site drainage report to incorporate improvements and proposed new facilities. The report will summarize findings, provide conclusions, and make recommendations for water quality improvements if required. Layout major utility corridors for the Project that accommodate future facilities proposed within the existing process footprint and "greenfield" expansion areas. Fire Marshal Site Plan: Consultant will provide one site figure, using the overall yard piping plan drawing, showing the facilities and associated on-site water system improvements proposed for the Project. The site figure will include building occupancy, size, and type of construction information for fire marshal review coordination. — It is assumed that the City will coordinate directly with the fire marshal for review. — It is assumed that if water system improvements are required as a result of the fire marshal review, the system upgrades will occur off-site and the City will coordinate with the water department to ensure adequate water system capacity is available at the WRRF. Task Order 10601.A WRRF Capacity Expansion FY2015 Page 11 of 23 Brown and Caldwell Task 105 — Structural Preliminary Design Objective: To develop structural design to the PER/30 Percent Design level and coordinate general arrangement drawings with other disciplines. Activities/Approach: Develop the following elements: • Structural design criteria • Major structural components depicted on general arrangement drawings City's Responsibilities • Review PER/30 Percent Design submittal. Work Products: Structural Notes/General Arrangement drawing input Task 106 — Process -Mechanical Preliminary Design Objective: To finalize wastewater treatment process calculations and parameters for sizing and locating facilities. To develop general arrangement drawings to the preliminary design level. Coordinate with other disciplines to show key discipline components on the general arrangement drawings. Activities/Approach: Develop the following elements: Refinements to process calculations • Hydraulic profile update to reflect preliminary design decisions Equipment list with documented equipment information Major equipment type and preliminary model selections made for use in laying out equipment • P&IDs developed to indicate the major process lines and mechanical equipment City's Responsibilities Review PER/30 Percent Design submittal. • Provide as -built P&IDs for existing plant systems to be upgraded. • Provide input on preferred equipment vendors. Provide input on vehicle and maintenance access requirements. Work Products P&IDs (mechanical aspect only) • General arrangement plans and select sections showing major equipment and key piping, including key components from structural, building -mechanical, and electrical disciplines on drawings • Basis of Design TMs for treatment processes Task 107 — Building -Mechanical Preliminary Design Objective: To develop the building mechanical design (which includes both HVAC and plumbing) to the PER/30 Percent Design level and coordinate general arrangement drawings with all disciplines. Activities/Approach: Develop the following elements: • Preliminary calculations for ventilation, heating, and cooling loads Preliminary HVAC equipment sizing and selection • Preliminary air flow schematics • Preliminary HVAC for the general arrangement drawings Demolition drawings of major elements to be removed Task Order 10601.A W RRF Capacity Expansion FY2015 Page 12 of 23 Brown and Caldwell City's Responsibilities • Review PER/30 Percent Design submittal. • Provide input on design temperature conditions for all conditioned spaces. Work Products • Equipment information documented in an equipment list • Preliminary air flow schematics Preliminary building mechanical as part of the general arrangement drawings Task 108 — Electrical Preliminary Design Objective: To develop electrical design to the PER/30 Percent Design level and coordinate discipline -specific requirements with other disciplines. Activities/Approach: Develop loads for all new equipment and evaluate the capacity of the existing electrical system. City's Responsibilities • Review PER/30 Percent Design submittal. Provide load trending data for the blower building switchgear. Work Products • Preliminary power one -line diagrams (power distribution) Preliminary site electrical power plans drawings Basis of Design TM for Electrical System Expansion Task 109 — Instrumentation Preliminary Design Objective: To develop instrumentation design to the PER/30 Percent Design level and coordinate discipline -specific requirements with other disciplines. Activities/Approach: Determine scope of new instrumentation requirements and evaluate the capacity of the existing control system to accommodate the new devices. City's Responsibilities • Review PER/30 Percent Design submittal. Work Products • Control system block diagram • Basis of Design TM for I&C system expansion Task 110 — Document Preparation Objective: Prepare the final PER/30 Percent Design package. Activities/Approach: Draft version of the PER/30 Percent Design will be prepared and submitted to the City. The PER will be prepared in Microsoft Word. Consultant will prepare electronic copies (pdf half -sized composite general arrangement drawings) and five bound paper copies, camera-ready full-sized original of the PER for internal distribution to the City. City's Responsibilities • Review the draft submittal and provide comments. • Coordinate interaction with the Idaho Department of Environmental Quality (IDEQ) for review of the PER/30 Percent Design submittal. Work Products • Prepare a draft PER/30 Percent Design package (products from Phase A — 100 Series tasks) for City review. One electronic and five hard copies will be provided. Task Order 10601.A W RRF Capacity Expansion FY2015 Page 13 of 23 Brown and Caldwell After incorporating City comments, prepare a final PER/30 Percent Design package for the City (one electronic and five hard copies will be provided). 200 Series Tasks: Final Design The 200 Series tasks are for effort required to advance the design from the PER/30 Percent Design level to final design, ready for public bidding of the Project. This will be accomplished with one major milestone deliverable at Final Design. After addressing comments from the Final Design submittal, bid documents will be developed and submitted to the City for public bidding of the Project. Specific assumptions that apply to all detailed design phases include the following: • Decisions logged in the PER/30 Percent Design phase will be followed in the detailed final design tasks. Decisions that are changed or altered drastically will be addressed by amendment if necessary. • Because at this time the exact nature of the PER/30 Percent Design outcomes are not known, the detailed final design scope is based on assumptions from the Upgrade Alternatives Analysis (May 2015). Should the PER/30 Percent Design effort result in a design direction different than anticipated by this scope of work, an amendment may be necessary to account for the actual scope of work required at that time. Task 203 — Architectural Design Objective: To perform architectural design up to and including final drawings and specifications for public bidding of the Project. Activities/Approach: An architectural plan will be completed by using the services of an architectural subconsultant. The architectural design will be based on the architectural nature of the existing structures at the site. The Architectural subconsultant will directly prepare all architectural drawings and specifications required to construct the architectural treatment for the new Chemical Addition Facilities included in the Project. City's Responsibilities Review Final Design submittal. Work Products • Architectural (A) drawings and specifications will be included with the final design and bid document submittals. Task 204 —Civil Design Objective: To design general and civil site work up to and including final drawings and specifications for public bidding of the Project. Activities/Approach: This task consists of all work necessary for completion of the general, civil, and site design included in this Project. Civil drawings and specifications will be based on "greenfield" topographic base mapping and as -built drawings of the existing facilities and buried utilities, engineering calculations, and new/existing background geotechnical information. This task also includes design of roads, site excavation and grading, yard piping and utilities, drainage conveyance, and erosion control. City's Responsibilities • Review Final Design submittal. • Confirm site utility features through field locates or other methods where there is reasonable expectation the base map drawings may require additional information or verification. Task Order 10601.A W RRF Capacity Expansion FY2015 Page 14 of 23 Brown and Caldwell Work Products: General (G) and civil (C) drawings and specifications will be submitted with the final design and bid document submittals. • General drawings will include title sheet and vicinity maps, drawing index, general symbols, legends, and abbreviations, hydraulic profile, process flow diagram, and mass balance. • Civil drawings will include site plan, site demolition plans, paving and grading plans, yard piping plans, miscellaneous details, temporary erosion/sedimentation control details, and various site plans and sections. Task 205 — Structural Design Objective: The purpose of this task is to provide structural design, up to and including final drawings and specifications for public bidding of the Project. Activities/Approach: Structural drawings will be based on as -built drawings of the existing facilities, structural calculations, and new/existing background geotechnical information updated as part of the geotechnical investigations during preliminary design. The controlling code will be the 2012 International Building Code with local amendments. Structural drawings and specifications will be prepared for walls, footings, beams slabs, structural steel, concrete reinforcement, anchor bolts, bracing, miscellaneous metals, and other structural aspects of any new/existing facilities associated with the Project. City's Responsibilities: Review Final Design submittal. Work Products: This task includes structural analysis and calculations associated with design of structures. Structural (S) drawings and specifications will be submitted with the final and bid document submittals. Task 206 — Process -Mechanical Design Objective: To prepare process and instrumentation documents and mechanical design calculations up to and including final drawings and specifications for public bidding of the Project. Activities/Approach: This task consists of all work necessary for completion of the P&IDs included in this Project. P&ID drawings will be based on as -built drawings of the existing facilities, engineering calculations, and the characteristics of new process equipment needed for this Project. This task also includes final process design, equipment sizing and selection for each process area, process piping layout, and the preparation of mechanical plan view, mechanical sections, and specifications. City's Responsibilities • Review Final Design submittal Provide all necessary shop drawings, submittals, records, sole source agreements, and operation and maintenance information necessary to establish the facilities conditions that the mechanical design is based on. Work Products: P&ID (P) drawings and mechanical (M) drawings and specifications will be submitted with the final and bid document submittals. Task 207 — Building -Mechanical Design Objective: To prepare building mechanical design up to and including final drawings and specifications for public bidding of the Project. Activities/Approach: This task includes the following: Finalizing the building mechanical design and equipment sizing/selection. Finalizing the building mechanical plans and sections. Task Order 10601.A W RRF Capacity Expansion FY2015 Page 15 of 23 Brown and Caldwell • Incorporating all the necessary details into the contract drawings. • Drafting and finalizing all necessary building mechanical specifications. City's Responsibilities • Review Final Design submittal. Provide all necessary shop drawings, submittals, records, and operation and maintenance information necessary to establish the facilities conditions that the building mechanical design is based on. Work Products HVAC (H) drawings and plumbing/utility (U) drawings • Assistance and contribution to process mechanical for the P&ID and mechanical drawings Final and bid document specifications Task 208 — Electrical Design Objective: Perform electrical design drawings and specifications up to and including final drawings and specifications for public bidding of the Project. Activities/Approach: The scope of this task consists of all work necessary to prepare all electrical power improvements for the Project, including all raceway and cable schedules, and control schematics with reference to I&C-specified process instrumentation and control devices. Electrical design drawings will include plans, one - line diagrams, lighting and receptacles plans, electrical conduit and conductor schedules, and electrical construction details. Electrical plan drawings will show equipment locations and associated cable or raceways and indicate equipment connections as home -run type symbols with reference to which motor control center or electrical panel that a cable is to be connected. Specific activities are as follows: • Review the general and mechanical design requirements. Define hazardous areas in the Project buildings and sites. • Determine primary power and standby power generation requirements, as needed. • Prepare one -line diagrams for the plant distribution systems. • Complete motor and control schematics for all electrical devices external to vendor -supplied equipment. • Complete a comprehensive power system study and develop a final report. Develop electrical specifications. • Develop electrical drawings, including site plans, lighting protection plans, and building plans. Develop raceway and cable and panel schedules. City's Responsibilities Review Final Design submittal. • Supply current as -built drawings for all buried and exposed power supply cables, duct banks, raceways, instrument cables, communication cabling, yard piping, process piping, and structures at the plant. Work Products • Analysis, studies, and calculations associated with design of electrical systems Electrical (E) drawings, specifications, and final reports will be submitted with the final and bid document submittals Task Order 10601.A WRRF Capacity Expansion FY2015 Page 16 of 23 Brown and Caldwell Task 209 — Instrumentation Design Objective: To develop instrumentation and controls drawings and specifications as required to monitor and control the Project up to and including final drawings and specifications for public bidding of the Project. Activities/Approach: The scope of this task consists of all work necessary to develop the instrumentation and controls construction documents for this Project. Design drawings will include instrumentation system diagrams, control diagrams, loop diagrams, gas monitoring systems, and 1/0 cabinets. Specific activities are as follows: • Finalize P&IDs with process mechanical. • Write narrative descriptions of control strategies and sequences. • Specify sensors and instruments to be used and coordinate with electrical for hazardous environments requirements. • Complete drafting of instrumentation and control system drawings, including symbol and detail sheets. Provide control system network diagrams. • Develop specifications for control system hardware and software requirements. • Provide specification coordination within electrical and mechanical equipment sections. City's Responsibilities • Review Final Design submittal. Work Products • Design drawings and specifications for providing instrumentation equipment and control system modifications, as described above. Instrumentation (1) drawings and specifications will be submitted with the final and bid document submittals. Task 210 — Document Preparation Objective: Prepare the Final Design submittal and the bid documents. Activities/Approach: Draft version of the drawings and specifications will be prepared and submitted for the final and bid document submittals. All specifications will be prepared in Microsoft Word. Consultant will prepare electronic copies (pdf half -sized composite drawings) and one bound paper, camera-ready full-sized original of the Project manual for internal distribution to the City and for public bidding. The City will be responsible for advertising and bidding the Project manual. City's Responsibilities Review final and bid document submittals. • Coordinate interaction with IDEQ for review of Final Design submittal. Work Products Drawings and specifications will be submitted with the final and bid document submittals and will be included in the Project manual. Submit the final design to IDEQ for review. Address comments as part of preparation of the bid documents. Integrate City -supplied front-end documents into the manual. Prepare technical specifications of the Project manual (Part B). Coordinate technical specifications with other parts of the Project manual, including the general terms and conditions and the drawings. Task Order 10601.A W RRF Capacity Expansion FY2015 Page 17 of 23 Brown and Caldwell • Assemble drawings and specifications for the final version of the Project manual for this Project (one paper full-sized original plus a pdf file of the documents). • Stamp, sign, and seal the final version of the Project manual. Task 220 — Bid Period Services Objective: To assist the City with bidding the Project. Approach: The City will be responsible for advertising and bidding the Project manual. Consultant will assist the City as requested during the bid period. This budget includes a labor allowance of 240 hours for assisting the City with the Project bidding. Approach/Activities • Prepare addenda for City distribution as required prior to bid closing. Attend and participate in the City -led pre-bid conference. • Respond to bidder questions during the bid period. This task is based on a 4 -week bidding process. Assist with bid evaluations. City's Responsibilities • Lead efforts to electronically distribute plans and specifications and addenda to prospective bidders and maintain the plan holder's list. • Lead the pre-bid conference. • Perform bid evaluations. Work Products • Addenda documents 300 Series Tasks: Project Management and Design Support Services The 300 Series tasks involve activities required for managing the Project and those activities that are common throughout the Project duration. Task 300 — Project Management Objective: To provide management, direction, coordination, and control of all work associated with Project schedule, budget, subconsultants, technical quality, and monthly progress reports and invoices for the Project. Activities/Approach: This task includes the following activities: • Develop a Project Management Plan for internal use. Develop a Health and Safety plan for internal use. • Maintain critical -path schedules. • Prepare monthly project status reports. Progress reports will identify budget status, progress status, activities of the previous month, and up -coming activities. • Supervise project staff. • Manage in-house budget and schedule. Procure, supervise, and coordinate the activities of subconsultants providing specialized or supplemental engineering services. City Responsibilities: None. Work Products Monthly progress reports and invoices Subconsultant contracts Task Order 10601,A wRRF Capacity Expansion FY2015 Page 18 of 23 Brown and Caldwell Task 310 —Coordination Meetings Objective. To provide a regular forum for receipt, exchange, response, and documentation of Project planning, design, and management related issues and decisions during the Project. Activities/Approach. This task includes the following coordination meetings: • Weekly conference calls (one hour duration) between Consultant's project manager (PM) and the City's PM to review Project status, schedule, contract issues, and other Project management related issues. The Project duration for Phase A is estimated to be 17 months. Consultant will combine these meetings as much as possible with other on-site visits. • Kick-off meeting between City staff, PM, and design manager (DM) to review major planning and design elements, schedule, and development/tracking of issues/decision log. • Fourteen workshops on-site at the City's WRRF with PM, DM, and up to two additional design engineers (discipline leads) to present and review findings, discuss design issues/decision log progress, and obtain site access for information gathering. • Two 8 -hour workshops on-site at the City's WRRF to discuss the PER/30 Percent and final design submittals. Consultant attendance will include PM, DM, and up to four additional design engineers (discipline leads). • Weekly internal Project team meetings during the PER/30 Percent Design phase and bi- weekly internal Project team meetings during the Final Design phase (1 -hour duration teleconference between Consultant disciplines) for a duration of up to 17 months to discuss design issues, review schedule, and coordinate amongst discipline team members. City Responsibilities • Attend all Project coordination meetings to provide timely input on issues/decision log progress. • Review and provide comments on meeting notes. Work Products • Agenda to be distributed prior to all coordination meetings • Issues/decision log • Meeting notes for all Project coordination meetings Task 320 — Permitting Assistance Objective: To assist the City in preparing and submitting permits and other regulatory documents required for the final design documents and associated with new facility construction. Activities/Approach: This task involves assisting the City with permit and regulatory document development that will be required as part of the Project. At this time, it is not certain which permits will be required. For budgeting purposes, the following permits and/or approvals have been tentatively identified and included in this scope of work: • IDEQ — The PER/30 Percent Design submittal will be transmitted to IDEQ upon approval of the City. — PER/30 Percent Design IDEQ comments will be resolved by Consultant to the satisfaction of the IDEQ for transition to the Final Design phase. — The Final Design submittal will be transmitted to IDEQ upon approval by the City. Task Order 10601.A WRRF Capacity Expansion FY2015 Page 19 of 23 Brown and Caldwell — Final Design comments will be resolved by Consultant to the satisfaction of IDEQ prior to issuance of Bidding Documents. • City Building Services Permit — The Final Design submittal will be transmitted to the City Building Services Department upon approval by the City. — Final Design comments will be resolved by Consultant to the satisfaction of the City Building Services Department prior to issuance of Bidding Documents. • Stormwater Pollution Prevention Permit (SWPPP) — Consultant will include drawings for installation of best management practices (BMPs) facilities in the Bidding Documents. — Consultant will include a specification in the Bidding Documents outlining the construction contractor's responsibilities for using the drawings in support of developing the SWPPP and submitting a Notice of Intent (NOI) to the Environmental Protection Agency (EPA) for coverage under the construction general permit as site operator. Other permits and regulatory documents may be identified during the Project and will be added to this scope and budget upon written authorization by the City. It is assumed that wetlands, biological assessments, or archaeological investigations and surveys will not be necessary. It is also assumed that the construction contractor will secure other Project -related permits such as the grading, building, electrical, and plumbing permits. No effort associated with right-of-way permits is included as all construction activities will occur within the site boundaries of the existing WRRF. City Responsibilities • Review Consultant response packages to IDEQ and City Building Services prior to submission. • Provide review comments to the general contractor in the development of the SWPPP. • Upon approval of the general contractor's SWPPP and permit application, submit a NOI to the EPA as the site owner. • Conduct inspections as required by the SWPPP throughout the duration of the construction activities. Work Products • PER/30 Percent Design and Final Design submittal packages to IDEQ • IDEQ response comment documentation packages for PER/30 Percent Design and Final Design submittals • Final Design submittal package to City Building Services • City Building Services response comment documentation package for Final Design submittal • SWPPP BMPs specification and drawings Task 330 — Construction Cost Estimate and Construction Schedule Objective: To provide construction cost estimate and construction schedule at each design phase milestone. Activities/Approach: Consultant will estimate the probable construction cost and schedule estimates based on the PER/30 Percent Design and Final Design submittals. Class 3 and Class 1 estimates will be submitted respectively in accordance with the Association for the Advancement of Cost Engineering Estimate Classification System. Task Order 10601.A WRRF Capacity Expansion FY2015 Page 20 of 23 Brown and Caldwell City's Responsibilities • Review cost estimates and construction schedule. Work Products • Cost Estimates. Consultant will prepare construction cost estimates for the PER/30 Percent design and Final Design completion levels. Consultant will subdivide the cost estimate by process area and by major engineering disciplines. • Construction Schedule. Consultant will prepare a basic work breakdown structure schedule estimate at the PER/30 Percent Design submittal. A more detailed critical path construction schedule will be submitted for the Final Design level which will also identify necessary flow by-passing and sequencing during construction. Task 340 — QA/QC Objective: To implement a QA/QC program to review products from this scope. City and regulatory agency review comments will also be incorporated to prepare and complete the final contract documents. Additionally, the City is assumed to participate in this process and provide independent review of products. Activities/Approach: Consultant will provide appropriate calculation and deliverable QA reviews by in-house, senior staff members. No external value engineering reviews are included in this scope. City Responsibilities Review and provide comments to design decision/issues log • Participate in QA/QC reviews and provide written comments and feedback regarding review documents Work Products • Design decision/issues log Task Order 10601.A WRRF Capacity Expansion FY2015 Page 21 of 23 Brown and Caldwell TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by July 2015 and resulting in completion of the tasks by September 2015. An NTP issued on a different date will change the schedule accordingly. A more detailed milestone schedule is attached as Exhibit B The estimated expenses are included in the amounts below and are based on the following: • Task 103 Architectural Preliminary Design - Subconsultant: CTA Group — $23,604 • Task 107 Building -Mechanical Preliminary Design - Subconsultant: CTA Group — $10,460 • Task 108 Electrical Preliminary Design - Subconsultant: DC Engineering — $57,000 • Task 310 Coordination Meetings (7 trips) - Airfare: one person @ $421 per round trip ticket Meals and incidentals: one person at per diem rate ($46/day) - Lodging: one person for one night at per diem rate ($83/night) Task Order 10601.A W RRF Capacity Expansion FY2015 Page 22 of 23 Brown and Caldwell COMPENSATION AND COMPLETION SCHEDULE f Task Description Due Date Compensation 100 PER/30 PERCENT DESIGN - 101 Topographic Survey and Base Mapping Support September 2015 $3,050 102 Geotechnical Investigation and Report Support September 2015 $3,560 103 Architectural Preliminary Design September 2015 $23,604 104 i Civil Preliminary Design September 2015 $36,960 105 Structural Preliminary Design September 2015 $32,000 106 Process — Mechanical Preliminary Design September 2015 $163,770 107 Building—Mechanical Preliminary Design September 2015 $10,460 108 Electrical Preliminary Design September 2015 $65,940 109 Instrumentation Preliminary Design September 2015 $13,830 110 Document Preparation September 2015 $12,040 200 ` FINAL DESIGN 203 Architectural Design • N/A $ 204 '; Civil Design • N/A $ 205 Structural Design • N/A $ 207 Building — Mechanical Design • N/A $ 208 Electrical Design • N/A $ 209 Instrumentation Design • N/A $ 210 Document Preparation • N/A $ 220 ` Bid Period Services • N/A $ 300 PROJECT MANAGEMENT AND DESIGN SUPPORT SERVICES 300 Project Management September 2015 $22,510 Task Order 10601.A W RRF Capacity Expansion FY2015 Page 22 of 23 Brown and Caldwell Construction NIA -Exceed amount to complete: all services listed A is four hundred forty-four thousand six ht 0). No compensation will be paid over the Noi approval by the City in the form of a Change 01 a percentage of work completed. Any and all In /ed by the Project Manager, and only per the Cil Is expenses will be paid at cost and only if p Id accompanied by an itemized receipt. Any l paid as part of the Not -To -Exceed Task Order' tion Schedule above. CITY OF,MERIDIAN BY: TAMM MAYOR Dated:ji_ Approved by 0__ "• I �. Purchasing Approval BY: KFI T ,Purchasing anaM ger CIt roiect Manag r David Allison for this Task Order ninety nine dollars )ad amount without mthly invoices shall if Meridian Travel Policy. approved by the Project rel and/or reimbursabies al per the Compensation BROWN AND CALDWELL BY: �t. J.o�.'n i/t U,.rP.tiolCn� s <., o S1:Al: s P® z TA F A6U4�s® Department Approval WARREN STEWART, Engineering Manager Dated:_0 71'4,111s- Task Order 1Qe01.A WRRF Capacity Ekpanalon FY2016 Page 23 of 23 Brown and Caldwell Exhibit A Preliminary Nawing List Sheet No. Drawing No. Description Included in 30% Submittal 001 G-1 Cover Sheet/ Vicinity Map Yes 002 G-2 Drawing index -1 003 G-3 Drawing Index -2 004 G4 Drawing index -3 005 G-5 Standard Abbreviations ' 006 G-6 Overall Existing Conditions Site Location Plan 007 G-7 Overall Site Layout Plan, Feel lity Key, and Sheet Index Yes 008 G-8 Design Data Table Yes 009 G-9 Process Flow Diagram '. Yes 010 G-30 Annual Average Mass Balance ,', Yes 011 G-11 Maximum Monthly Mass Balance Yes 012 G-12 Hydraulic Profile Yes 013 P-1 Abbreviations and Identification Symbols 014 P-2 Process Symbols 015 P-3 -.. Instrumentation and Identification Symbols 016 P-4 Primary Clarifier:Splitter Box Yes 017 P-5 Primary Clarifier U5 Yes 018 P-6 Primary Clarifier No. 6 Yes 019p:;_ P-7 Primary Sludge Pumping Yes 020 'P-8 Aeration Basins 5 and:6 Yes 021 P19 ,: Aeration Basins 7 and 8 Yes 022 P-10... Aeration. Blowers Yes 023 P-11 Secondary Clarifier Splitter Box Yes 024 P-12 Secondary Clarifiers 6 Yes 025 P-13 Secondary Clarifier 7 Yes 026 P-14 RAS Pump Station Yes 027 P-15 RAS/WAS Channel and Pump Station Yes 028 P-16 Methanol Storage and Food Yes 029 P-17 Acetate Storage and Feed Yes 030 D-1 General Demolition Notes 031 D-2 Demolition Plan Brown eCatdwell s exhibit a list of drawings Wastewater Treatment Liquid Stream Capacity Expansion I Scope of Work Sheet No. Drawing No. Description Included in 30% Submittal 032 D-3 Demolition Sections and Details 033 C-1 General Civil and Yard Piping Details 034 C-2 Civil and Yard Piping Legends and Symbols - 1 035 C-3 Civil and Yard Piping Legends and Symbols -2 036 C-4 Civiland Yard Piping Details -1 037 C-5 Civil and Yard Piping Details -2 038 C-6 Erosion and Sedimentation Plan - 1 039 C-7 Erosion and Sedimentation Plan - 2 040 C-8 Erosion and Sedimentation Details - 1 041 C-9 Erosion and Sedimentation Details - 2 042 C-10 Overall Site Layout and Grading Plan Yes 043 C-11 Site Layout and Grading Plan - 1 044 C-12 Site Layout and Grading Plan - 2 045 C-13 Site Layout and Grading Plan - 3 046 C-14 Site Layout and Grading Plan -4 047 C-15 Site Layout and Grading Plan -5 048 C-16 Site Layout and Grading Plan - 6 049 C-17 Site Layout and Grading Plan - 7 050 C-18 Site Layout and Grading Plan - 8 051 C-19 Site Layout and Grad 1ng Plan -9 052 C-20 Overall Yard Piping Plan Yes 053 C-21 Yard Piping Plan - 1 054 C-22 Yard Piping Plan - 2 055 C-23 Yard Piping Plan - 3 056 C-24 Yard Piping Plan - 4 057 C-25 Yard Piping Plan - 5 058 C-26 Yard Piping Plan - 6 059 C-27 Yard Pi pi ng Plan -7 060 C-28 Yard Piping and Vault Details -1 061 C-29 Yard Piping and Vault Details -2 062 C-30 Yard Piping and Vault Details -3 063 A-1 Architectural Project Data and Building Code Analysis 064 A-2 Architectural Symbols and Abbreviations 065 A-3 Architectural Details - 1 066 A-4 Architectural Details - 2 067 A-5 Chemical Addition Building Floor Plan Yes 068 A-6 Chemical Addition Building Sections Brown -D Caldwell exhibit a list of drawings Wastewater Treatment Liquid Stream Capacity Expansion I Scope of Work Sheet No. Drawing No. Description Included in 30% Submittal 069 A-7 Chemical Addition Building Exterior Elevations 070 S-1 General Structural Notes - 1 071 S-2 General Structural Notes -2 072 S-3 Special Inspection - 1 073 S-4 Special Inspection -2 074 S-5 Standard Details - 1 075 S-6 Standard Details - 2 076 S-7 Standard Details -3 077 S-8 Standard Details -4 078 S-9 Standard Details -5 079 S-10 Standard Details - 6 080 S-11 Standard Details -7 081 S-12 Standard Details -8 082 S-13 Structural Demo Plans, Sections and Details - 1 083 S-14 Structural Demo Plans, Sections and Details - 2 084 S-15 Primary Clarifier Splitter Box Plan Yes 085 S-16 Primary Clarifiers putter Box Sections 086 S-17 Primary Clarifier Splitter Box Sections and Details -1 087 S-18 Primary Clarifier Splitter Box Sections and Details -2 088 S-19 Primary Clarifiers 5 and 6 Overall Plan Yes 089 S-20 Primary Clarifiers 5 and 6 Lower Level Plan 090 S-21 Primary Clarifiers 5 and 6 Upper Level Plan 091 S-22 Primary Clarifiers 5 and 6 Sections 092 S-23 Primary Clarifiers 5 and 6 Sections and Details - 1 093 S-24 Primary Clarifiers 5 and 6 Sections and Details - 2 094 S-25 Primary Clarifiers 5 and 6 Sections and Details - 3 095 S-26 Primary Sludge Pump Station Plan Yes 096 S-27 Primary Sludge Pump Station Sections 097 S-28 Primary Sludge Pump Station Sections and Details 098 S-29 Secondary Pump Station Plan 099 S-30 Secondary Pump Station Sections 100 S-31 Secondary Pump Statlon Sections and Details 101 S-32 Aeration Basin Gallery or Blower Building Foundation Plan Yes 102 S-33 Aeration Basin Gallery or Blower Building Roof Plan Yes 103 S-34 Aeration Basin Gallery or Blower Building Sections 104 S-35 Aeration Basin Gallery or Blower Building Sections and Details -1 105 S-36 Aeration Basin Gallery or Blower Building Sections and Details -2 Brown—Catdwett a exhibit a list of drawings Wastewater Treatment Liquid Stream Capacity Expansion I Scope of Work Sheet No. -- -- Drawing No. Description --- — Included in 30% Submittal 106 S-37 - -- --- Aeration Basin Gallery or Blower Building Sections and Details -3 - ----- 107 S-38 Aeration Basins 5 - 8Overall Foundation Plan Yes 108 S-39 Aeration Basins 5 - 8 North West Foundation Plan 109 S-40 Aeration Basins 5 - 8 North East Foundation Plan 110 S-41 Aeration Basins 5 - 8 South West Foundation Plan 111 S-42 Aeration Basins 5 - 8 South East Foundation Plan 112 S-43 Aeration Basins 5- 8 Overall Upper Plan Yes 113 S-44 Aeration Basins 5 - 8 North West Upper Plan 114 S-45 Aeration Basins 5 - 8 North East Upper Plan 115 S-46 Aeration Basins 5 - 8 South West Upper Plans 116 S-47 Aeration Basi ns 5- 8 South East Upper Plans 117 S-48 Aeration Basins 5 - 8 Sections - 1 118 S-49 Aeration Basins 5 - 8 Sections - 2 119 S-50 Aeration Basins 5 - 8 Sections and Details - 1 120 S-51 Aeration Basins 5 - 8 Sections and Details - 2 121 S-52 Aeration Basins 5 - 8 Sections and Details - 3 - 122 S-53 Aeration Basins 5 - 8 Sections and Details - 4 123 S-54 Aeration Basins Pipe Pack Plan 124 S-55 Aeration Basins Pipe Pack Sections and Details - 1 125 S-56 Aeration Basins Pipe Pack Sections and Details - 2 126 S-57 Secondary Clarifier Splitter Box Foundation and Roof Plan Yes 127 S-58 Secondary Clarifier Splitter Box Sections 128 S-59 Secondary Clarifier Splitter Box Sections and Details -1 129 S-60 Secondary Clarifier Splitter Box Sections and Details -2 130 S-61 Secondary Clarifiers 6 and 7 Overall Plan Yes 131 S-62 Secondary Clarifiers 6 and 7 Foundation Plan 132 S-63 Secondary Clarifiers 6 and 7 Upper Plan 133 S-64 Secondary Clarifiers 6 and 7 Sections 134 S-65 Secondary Clarifiers 6 and 7 Sections and Details - 1 135 S-66 Secondary Clarifiers 6 and 7 Sections and Details -2 136 S-67 Secondary Clarifiers 6 and 7 Sections and Details -3 137 S-68 RAS Pump Station Foundation and Roof Plan Yes 138 S-69 RAS Pump Station Sections 139 S-70 RAS Pump Station Sections and Details - 1 140 S-71 RAS Pump Station Sections and Details -2 141 S-72 RAS/WAS Channel and Pump Station Facility Lower Level Plan Yes 142 S-73 RAS/WAS Channel and Pump Station Facility Roof Plan Yes Brown.uweCatdwelt exhibit. Wofamwings Wastewater Treatment Liquid Stream Capacity Expansion I Scope of Work Sheet No. Drawing No. Description Included In 30°% Submittal , 143 S-74 RAS/WAS Channel and Pump Station Facility Sections -1 144 S-75 RAS/WAS Channel and Pump Station Facility Sections - 2 145 S-76 RAS/WAS Channel and Pump Station Facility Sections and Details - 1 146 S-77 RAS/WAS Channel and Pump Station Facility Sections and Details -2 147 S-78 RAS/WAS Channel and Pump Station Facility Sections and Details -3 148 S-79 Chemical Addition Building Foundation Plan 149 S-80 Chemical Addition Building Platform/Mezzanine Plan Yes 150 S-81 Chemical Addition Building Roof Plan 151 S-82 Chemical Addition Building Sections -1 152 S-83 Chemical Addition Building Sections -2 153 S-84 Chemical Addition Building Sections and Details -1 154 S-85 Chemical Addition Building Sections and Details -2 155 S-86 Chemical Addition Building Sections and Details - 3 156 S-87 Chemical Addition Building Column Schedule 157 S-88 Chemical Addition Building Beam Schedule 158 S-89 Miscellaneous Structural Plans, Sections Details -1 159 S-90 Miscellaneous Structural Plans, Sections Details - 2 160 S-91 Miscellaneous Structural Plans, Sections Details -3 161 S-92 Miscellaneous Structural Plans, Sections Details -4 162 M-1 Mechanical Symbols and Notes -1 163 M-2 Mechanical Symbols and Notes - 2 164 M-3 Standard Details- 1 165 M-4 Standard Details -2 166 M-5 Standard Details - 3 167 M-6 Standard Details -4 168 M-7 Standard Details - 5 169 M-8 Standard Details - 6 170 M-9 Standard Details- 7 171 M-10 Standard Details - 8 172 M-11 Primary Clarifier Splitter Box - Plan Yes 173 M-12 Primary Clarifier Splitter Box - Sections 174 M-13 Primary Clarifier Splitter Box- Sections and Details 175 M-14 Primary Clarifier Nos. 5 and 6 -Overall Plan Yes 176 M-15 Primary Clarifier Nos. 5 and 6 -Lower Level Plan 177 M-16 Primary Clarifier Nos. 5 and 6 -Upper Level Plan 178 M-17 Primary Clarifier Nos. 5 and 6 -Sections 179M-18 Prlmary Clarifier Nos.5 and 6- Sections and Details -1 Brown oCaldwelt :I exhibit a list of drawings Wastewater Treatment Liquid Stream Capacity Expansion I Scope of Work Sheet No. Drawing No. Description Included in 30% Submittal - 180 M-19 Primary Clarifier Nos. 5 and 6 -Sections and Details - 2 181 M-20 Primary Clarifier Nos.5 and 6- Sections and Details -3 182 M-21 Primary Sludge Pump Station - Plan Yes 183 M-22 Primary Sludge Pump Station - Sections 184 M-23 Primary Sludge Pump Station - Details 185 M-24 Secondary Pump Station - Plan Yes 186 M-25 Secondary Pump Station - Sections 187 M-26 Secondary Pump Station - Details 188 M-27 Aeration Gallery/Building- General Arrangement Yes 189 M-28 Aeration Gallery/Building - Plan 1 190 M-29 Aeration Gallery/Bulid ing-Plan 2 191 M-30 Aeration Gallery/Building- SectionsI 192 M-31 Aeration Gallery/Building - Sections 2 193 M-32 Aeration Gallery/Building-Details 194 M-33 Aeration Basin Nos. 5 thin 8 - Lower General Arrangement Yes 195 M-34 Aeration Basin Nos. 5 thm 8 - North West Lower Plan 196 M-35 Aeration Basin Nos. 5 thm 8 - North East Lower Plan 197 M-36 Aeration Basin Nos. 5 thor 8 - South West Lower Plan 198 M-37 Aeration Basin Nos. 5 thm 8 - South West Lower Plan 199 M-38 Aeration Basin Nos. 5thru 8- Upper General Arrangement Yes 200 M-39 Aeration Basin Nos. 5thm8- North West Upper Plan 201 M-40 Aeration Basin Nos. 5 thm 8 - North East Upper Plan 202 M-41 Aeration Basin Nos. 5 turn 8 - South West Upper Plan 203 M-42 Aeration Basin Nos. 5 thm 8 - South West Upper Plan 204 M-43 Aeration Basin Nos. 5 thru 8 - Sections 1 205 M-44 Aeration Basin Nos. 5 thm 8 - Sections 2 206 M-45 Aeration Basin Nos. 5 thm 8 - Sections and Details i 207 M-46 Aeration Basin Nos. 5 thm 8 - Sections and Details 2 208 M-47 Aeration Basin Nos. 5thm8- Sections and Details 209 M-48 Secondary Clarifier Splitter Box - Plan Yes 210 M-49 Secondary Clarifier Splitter Box - Sections 211 M-50 Secondary Clarifier Splitter Box - Details 212 M-51 SecondaryClarifiers 6 and 7 - General Arrangement Yes 213 M-52 Secondary Clarifiers 6 and 7 -Lower Plan 214 M-53 Secondary Clarifiers 6 and 7 - Upper Plan 215 M-54 Secondary Clarifiers 6 and 7 - Sections 216 M-55 Secondary Clarifiers 6 and 7 - Sections and Details- 1 Brown--Catdwell exhibit a list of drawings Wastewater Treatment Liquid Stream Capacity Expansion I Scope of Work Sheet No. —------- Drawing No. -- Description -- Included in 30% Submittal 217 M-56 - - - -- Secondary Clarifiers 6 and 7 - Sections and Details - 2 - 218 M-57 RAS Pump Station - Plan Yes 219 M-58 RAS Pump Station - Sections 220 M-59 RAS Pump Station - Details 221 M-60 RAS/WAS Channel and Pump Station- General Arrangement Yes 222 M-61 RAS/WAS Channel and Pump Station - Plan 223 M-62 RAS/WAS Channel and Pump Station - Sections 224 M-63 RAS/WAS Channel and Pump Station - Details 225 M-64 Chemical Addition Building- General Arrangement Yes 226 M-65 Chemical Addition Building - Plan and Section -1 227 M-66 Chemical Addition Building - Plan and Section -2 228 M-67 Chemical Addition Building- Section and Details 229 M-68 Chemical Addition Building- Chemical Piping Isometrics 230 U-1 Building Mechanical Legends and Abbreviations - 231 U-2 Standard Details 232 U-3 Chemical Addition Building Plan 233 U-4 Chemical Addition Building Details 234 H-1 HVAC Legends and Abbreviations 235 H-2 Standard Details 236 H-3 Chemical Addition Building - Methanol Feed System HVAC 237 H-4 Chemical Addition Building- Acetate Feed System HVAC 238 H-5 Chemical Addition Building Diagrams and Schedules 239 E-1 Electrical Cover Sheet 240 E-2 Electrical Symbols, Abbreviations, and Notes - 1 241 E-3 Electrical Symbols, Abbreviations, and Notes - 2 242 E-4 Electrical Demolition Site Plan 243 E-5 Electrical Demolition Area Plan - 1 244 E-6 Electrical Demolition Area Plan - 2 245 E-7 Overall Yard Electrical Plan Yes 246 E-8 Yard Electrical Plan - 1 247 E-9 Yard Electrical Plan -2 248 E-10 Yard Electrical Plan - 3 249 E-11 Yard Electrical Plan - 4 250 E-12 Yard Electrical Plan - 5 251 E-13 Yard Electrical Plan - 6 252 E-14 Yard Electrical Plan - 7 253 E-15 Ya rd Electrical Vault Plans BrownANeCatdwelt exhibit a list of drawings Wastewater Treatment Liquid Stream Capacity Expansion I Scope of Work Sheet No. Drawing No. Description Included in 30% Submittal 254 E-16 Enlarged Yard Electrical Plan 255 E-17 Yard Electrical Block Diagrams 256 E-18 Yard Electrical Ductbank Schedule - 1 257 E-19 Yard Electrical Ductbank Schedule -2 258 E-20 Yard Electrical Duetbank Schedule -3 259 E-21 Yard Electrical Ductbank Schedule -4 260 E-22 Yard Electrical Handhole Scheduleand Luminaire Schedule 261 E-23 Primary Clarifier Splitter Box Plan 262 E-24 Primary Clarifier Splitter Box Control Diagrams 263 E-25 Primary Clarifier Splitter Box Block Diagrams 264 E-26 Primary Clarifier Nos. 5 and 6 Plan 265 E-27 Primary Clarifier Nos. 5 and 6 Control Diagrams 266 E-28 Primary Clarifier Nos. 5 and 6 Block Diagrams 267 E-29 Aeration Basin Gallery MCC -AA One -Line Diagram 268 E-30 Aeration Basin Gallery MCC -BB One -Line Diagram 269 E-31 Aeration Basin Gallery Plan 270 E-32 Aeration Basin Gallery Blower Area Plan 271 E-33 Aeration Basin Gallery Control Diagrams 272 E-34 Aeration Basin Gallery Block Diagrams 273 E-35 Aeration Basin Gallery Electrical Panel Schedules 274 E-36 Aeration Basins 5 - 8 West Plan 275 E-37 Aeration Basins 5-8 East Plan 276 E-38 Aeration Basins 5 - 8 Control Diagrams - 1 277 E-39 Aeration Basins 5 - 8 Control Diagrams - 2 278 E-40 Aeration Basins 5 - 8 Block Diagrams 279 E-41 Secondary Clarifier Splitter Box Plan and Sections 280 E-42 Secondary Clarifier Splitter Box Control Diagrams 281 E-43 Secondary Clarifier Splitter Box Block Diagrams 282 E-44 Secondary Clarifiers 6 and 7 Plan 283 E-45 Secondary Clarifiers 6 and 7 Control Diagrams 284 E-46 Secondary Clarifiers 6 and 7 Block Diagrams 285 E-47 RAS Pump Station Plan 286 E-48 RAS Pump Station Control Diagrams 287 E-49 RAS Pump Station Block Diagrams 288 E-50 RAS/WAS Channel and Pump Station One -Line Diagram 289 E-51 RAS/WAS Channel and Pump Station Plan 290 E-52 RAS/WAS Channel and Pump Station Control Of BrommoCa[dwell t exhlbA nst of drawings Wastewater Treatment Liquid Stream Capacity Expansion I Scope of Work Sheet No. Drawing No. Description —' Included in 30% 'Submittal 291 E-53 __------- - -- RAS/WAS Channel and Pump Station Block Diagrams - - 292 E-54 Chemical Addition Building One -Line Diagram 293 E-55 Chemical Addition Building Control Diagrams 294 E-56 Chemical Addition Building Block Diagrams 295 E-57 Chemical Addition Building Panel Schedules 296 E-58 Control Conduit and Conductor Schedule -1 297 E-59 Control Conduit and Conductor Schedule -2 298 1-1 Instrumentation and Control Legend - 1 299 1-2 Instrumentation and Control Legend - 2 300 1-3 Instrumentation and Control Legend - 3 301 1-4 Control System Block Diagram - 1 Yes 302 1-5 Control System Block Diagram - 2 Yes 303 1-6 Installation Details- 1 304 1-7 Installation Details - 2 305 1-8 Installation Details - 3 306 1-9 Installation Details - 4 Brown -Caldwell exhibit a list of dravungs Exhibit B Schedule Milestones 1. Assume Notice to Proceed Week of July 13, 2015 2. Project Kick-off Meeting July 15, 2015 3. Preliminary Design Workshops • 1 - Design Criteria & Site Plan August 13, 2015 • 2 - Hydraulic Profile & 10 Treatment August 27, 2015 • 3 - 2 ° Treatment & Chem. Addition September 3, 2015 • 4 - Electrical, I&C, Plant Air and September 17, 2015 Water 4. PER/30% Design Document Production Sept. 14 Oct. 23; 2015 (6 weeks) 5. PER/30% Design Cost Estimating Oct. 26- Nov. 20, 2015 (4 weeks) 6. PER/30% Design Milestone Workshop Week of Oct. 26-30, 2015 7. PER/30% Design QA/QC November 2-13, 2015 (2 weeks) 8. PER/30% Design Final Submittal November 27, 2015 9. Final Design Weikashops (9 nw6 Ings) November 12, 201.5 through April 28, 20'16 1.0. Final Design/Bid Doul:ment Pro c'.tlCtion April 25, 2016 through August 26, 2016 11. Final Design host Estu»aning May 2, 2016 (7 weeks) 12. Final Design Permitting A. sistance May 2 -August 26, 2016 1.3. Final Design Milestone Workshop May 1.9-20, 2016 14. Final Design QA/QC May 23, 2016 (3 weeks) 15. Final Design Submittal June 20, 2016 16. Bid Set Submittal August 26, 2016 17, Bid Adveitisement September 1., 2016 (4 weeks) Brown—Calms d—1 1 exhibit b mllestmie schedule IDSOS Viewing Business Entity IDAHO SECRETARY OF STATE Viewing Business Entity Page 1 of 3 Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for BROWN AND CALDWELL ] [ Monitor BROWN AND CALDWELL business filings ] 201 NORTH CIVIC DRIVE SUITE 115 WALNUT CREEK, CA 94596 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 26 Oct 1988 State of Origin: CALIFORNIA Date of 30 Jul 1975 Origination/Authorization: Current Registered Agent: C T CORPORATION SYSTEM 921 S ORCHARD ST STE G BOISE, ID 83705 Organizational ID / Filing C51813 Number: Number of Authorized Stock Shares: Date of Last Annual Report: 19 Jun 2015 Annual Report Due: Jul 2016 Original Filing: [ Help Me Print/View TIFF ] Filed 30 Jul 1975 CERTIFICATE OF AUTHORITY Amendments: [ Help Me Print/View TIFF ] Amendment Filed 30 Jul 1975 OTHER - RA Amendment Filed 29 Oct OTHER - CHG RA 1975 Amendment Filed 23 Oct MERGED WITH J. B. GILBERT AND 1978 ASSOCIATES Amendment Filed 13 Nov NAME CHANGED TO BROWN AND CALDWELL 1978 Amendment Filed 13 Nov STOCK CHANGE 1978 Amendment Filed 13 Nov MERGED WITH CAMANCHE LAKE PARK 1978 Amendment Filed 13 Nov MERGED WITH J.B. GILBERT AND 1978 ASSOCIATES Amendment Filed 13 Nov STOCK CHANGE 1978 http://www.accessidaho.org/public/sos/corp/C51813.html 7/1/2015 Meridian City Council Meeting DATE: July 14, 2015 ITEM NUMBER: PROJECT NUMBER: AZ 15-003 ITEM TITLE: Shelburne Sub Ordinance No.L*5 �?) An Ordinance (AZ 15-003 Shelburne Subdivision) for the Annexation and Zoning of a Parcel of Land being Lots 1 and 2, Block 1, Zaldien Zerua Subdivision, as recorded in Plat Book 81 at Pages 8783 through 8784, Official Records of Ada County Idaho, and the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 28 Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Establishing and Determining the Land Use Zoning Classification of Said 30.205 acres of Land from RUT to the R-4 (Low Density Residential) Zoning District. CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-063654 BOISE IDAHO Pgs=5 NIKOLA OLSON 07/15/2015 01:18 PM MERIDIAN CITY NO FEE 1111111111111II'I'IIIIIIIII III I II 11111111111111111 00121869201600636540060054 CITY OF MERIDIAN ORDINANCE NO.-�5 -1 (C,. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 15-003 SHELBURNE SUBDIVISION) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND BEING LOTS 1 AND 2, BLOCK 1, ZALDIEN ZERUA SUBDIVISION, AS RECORDED IN PLAT BOOK 81 AT PAGES 8783 THROUGH 9784, OFFICIAL RECORDS OF ADA COUNTY, IDAHO, AND THE SOUTH V, OF THE NORTHEAST '/4 OF THE SOUTHWEST % OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit :Phillip & Judy DeAngeli, Frank & Helen Shoemaker and William & Shari Lewis. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-4 (Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION — SHELBURNE SUBDIVISION (AZ 15-003) Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 14th day of July, 2015. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 14th day of July, 2015. c��Qiyinreo, i ,q,T AYOR TA Y de-WEERD ATTEST: JACY JO E . SR. DEPUTY CI rF C,LERILS4` ANNEXATION — SHELBURNE SUBDIVISION (AZ 15-003) Page 2 of 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this Iq day of 30 2015, before me, the undersigned, a Notary Public in and for said State, personally appe red TAMMY de WEERD and 3A L-ffOhMA3�, --)O-CLI -- O` known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) kkz6X,La4 NOTARY PUBLIC FOR IDAHO RESIDING AT: T) MY COMMISSION EXPIRES: O Ai IC5 ANNEXATION — SHELBURNE SUBDIVISION (AZ 15-003) Page 3 of 3 EXHIBIT A kim9233 WEST STATE STREET I BOISE,1083714 l 208.639.6939 1 FAX 208.639.6930 April 10, 2015 Project No.: 14.124 Shelburne Subdivision Annexation and Zoning Legal Exhibit A A parcel of land being Lots 1 and 2, Block 1, Zaldien Zerua Subdivision, as recorded in Plat Book 81 at Pages 8783 through 8784, official records of Ada County, Idaho, and the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing ata found aluminum cap marking the southwest cornerof said Section 28, thence following the southerly line of said Southwest 1/4, 589°15'22"E a distance of 2,660.61 feet to a found brass cap marking the south 1/4 comer of said Section; Thence leaving said southerly line and following the easterly line of said Southwest 1/4, N00°31'05"E a distance of 1,324.35 feet to a found 5/8 -inch rebar marking the southeast corner of said South 1/2 of the Northeast 1/4 of the Southwest 1/4 and being the POINTOF BEGINNING. Thence leaving said easterly line and following the southerly line of said South 1/2 of the Northeast 1/4 of the Southwest 1/4, N89°19'15"W a distance of 1,329,17 feet to a found 5/8 -Inch rebar marking the southwest corner of said South 1/2 of the Northeast 1/4 of the Southwest 1/4 and the southeast corner of said Lot 1, Block 1; Thence leaving said southerly line of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 and following the southerly line of said Lot 1 and 2, Block 1, N89'19'15"W a distance of 658.78 feet to a found 5/8 -Inch rebar marking the southwest corner of said Lot 2, Block 1; Thence leaving said southerly line said Lot 1 and 2, Block 1, and following the westerly line of said Lot 2, Block 1,N0o°33'52"E a distance of 661.18 feet to a found 5/8 -Inch rebar marking the northwest corner of said Lot 2, Block 1; Thence leaving said westerly line and following the northerly line of said Lot 1 and 2, Block 1, 589'21'53"E a distance of 658.81 feetto a found 5/8 -Inch rebar marking the northeast corner of said Lot 1, Block 1 and the northwest cornerofsaid South 1/2 of the Northeast 1/4 of the Southwest 1/4; Thence leaving said northerly line of Lot 1 and 2, Block 1, and following the northerly line of said South 1/2 of the Northeast 1/4 of the Southwest 1/4, S89°21'53"E a distance of 1,328.60 feet to a found 5/8 -inch rebar marking the northeast corner of said South 1/2 of the Northeast 1/4 of the Southwest 1/4; Thence leaving said northerly line of said South 1/2 of the Northeast 1/4 of the Southwest 1/4, and following the easterly line of said. Southwest 1/4, $00°31'05"W a distance of 662.70 feet to the POINT OF BEGINNING. Said parcel contains 30.205 acres, more or less, and is subject to all existing easements and/or rights-of-way of record or Implied. Attached hereto is Exhibit. B and by this reference Is made a part hereof. ENGINEERS I SURVEYORS I PLANNERS Shelburne Subdivision—AZ 15-003 EXHIBIT B a 0 tooo N 0 150 300 600 .di ;n 00> � � c Pion Scale • � o c U1 Kingsbridge Phase 1 Kunz Hollow N to v Subdivision Subdivision v i S89'21'53"E _658.8i' _ra _ S89'21153"E 1328.60' GO O v{ai ,¢.> W' 9 w O w = Lot 2, Block 1 Lot 1, Block 1 S 1/2 NE 1/4 SW 1/4 m ¢ cy z s w� Yaldien Zerua Zaldien Zerua ' N > 0' j UO N '^ n Subdivision Subdivision o � i 'Cl N89'19'15'W 658.78' N89'19'1N 1329.17' — / m Martinel POINT OF—/ t �O Subdivision Unplatted BEGINNING N J M Nvne uavmns ' f.11 v9oifa: 14 o SHEET: wI 1OF1 0 S\aNPt LANDS 1S b NF'aPOINT OF COMMENCEMENT FOUND BRASS CAP -' FOUND ALUMINUM CAP - PP S 1/4 CORNER SECTION 28 12459 'O SW CORNER SECTION 28 km �,, 4•Io.Zas�o 99 9>F OF. ��F P� 29 28 S89__15'22"E 2660.6 6"ainausonvrrou.v vxsu PMNL BPA•�'P 32 33 93eoisimul°oeiiiifr %ICkf n69I63Y6939 r�Rfd639EY3O Shelburne Subdivision—AZ 15-003 Meridian City Council Meeting DATE: July 14, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Future Meeting Topics Future Meeting Topics MEETING NOTES t-�© YvQ- 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: July 14, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Executive Session Executive Session Per Idaho State Code 74-206 (1)(c): To Conduct Deliberations Concerning Acquiring an Interest in Real Property, Which is Not Owned by a Public Agency; 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