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2015-10-06
IMAM- CITY COUNCIL REGULAR „_, MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, October 06, 2015 at 6:00 PM 1. Roll -Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam O Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Pastor Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approval of Agreement to Schindler Elevator Corporation for "Elevator Preventive Maintenance and Service at Meridian Police Department" for a Not -To -Exceed amount of $2,580.00 B. Approval of Award of RFP and Services Agreement to VARSITY FACILITY SERVICES for "JANITORIAL SERVICES" for a Not -To -Exceed amount of $169,777.64 C. Approval of Agreement to Schindler Elevator Corporation for "Elevator Preventive Maintenance and Service at Meridian City Hall" for a Not -To - Exceed amount of $6,360.00 D. Approval of Agreement to Schindler Elevator Corporation for "Elevator Preventive Maintenance and Service at Meridian Water Resource Recovery Facility" for a Not -To -Exceed amount of $4,200.00. E. Approval of Award of Bid and Agreement to FLEXGROUND NV, LLC for the "SETTLERS PARK — ADVENTURE ISLAND RESURFACING" Project for a Not -To -Exceed amount of $174,276.62. Meridian City Council Meeting Agenda Tuesday, October 06, 2015— Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Findings of Fact, Conclusions of Law: AZ 15-012 Graycliff Estates by L.C. Development, Inc. Located Southwest of W. Harris Street and S. Meridian Road Request: Annexation and Zoning of 52.46 Acres with R-8 (36.66 Acres) and R-40 (15.8 Acres) Zoning Districts G. Findings of Fact, Conclusions of Law: PP 15-012 Graycliff Estates by L.C. Development, Inc. Located Southwest of W. Harris Street and S. Meridian Road Request: Preliminary Plat Approval Consisting of 120 Building Lots, Nine (9) Common Lots and One (1) Other Lot on 52.46 Acres of Land in the R-8 and R-40 Zoning Districts H. Final Order: FP 15-031 Sovi Subdivision by DevCo Located 3515 S. Eagle Road Request: Final Plat Approval Consisting of Thirty -Six (36) Single Family Residential Lots and Seven (7) Common Lots on Approximately 4.86 Acres in the R-15 Zoning District FP 15-032 Normandy Subdivision No. 1 by Schultz Development Located 4145 S. Locust Grove Road Request: Final Plat Approval Consisting of Forty -Four (44) Building Lots and Seven (7) Common Lots on 11.03 Acres of Land in the R-8 Zoning District J. FP 15-033 Paramount Subdivision No. 30 by SCS Brighton LLC, Located North Side of W. McMillan Road and East of N. Linder Road Request: Final Plat Consisting of Fifty -One (51) Building Lots and Two (2) Common Lots on 16.49 Acres of Land in the R-8 Zoning District K. Franklin Road Keylock Sewer and Water Easement L. Resolution No. 15-1096: A Resolution Authorizing the City Clerk to Destroy Certain Semi -Permanent and Temporary Records of the Meridian Public Works Department M. Approval of Amendment No. 1 to Task Order 10601.A to Brown & Caldwell, Inc. for the " WRRF CAPACITY EXPANSION — DESIGN" Project for a Not - To -Exceed amount of $228,907.00 6. Items Moved From the Consent Agenda None 7. Community Items/Presentations A. Mayor's Youth Advisory Council (MYAC) Update Meridian City Council Meeting Agenda Tuesday, October 06, 2015— Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. B. Lake View Golf Course Capital Improvement Project and Request for Rent Relief Denied 8. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. A. Public Hearing Continued from September 22, 2015: AZ 15-009 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Annexation and Zoning of 16.08 Acre of Land from the RUT Zoning District to the R-8 Zoning District Approved B. Public Hearing Continued from September 22, 2015: PP 15-014 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Preliminary Plat Approval Consisting of Fifty -One (51) Single Family Residential Lots and Eight (8) Common Lots on Approximately 15.75 Acres in a Proposed R-8 Zoning District Approved C. Public Hearing: PP 15-015 Trilogy Subdivision by Conger Management Group Located Southeast Corner of W. Chinden Boulevard and N. Black Cat Road Request: Preliminary Plat Approval Consisting of One Hundred Forty -Four (144) Single Family Residential Lots and Nine (9) Common Lots on Approximately 28.16 Acres in the R-8 Zoning District Approved D. Public Hearing: MDA 15-009 Trilogy Subdivision by Conger Management Group Located Southeast Corner of W. Chinden Boulevard and N. Black Cat Road Request: Modify the Recorded Development Agreement (Inst. # 107025553) for the purpose of updating certain sections of the DA to reflect the design changes to the proposed Trilogy Subdivision Approved with Conditions E. Public Hearing: MDA 15-010 Southridge Apartments by DBTV Southridge Farm, LLC Located South Side of W. Overland Road Midway Between S. Linder Road and S. Ten Mile Road Request: Modification to the Development Agreement to Update the Conceptual Development Plan for the Site Approved Meridian City Council Meeting Agenda Tuesday, October 06, 2015— Page 3 of 5 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. 9. Department Reports A. Mayor's Office: Resolution No. 15-1091: Resolution Appointing Jacob Chambers to the Solid Waste Advisory Commission as Youth Commissioner Approved B. Mayor's Office: Resolution No. 15-1092: Resolution Appointing Lance F. Baumgartner to the Transportation Commission as Youth Commissioner Approved C. Mayor's Office: Resolution No. 15-1093: Resolution Appointing Hannah Sturtevant to the Parks and Recreation Commission Approved D. Parks and Recreation Department: License and Indemnity Agreement Between the Lions Club of Meridian and the City of Meridian Approved E. Parks and Recreation Department: First Amendment to Lease Agreement Between the City of Meridian and American Harvest, LLC for Lake Hazel Property and Authorization for Sublease with The Turf Company Approved F. Parks and Recreation Department: Resolution No. 15-1094: Authorizing First Amendment to Lease Agreement with American Harvest, LLC for Lake Hazel Property and Authorization for Sublease with The Turf Company Approved G. Parks and Recreation Department: First Amendment to Lease Agreement Between Jesse Carlton dba Carlton Farms and the City of Meridian Approved H. Parks and Recreation Department: Resolution No. 15-1095: Authorizing First Amendment to Lease Agreement Between Jesse Carlton and the City of Meridian Approved I. Fire Department: Sale and Disposal of Fire Engine 38 to the West Ada School District Approved J. Public Works: Budget Amendment for FY2016 in the Amount of $250,000.00 for Sewer Line Extensions Approved Meridian City Council Meeting Agenda Tuesday, October 06, 2015— Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 10. Future Meeting Topics 11. Executive Session per Idaho State Code 74-206 (d) — Records Exempt from Disclosure and (f) — Legal Counsel on Pending or Imminently Likely Litigation Into Executive Session at 9:06 p.m. Out of Executive Session at 10:27 p.m. Adjourned at 10:27 p.m. Meridian City Council Meeting Agenda Tuesday, October 06, 2015— Page 5 of 5 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 October 6, 2015 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, October 6, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree Keith Bird, David Zaremba, Genesis Milam and Joe Borton. Members Absent: Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Sonya Watters, Josh Beach, Clint Dolsby, Bob Stowe, Chris Amenn, Steve Siddoway, Mike Barton, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X _ David Zaremba X _ Joe Borton X___ Charlie Rountree X_ Keith Bird __X__ Genesis Milam _____ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: Thank you for joining us here this evening. We always appreciate our citizens coming out and attending one of our City Council meetings. For the record it is Tuesday, October 6. 6:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Larry Woodard with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Larry Woodard -- our beloved Larry. He is with Ten Mile Christian Church. We invite you to join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you, Larry, for joining us. Woodard: Before I -- before I prayed tonight let me just make a couple comments. There is a couple of you going off the Council and I want to say I appreciate being with you over the years and you have done an excellent job and I'm just pleased that you can take some time off now on your own. So, you have done a good job. The other one is that we had guests this last weekend from New Mexico who had never been to the Meridian or Boise area and they were my secretaries when I was in Santa Fe, New Mexico, and their Meridian City Council October 6, 2015 Page 2 of 67 remarks about Meridian I took note of. They said this the cleanest town we have ever been in and the people are so friendly here. One of them got on the phone to her son and says you start applying for jobs in this area and I will move up here. So, you know, that says something, doesn't it? De Weerd: Oh, our secret's out. Woodard: So, let me pray tonight. De Weerd: Thank you. Woodard: Dear Heavenly Father, I thank you for the blessings we have as Americans and especially for those of us who live in Meridian. Wise counsel and friendly leaders have been a hallmark of this city for many years and it shows in the way business is conducted and the employees who serve our citizens. Despite events like Umpqua Community College in Roseburg, a place my family lived for seven years or the breakdown in American leadership in the Middle East, we continue to be blessed here. Tonight we pray for the families who lost loved ones in that terrible shooting in Oregon and also for the servicemen who were killed this last week in Afghanistan. We pray, therefore, for our own police and firemen and EMTs who are our first responders. Keep them safe and put your arms around them. I pray tonight for our Mayor and each Councilman and Councilwoman, that you would give them additional wisdom as they decide issues that will affect this community for years to come. Lastly, I pray for our school teachers and the children that attend our schools. Keep them safe. But I keep hearing that our children today are leaving high school, not knowing the history of this nation and how men and women have sacrificed so that we can enjoy what we have today. I pray that good teachers will tell the true story of our nation. Forgive us when we make mistakes and it's always good to know that despite our stumbles you still love us, in Jesus' name, amen. De Weerd: Thank you, Larry. We always appreciate having you here and give Betty my best. Woodard: I will. She's fixing a washing machine tonight. Item 4: Adoption of the Agenda De Weerd: Important business for sure. Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On Item 5-L the resolution number is 15-1096. On Item 9-A the proposed -- the resolution number is 15-1091. 9-B the resolution number is 15-102. 9-C the resolution number is 15-1093. And 9-F the resolution number is 15-1094. Items 9-G and Meridian City Council October 6, 2015 Page 3 of 67 9-H need to be reversed in order, so H becomes G and G becomes H. And with those changes, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approval of Agreement to Schindler Elevator Corporation for “Elevator Preventive Maintenance and Service at Meridian Police Department” for a Not-To-Exceed amount of $2,580.00 B. Approval of Award of RFP and Services Agreement to VARSITY FACILITY SERVICES for “JANITORIAL SERVICES” for a Not-To- Exceed amount of $169,777.64 C. Approval of Agreement to Schindler Elevator Corporation for “Elevator Preventive Maintenance and Service at Meridian City Hall” for a Not-To-Exceed amount of $6,360.00 D. Approval of Agreement to Schindler Elevator Corporation for “Elevator Preventive Maintenance and Service at Meridian Water Resource Recovery Facility” for a Not-To-Exceed amount of $4,200.00. E. Approval of Award of Bid and Agreement to FLEXGROUND NV, LLC for the “SETTLERS PARK – ADVENTURE ISLAND RESURFACING” Project for a Not-To-Exceed amount of $174,276.62. F. Findings of Fact, Conclusions of Law: AZ 15-012 Graycliff Estates by L.C. Development, Inc. Located Southwest of W. Harris Street and S. Meridian Road Request: Annexation and Zoning of 52.46 Acres with R-8 (36.66 Acres) and R-40 (15.8 Acres) Zoning Districts G. Findings of Fact, Conclusions of Law: PP 15-012 Graycliff Estates by L.C. Development, Inc. Located Southwest of W. Harris Street and S. Meridian Road Request: Preliminary Plat Approval Consisting of 120 Building Lots, Nine (9) Common Lots and One (1) Other Lot on 52.46 Acres of Land in the R-8 and R-40 Zoning Districts Meridian City Council October 6, 2015 Page 4 of 67 H. Final Order: FP 15-031 Sovi Subdivision by DevCo Located 3515 S. Eagle Road Request: Final Plat Approval Consisting of Thirty- Six (36) Single Family Residential Lots and Seven (7) Common Lots on Approximately 4.86 Acres in the R-15 Zoning District I. FP 15-032 Normandy Subdivision No. 1 by Schultz Development Located 4145 S. Locust Grove Road Request: Final Plat Approval Consisting of Forty-Four (44) Building Lots and Seven (7) Common Lots on 11.03 Acres of Land in the R-8 Zoning District J. FP 15-033 Paramount Subdivision No. 30 by SCS Brighton LLC, Located North Side of W. McMillan Road and East of N. Linder Road Request: Final Plat Consisting of Fifty-One (51) Building Lots and Two (2) Common Lots on 16.49 Acres of Land in the R- 8 Zoning District K. Franklin Road Keylock Sewer and Water Easement L. Resolution No. 15-1096: A Resolution Authorizing the City Clerk to Destroy Certain Semi-Permanent and Temporary Records of the Meridian Public Works Department M. Approval of Amendment No. 1 to Task Order 10601.A to Brown & Caldwell, Inc. for the “ WRRF CAPACITY EXPANSION – DESIGN” Project for a Not-To-Exceed amount of $228,907.00 De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda, authorize the clerk to attest and the Mayor to sign with the proposed -- with the change in resolution number. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council October 6, 2015 Page 5 of 67 Item 6: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Community Items/Presentations A. Mayor’s Youth Advisory Council (MYAC) Update De Weerd: So, I will start with Item 7-A. Tonight you will have a MYAC meeting. Meridian Youth Advisory Council Meeting and Brianna Siddoway is here to -- to give you the update. Come on forward. And Brianna also goes by Bree and that's how we know her. Siddoway: Madam Mayor, Members of the Council, for the record my name is Brianna Siddoway. I'm the vice-chair of MYAC this year and I am a senior at Rocky Mountain High School. For this upcoming school year I will be giving you the updates for the Meridian Mayor's Youth Advisory Council. Over the summer we had many meetings with the Executive Council. We -- we planned activities. We also had an enjoyable time at Mayor Tammy's home. We had a pool party and we had potluck and it was really fun and it really made us more unified as a group. In mid August we held our registration for MYAC. We had booths that were set up around the valley here in Meridian, set up at the high schools, and when we took back the information we had approximately 400 people interested in joining MYAC. On the 31st of August we had our very first meeting, the orientation meeting. We had over 200 parents and students join here in Council chambers for this meeting. With the numbers that we had gathered together we decided that it would be a logical idea to do two separate meetings. With this we were able to fit everyone and almost all of the seats were filled for both meetings. I'd like to move into the Treasure Valley Youth Safety Summit. This is our fifth annual summit. We had -- we had 200 students from Meridian, Middleton, Nampa, Iona, and Blackfoot. We had met these -- these councils at the Association of Idaho Cities, which we attended last year and we told them about it and they said that they -- they were very interested in joining. We decided as an executive council to not do school specific groups. The reason why we did this was because we wanted people to -- to get more involved and be able to hear what other people here in the Treasure Valley are doing. Some of the activities that we did -- we had a parent panel where we had -- we had the Freeses. We had Buck Rogers from Buckle Up For Bobby. We had Officer Gomez and we talked about driving safety and notifying suicidal thought in friends and other people at school and also suicide. With the suicide they -- they talked about how their daughter had committed to suicide and the impact that it had on their family. Officer Gomez also talked about internet safety, which is something that we have heard from him multiple times and it still is a very enjoyable topic to listen to, because it really gets you noticing the things that are out there. We also did an event planning. We did this to get the youth here in the Treasure Valley to -- to learn how to do these things to life, because we figured that it would be an important aspect to learn. We also did texting while go carting. The reason why we did this so as to represent texting while driving. It's just a fun and light way to represent how difficult it really is and how it's Meridian City Council October 6, 2015 Page 6 of 67 not possible to do it. We also did laser tag with uneven teams. We did this to represent bullying and it was another -- as I said before, it was a very light way of talking about bullying, but you could definitely see the impact of it. We also did miniature golf with vision impaired goggles on and we did to that to represent how it would feel to be like as if you were under the influence. On September 28th we had our general MYAC meeting. This was set up more how -- how our future meetings will be planned. We had an ice breaker. This one we decided to make it longer and we did it because we wanted to -- to learn more about the members in MYAC. We also had Beverly Weise join us and she is the mother of Tiffany, who was killed in the car accident with Bobby and she reminded us of -- of what happened that we talked about at the youth safety summit. We also split up into subcommittees and we did this -- there is three subcommittees that we can split up into. There are government affairs, teen activities committee, and community service. We asked the -- the members to pick one that they would be interested to join in for the rest of this year. We also did school specific breakouts where we had the students from each of the schools here in Meridian and we had them talk about the issues that they are seeing in the schools. Some of the volunteer opportunities that we have coming up -- we -- or in the past. We did the community block party. They asked us to help with the mascots and that was really fun. We also did eight and forty-eight where they did the -- they made eight plays that they performed within 48 hours. We will be doing the Teens Against Tobacco Use, which is -- the nickname is TATU. With this we will be going to the middle schools here in Meridian and we will talk to them about the -- the dangers of using tobacco. Also The Village has asked us to volunteer for many events that they have coming up. One of the -- the events that they have recently asked us to help out is the Villains at The Village. We have not received a bunch of information yet, but from what we know they will be flying in people to dress up as villains in Disney movies and things of that sort and we can help with crowd control, raffle tickets and things of that sort. Looking forward, we will be doing our Meridian Youth Safety week with Officer Gomez. He will be talking to us about internet safety. We also have the candidate forum with the Meridian Press and Meridian Chamber. One of our biggest events is the trunker treat. It's going to be held on Thursday, October 29th and KIZN, 92.3, is going to be sponsoring our -- our entertainment side of this. It's a big event to here -- held in City Hall right here in the parking lot and it brings many people to join together for a fun activity. It also benefits the Meridian Food Bank. Now, I would like to ask you guys if you had any suggestions for the high schools. If any of you had any ideas that us as the executive council may be able to bring back to the high schools. De Weerd: Thank you, Bree. Council, any comments for Brianna in regards to her question on what they can be bringing back to their high schools and tackling with perhaps some solutions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A question on the question. I assume that's an open request and as we come up with those kinds of things we get a hold of you through Ken and have them brought Meridian City Council October 6, 2015 Page 7 of 67 forward. I don't have anything off the top of my head right now, but I do have a question, so -- De Weerd: Go ahead. Rountree: I'm interested with the number of students that have shown an interest, have you done a breakdown by -- by grade and the number of students interested by grade? Siddoway: If we have I do not know how many, but I know that a lot of freshmen are being interested in it. We are getting the word out to them more and also seniors, because it's their last year, trying to get these great things on their resume. Rountree: Thank you. De Weerd: I love your honesty. Any other comments for -- for Brianna for the question she asked or to what our Mayor's Youth Advisory Council is up to? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Brianna, just -- I just want to say what a great job you have done on your presentation and -- and how busy and successful you already are in this -- early in this year and I'm excited to see everything that you bring forth the rest of the year, so thank you. Siddoway: Thank you. De Weerd: Well, Council, I will tell you we have an outstanding executive council. They have been so engaged, they have been so dedicated to getting together, in particular over the summer to form plans and strategies to have a very successful year and if the first month of MYAC is any indication, it's going to be an amazing year ahead and I'm not sure if I'm more proud or your parents, so -- of your presentation. We just thank you for being here with us tonight and appreciate all you do. You certainly fill both Ken and I's love tanks every time we get together. Siddoway: Thank you, Madam Mayor. De Weerd: Thank you. Bird: Nice job. Siddoway: Thank you. B. Lake View Golf Course Capital Improvement Project and Request for Rent Relief Meridian City Council October 6, 2015 Page 8 of 67 De Weerd: Okay. Item 7-B is under the request for the Lakeview Golf Course capital improvement project and here to present in front of you tonight is Eric from Lakeview. Thank you for being here. I never know how to say your last name. Oaas: Oaas. De Weerd: Oh. Okay. So, I said it right. I don't know. I have heard it recently and I thought have I been saying it wrong the whole time? So, thank you for that. Oaas: You Oaas money. No. Madam Mayor, Members of the Meridian City Council, thank you for hearing me tonight. It's nice to be -- appear before you. Again, I'm Eric Oaas, I'm one of the owners of the lease with the city in Lakeview Golf Course and the purpose for me and the purpose for meeting tonight is to bring you up to date I guess with regard to the capital improvement request that we are making from the City of Meridian and Council this year and it's -- it's an item that we have talked about a couple of times in the past. It -- it's the renovation -- rebuilding renovation of the number nine green and I think we have talked about the need for doing this. It's -- that particular green has just been a headache and a disaster for nearly every golfer who golfs on the golf course. It's sort of like -- I have heard it described as playing golf on the back of a turtle. So, what we will do is we have engaged with Timberstone Construction to sort of manage the project with us, provide the equipment and most of the manpower, and we will supplement what they are doing for -- for us on the project with an additional -- minimum of additional 1,500 dollars. The 6,000 dollars -- or the total project cost of 7,500 is -- is a not to exceed and we are very confident that the work that will be done by Timberstone is going to -- in terms of value will far exceed the 6,000 that -- that they will be billing us for. We have had -- we have discussed this a number of times with the golf course focus group and just last week we had the most recent meeting and we do have a recommendation for -- for approval from the focus group and so with that I'm here to -- to make a formal request to the Council and to your questions. De Weerd: Council, questions? And I will give you somewhat of an update. First on our golf course focus group. We did add new members on and they were at the last meeting. While they said this -- this was one of those capital projects that would qualify under what would be considered as a capital project, I know last year we did considerable work on trying to help define what some of those items would be and while I don't think they specifically voted on a number, they felt that that was up to the City Council. They felt that it was a qualifying expense and were in support of -- of recommending it. Oaas: Thank you for the clarification and -- and just maybe a -- sort of ancillary information, the Lakeview Golf Course this year has -- in terms of other capital projects that we have undertaken and paid for, we have purchased five additional carts -- golf carts for our fleet and these were not replacements, these were additions to the fleet of golf carts. The cost of that was just over 14,000 dollars and we -- we also purchased an additional greens mower in order -- we already had one, which was doing just fine and fully functional, but we -- by adding a second mower to the fleet it allows us to get the Meridian City Council October 6, 2015 Page 9 of 67 greens mowed in a much quicker manner, so that we can get -- we are limited by the time that we can start mowing in the morning and so it gives us the opportunity to get golfers out on the golf course in a quicker -- a quicker way. We paid -- we put a little over 4,000 dollars down and we are leasing the balance over -- over a 48 month period. So, in terms of those two particular items, which I believe would qualify for the definition of capital improvement, we are right at about 20,000 -- just under 20,000 for -- for the year, in addition to the money that we will put forth on this number nine green rebuild. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Eric, I don't see how golf carts and a lawnmower improves our product out there. It improves your business and I appreciate you doing that. On this discuss -- you're asking for a complete 6,000 dollars? Oaas: That's correct. Bird: I don't know how the rest of them feel, but I think we should share 50-50. We could pay 3,750 and you can give us 2,250 for rent and you can put the other 3,750 in. That's my opinion. De Weerd: Mr. Zaremba. Zaremba: Thank you, Madam Mayor. We seem to have a -- De Weerd: Is your mike on? Zaremba: Is it, but maybe I'm not close enough to it. We seem to have an ongoing struggle with what's maintenance and what's operations and what would be a capital improvement and I think we have discussed at one time a capital improvement that would make the difference to the city is something that would be there after you leave. As Councilman Bird pointed out, a number of things you mentioned are to me just part of your operations and they are not something that would -- while they add value to your operation, they don't necessarily add value to the property and I struggle with that. It -- that's just part of running the golf course that anybody has to do and I even think that of -- of upgrading the greens and fairways and so, unfortunately, I would be inclined to say this doesn't count, although I would be willing to say an appreciation of what I know is going on out there and you're going on, it would be -- I don't want to phrase it as a gift, but I would support Councilman Bird's suggestion that we offer you 3,000 dollars off the rent. But I don't mean by that that what you have suggested qualifies to me as capital improvement. Oaas: Thank you, Councilman Zaremba. Rountree: Madam Mayor? Meridian City Council October 6, 2015 Page 10 of 67 De Weerd: Mr. Rountree. Rountree: You know, I'd hate to be on the other side of this discussion and being the operator of the golf course, because we are never clear in our history as not being where we are speaking tonight. Historically if there has been capital expenditure at the golf course in any amount in excess of 6,000 dollars, which is the annual rental fee, the fee has been waived. The question about whether or not -- and we are only talking about the green improvement, which is in excess of 7,000 dollars -- a little bit over 7,000 dollars, was discussed by the focus group and determined, yes, that's consistent with the language that was agreed upon by the focus group and this Council as amendment to the contract on how to go about requesting approval for capital expenditure and/or -- not reimbursement, but waiver of rent. In my opinion and the opinion of the focus group, the green improvement is a capital expenditure. The ninth green is not in any way, shape or form, by any measure, a legitimate golf green. It's like -- more like putting on a volcano. There is no place for pin placement, other than a few square feet in front of the green that if you put a golf ball it doesn't go to the top and run down the other side. You have to be a professional golfer to be able to hold the green. It's the rue of all the amateur golfers that play the golf course. I think if there was one thing that golfers that play out there would say in terms of improving the golf course it would flatten the ninth green and I have heard that time and time again and I heard that to some degree in the focus group. My position is, based on how we have historically handled capital improvements that until we amend the agreement we have with the golf course and what is and what isn't capital, we hold with what we have done in the past and that's been waiving of the fee. Now, the question is is that waived for this year or next year. It was -- the rent was due six days ago and if -- in my opinion we should not waive it for 2015, but should consider the waiver of the rent payment for 2016, with the condition that the project is complete. That's my position. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Eric, do you get more than one estimate on these projects or do you just get one estimate and does the city have a copy of that? Oaas: The -- I have -- in the earlier presentations I had the quotation from Timberstone to the best that they had provided us, but they -- just in terms of a golf course contractor or -- they are well known throughout the whole region. They do projects literally in Idaho and Montana and Wyoming and Utah. I'm not -- I'm sure they go -- they go as far as Oregon and Washington, but -- but this is where they are based out of and there is really -- they really are the -- the only qualified contractor I guess is what -- is the way I would describe it to do this kind of work. What we asking for is -- is not a simple -- we are not asking for a simple follow the -- the engineering drawings that you have, which, you know, any -- any good qualified contractor could do that. We are avoiding all the cost of hiring a golf course architect and developing all the engineering and all the plans in order to -- to facilitate getting the project -- getting it done at a very, very competitive price and so -- so a lot of Meridian City Council October 6, 2015 Page 11 of 67 the work that will be done is -- is going to be done on the ground, you know, based on the work that -- you know, all of their expertise in what they do elsewhere. So, to answer your question, we really did not get another -- another quote for that very reason, that -- that there aren't -- there just are not a number of people who could go out and do that -- that work on site, you know, sort of on the fly. Milam: Follow up. So, these -- they are somebody that travels all over the area, but nobody else travels here, they are the only ones that could do this or you're saying it's -- I'm sorry, I'm just having a hard time -- for me it's hard to make a decision based on the vague -- the vagueness of the information that we have. Basically you're the 6,000 dollars -- I haven't seen what that entails, what part of that is anything unusually making a business decision, I would get at least three estimates that I know that it's the lowest one or the best qualified company and that is literally the only one. Oaas: And, Councilwoman Milam, I think that we have -- we have provided -- and I should have it with me tonight, but I -- but I'm sure that I provided the -- the information specifically what they told us that they would -- they would do, you know, for the work and we could -- we certainly could attempt to get additional quotes, but, again, it's such a specialized -- it's such a specialized area and with construction being as hot as it is I -- you know, there is not a lot of interest in -- Milam: The little jobs? Oaas: Yeah. In actually sort of the headaches that would be involved in this. It really is a highly specialized talent, if you will, and that's why they are so darn busy. We have been trying to get this done for over six months now and -- and we are finally going to get it accomplished, because they have to come back home and -- and, you know, they are -- they are getting all the -- the mountain elevation courses done, you know, first before they come back. But -- but it is a very highly specialized talent. Milam: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Did I understand Councilman Rountree right, you're not asking forgiveness for '15, you're willing to pay the -- you're asking for next year's forgiveness? Oaas: Councilman Bird, we would be willing -- I mean if the Council -- if it's the Council's preference to do it for next year, we would be -- Bird: I don't think my -- I don't think my opinion is going to change in a year, but -- so, what we are actually doing is -- is setting the rent for next year, whether we forgive 3,750 or the full 6,000, whatever we do. But this year you're paying the 6,000? Meridian City Council October 6, 2015 Page 12 of 67 Oaas: If that's Council's wish, absolutely. Bird: That where I -- I didn't understand it that way, but now I do. Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: So, to the last point that horse is out of the barn. I mean rent was due October 1 and the MOU that was developed in January of this year to try and avoid all of this contemplated a situation where a request and the entire process was completed at least 30 days before October 1. Oaas: Yes. Borton: So, not only is rent certainly due for 2015 and '16 -- which if you haven't paid it it's late; is that -- is that correct? Oaas: For -- Borton: That was due six days ago. Oaas: We -- we have not paid it; that is correct. Borton: So -- De Weerd: And, Councilman Borton, I would just say that we didn't get the focus group together until last week and there wasn't a meeting, so we were filling the seats and so that one's on me. Borton: Okay. So, nonetheless, we went through this process and as I see it, regardless of what's happened in the past and as the sole person who tried to get this approved, if you will recall early on -- and I couldn't get a second to get it approved, a couple things were crystal clear in my eyes and there should be no question about it, lawnmowers, equipment, are never, under any circumstances, ever a capital improvement for the purpose of this program and we resolved that last time. So, it's an expenditure and it's valuable for your business, but there is zero question on that point. I agree that improvements -- and I agreed last time -- that improvements to the real property, like you're suggesting, are what's contemplated in a capital improvement. It's that type of improvement that the city wants to incentivize with this clumsy structure that we have got. Nobody supported it last time. What I struggle with in this -- and Councilwoman hit on it to some extent -- is over the course of nine months nothing's changed and you literally brought back the Exhibit B and scribbled out a date and there is no more specificity than we had nine months ago. It's -- it's riddled with if necessary and evaluate -- with this approval you literally could do anything you wanted and it would qualify. You can cut and move and design in any way and it would be sufficient -- and that's not necessarily your Meridian City Council October 6, 2015 Page 13 of 67 intent, but effectively you're asking the city to give you taxpayer dollars back to do this. I don't feel anywhere close to being comfortable the way it's been written and presented. There was comment back in January about some of the original intent was some shared expenditures. Madam Mayor had asked that question in some detail and you had that discussion that I thought was valuable. So, the idea of avoiding bids and avoiding design to keep the cost as low as possible technically helps no one other than yourself; right? To try and get the cost down to six grand -- 6,000 dollars, really doesn't help the taxpayer at all to insure that it's truly a valuable capital improvement that meets the letter, intent of the MOU that we designed. So -- now, if you haven't -- if you have got rent due six days ago for this fiscal year, it sounds like that would be paid -- or in my mind should be paid and the request right now would be contemplated perhaps well in advance for next year, which gives you ample time to put some -- some clarity in really what's -- what's going to be done and what's not going to be done and if that -- again to really be an improvement to the city's asset, that's an expenditure worth -- worth making. So, I supported it last time trying to incentivize that, but I don't think I can right now. I don't think -- but I don't think you're at -- I think there is time for you to answer all of those details and provide some more specifics. Oaas: Well, Councilman Borton, I appreciate your comments and, you know, part of -- part of -- a big part of the problem is, you know, Timberstone has been so busy we -- we literally have been hounding them from months and I understand that doesn't really solve your question or your issues, but -- Borton: Uh-huh. Oaas: -- but I don't -- I would take exception to your comment that I have done nothing in the nine month period, because we have done a tremendous amount of work in -- but, again, you're not seeing that, so -- Borton: No -- Madam Mayor? De Weerd: Uh-huh. Borton: I didn't say you have done nothing. I'm just looking at the document you provided -- Oaas: Right. Borton: -- which is literally the same exact piece of paper and you have crossed out January 25th and wrote October 15th. So, what I mean nothing, it's just specifically with regard to this request and any detail which answers the earlier questions that we needed to see -- I mean kind of meet us halfway. The city wants to help. I think you got to do your part and I don't think you have to make us feel comfortable that, yes, we are going to give back to you taxpayer dollars for you to invest; right? If this came -- if it was a park's request with this type of description would we provide 6,000 dollars to fund it? Certainly not. If it was done that way in -- sometime in the past for whatever reason, it sounds like Meridian City Council October 6, 2015 Page 14 of 67 our intent at the process we went through in January was to end all of that and provide real clarity, in fairness to you, exactly what's going to be required. So, when I saw the same thing I had those concerns and with regard to a focus group recommendation, in my eyes specifically to a capital improvement reimbursement, I find it hard to see any reimbursement request that a focus group would be against. Because, really, what you're trying to do is improve the golf course and have the city help pay for it, why would you be opposed to anything, quite frankly. I would expect them to support darn near any form of reimbursement you can get to help the golf course. So -- I mean I appreciate their service, but it's not incredibly persuasive on this particular issue, because I don't know what they would say no to if it helps the course, so -- Oaas: So, Councilman Borton, are you -- and, again, I'm just looking for clarity. Is it -- what is the purpose of the focus group, Madam Mayor, Councilman Borton? I mean it -- wasn't -- wasn't that the purpose, so that the focus group could look at and analyze and determine and make recommendations? De Weerd: Mr. Oaas, I guess the purpose of the focus group has been to vet what you bring forward to the City Council in terms of qualifying it as a capital expense or not. I do know there was some conversation about the carts and the lawnmower and I -- I think there was maybe some difference of opinion of -- should that be counted towards the golf course's piece of what they invest on an annual basis. They felt that it was the Council's role to decide if there was a rent offset, what that amount should be, if -- the full amount or if it was a portion of it. That wasn't there. They did discuss this is a capital improvement as discussed last January and trying to better define that, they saw that this was an improvement to the land, it goes with the land, and so if it were ever to be turned back to the city, the city would benefit from that capital improvement. So, that was the discussion and certainly that was the discussion that we had last January when we were trying to define what those eligible capital improvements were. The focus group also serves as a point of contact of the focus group members to users and potential users of the golf course that feed feedback to the -- the operator and trying to make this an asset that we all can be proud of and it's worked very well in being that two way dialogue in bringing the voice of the people to the -- the operator and having that dialogue. So, we are all aware of it as well. So, Steve, I don't know if you have anything you would like to add? I saw you hop in the seat, so wanted to give you that opportunity. Siddoway: I saw you looking at me like you wanted me to add my thoughts. So, the -- the golf course focus group did discuss the improvement to the number nine green and they did feel that that met the requirements for a capital improvement as discussed by the Council at their previous meeting. They did recommend approval of that for your consideration. Towards the end of that discussion, as they were talking about, you know, is it a full 6,000, is it a cost share -- it was brought up the -- the golf carts and while they didn't -- they encouraged Mr. Oaas to bring the information about the carts to the Council for consideration, although they didn't have the full information in front of them last week. I don't think the mower specifically came up last week and I think the question on whether those would be considered capital would be if they are the city's asset if Mr. Oaas leaves and I'm not sure they are, but maybe you could address that, Mr. Oaas. Finally, I would Meridian City Council October 6, 2015 Page 15 of 67 just say in terms of process, one thing I might recommend based on the -- the MOU and the addendum to the agreement is that perhaps Council could just weigh in on whether the improvement to the number nine green would be considered a capital improvement towards rent relief. I think there is some urgency in terms of timing before -- with the weather to get it moving this month if -- if that's the direction we want to go, but, then, require that he come back with actual invoices and, then, have the discussion about the dollars for next year's rent relief based on actual invoices for this -- this project. I guess that's a recommendation I might make if possible moving forward. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Steve, got a question for you. In your opinion changing the green on hole nine, does that make the property more valuable out there? Siddoway: I think it's an improvement to the golf course that is an asset. Bird: As to the business of the golf course or to -- is it -- does it put more money -- does it make that golf course per square foot more valuable than it is now? Milam: Yeah. Bird: How? Milam: Madam Mayor? Sorry, I -- De Weerd: Mrs. Milam. Milam: I believe that it is an improvement, just as if you were going to sell your house and you -- and you paint -- you paint a room, it adds value. It does -- it improves -- it improves the value -- improves the amount of the marketability of that asset. So, I believe that this is a capital improvement. I was actually disheartened to hear you throw in the -- the lawnmower and the carts, because kind of took away from this project as far as I'm concerned, because those are not capital improvements in my mind, so I would have rather not heard about those, because it kind of twisted me a little. However, I do believe that this project is a capital improvement. I don't know that we should pay for the entire thing and I certainly don't think we should pay for it before the project is done. I know we want it based on invoices. I really would have liked to see multiple bids. If I was to go and present it myself I say I would like multiple bids, then, we approve it or, you know, do it and we -- then we decide based on actual invoices and the -- I would have more -- I would want more clarification about the 1,500 dollars than is through your -- your grounds crew, is that -- that labor, is that additional to their labor or are we just paying the labor that you're paying them anyway? So, I would want -- those are the things I would need clarification on. I hope that helps. Meridian City Council October 6, 2015 Page 16 of 67 Oaas: Councilwoman Milam, I -- indeed, the labor portion would be what -- what would be -- we would be laying those people off sooner. In other words, that is -- that is additional out of pocket cost for those individuals, because, you know, we are starting to -- the golf season is starting to wane and so you have to keep your expenses match with your revenues as much as possible, so -- so to answer your question that -- that would be additional that we would incur for that project. Milam: Thank you. Oaas: If that helps. But I understand your -- your desire for -- for additional quotes and I'm more than willing to respond to that. Milam: That's just me, so -- De Weerd: Mr. Zaremba. Zaremba: Madam Mayor, because earlier has been brought up, I will risk repeating what I said in the earlier discussion and why I struggle with this. If -- if you look at any business that's tried to attract customers -- let's take a retail business. They rotate their stock. They change it with the seasons. Next year when you go in there they have got different stuff than they had last year and it just seems reasonable to me that it's part of operating a golf course to change the greens and fairways every once in a while to give a new experience to the -- to the customers and I call that operations, not capital improvement. It's something you have to do to retain customers is continuously make some changes, whether you change elevations, put in traps, take out traps, put trees, take out trees -- all of those things which change the course over a period of time and maybe you only do one fairway green combination a year, but over time to me that's part of the operation of a golf course that involves bringing customers that want to come back and say, okay, what's different, you know, or -- and, yeah, if you have complaints about one of them you make that improvement as part of it, but I struggle to see how that adds to the golf course. To me it's just operations. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To -- to Mr. Siddoway's questions as to whether or not it qualifies -- I think it does. I think it clearly falls within -- paragraph three in our MOU cites four conditions or consideration that we look at in determining whether or not this is a capital improvement and I think it meets them all. It improves the amenity, providing an additional enhancement or capacity to serve. It's a permanent improvement. Useful life more than a year. Ownership of the project is vested in the city upon completion. The project is not intended to fulfill an operational obligation already existing in the lease agreement. So -- and we talked about this in January as well. I think it clearly falls in and -- and I would love to support this type of project. I, quite frankly, am intrigued by multi-year projects and large scale projects, because that's a big improvement to the city's asset we are willing to Meridian City Council October 6, 2015 Page 17 of 67 incentivize. I just don't think you're there at all with what's been provided. Again, I was the only supporter before and I want to help, because I think it's appropriate in line with the MOU. I'm not comfortable approving it with what's been presented, so my recommendation would be get current for the rent that was due six days ago and, then, refine it and if that means it doesn't start this fall, it doesn't start this fall. I'd rather it be done right than done right now. Oaas: I appreciate your response -- your comments, Councilman Borton. If we don't do it this fall I'm going to get scalped and that's not your -- we have -- we have been talking about this for months and -- and the members and the guests that are out there are all tuned in and looking forward to this. I understand your need for -- for more information and I'm more than willing to provide whatever you need, but -- but I feel very strongly that we need to move on it and we need to move on it now. We are losing customers, so -- Borton: Madam Mayor. To that point I -- quite frankly I would have done something from January 13th until July and I would have -- I have knocked on the Mayor's door and said -- Oaas: But, Councilman Borton, Madam Mayor, I asked you to support me. We have been trying to get this done for -- for many months and the selection process for new members has -- has done delayed this -- is it fair to say for three months? De Weerd: To -- well, in getting it built? Oaas: No. No. No. No. In terms of presenting this to the Council. De Weerd: Yeah. Well, no. Our request came in I believe towards the end of August and so it didn't -- it didn't delay it months from when you asked, but certainly when we got your request to get it on the agenda that it did delay it a month, yes. I have already admitted my end to this. Oaas: And thank you, Madam Mayor, Councilman Borton, we have -- we literally have been hounding this contractor on a weekly basis and, again, I know that's not -- that's not your -- your fault, but, believe me, there has been -- there has been a significant amount of work done to -- to bring this to fruition, you know, at this point in time and, again, I would -- I would request that -- that you give me the opportunity to gather additional quotes and to -- and to get Timberstone -- you know, to provide some specific information, but -- but I would urge the Council to move forward this year. The rent will be -- the rent we decided -- Madam Mayor, I think you agreed that -- that we would have at least a few -- a few days we would not be considered delinquent on our -- our lease payment. We decided that last week; is that not correct? So, I don't want to be tarred and feathered for not -- you know, not being current, because we are current and I would just urge the Council to -- to allow me to bring the information back that you -- that you want and move forward with the project. Milam: Madam Mayor? Meridian City Council October 6, 2015 Page 18 of 67 De Weerd: Mrs. Milam. Milam: I need some -- I guess some clarification on the process. Do we have to approve it before he does the project or can he do the project and, then, come back and ask for rent relief? De Weerd: Mr. Nary? Nary: Madam Mayor, Members of the Council, on the process question, Council Member Milam -- so, the request is supposed to come in prior to the fiscal year's beginning, but it also requires that it be heard by the golf course focus group, which as the Mayor stated, we weren't able to do that. So, Mr. Oaas is correct. At the meeting last week -- and, Council Member Rountree, if I misstate this -- was there for the meeting as well. The golf course committee wasn't concerned about the lateness because of the committee configuration and meeting time. So, the other part of the process is before the rent relief can actually be finally granted the Council can direct it, but the project needs to be completed, the invoices need to be provided, and it needs to be inspected that it meets the specifications that were intended and, then, the rent relief can be granted. So, the question before you tonight -- and you have all hit on it -- on all of those points is if there is rent relief for this year, which is what Mr. Oaas's original request was, it can be applied to next year as we have discussed. It should be granted until it's completed, so that -- that clearly is part of the process we anticipated and contemplated when we had this discussion last year. So, it would have to still get done and completed before it was granted. It's just whether or not you would grant it for this year, which means you wouldn't have to pay it until the process was over or if you granted it for next year, then, you would have to pay this year's current -- to be current and, then, once it's completed it could, then, be applied to the next fiscal year. So, all of those things -- I hope that answers your questions, but, really, that's the direction we were looking for tonight is if rent relief would be granted, in what amount, and for which fiscal year. And it would all be done after it's completed. Bird: Madam Mayor? Milam: Madam Mayor? Oh. De Weerd: Mrs. Milam. Milam: So, I guess I'm still coming back to the same place. We are talking about -- I'm assuming at this point we are all talking about '16. So, there is plenty of time -- we have now until September. From now until September. So, if it was my golf course I would take care of the problem that needs to be taken care of, fix the green, do what needs to be done and, then, come back and ask for rent relief and that's why I asked that question. And if you do the project this year I don't -- if it technically can be done, then, you could still ask for this year's project rent relief for next year and still do another project next year, qualifying for next year. I hope that makes sense. I would like to see you do more projects every year. I just don't see why this has to happen prior to the project happening, Meridian City Council October 6, 2015 Page 19 of 67 because, obviously, as you said, the project needs to be done or the members -- you have got people paying good money to be out there golfing. It probably needs to be handled. So, I would go ahead and do that. But do we have to make that decision tonight I guess is my question. Borton: Madam Mayor? De Weerd: Mr. Bird and, then, Mr. Borton. Borton: Oh. Bird: Eric, I appreciate this coming down from 70 -- or 35,000 to 7,500, the green, this -- from January, but I -- I also -- if it's that important to the business, I'm like Councilwoman Milam, go get the thing done and, then, come back and ask us for relieve next year. You know, you're asking for relief now before you get the thing done and we -- and if it's that important -- if it's -- if it's keeping players off the course, I would be out there with my shovel and going to work. De Weerd: Mr. Bird, I guess the line of thought was to bring this to Council to see if this qualified and Council would agree to consider it for rent relief. The second question would be how much. And, then, the operator can move forward knowing that the city would be a partner to that capital expense or not and, then, bring back the -- the invoices for -- for the project itself. If there is some difference between the rent relief and what you have approved when the invoices come in, either the operator can pay the additional or the city reimburses that. So, I guess that's -- that's more what the discussion was to -- to contemplate. And it's just so we can move forward knowing is the city a partner or not and how much of a partner they are. So, those -- those are the two items. Mr. Borton. Borton: Madam Mayor, to that -- to that question, the -- the MOU, Section B-1, requires in order for you to have the reimbursement you got to do what you're doing now. You are required prior to incurring any expenses, come run it up the flag pole, see if we bless it -- Oaas: Yes. Borton: -- and we do the work, bring back the invoices and finance would credit your rent payment. Oaas: That's correct. Borton: So -- and that would -- so, this process would occur for the rent due next fall, quite frankly, for the October 1 rent. So, it would need to be blessed at some point by Council, then, completed, those receipts brought back by September 1 to -- or before that, actually, is the process. Oaas: Councilman Borton, that's true. But, again, to the Mayor's point, we -- we need to understand whether -- if it meets, you know, the design criteria and the invoices are -- are Meridian City Council October 6, 2015 Page 20 of 67 accurate and bona fide, then, the Council -- then the city does want -- does -- will -- is agreeing to be a partner on the project. Borton: Madam Mayor. For what it's worth, submitting it -- this all had to be done right before September 1. So, making the request in August is doomed to fail, quite frankly. There is just not time to do it, you know, versus bring it to submit the form in June or May; right? Because we had all the same documents -- exact same document we had in January; right? It didn't get submitted back until August it sounds like and there were not changes on it. So, for my -- the redesign or rebuild of a green is a capital improvement -- can be. What's been submitted is insufficient to support a reimbursement. We would have no idea, unless you turn in receipts, whether they meet the work that you were going to complete, because what's been presented doesn't really tell us, really, what's going to be completed. So, I think it -- the potential is there, but I couldn't approve it today. De Weerd: So, Council, to move this along, maybe you can let Mr. Oaas know what you need and we can place this again on the -- the Council agenda next week. If you are seeking further information or if you want to make some kind of a determination this evening -- we are just trying to get some sense of direction here. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would make a motion -- probably won't get seconded or probably won't get passed, but I would -- I would move that we do not excuse the rent for fiscal year 2015, but that the operator proceeds with the -- with the project in the fiscal year of 2016 and comes to us for possible rent relief at that time. Zaremba: Second. De Weerd: I have a motion and a second. Discussion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Were we required by the MOU to determine the specific at this point or just that we will be a partner in the project? De Weerd: I think that the motion says we would consider it. I didn't hear we would be. Milam: Sorry. I'm curious about -- if that's what the agreement says. De Weerd: I think the agreement does indicate that this Council needs to determine, one, if it's a capital expenditure and, two, what the rent -- what the amount of rent relief would be. And, then, following that you have to have invoices to show and expenses made. Meridian City Council October 6, 2015 Page 21 of 67 Bird: Madam Mayor? Milam: I guess my question does that -- does that part of it need to be determined this evening or when he comes back to us for rent relief based on Councilman Bird's motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Based on the -- very difficult to hammer out. We have been at this for over half an hour. We have a very explicit process in place. The process says City Council motion to approve project as rent relief eligible. In other words, it's a capital project. Total amount approved is rent credit eligible upon completion and substantiation, which is the submission of invoices, et cetera. We need to do two things. One is it eligible for rent relief -- rent credit, as the MOU states and, two, how much. Bird: Madam Mayor? Rountree: And the most you can is 6,000 dollars. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: That's -- that's -- and, Mr. Nary, correct me if I'm wrong. With my motion we are -- we are not pardoning 2015's, but we are telling him to go ahead, come back to us, as the MOU says, and at that time we determine whether he gets 50 percent, a hundred percent of the deal, but he has to bring it back in. Rountree: No. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Now for better or worse, we -- we tell them the figure now, because he needs to know what the potential eligible reimbursement amount is prior to doing any of the work. Bird: Madam Mayor, I can -- I will change -- if the second will approve I will change my motion. De Weerd: Mr. Bird. Zaremba: Go ahead. Meridian City Council October 6, 2015 Page 22 of 67 Bird: I make a motion that we do not forgive the rent at the golf course for fiscal year 2015 and that the operator goes ahead and does his project on green number nine and presents the cost to us and at that time I would be in favor of -- if it's -- if it's under 8,000 dollars of doing 50 percent and if it's over 8,000 doing a hundred. But invoices have to be shown. Zaremba: Clarify the hundred percent being 6,000 dollars? Bird: Six thousand dollars. Zaremba: Second. De Weerd: Okay. So, I have a motion and a second to -- Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Discussion. I think it needs to be clear that the maker of the motion has indicated that the project is eligible for rent credit and, then, the other stipulations that he has put forward. Bird: That -- and the motion does clarify it when you come back and do it. Rountree: It -- it doesn't state that. De Weerd: Your notion implied that it was. Eligible just to give clarity -- Bird: Okay to open again? Madam Mayor? De Weerd: Okay. Bird: I move we approve -- we do not approve the rent relief for fiscal 2015. The operator goes ahead with this project on green number nine -- De Weerd: As an eligible project. Bird: As -- and will be considered by the MOU as an eligible capital improvement and that when he brings us the invoices and -- what I mean invoices I'm going to be very clear, it's -- I want to see his labor time cards and all this stuff that -- from his own company to make sure that we get the exact cost and if it's over -- if it's under 8,000 of the proposed we pay 50 percent. If it's over 8,000 we pay the full 6,000. We relief -- we forgive the full 6,000. De Weerd: Will you repeat that? Oh, sorry. I -- Zaremba: I would second that. Meridian City Council October 6, 2015 Page 23 of 67 De Weerd: I'm kidding. Nary: Madam Mayor? Madam Mayor? De Weerd: Hold on. Did you second -- Zaremba: Uh? De Weerd: Did you say you second? Zaremba: I did second and I have a comment, but Mr. Nary has one first. Nary: Madam Mayor, just wanted to clarify, because the record sometimes can get muddy on this topic. De Weerd: That's why I wanted him to repeat that. Nary: I understand. I know Mr. Bird said fiscal year '15, but I believe he probably meant the payment that was due October of '15 and the payment that is then due October of '16. Because this is technically fiscal year '16. Bird: No. I said we relieve him -- or we don't relieve him of his rent for fiscal year '15. Nary: Fiscal year '15 was last year. This is fiscal year -- Bird: That's right. But he has to pay what he hasn't paid that he was supposed to pay in September. Nary: October of '15. I just wanted to be clear. I believe that's what you intended. Bird: I didn't say calendar year. Nary: Right. It's October of '15 is the one that's currently due, which is, actually, fiscal year '16. Bird: And we didn't relieve him of that. Nary: Correct. And I was just wanting to clarify your motion, because I believe that's what you intended and I didn't want it to get confused later and the next one is fiscal year '17, which is October of '16 is what you would contemplate for the future. Bird: October -- fiscal year October -- Nary: Yes. Sorry. I just wanted to make it clear, so -- Meridian City Council October 6, 2015 Page 24 of 67 Bird: Okay. Zaremba: Well, the clarification is that rent is actually due at the beginning of the fiscal year. Nary: Correct. Zaremba: Okay. The second agrees with whatever was said. Madam Mayor? De Weerd: Yes. Zaremba: My additional comment -- just some discomfort and I will -- people can correct me if I'm wrong about this, but my recollection is that the previous operators of this golf course, lessees of it, did very little in the way of maintaining or improvement and we were thrilled when Eric and his company came forward and said we will take this on and the agreement that I remember -- and here is where people need to help my memory to make sure it's accurate, but the agreement that I remember at that time when we allowed the change of lessee -- the new lessee group had volunteered that at their own expense they would improve three holes a year. Tee boxes. Fairways. Greens. Three sets of those every year at their expense. So, the only reason I bring that up is I want us to understand why I'm struggling with how far we have slid away from that. Now, if I'm wrong about what I thought that agreement was, I'm happy to be corrected, but the reason we struggle -- the reason I struggle with this is we have gone a long way from that, in my opinion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You're wrong. Zaremba: Okay. Rountree: There was rent relief provided with all of those projects. Oaas: That's correct. Milam: Madam Mayor? De Weerd: I will just say that one of the reasons the focus group was put together was to -- to flush out the improvements, the years considered for the rent relief or the lease relief credit and that's -- that plan was followed and it was last year that the request that came in front of Council was kind of a little bit blurred as to what was the capital expense and that is why the lessee and our legal team worked at clarifying what was an eligible expense. That kind of wiped everything out and said this is what needs to be done moving forward and so that is where we are here today and having this -- this conversation. Mr. Bird, did you have -- Meridian City Council October 6, 2015 Page 25 of 67 Bird: No. I'm fine. De Weerd: Okay. Bird: I'm ready for the question. De Weerd: Any further discussion on the motion in front of Council? Oaas: Madam Mayor, may I ask -- or have you closed -- De Weerd: No, we need to vote on the motion and, then, I will -- Oaas: I just need -- Milam: Madam Mayor. I guess -- sorry. De Weerd: Mrs. Milam. Milam: I guess my question to -- maybe to the maker -- so, basically, if Eric pays his employees 500 dollars more he gets an additional 2,000 dollars, That's -- that's quite an incentive -- I'm having a hard time with that. Bird: I see his time cards and I know -- I know he don't pay the -- he will be fair. I wouldn't be stating it if I didn't think he was fair. Milam: Okay. And I'm not saying -- that wasn't anything personal against you -- Oaas: No. I understand. Milam: It was the way the motion was stated, so -- Bird: Madam Mayor? With public money I think that it is our duty to make sure that every base is covered and seeing their time cards and -- and approximately I -- I know approximately what they pay their employees out there, so -- I just think that with the public tax dollars that we are forgiving -- to be clear, so -- Milam: Madam Mayor? De Weerd: Okay. Just to be clear, though -- because I am just checking your math and I think this is what Mrs. Milam is -- is asking. Your -- this is miserable for all of you and I would say it is for us, too. What you're saying is if it's 8,000 dollars or less it's 50 percent. Bird: Yeah. De Weerd: But if it's over 8,000 you will pay 6,000. Meridian City Council October 6, 2015 Page 26 of 67 Bird: We will forgive the six -- De Weerd: So, you will pay -- okay. You will forgive more than 50 percent. Bird: Yes. We will give a hundred. Milam: And that hundred percent is -- Bird: But he's got an estimate here of 7,500 and -- De Weerd: Okay. So, everyone is clear on the motion? Any further discussion? Madam Clerk, will you, please, call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, nay; Milam, yea; Cavener, absent. De Weerd: The motion passes with the majority in favor. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. Oaas: Thank you, Madam Mayor and City Council. I just -- just need to understand. We are talking about 2017? Bird: 2016. Oaas: 2016. Bird: The current year we are in right now. Oaas: 2016. Okay. Got it. Thank you. Thank you very much. Item 8: Action Items A. Public Hearing Continued from September 22, 2015: AZ 15-009 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Annexation and Zoning of 16.08 Acre of Land from the RUT Zoning District to the R-8 Zoning District B. Public Hearing Continued from September 22, 2015: PP 15-014 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Preliminary Plat Approval Consisting of Fifty-One (51) Single Family Residential Lots and Eight (8) Common Lots on Approximately 15.75 Acres in a Proposed R-8 Zoning District Meridian City Council October 6, 2015 Page 27 of 67 De Weerd: Thank you. Okay. Item 8-A and B are public hearings on -- continued from September 22nd on AZ 15-009 and PP 15-014. I will ask for staff comments at this time. Beach: Thank you, Madam Mayor, Council Members. This is a -- as you said, this was continued from September 22nd and there was a question asked of Mr. Unger as to the feasibility of tiling the Creason Lateral that crosses his property and I believe he has some -- some exhibits he would like to present to answer those questions for you. De Weerd: Okay. Mr. Unger, do you want to come forward, please. Unger: Madam Mayor, Council, Bob Unger with ULC Management. 6104 North Gary Lane, Boise, Idaho. 83714. Representing CS2, LLC, who is the developer. De Weerd: Thank you. Unger: We -- you know, I received some -- some good direction from the Council. They had great questions and I have spent some time with staff and provided responses to the questions and I believe staff has some -- Beach: Which -- which of the exhibits would you like to see? Any of them? Unger: Start with the first one and we will go right down the list. It won't take long. Okay. One of the -- one of the things that was brought up by Council Member Rountree was about the sign that requires the road to be -- that says road to be extended in the future. This is a standard ACHD barrier -- their barricade and that sign is always installed. So, both of our stub streets will have a barricade just like that with the sign. Okay. Next one. Mr. Rountree also requested that we show the orientation of the buildings that are on the common drives and all of the orientations the front will face the common drives. So, we did -- I did provide both of those items. And this is the other common drive. Okay. I met with Dave Miles, who is the flood plain administrator and this is a copy of the -- of he and I's e-mails back and forth and his recommendation is that there the condition 2.1.2 be modified to read as shown on the -- on his e-mail here and, essentially, the question came down to -- well, first of all, we were told we could not build a fence within the floodway. That is not correct. We can build a fence within the floodway if we can demonstrate that there is no rise in the flood elevations. So, what he has done here in modifying this condition is -- we are required to submit an application -- a flood plain application, which includes a hydrology report and that report is going to have to show no flood rise either with the fence or tiling. So, he's comfortable with this condition of approval, so it gives us either option and if we can't demonstrate that either one of them works, then, we can't meet this condition of approval and that says we cannot move forward with the project. Our preference is going to be to fence it, because we have some really nice, mature willow trees along -- along that portion of the lateral. But we will see how the hydrology report comes out. Okay. Another question that came up was whether Nampa-Meridian would allow us to pipe that portion of the lateral and this is an e-mail from Greg Curtis at Nampa-Meridian Irrigation District stating, essentially, that it can be tiled as long as we Meridian City Council October 6, 2015 Page 28 of 67 have a license agreement with the district and we are going to have to have a license agreement with them to fence it anyhow. So, either way we have to do a license agreement. Okay. And, Madam Mayor, you -- you asked what we could do about people -- other people from outside the subdivision using our park. About all we can do is put a notice up -- and this is an example of a notice that we would put up that this park area is designated for the use by the Creason Creek residence only. And I don't know if there is more that we can do. I mean we can't, you know, patrol it and throw people out. Most areas -- you know, they have like the subdivision to our east they have a park area of their own that they can use. But certainly this is probably as far as we can go as far as, you know, regulating who uses it. We can make that statement. If it becomes a huge issue, then, I guess we could contact the police department and get people for trespassing. Okay. If we can go to the next one, please. And this was another notice that we -- we are agreeing to put up and that's in response to Council Member Rountree pertaining to noticing that the property adjacent to ours is designated to be neighborhood commercial by the by City of Meridian. So, we will place that same sign next to the -- on the barricade at the two stub streets. Okay. Thank you. And we want to -- I wanted to show you just a couple three real quick examples of areas that have sidewalks next to a canal or large ditch with no fencing whatsoever. This particular one is an ACHD sidewalk. The next one -- these are all on McMillan Road by the way. This is a pathway that's along a very large canal, which is larger than the Five Mile Creek or the Creason Lateral. Considerably larger and with higher flows and this pathway starts at the west end of this property and it goes to the east end of the property and stops. And this -- this particular one and the next one is on a project that was just recently approved and developed within the past year and the same scenario. So, if I wanted to show those examples -- because if I wanted to show those examples -- because ACHD is requiring us to put a sidewalk along the Five Mile Creek, so I wanted to show that, you know, this has happened in the past without any kind of fencing and, actually, the Five Mile Creek -- I checked the slopes on the Five Mile Creek and the slope on that bank is about a five to one slope, which is less than most. Okay. And, then, if we go to the next one -- Beach: I believe that was all of them, Bob. Unger: Yeah. You're right. That is it. So, I think -- I think we have responded to the questions and concerns that the Council brought up at the last meeting. We feel we can move forward with the project. We will have to submit the flood plain application and demonstrate that the lateral can either be fenced or piped without causing a rise in the floodway. So, I will stand for any other questions you may have. Milam: Madam Mayor? De Weerd: Thank you, Bob. Yes, Mrs. Milam. Milam: Thank you, Bob. That was -- that was nice on your -- all your clarifications. I just wanted to say also -- and I think that an open canal will be a much -- more esthetically pretty as well. But, again, my concern was not it is by a path, but that it was the main area where the only place the kids would have to go to play in the subdivision and so it was Meridian City Council October 6, 2015 Page 29 of 67 purely a safety reason issue for that. That's -- really, that's the only common area, that's where the kids are going to go hang out and play, so -- but thank you and it sounds like you got a good situation for that. Glad to hear it. Unger: Thank you. De Weerd: Any other questions from Council at this moment? It is a continued public hearing, so I will ask if there is any public comment and, then, any follow-up questions for Council. Thank you, Bob. Unger: Thank you. De Weerd: I did have one person sign up. Dorothy Olsen. Good evening. If you will, please, state your name and address for the record. Olsen: My name is Dorothy Olsen. I live at 2887 Northwest 12th Drive. De Weerd: Thank you. Olsen: Thank you all for letting -- hearing my concerns once again on this project. 12th Street is a very, very small -- 12th Street Drive is a very small subdivision. It's only 25 houses. We are one street long. We are bordered on our east side by Crossfield, which is a much larger development and on our south is a smaller, older residential development. This particular project, Creason Creek, only has two outlets. Both of them feed onto 12th Drive, which is my street. We already act as the connecting street between Linder and Claire and our street 12th Drive and Ustick. The only -- my suggestion -- my request at the last hearing on this project was to have traffic signals at both of those intersections to help us with the traffic issue. However, I have learned that that's not possible. So, now I have come up with another wonderful idea. I'd like for you to consider reducing the density of this project. The -- the residential lot size in Creason Creek is 60 feet wide. 12th Drive's street -- lot width is 70 feet wide. Looking at their map it appears that I'm going to have half of two houses in my backyard and it's going to be typical down 13th Street for Creason Creek, which backs the west side of 12th Drive. So, we have 12 houses on -- in -- on 12th Drive's subdivision and 15 houses will back that because of Creason Creek's lot size. It ought -- it just -- it's just not going to be nice and it's going to really deteriorate the neighborhood I think. The other issue that I have is -- that we have very clay like soil. We have no drainage -- or practically no drainage. We have had several homes in our street -- on our street that have dealt with water issues in their crawl space. That has meant expensive repairs for them and they haven't been able to get relief from the developer, because nobody can tell us whether it's groundwater, drainage, or irrigation. We have at the end of 12th Drive a current catch basin. It's adjacent to the canal -- the irrigation canal that runs there and in irrigation period is always full of water, even though we have done some very extensive repairs last year per ACHD's request. We still had water this year, mosquitoes, and it's not good. I don't know -- I don't know whether it's because the water doesn't drain because of the soil or what the issue is, but I do know that if I -- there is 51 houses behind me with eight common areas Meridian City Council October 6, 2015 Page 30 of 67 that are being irrigated. The problem will probably not get better. In my opinion, it would be better for something to be developed on that site that was more in tune with the rest of the residential development in the area. By that I mean fewer houses. And I would like to make one other comment. The park signs that they are proposing to put up in their park is going to be difficult for them to maintain, but -- and Crossfield has the park, as he stated, and everybody in the neighborhood uses it. It's not -- they don't have it posted. So, I just think if they post that it's going cause even more bad feelings in the neighborhood De Weerd: Thank you. Olsen: Thank you very much. De Weerd: Council, any questions for Mrs. Olsen? Olsen: I do feel a bit like David with a very small sling shot. De Weerd: Yes, please. Brown: For the record Kent Brown. 3161 Springwood Drive. And I have nothing to do with Mr. Unger's project or -- but I did happen to do 12th Avenue and the reason that those lots are wide is that they -- they weren't very deep. There was kind of a sliver in between and city staff and the highway district knew that there would be limitations on the property to the west and encouraged -- insisted -- demanded that we make those connections where we did and I understand the lot widths, but the prices of the homes I would imagine would be very similar. They just have a different product and that different product type provides us with diversity. I live on a half an acre next to Eagle Road and the people that have acre lots aren't really that much different that are next to us and they back up to Woodbridge and they have multiples that were behind them and it's just a part of the neighbors that you have and I know that it's a difficult site and it's a difficult piece. It was for us to design and try to squeeze in the required roads and secondary access and everything else when we did that and I just offer that background as to why those lots are a little wider. So thank you. De Weerd: Thank you, Kent. Can you make any comment about the water level? Brown: No, I can't. I didn't do any of the engineering, but we followed the same practice that -- the City of Meridian has that requirement that the engineer certifies, you know, you're three foot above. My practical experience tells me that generally it has to do with irrigation and we have a tendency to overwater during the irrigation season our individual properties, so -- De Weerd: Okay. Council, any questions? Thank you, Kent. Any other testimony on this item? Okay. Would you like to summarize, Mr. Unger? Unger: For the record Bob Unger again. In our neighborhood meeting the folks where Mrs. Olsen lives they did make us aware of the groundwater issues over there. Now, a Meridian City Council October 6, 2015 Page 31 of 67 portion of our site, which is directly behind them, is a little bit higher and it has been flood irrigated for years and years and years and, of course, with this development we will have pressurized irrigation. It won't be flood irrigation. And I think that's a portion of their problem. Now, that area does have -- historically does have higher groundwater, you know, and we will have to deal with that drainage ourselves. But we feel that we can -- you know, by eliminating the flood irrigation that we can certainly help with their issues and also a point, 12th Avenue, all of the drainage for the streets and everything on 12th in that area are all drainage swales. So, they are -- you know, they are not underground, they are not -- you know, they are a standard drainage swale. There is no -- ACHD no longer allows, but -- so that might be a problem there also. And as far as the density -- and I appreciate Kent Brown's comment. I think our densities are equal to the surrounding area and the only reason I even brought up the park sign was that that was a question that was brought up. You know, I like said, we are not going to chase people off from using our park, as long as they don't abuse it. But people who come from outside our development to use our park also need to understand that our association maintains -- takes care of that park. If people don't abuse it, you know, then, I don't think -- I don't think it's going to be an issue. Okay? And I think that's everything I have to say and I would -- I would ask for your approval this evening. De Weerd: Any follow-up questions for Mr. Unger? Bird: I have none. De Weerd: I guess I would just quote someone I respect and I haven't heard him say this for a little while -- is we are not in a hurry and my concern is the -- the corner lot and how all of this interacts with that and how the ingress and egress will work with it and I guess additionally too often -- in particular I believe that corner is mixed use? Beach: That's correct. De Weerd: When we have the mixed use come in no one wants it in their backyard and it's nice to see these kind of corners in its full picture. I just -- I'm concerned about the traffic and how they get in and out and any burden it puts on any one particular subdivision, but I just think it should wait for the corner piece to go in and -- my thoughts. And I wanted to say it while you were still standing here. Unger: Okay. And I appreciate that, Madam Mayor. De Weerd: Thank you. Unger: And I wish -- I wish I knew how that was going to develop. I truly do. But I don't -- I don't believe that our project is going to adversely affect what can happen on that property and I think our accesses that we currently have, particularly the one to the northeast, that would go right out to Ustick, I think that's the bulk of where our traffic is going to go and certainly we are not going to have 51 houses built within the first year. In fact, the way things are going right now we probably won't have more than ten in the first Meridian City Council October 6, 2015 Page 32 of 67 year of the development itself. I would like one other correction just because I know a staff member from ACHD spoke at the last hearing and said that the Ustick improvements were not slated until 2017. I went back to ACHD, I took with -- spoke with Stacy Yarrington -- in fact, it's in our staff report from ACHD. Those improvements are to commence fall of 2016. So, that -- that will help the traffic. As we grow the traffic -- the road will be wider, it should help the traffic in that area. So -- so thank you very much. I appreciate your time. Rountree: Madam Mayor? Bob, before you go. De Weerd: Mr. Rountree. Rountree: I want to take you back to the last hearing and -- on the subject of the Creason Lateral and the tiling and the discussion about you're not going to fence, you couldn't fence, safety. Your comment was it looks like we are going to have to tile the Creason Canal and my boss is going to kill me. Apparently your prediction didn't come true. Unger: So am I. Rountree: But I'm looking at -- at that and I know you contemplate a pedestrian bridge. I don't know if you contemplated a vehicular bridge to open up those parcels on the other side of the Creason for development. There is an intersection on the other side of the street in that vicinity that you -- it appears that you could -- and I'm not going to engineer and whatnot your site, but it appears to me that that's a possibility. If there was a willingness to tile the Creason Lateral it seems to me there might have been a willingness to look at the expense of a vehicular bridge in that particular area and get access to Linder as well and have three points of access to your development. Was that ever contemplated? Unger: Madam Mayor, Mr. Rountree, I'm not quite -- I'm not quite sure I understand. Rountree: Right there. You're probably not -- are you seeing your arrow on -- Unger: Okay. Right there. Okay. Beside the expense the -- the time in which it would take us to do -- put a bridge in the floodway to do all the appropriate studies, it would take us at least a year, maybe two years to do something like that. Rountree: I expect you would have to tile it as well. Unger: I'm sorry? Rountree: You're going to have to do that if you -- if you have contemplated tiling it you're going to have to do the same thing for a pedestrian bridge. Unger: Well, Madam Mayor, Mr. Rountree, I mean we weren't -- we are not talking about tiling the Five Mile Creek. Meridian City Council October 6, 2015 Page 33 of 67 Rountree: I know. But you agreed to do it last week. Unger: Right. Rountree: Or two weeks ago. Unger: Well -- and that was based upon the fact that we were told that -- that we could not put a fence in the floodway. But as we found out from the flood plain administrator, that is an option and we can tile -- we could fence either side of the Creason Lateral within the floodway. Rountree: I'm just speaking to your testimony, sir. Unger: Yes, sir. And I'm clarifying my testimony based upon what I was being told by staff at that time and now I understand that that's not quite correct, so -- Rountree: Thank you. De Weerd: Okay. Any other questions at this -- from Council? Bird: I have none. De Weerd: Okay. Thank you. Unger: Thank you. De Weerd: Okay. Council, any further information needed from staff or the applicant? If not I would entertain a motion to close the public hearing. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we close the public hearing on AZ 15-009 and PP 15-014. Bird: Second. De Weerd: I have a motion and a second to close the public hearings on Item 8-A and B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council October 6, 2015 Page 34 of 67 Milam: I move that we approve AZ 15-009 with all staff, applicant, and public testimony. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-A. Any discussion from Council? Madam Clerk. Roll Call: Rountree, nay; Bird, yea; Zaremba, yea; Borton, abstain; Milam, yea; Cavener, absent. De Weerd: Three ayes. Motion passes. MOTION CARRIED: THREE AYES. ONE NAY. ONE ABSTAIN. ONE ABSENT. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve PP 15-014 with all staff, applicant, and public testimony. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-B. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Rountree, nay; Bird, yea; Zaremba, yea; Borton, abstain; Milam, yea; Cavener, absent. De Weerd: Okay. The ayes have it. MOTION CARRIED: THREE AYES. ONE NAY. ONE ABSTAIN. ONE ABSENT. C. Public Hearing: PP 15-015 Trilogy Subdivision by Conger Management Group Located Southeast Corner of W. Chinden Boulevard and N. Black Cat Road Request: Preliminary Plat Approval Consisting of One Hundred Forty-Four (144) Single Family Residential Lots and Nine (9) Common Lots on Approximately 28.16 Acres in the R-8 Zoning District D. Public Hearing: MDA 15-009 Trilogy Subdivision by Conger Management Group Located Southeast Corner of W. Chinden Boulevard and N. Black Cat Road Request: Modify the Recorded Development Agreement (Inst. # 107025553) for the purpose of updating certain sections of the DA to reflect the design changes to the proposed Trilogy Subdivision Meridian City Council October 6, 2015 Page 35 of 67 De Weerd: Items 8-C and D are public hearings on PP 15-015 and MDA 15-009. I will open these two public hearings with staff comments. Beach: This is another preliminary plat. This particular property was annexed into the city in 2006 and at the same time a preliminary plat was also applied for with 145 single family residential lots, 12 common lots, four private street lots and one future right of way lot on 28.17 acres of land. Today the applicant is bringing forth a preliminary plat for 144 single family lots, nine common lots, removing the private streets on the above-mentioned 28.17 acres of land. This particular project is on -- near the corner of West Chinden and North Black Cat, as you see here on the zoning and the aerial. It is currently zoned R-8. The applicant has provided this proposed preliminary plat. The -- there are three common drives that service 11 lots. The applicant is required to provide a 35 foot landscape buffer adjacent to Chinden on the -- on the north side, as well as approximately 55 additional feet that will be improved with grass until ITD purchases it for the widening of Chinden at some future date. There is 10.2 percent of the property or 2.86 acres of open space. The applicant is proposing a pedestrian pathway, a play structure, and -- as the amenities for the project. The open space is shown here on this graphic. These are the proposed elevations provided by the applicant and, then, as mentioned D is a modification to the development agreement. They are reducing the number of single family lots and altering the number of common lots as well for the -- for the project, which is why they are bringing this forward. There is a large block length -- as you see -- if I'm able to -- I can't remember the name of the road there, but those two intersections in the middle here noted staff is requiring that they do something similar to the Creason Creek project that you just heard. There will be bulb outs provided at these intersections. Staff has already coordinated with ACHD and that's one of their conditions of approval as well and the proposed development agreement conditions are here. At the Planning and Zoning Commission there was a large amount of discussion on the sidewalk on Ramblin Court, which is -- going back to the aerial. This county subdivision here. ACHD in their staff report is requiring that the applicant provide sidewalk from the proposed Exeter Road here adjacent to their property along Ramblin Court here. Stand for any questions you may have on the project. De Weerd: Council, any questions? Bird: I have none. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Two quick ones. One with regard to the DA. Did we change the -- the time frame with which -- within which we wanted them signed and returned? Beach: We did not. They applied prior to it expiring. Meridian City Council October 6, 2015 Page 36 of 67 Borton: But I mean going forward, though, did we -- maybe I'm remembering wrong. I thought we were discussing having them -- or requiring them to be signed and returned quicker than two years. No? Zaremba: Yeah. I thought we went to six months. Hood: Madam Mayor, Councilman Borton, that is one of the things that a couple weeks ago Bill Parsons presented. It's in the UDC text amendments that we are currently working on. That has not been through the process yet. We -- we did the workshop with you to make sure everything seemed to be in order, so you probably won't see that for another couple of months. What we are trying to -- that will be done before the end of the year, but, no, right now it's I believe two years; right? We are looking at making that six months, but that's not official yet. Borton: Madam Mayor. De Weerd: Uh-huh. Borton: If we were contemplating adjusting lot sizes to account for future changes to -- in this, would it make sense to also account for that DA return being quicker? I just noticed that in the material. Hood: I mean -- Madam Mayor. I mean that's something you could do. The development agreement is open if you want to make that a provision saying this needs to be returned within six months. You could do that, so -- I mean that's at your discretion. Current code right now allows two years. If you want to shorten that down to whatever -- Borton: Thank you. De Weerd: Thank you, Caleb. Borton: Last question -- and maybe it's for the applicant. De Weerd: Can you bring your microphone closer? Borton: Sorry. The -- the ACHD staff report made reference back in '06 there was a requirement of a right turn lane on Black Cat, which was removed now, which was shocking, but I couldn't -- from the report -- I didn't see the details of the traffic study. I couldn't figure out why that was removed. Beach: There had been -- Madam Mayor, Members of the Council, there had been some discussion with the applicant and ACHD over the last couple of weeks on that specific issue and ACHD consented to remove that condition. The applicant can touch a little more on that, but that's -- I was cc'd on those e-mails, so I saw the discussion, but maybe not the full history, so -- Meridian City Council October 6, 2015 Page 37 of 67 Borton: Okay. Thank you. De Weerd: Okay. Any other questions at this point? Good evening. If you will, please, state your name and address for the record. Conger: Good evening. Madam Mayor, Members of the Council, Jim Conger, 4824 West Fairview Avenue. Thanks again for letting us in front of you tonight and as indicated we are bringing back a previously approved project. During the great recession we went through I think about all the renewals we could go through before we just finally let it lapse. As Mr. Beach indicated, we have got a project with over -- just a little bit under three acres of open space, two parks, a pond amenity, walking path, an active child play area, just to name a few of the heavy amenities or the bigger amenities. This project was approved in January of '06 before expiring. The plat in front of you today does have a little bit less density, one lot or two lots. We had the same larger lots that we had before in the previous -- Josh, is it possible to put up my program? Beach: Absolutely. Conger: Sorry, I thought that was. It was about my starting slide. It looked awful familiar. The previous plat, as you can see in front of you, has the same larger lots that were against the neighbors to the south. It's got the exact same circulation pattern. We did go away from -- just go back and forth, you can see we went away from some of the private streets and some of the private alleys in the previous approval, but block length, street patterns, all of that is -- is identical to before in the previous approval. I think as it relates to street connectivity, which you will hear tonight from -- from some of the neighbors and we heard in our neighborhood meetings as well, I think it's helpful to see the whole project in its context. We -- we kind of get surrounded by Bainbridge. Our pedestrian flows will be through Bainbridge and eventually to the signalized light at the Tree Farm that is constructed. We have requirements eventually, you know, through part -- you know, probably the halfway point of this project to have secondary connection. We also go out through Bainbridge back to Black Cat to one of their phases that aren't quite constructed yet. Our utilities as far as sewer, water, all of that is in Black Cat, so this project, first phase, has to be on the west side. That's where all the utilities are coming through and, then, it will grow to the east. Ultimately there will be connectivity to Black Cat, but the signalized entrance to Tree Farm would be probably a majority of the traffic specifically if they were trying to migrate west towards Nampa on Chinden. I think -- I think -- there is only two issues that we have with the staff report and there is really only one issue and it's really not the staff report. There, as Mr. Beach indicated, ACHD is requiring the 120 foot of sidewalk on -- you know, it is our frontage. We have very little frontage on -- on our main road here -- where am I? Sorry. I apologize. What my point is with this is we have 120 foot of sidewalk as indicated here on the -- the exhibit. What -- what came out of -- and I guess what we -- we left this up to Planning and Zoning Commission and the neighbors. If that sidewalk is wanted, then, we -- and that's the pleasure of the Council, we certainly aren't going to dispute that. What I wanted to show you is the street program in the bottom right corner. It is -- the trees and turf that you see will all disappear and if the sidewalk is more important than the vegetative landscape, it -- we share this entry as Meridian City Council October 6, 2015 Page 38 of 67 well. We would prefer to maintain the trees. If this sidewalk, which really would go to nowhere and I think that's why I showed the previous slide, you can see the cul-de-sac. Our sidewalk would end here. This cul-de-sac -- with the significant structures and homes that are on the east side of this, this roadway is not going to continue on. And, again, we are bringing that up. We heard that in the neighborhood meeting about trees. If the neighbors want that 120 foot sidewalk we are -- we will have to remove the trees that are in the right of way. So, there is the legal right to remove the trees and put in the sidewalk. I will leave that completely up to Council and we will do either way. I think the original staff report or -- that came out from staff, we were fine with. It had this 120 foot sidewalk in it and, again, we will go either way on that. What came out of the Planning and Zoning Commission, however -- and Josh didn't indicate it tonight, so I might be reading the conditions of approval wrong. It seems like I came out of that condition with a -- or out of that P&Z Commission hearing with an off-site requirement to put in the 220 feet that doesn't abut our property out to Black Cat. We are not typically used to -- to getting -- when we have a development agreement we have a -- we are already annexed and, obviously, we are not asking to be annexed. We are not used to -- to seeing these off-site conditions put against a developer. So, I think the only thing I'm asking tonight if the conditions that are written require this 220 foot, we ask that be removed. That 220 foot of sidewalk will have its chance and its day when that front corner property develops. And the 220 is not an ACHD commission. The 120 foot is an ACHD commission condition for -- for the sidewalk. The 220 is not in the ACHD staff report. Touching base on just a couple other clean-up items. The development agreement signed within six months, if that's a condition of approval that's put on this project that is no -- no problem whatsoever. I am also on that committee that -- lucky enough to be on the committee to work with your staff on that UDC modification and that is certainly a good condition. So, we have got no issue with that. As far as -- I think I heard our lot sizes are smaller in anticipation of the new UDC changes. Our lot sizes are no different. The 40 foot lots were the same as they were in 2006. So, those lot sizes have not got smaller. We have R-8 zoning we are nowhere -- nowhere near five units per acre, as opposed to the eight units that the zoning is set forth in this area. The final item I guess I would -- would come to is -- is the traffic study and the right turn lane. Some of the original traffic studies that were done back in 2006 that took into account different projects and different densities of forecast, that is all just changed with what's out there. ACHD let us provide them a new traffic study that warrants aren't there for turn lanes, so what they did is -- with this being a new project that their staff report simply does not require that. So, those have been removed and -- by the highway district in their staff report. In closing I think it's just -- the condition 1.1.1B that might have tagged on the off-site requirements of the Commission hearing, which, again, I don't know without it being an annexation we are not typically used to seeing off-site requirements, so I guess we would respectfully request that the larger sidewalk be removed. With that I would definitely stand for any questions. De Weerd: Thank you, Jim. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council October 6, 2015 Page 39 of 67 Zaremba: When this originally came through I was on the Planning and Zoning Commission at that point and I remember a lengthy discussion about what you were referring as the 220 feet. That was required at the time, as I recall. There was some discussion about whether the other 120 ought to be included and what I -- what I don't remember is whether that was part of the annexation or whether it was in the original DA. But that 220 feet is not a new subject. That was discussed and included at the time by my recollection. Actually, let me ask Mr. Nary a question if I can. Are we saying that the original DA was not signed? Is that different than the preliminary plat not being recorded? Nary: Madam Mayor, Members of the Council, it is different and we have different time periods for those and there are extensions that are required for either one of them and this one did have extensions on the development agreement, but not the preliminary plat. That's why there is a new plat in front of you. Zaremba: So, it would be my recollection that the original DA included that 220 feet and is that what's being modified at this point? Beach: That is correct. So, Members of the Council, Madam Mayor. So, in the original development agreement it reads: Provide a utility -- let's see. Provide a utility easement to the Janicek property to the northeast. Make additional landscape improvements and construct a five foot wide sidewalk to the north side of Ramblin Court from North Exeter Avenue to North Black Cat Road and enter into a license agreement for said improvements with ACHD and that a more formal entry be made to the entrance of this development. The modifications to that strike out -- make additional landscape improvements, but we are still proposing that they construct that five foot sidewalk on the north side of Ramblin Court from North Exeter to Black Cat. Does that make sense? Zaremba: I think so. Beach: And that is also what the Planning and Zoning recommended at the -- at our previous meeting on this project. Zaremba: So, I guess my question to you is this is not a new subject, it's a requirement that you knew about? Conger: Madam Mayor, Council Member Zaremba, I guess I'm still confused on that, because that's not what that says. You're saying that condition says we tie out to Black Cat? Because one of the big issues was -- it's very clear that this had to be reformalized and west side had to get a sidewalk, which we did not have a west side sidewalk on that. But that -- I guess if -- if the development agreement states we will connect to Black Cat, we will connect to Black Cat and we will remove all the landscaping. I don't -- it keeps talking about north sidewalks. I don't -- I guess I'm still confused on it, but we could take that. If it reads to Black Cat we will build it to Black Cat, but I don't -- we don't think it reads that and I think that was the confusion at Planning and Zoning as well. It didn't say Meridian City Council October 6, 2015 Page 40 of 67 west of Black Cat is what I'm saying. But if that's the pleasure we will -- we are not here to block sidewalks. De Weerd: Any further questions, Council? Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On the -- are we there? Beach: Oh. Sorry. Rountree: On the 120 feet of sidewalk to the -- to the east -- yeah. The 120 feet, you said something about -- if you built that you would have to move the landscaping in the right of way. Is that right of way or is that part of a lot owned by the HOA? Conger: Madam Mayor, Council Member Rountree, that -- the right of way is my red -- red line here. It is all ACHD public right of way from edge to edge. There is not a common lot. There is an agreement -- a typical license agreement, which is very normal for a lot of our common areas, which we all think is common, but they are in the right of way. So, that is not a landscaped common area owned by the HOA. It functions like that, however. De Weerd: Who installed it then? Conger: Madam Mayor, that would have been -- from the previous developer of -- of the neighborhood, which is -- which you can see to the south here when they put in that cul- de-sac road they obtained license agreements with the highway district and that was their landscape buffer. De Weerd: So, they put their landscape buffer in the right of way? Conger: Correct. That is very much correct and that's what you're looking at in this photo in the bottom right-hand corner. Rountree: Interesting. De Weerd: Okay. Any other questions for the applicant at this time? Okay. Thank you. Conger: Thank you all very much. De Weerd: I have several people that signed up. If you would like to provide testimony when I call your name, please, come forward. Don Brown signed up against. Good evening. If you will, please, state your name and address for the record. Meridian City Council October 6, 2015 Page 41 of 67 Brown: It's Don Brown. Address is 4595 West Ramblin Court. De Weerd: Thank you. Brown: Thank you, Madam Mayor and Members of the Council. A couple of things I wanted to correct before we got too far into that is that -- that buffer, the landscaping was installed by the neighbors. It was a borrow pit and we went ahead and put all the -- the trees in, the sod in. We are actually watering it through -- we are going through the culvert at the end of the Ramblin Court with water from the house on the end to maintain it. We have taken it upon ourselves to mow it and make it attractive for our subdivision, rather than just be a borrow pit. The other topic I think that came up -- and I don't know how to work this too well, but this -- this area right there I think at Planning and Zoning the discussion was surrounding the ability of the kids that are going to be living within that subdivision to go out to catch the bus at Ramblin Court and Black Cat. If they do not have that ability, if there is no sidewalk there, they are going to be standing in the middle of the street. While construction is going on the main entrance to this is right here and I'm looking at that -- I don't know if you can pull up the -- the whole plat of the subdivision, but, basically, that's going to be the main entrance. I would submit that even if there is some restrictions on how many houses they could put in to start the subdivision, we are all creatures of habit. If everybody is using that way out, we are going to have some big issues as far as traffic backup. You're going -- you're pulling out from Ramblin Court onto Black Cat, which is a 50 mile an hour road, subsequently pulling out onto Chinden Boulevard, which is a 55 mile an hour road. It's going to create some very unsafe situations, plus you're going to have -- since this will be the initial egress for the subdivision, it's going to create some huge problems as the children that do live on that street try to get down to get to the bus. You're going to have cement trucks, you're going to have dump trucks, you're going to have everything else coming in there, so it is a -- in my opinion a huge safety hazard and, basically, you won't have these -- these stub roads back here and up here will not be developed from my understanding until Bainbridge is further developed. Based on a traffic count from ACHD, which was July of this year, there were just short -- a little over -- a little less than 17,500 car passes just west of the Black Cat and Chinden Road area. If you back that up and, then, you back the additional traffic up, once you figure with that many houses you're going to have at least two cars per. I have got a high school senior that drives multiple trips in and out every day, you're going to create a very dangerous situation based solely on traffic flow. So, I would like to ask you to reconsider the entrance to the subdivision. Thank you for your time. Appreciate it. De Weerd: Thank you. So, Phil -- I'm sorry, I can't read your last name. But signed up against. Would you like to provide some testimony? Okay. Okay. But tell me what your last name is. Haueter? Thank you. Sorry. I wasn't even going to attempt that one. Okay. Kirsten Chidester. Chidester: Close. De Weerd: Signed up against. Thank you for being here. If you will, please, state your name and address for the record. Meridian City Council October 6, 2015 Page 42 of 67 Chidester: Thank you, Madam Mayor. My name is Kirsten Chidester. I live on 4685 West Ramblin Court. And my concern is strictly a matter of safety with the access from our street into that subdivision I feel like it's unnecessary. There is access to Bainbridge just three-quarters of a -- I mean just a quarter of a mile south of there that is lined with back fences where our -- our road is -- you're going in through our front yard and where our kids are. And that -- that is my main concern. It's just -- I feel it's unnecessary to have an additional access, especially with the proximity to Black Cat there, the traffic backs up, it's one more thing to add to the traffic there, but my main concern is safety on that road when I don't feel it's necessary. Thank you. De Weerd: Thank you. Merlinda Haueter was also signed up against. Thank you for being here. If you will, please, state your name and address for the record. Haueter: I'm short, so I'm going to move this way down. Merlinda Haueter. 6280 North Black Cat Road. De Weerd: Thank you. Haueter: Madam Mayor, Councilmen, we live on the corner of Black Cat and Chinden and I wasn't going to say anything, because the road butts the back of our property, so the traffic is not going to bother us as far as coming up and down Ramblin Court, but as I'm sitting here listening I have seen traffic reports, but I also see on a daily basis the traffic coming down Black Cat and turning onto Chinden and I have to tell you that there are times when we can't even get in and out of our driveway at this point between 4:30 and 6:00 o'clock at night turning into our driveway is a hazard in traffic, even with a blinker on, completely stopped, coming from either way, because it's close enough to Black Cat that it's -- there is a lot of traffic, but it backs up so far at this point, but the idea of all the cars coming out from -- from the neighborhood right off of Ramblin, I don't -- we are going to have to just either be in our home in our driveway or out of our driveway for that hour and a half if we want to come and go and it's already getting that way. It's already way backed up. So, you know, I'm -- not a huge complaint. I know the neighborhood has to go in and we have been prepared for this for a lot of years, because we have lived there for over 21 years. So, I'm not arguing the point that the neighborhood is going in, just that the traffic coming out on Ramblin -- I don't know where the traffic reports have come from that Conger Management has, but I know that I have seen traffic out my front door every day and it's already a problem without any homes coming out there. Thank you. De Weerd: Thank you. This is a public hearing. Is there anyone else who would like to provide testimony on this item? Council, any questions? Do you need -- do you have any questions from Justin? Rountree: Sure. Milam: Yeah. Meridian City Council October 6, 2015 Page 43 of 67 Lucas: Good Evening, Madam Mayor, Members of the Council. Justin Lucas representing Ada County Highway District. 3775 Adams Street, Garden City, Idaho. And just before I move into any questions, Mrs. Haueter is the best kindergarten teacher in the state of Idaho. She taught my daughter -- my most difficult child and did a great job. I don't know if she remembers. Her name is Samantha. But I just wanted to recognize her. She may not like any of my responses tonight, but I just wanted to make sure that she knew that in public I could say that. So, I'm ready now. De Weerd: Well, thank you. Maybe that just softens the blow, if that's the intent. Council, questions for Justin? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I don't know if you -- if you can answer. Did some -- did the warrant requirements change from '06 to now to negate the right turn lane? Lucas: So, you know, the ACHD staff report, which I will reference and should be in your packet, should be -- should discuss most of those things. We have seen a significant change in the -- in the long-term forecast that we -- we have for this area and so oftentimes when those long-term forecasts change it can change some of the -- the requirements for a right-in, right-out, or whatever it may be. Also with Bainbridge and those other connections anticipated, that changes some of those -- those issues. But the ACHD staff looks at this very carefully and if it's not warranted per the analysis it's not required typically. So, I can't get much more technical than that. De Weerd: Any other questions from Council? Bird: I have none. Rountree: What's -- Madam Mayor. What's the -- ACHD's position on sidewalks and landscaping in the right of way? Lucas: Madam Mayor, Councilman Rountree, it's not atypical for there to be landscaping within our right of way with -- with some kind of license agreement. We have that agreement in parkways and other things. Oftentimes those are within ACHD right of way and through the development process they are -- they are done that way. As long as it's being maintained and not creating a drainage issue, it's not something ACHD frowns upon. This is a unique -- obviously a unique situation where this section of right of way -- I believe it's Ramblin Court -- it's public right of way, it's a public street, and it abuts an adjacent property who wants to take access from that. That happens all the time and this is not an atypical situation from that perspective. Meridian City Council October 6, 2015 Page 44 of 67 Rountree: And in this particular instance you have an agreement and, if so, what does that agreement say with respect to removal of landscaping, if at such time the road is widened or improved? Lucas: Madam Mayor, Councilman Rountree, I cannot confirm that there is an agreement in place for this landscaping. I don't have that available to me right now. I can certainly look into that. The neighbors might be able to speak to that more directly than me, but those license agreements are -- are usually written where they are not exclusive use, I mean this is -- if, indeed, an adjacent property needs access to public right of way, that landscaping can be removed without -- by the adjacent property owner. I think Mr. Conger mentioned that and that is a correct statement and that does happen every now and then where this is a landscape strip that someone puts in for esthetic purposes, the neighbor wants to build a driveway and access a public street and that can be removed. Rountree: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To that point in this project the developer is not the adjacent property owner for this -- the 220 feet. Lucas: Oh. Okay. So, if we are talking about the -- yes. If we are talking about building a sidewalk for 220 feet -- I was focusing on the entryway right there. De Weerd: The 120. Lucas: The 120. Borton: Okay. Lucas; The 220 -- if, indeed, that was a condition from the annexation and that was a requirement placed in the development agreement, ACHD will help facilitate the construction of that sidewalk, depending on the right of way that's there. If there is plenty of right of way anyone can come in and say I want to construct sidewalk within this right of way and if it meets our standards and it was a condition by the City of Meridian, ACHD would support that. Borton: Okay. De Weerd: Okay. Any further questions for Justin? Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council October 6, 2015 Page 45 of 67 Nary: I just wanted to clarify. I misspoke earlier on the question regarding the original development agreement. So, there is an original signed development agreement. The staff recommendation to you is for a new development agreement which has that two year ordinance provision allowing for signature. I think what Josh's recommendation was -- or Caleb's was that if this Council's direction is to change that requirement to six months, we can change that. Basically I think we will have to -- since we don't have an ordinance that supports that, we would have to create language that basically says this agreement is void if it's not -- if it's not signed within six months of the Council's final approval, because, obviously, they are not abiding -- they don't abide by it until they sign it. So, that -- we can certainly add that. But I wanted to clarify there was an existing one, they are asking for a new development agreement in this case, because there are some changes to the plat and the previous plat had expired and, again, that condition, as Josh read, was -- was where the 220 foot requirement came for that access to Black Cat, so -- Zaremba: Madam Mayor? De Weerd: Uh-huh. Zaremba: Along with that subject, then, if the original DA was signed and the property was therefore annexed, then, absent the modification to the DA, the 220 foot requirement exists. Nary: Madam Mayor, Members of the Council, Council Member Zaremba, that's correct. Yes. Zaremba: Okay. And it's okay with ACHD if the sidewalk goes in there. Lucas: Certainly. De Weerd: Good answer. I think you will even have your kindergarten -- your former kindergarten teacher appreciate that answer. I don't see any further questions. Lucas: Thank you. De Weerd: Thank you, Justin. Okay. Would the applicant like to wrap -- make wrap up remarks? Conger: Quick wrap up, Madam Mayor. Jim Conger. De Weerd: Oh, Jim, you know, I actually have a question for Don Brown real quick. Conger: Yeah. That's fine. De Weerd: And thought I better ask it before you wrapped up. So -- if you will just state your name again. Meridian City Council October 6, 2015 Page 46 of 67 Brown: Oh. Don Brown. De Weerd: Thank you. So, Don, you mentioned that the landscape island, the 120 feet that has been an item of discussion, is something that the subdivision is maintaining to keep it esthetically nice. Would -- Brown: It's actually the -- we are maintaining the whole length clear out to Black Cat. So, it's not only the 120, but it's the 220. De Weerd: Oh. Okay. So, there is landscaping on the other side as well. Brown: There is landscaping all the way down the road. De Weerd: Okay. So, you mentioned in your testimony certainly a desire to have the sidewalk from the entrance to Black Cat should this subdivision be approved. Brown: I think that is the most rational approach, yeah, because I think it's totally a safety issue for the kids that will be coming from that subdivision. De Weerd: But the improvement from -- for the 120 feet, then, on the east side of the subdivision entrance, do you have an opinion on that? Do you -- Brown: In speaking with the neighbors it's -- it's -- it's not a rational sidewalk, because there is no houses over there. Everybody that would be using the street to go -- any of the kids that would be going to Black Cat and Chinden, basically, will either have to cross the street to go to the 220 feet of walk, but they will be walking down Ramblin Court. They will be in the street, because all the houses are on that side of the street. De Weerd: Thank you for that clarification. Brown: Okay. De Weerd: I appreciate that. Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Can I ask a quick question of Mr. Nary to that comment? If -- if ACHD makes a recommendation to have in this instance 120 feet of sidewalk going to the east and if it's the Council's prerogative that that may or may not be -- if it's not necessary, can it be approved without that requirement or that piece of sidewalk? Meridian City Council October 6, 2015 Page 47 of 67 Nary: Madam Mayor, Members of the Council, Council Member Borton, you can approve it without that requirement. If ACHD still will require for signature on the plat, they could still require it anyway. Borton: So, they are stuck. Nary: Right. Borton: Yeah. De Weerd: But, then, you're stuck at that point and you have indicated your preference. Borton: Okay. De Weerd: Okay. Mr. Conger. Conger: Madam Mayor, Members of the Council, for the record Jim Conger. Touching base, obviously, I'm not going to even try to attempt to -- to do better than what Justin did on the traffic, so I think what -- what we can offer in the street connectivity is the best is, ironically enough -- and it doesn't feel like it to the neighbors -- we are ultimately the solution for Black Cat for these neighbors and for our own neighbors. We will have a phase one, possibly a phase one and a half before we need to connect out to the other connectivity of not only for the vehicles, but for the pedestrians. So, ultimately, we are not at full build out bringing everybody on Rambling Court to Black Cat, we will have connectivity to the east and we will have connectivity to the south and will be a solution for them to leave for school or leave for work, as opposed to sitting -- if they are and we don't discount that they are sitting at times at Black Cat for sure. I think second from traffic studies, ACHD, we worked hand in hand. Our traffic studies, of course, are third-parties that they get submitted to ACHD for their review and, then, they go through their traffic engineers. There is -- there is no -- no hands-on with us in the middle of any of that, of course. I think in the final item as far as sidewalks and safety, if it's the pleasure of the Council for the others, we are fine with whatever sidewalks you guys say, we will, without a doubt, happily put them in. So, if you don't do the shorter one we will go back to ACHD and work and see if we can go to the Commission and -- and get rid of that. That's what we kind of said to the neighbors before. If you want both sidewalks we will put in both sidewalks. It's very simple on that matter. Stand for any further questions. De Weerd: Okay. Council? Mrs. Milam. Milam: Thank you. Jim, can you -- on the screen maybe describe or circle what you would consider phase one and a time frame to when the ingress and egress would be created? Conger: You bet. Madam Mayor, Council Member Milam, phase one -- phase one would have to come in and get this loop road. So, this area is basically the phase one. We start Meridian City Council October 6, 2015 Page 48 of 67 needing domestic water and, you know, secondary services and a lot of other things that come with smart planning and smart neighborhoods, so, you know, this -- this phase one -- it takes six months to get through this process, another six months to produce lots that are even buildable by a builder and, then, the builder team would take four months to six months to move through the first ten homes, let alone 40 or whatever would be in that phase. So, we would be sitting here two years from now before we would be talking about second phases. I know, you know, this phase is, you know, not far off the docket. I can't quite commit for the other developer when they will come, but at some point. This is under a different partnership with that, so at some point they will want to be developing lots. But we are a year and a half and it might stretch as far as two years in the first phase before there is look at adding more homeowners per se, which would be future phases. Milam: Madam Mayor? To clarify, Jim, when you -- as soon as you start the second phase you will also have an additional road to take those homeowners out the other end? Conger: Madam Mayor, Council Member Milam, yeah, we have more stringent than the Planning and Zoning. We have the fire restrictions of secondary accesses. So, we will have to start addressing fire accesses to the fire code and Perry before we can get into future phrases for sure. Milam: Thank you. De Weerd: Okay. Mr. Bird. Bird: Jim, just for my curiosity, what is -- what is the width on your lots there? Fifty feet? I know -- I know the ones that back up is larger, but -- or probably R-4s, but -- Conger: Yeah. Bird: What are the other ones? Conger: Council Member Bird, the -- the core around the park area are the 40 footers in that R-8 zone. They were 40 footers in 2006 as far as widths go. Bird: Yeah. Conger: That makes an attached product in the new UDC. If that new UDC gets approved we are able to do some detached products, which I think would help values and the housing values. So, we left the lots the same. We are prepared to -- to develop on those and provide a product either way, whether the UDC is approved or not. Yes, we get into some 50s and 60s, of course. These are, you know, all 80 footers adjacent to the neighbors. These radiate a little bit wider in the 50s and 60s. The 40s mainly stayed in the center core near the park amenity -- Bird: Down the east end -- and down the east side? Meridian City Council October 6, 2015 Page 49 of 67 Conger: Down the east end those are all closer to 50. Those aren't the 40 foot widths. Bird: Okay. Thank you. Conger: A little under five units per acre in an R-8 zoning and the comp plan that's definitely asking for medium density. De Weerd: What is the phasing plan for that? How many homes in the first phase before you need the connection to the east and to the south? Conger: Madam Mayor, it is a good question and it continued on from Council Member Milam's. The first phase has -- I'm going to go off approximately 48 lots, something of that nature, and that's I think approximately six more lots than we are allowed to build on. So, our first phase will actually have about six lots that are nonbuildable, if my memory serves me right. That gets us into the maximum amount of the fire code, which is still the most restrictive covenant we have and, really, the most restrictive ordinance in the city of Meridian. So, we will have to start having secondary accesses due to fire code before we need them for domestic water and everything of that nature. Again, with -- with ACHD -- and Justin can talk to it better than I do. I mean is it public right of way? Public right of way road is local standards -- local standard roads with 44 homes, plus the -- the handful that's on it is still far -- and, again, is below the, you know, thresholds of any local roadway and traffic pattern. De Weerd: So -- and I don't recall if Justin mentioned this, but the right-hand -- the right turn lane, will that be needed once you build additional phases? Conger: Madam Mayor, our -- the only way we could evaluate a traffic study that ACHD would review would be to -- to put a study on our entire build out. So, our entire build out was based -- and did not hit the thresholds that require turn lanes in Black Cat. So, we do not -- for our entire project will not have a requirement for turn lanes in Black Cat. De Weerd: Wow. That's crazy. Just saying. Okay. Any further questions from Council? Conger: Thank you. De Weerd: Thank you. Okay. Council, any further information needed from staff or the applicant? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If none, I would move that we close the public hearing on Items 8-C and 8-D, PP 15-015 and MDA 15-009. Zaremba: Second. Meridian City Council October 6, 2015 Page 50 of 67 De Weerd: I have a motion and a second to close the public hearings on Items 8-C and D. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve Item -- take them one at a time. Item 8-C, PP 15-015, preliminary plat, to include the sidewalks along the north side of Ramblin Court. I know it's going to be referenced in the DA. I don't know if it needs to be referenced on the plat as well, but to include that sidewalk requirement. Bird: I will second it. De Weerd: Okay. I have a motion to approve Item 8-C. Would that mean the sidewalk stubbed to the east as well? The 120 feet? Borton: Madam Mayor, if that's a portion of the preliminary plat I -- I might have presumed it was within the DA, so -- so, the 220 to the west, yes. The 120 to the east no. Not to have it hang up the particular project, but I'm not supportive of the 120 going to the east. So, if that condition is removed -- is that reference on the plat or both the plat and the DA? Beach: The reference to the 120 to the east is a condition of approval from ACHD that they install that sidewalk. We do not have that requirement in our staff report. Borton: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I believe the 220 to the west is part of the MDA right now, so -- or for the DA. So, by denying the DA you leave the 120 in, that isn't part of the preliminary plat. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If the motion wasn't clear, for the preliminary plat approval would include the 220 to the west. Meridian City Council October 6, 2015 Page 51 of 67 Bird: It's already taken care of in the DA. Borton: Well, the reason -- and the reason I'm saying that is the applicant made some comments that perhaps the language might not have been crystal clear and I don't want the applicant to think that it's not required. They have been kind acknowledging they will do, so we will be clear for the record, both with the plat and the DA that it is required. De Weerd: Okay. Any other discussion? Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move that we approve Item 8-D, MDA 15-009, a modified development agreement to include condition 1.1.1B, the installation of a sidewalk along the north side of Ramblin Court heading west to Black Cat, but excluding any requirement for 120 feet along Ramblin Court going to the east. Zaremba: Second. Borton: To the extent it needs to include the provisions of the -- to be modified UDC with regards to lot size and for the DA to be signed and returned within six months. In fact, all of the development agreement provisions which are provided by staff and agreed to by the applicant. Zaremba: Now second. De Weerd: I have a motion and a second. Any discussion? Bird: Madam Mayor? De Weed: Mr. Bird. Bird: Clarification. That by going with -- were you excluding 1.1.1B or the stuff along Ramblin? Nary: Madam Mayor? Meridian City Council October 6, 2015 Page 52 of 67 De Weerd: Mr. Nary. Nary: Maybe I could help and, then, Mr. Borton could clarify. What I'm understanding by the -- by the motion and the second is that the requirement from the city is that the developer construct a sidewalk along the north side of Ramblin Court to Black Cat. But it's clarifying what was in the original DA. Mr. Borton excluded the 120 foot, because that's an ACHD requirement and possibly because the developer asked for the ability to go to ACHD and see if their commission would waive that requirement for the 120 foot. So, that would be the result of that motion, if I understood it correctly. Borton: Correct. Nary: Okay. Bird: Okay. De Weerd: I got a second on that; right? Bird: Yes. Borton: Yes. De Weerd: Okay. Just checking. Okay. Any further questions or comments? Madam Clerk. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. E. Public Hearing: MDA 15-010 Southridge Apartments by DBTV Southridge Farm, LLC Located South Side of W. Overland Road Midway Between S. Linder Road and S. Ten Mile Road Request: Modification to the Development Agreement to Update the Conceptual Development Plan for the Site De Weerd: Item 8-E is a public hearing on MDA 15-010. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a development agreement modification. This site consists of approximately 45 acres of land. It's currently zoned R-15 and is located on the south side of West Overland Road between Linder and Ten Mile Roads. The applicant requests a modification to the development agreement for Southridge Apartments to update the Meridian City Council October 6, 2015 Page 53 of 67 conceptual site plan to include a development plan for the eastern 3.05 acre portion of the area noted as phase three. The plan on the left is the current approved plan. The plan on the right is the proposed plan. This portion of the site has been sold and is proposed to develop with single family residential homes as part of the Southridge Estates Subdivision. Staff also recommends changes to the text of the agreement as follows: Require future development to comply with the design standards in effect at the time of development and the TN-R dimensional standards and removal of two sections that are no longer applicable. Written testimony has been received from Jason Densmer, the applicant's representative. He is in agreement with the staff report, with a note that ownership of the property has changed since the time of application submittal DBTV Southridge Farm, LLC, to Southridge Farm, LLC. Staff is recommending approval per the provisions in the staff report and as shown before you. Staff will stand for any questions Council may have. Rountree: Any questions? Bird: I have none. Rountree: Sonya, I have a question on your striking of the eighth condition. Watters: Yes. Rountree: Does that potentially lead to some future confusion? Watters: No. Rountree: I won't be here -- Watters: That's the short answer. Rountree: -- if that's true. Okay. Thank you. Bird: She will let you know. Rountree: You will let me know. Just checking. Bird: Whether Sonya is right or not. Rountree: No further questions? Does the applicant have any comment? Densmer: Thank you. For the record my name is Jason Densmer with the Land Group. I'm here tonight on behalf of the two applicants. It's actually Corey Barton Homes and Southridge Farm, LLC. If you recall, the Southridge Estates Subdivision was approved by you at the end of July and one of the conditions of approval for that subdivision was that we modify this development agreement because of the overlap between the underlying Southridge Apartments development agreement and the Southridge Estates Subdivision, Meridian City Council October 6, 2015 Page 54 of 67 which overlays a corner of that prior project. So, we are pleased tonight to bring that development agreement modification to you and do agree with all of staff's analysis and recommendations. Be happy to answer any questions that you have, but, otherwise, we appreciate your consideration. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Densmer: Thank you. De Weerd: This is a public hearing, but it doesn't seem that the people in the room probably have any testimony, but you are invited. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing none, I move we close the public hearing on MDA 15-010. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve MDA 15-010 and include all staff, applicant comments and for the development agreement to be signed within six months. Milam: Second. De Weerd: I have a motion and a second to approve this item. Any discussion from Council? Hearing none, Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. Meridian City Council October 6, 2015 Page 55 of 67 MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Department Reports A. Mayor's Office: Resolution No. 15-1091: Resolution Appointing Jacob Chambers to the Solid Waste Advisory Commission as Youth Commissioner De Weerd: Item 8 -- or, I'm sorry, 9-A is Resolution 15-1091. This resolution appoints Jacob Chambers as our youth commissioner on the SWAC. I would answer any questions that Council might have. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no questions and our SWAC representative left, I will -- I move we approve Resolution 15-1091 appointing Jacob Chambers to the Solid Waste Advisory Commission as the youth commissioner. Borton: Second. De Weerd: I have a motion and a second to approve Item 9-A. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Mayor's Office: Resolution No. 15-1092: Resolution Appointing Lance F. Baumgartner to the Transportation Commission as Youth Commissioner De Weerd: Item 9-B is Resolution 15-1092. Council, this is an appointment for our youth commissioner on the Transportation Commission. Caleb, did he -- did he attend yesterday? So, he has already attended and I will tell you, all three of these youth are going to be amazing and I know you heard that from me earlier about our Mayor's Youth Advisory Council. We have a diversity of involvement, opinion and a lot of eager teenagers wanting to be part, wanting their voice to be heard as part of our local government. So, I would entertain any questions about Lance. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Meridian City Council October 6, 2015 Page 56 of 67 Zaremba: Just to clarify, he was introduced to the commission yesterday and did sit in the audience, because he was not officially appointed yet, but he clearly is -- is enthusiastic and going to be a good addition to the commission. So, that being said, I would like to move that we approve Resolution 15-1092 appointment Lance F. Baumgartner to the Transportation Commission as the youth commissioner. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-B. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Mayor's Office: Resolution No. 15-1093: Resolution Appointing Hannah Sturtevant to the Parks and Recreation Commission De Weerd: Item 9-C is Resolution 15-1093. It's a resolution appointing Hannah Sturtevant to the Parks and Recreation Commission. Hannah is on our Mayor's Youth Advisory Council Executive Council. She is extremely active and dedicated. Hasn't hesitated to give of her time and talents and we know she will be a huge contributor to the Parks and Recreation Commission. I would stand for any questions you might have. Bird: Hearing none -- Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 15-1093 appointing Hannah Sturtevant to the Parks and Recreation Commission. Rountree: Second. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-C. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. Meridian City Council October 6, 2015 Page 57 of 67 MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Parks and Recreation Department: License and Indemnity Agreement Between the Lions Club of Meridian and the City of Meridian E. Parks and Recreation Department: First Amendment to Lease Agreement Between the City of Meridian and American Harvest, LLC for Lake Hazel Property and Authorization for Sublease with The Turf Company F. Parks and Recreation Department: Resolution No. 15-1094: Authorizing First Amendment to Lease Agreement with American Harvest, LLC for Lake Hazel Property and Authorization for Sublease with The Turf Company G. Parks and Recreation Department: First Amendment to Lease Agreement Between Jesse Carlton dba Carlton Farms and the City of Meridian H. Parks and Recreation Department: Resolution No. 15-1095: Authorizing First Amendment to Lease Agreement Between Jesse Carlton and the City of Meridian De Weerd: Item 9-D is under our Parks and Recreation Department. I will turn this over to Mike Barton. Barton: Good evening, Madam Mayor, Members of the Council. I'm here this evening with actually all things farm it seems like. They all landed on the same night. So, I'm happy to be here. And the first item for consideration is a -- a new license agreement with the Lions Club rodeo. We have been -- they have been holding an annual rodeo on our Borup-Bottles property out on Cherry Lane for about the last ten years and we are happy to support their effort as a longstanding community event and I know that the Lions do good work for the community and in addition to the -- the value that that event provides the citizens. So, they approached us this year with an idea to move the date of the rodeo from September to -- to coincide with Dairy Days, which is about the third week of June. Doing that changed our -- will change our farm configuration and change the revenue amount that we would get from the farm. Right now as it currently sits we are -- we are farming 38 acres. The Lions Club sit on 11. We get 3,800 dollars a year from the farm revenue, but in addition to that we are doing the weed control for the Lions' part of supporting their effort and their community event, so that's 1,800 dollars. So, the -- the net revenue to the city of 2,000 dollars. So, one of the -- one of the main things we have said is that we need to keep the city whole in this if we are going to change the -- the timing of the event, so we approached the farmer and said, hey, are you still willing to do this reduced acreage and he is, but he's -- but he wants to reduce the amount from a hundred dollars an acre to 50. So, our revenue is 1,350 dollars from the farm. To make Meridian City Council October 6, 2015 Page 58 of 67 us whole, the Lions Club is willing to make up the difference of the 1,350, with 650 dollars a year in lease and in addition to that they will provide all the weed control on the property. We feel it's -- it's a good arrangement. We are -- we would like to continue to support this event and we are seeking your approval and I would be happy to stand for any questions. De Weerd: Thank you, Mike. Council, any questions? Okay. Well -- park liaison. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the license and indemnity agreement between the Lions Club of Meridian and the City of Meridian. Milam: Second. De Weerd: I have a motion and a second to be approve Item 9-D. Any discussion from Council? Madam Clerk. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: 9-E is also under our Parks Department. Barton: So, if it pleases the Council, I would like to discuss 9-G in place, because that is the amended farm agreement that deals with the Borup property and I think Councilman Rountree amended the agenda to maybe reflect that, but -- put the resolution ahead of the discussion. So -- De Weerd: Thank you. Barton: So, with your approval, I would like to discuss 9-G now. And this one simply -- Nary: Madam Mayor, maybe I could help. De Weerd: The new 9-G? Nary: Madam Mayor, maybe I could help. So, what is previously 9-H that Council Member Rountree asked to move ahead of the previous 9-G -- De Weerd: Right. Meridian City Council October 6, 2015 Page 59 of 67 Nary: -- one is the resolution -- one is the amendment to the lease agreement and the other is the resolution which declares that the property is of no value to the city and the reason we need to do the resolution first is because under the law we have to declare it is of no value to the city first before we can, then, lease it out to someone else and they just got juxtaposed in the agenda manager process and so we had to make sure we took them in that order and, again, since it was related to the same property that's why Mike thought it would make the most sense to just talk about them all at the same time. De Weerd: Okay. Well, let's just all talk about 9-E, F and G and H. Barton: All at the same time. Perfect. De Weerd: The old and new and all of this. Barton: So, to close the loop on the license agreement with the Lion's Club, as I previously stated, we have a -- we have a farmer that's under lease right now and this new arrangement will reduce the amount that he's willing to pay for the remaining property, which is cut up and reduced amount, so he's willing to pay the 50 dollars an acre. This amended lease to -- covers that and gets it in writing, so we do have a farm lease at a reduced amount. And with that I will stand for questions. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If this depends on us saying that there is no use for the property, that's something that may be true today, but not true a couple of years from now. Just remind me what the length of the lease is, if you would. Barton: So, Madam Mayor, Councilman Zaremba, the lease -- the license agreement that we have with the Lions Club is a year-to-year license agreement. It has a renewal if we choose to. There is also some whereas language in there that states clearly that the intended use of this property is for a municipal park in the future. So, there are no misunderstandings about the future of this property. Zaremba: Thank you. De Weerd: Okay. Any other questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before I make a motion, what am I making it on, not that you have got me all confused. It's on -- Meridian City Council October 6, 2015 Page 60 of 67 De Weerd: I believe it's on -- you're on -- Bird: 8-G. De Weerd: 8-G or H. Bird: No, it's not Carlton. Carlton is the Turf Club; right? Barton: No. Bird: Oh. Okay. Then it's eight -- and it's 15-1086. or 96. I move -- it's eight -- that we approve Resolution No. 15-1095, authorizing first amendment with lease agreement between Jesse Carlton and the City of Meridian. Zaremba: Second. De Weerd: I have a motion and a second to approve this resolution under the new G, the former H. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Okay. Bird: Now -- De Weerd: Mr. Bird. Bird: I move that we approve Resolution No. 15 -- or do we do the sublease -- sub agreement first? The resolution first, don't we? Nary: Madam Mayor, Members of the Council, Council Member Bird, the next item is to approve the amended -- the amendment to the lease agreement. Bird: Okay. Nary: The resolution was separate. So, what is listed on your agenda as G is what you would be approving next. Bird: I move we approve the first amendment to the lease agreement between the City of Meridian and America Harvest, LLC, for Lake Hazel property and authorization to sublease with the turf club. Meridian City Council October 6, 2015 Page 61 of 67 Zaremba: That was E echo. We are looking for G golf. Nary: Yes. De Weerd: You -- you did -- Bird: I did -- De Weerd: -- H and now you need G. Bird: Yes. Now I need G. Yeah. Okay. Zaremba: We are scrambling this whole thing. Bird: I move -- Madam Mayor -- we didn't get a second on that one, so -- I move we approve the first amendment to lease agreement between Jesse Carlton, doing business as Carlton Farms and the City of Meridian. Zaremba: Second. De Weerd: I have a motion and a second to approve this item, whatever it is. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Now I can approve the other one. Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve resolution number 15-1094, authorizing first amendment to lease agreement with American Harvest, LLC, for Lake Hazel property and authorization to sublease with the turf company. Zaremba: Second. De Weerd: I have a motion and a second to approve Resolution 15-1094. Any discussion? Bird: Is that not right? Mike's shaking his head. Meridian City Council October 6, 2015 Page 62 of 67 Barton: Madam Mayor, Councilman Bird, I think the resolution is with -- with first amendment to the least agreement between Jesse Carlton and the City of Meridian, not American Harvest. Bird: Just passed that. We just passed that. De Weerd: You already did that one. Zaremba: We did that one. Bird: We passed that one. Rountree: Yeah. We are done. De Weerd: No. He didn't -- Bird: We got this last one to do. 15-1094. It was out of order. Zaremba: Yeah. Madam Mayor, in seconding it I knew we had not discussed E, echo, and F, Frank, yet. De Weerd: That's correct. Zaremba: But they don't appear to need much introduction. Bird: We had talked about it. Barton: I believe the sublease still needs a short discussion and approval. Rountree: That would be Item 9-F. De Weerd: F. Zaremba: Uh-huh. Barton: Yes. Correct. Madam Mayor, Members of the Council, 9-F. We have a current lease at our 77 acre property in south Meridian that's being farmed by American Harvest. They have approached us with an idea to sublease it to the turf company to, essentially, turn that property into a sod farm. In addition to that, they are requesting the occasional use to old soccer tournaments on the site, provided that they go through the temporary use permit process with the county. We feel it's a good use of the property. There is a great amount of beautification that goes with the sod farm and if you look at it now there is a fair amount of weeds on the property and we think that there is benefit in providing overflow recreational uses to the community as well. So, in regards to the lease amount, our three year average for -- between lease payments and crop sharing has been 11,500 dollars for the last three years and our proposal is for them to pay us 11,500 dollars per Meridian City Council October 6, 2015 Page 63 of 67 year, no crop sharing, just a flat fee 11,500 and we are still whole. So, with that I will stand for questions. De Weerd: Thank you. Any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Mike, what does this do to the top soil regimen ultimately, depending on how many years it's operated? Barton: Madam Mayor, Councilman Rountree, great question. We actually did a little bit of research into that. We have a -- a soils guy that we lean on for testing and we asked that question to him and, basically, they harvest about a quarter inch of soil off each cutting and each cutting is about 18 months. A lot of the roots that are left over, just during the decomposition process, rebuild some of that soil. It seems like they are trucking off top soil, but they are really not. Steve, when he was going to school, worked for Kimberly Nurseries and they have a sod farm and he called up the owner of Kimberly and said, you know, hey, I'm looking out my window and we have been growing sod on this 38 acres here for like 20 years and it hasn't really changed. He said it might have changed a little bit, but not significantly. We see this as our next regional park, so there is going to be a portion of this that goes into park development within probably three years we are hoping and so the likelihood that we are going to lose any significant top soil is minimal. In fact, if anything it keeps the site clean and prevents erosion when it's -- when there is no crop on there, so there are some benefits that we see. Rountree: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the first amendment to lease agreement between the City of Meridian and American Harvest, LLC, for the Lake Hazel property and authorization to sub lease with the turf company. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-E. Zaremba: F. De Weerd: F? Bird: E. We still got F to go. Meridian City Council October 6, 2015 Page 64 of 67 De Weerd: Yeah. We are on E. F is the resolution that follows this. Any discussion? Madam Clerk. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: That one passes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve resolution number 15-1094, authorizing first amendment to lease agreement with American Harvest, LLC, for the Lake Hazel property, authorization for sublease with the turf company. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-F, as in Frank. Any discussion? Madam Clerk. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: Okay. That one passed, too. MOTION CARRIED: FIVE AYES. ONE ABSENT. I. Fire Department: Sale and Disposal of Fire Engine 38 to the West Ada School District De Weerd: Item 9-I is under our Fire Department. I will turn this over to Deputy Chief Amenn. Amenn: Thank you, Madam Mayor, Members of the Council. What you have before you is an asset disposal form. This for the sale of Engine 38, the 1982 Pierce engine. It's being replaced with an engine that's being delivered -- supposed to be delivered no later than Thursday afternoon. We propose to sell this to the West Ada School District for a sum of 12,000 dollars. We had this listed as evaluation of approximately 15,000 dollars on our asset sheet. This is based on our ongoing analysis and a proposal -- I'm sorry -- an appraisal we received from two different used fire apparatus dealers, the amount of 12,000 is what West Ada School District can afford this year. The engine that they have for their fire protection -- fire program at Renaissance High School is no longer in service. Meridian City Council October 6, 2015 Page 65 of 67 We feel this would be a good value for the city to accept, as we see at minimum a 500 hours of volunteer service from the students that participate in that program every year. Again, that's a minimum. Some of the projects that we have had going on, like the smoke detector project, they had done as much as 200 hours on just that project. So, with that I will stand for any questions. De Weerd: Thank you. Council, any questions? Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we approve the sale and disposal of fire Engine 38 to the West Ada School District as described. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-I. Madam Clerk. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. J. Public Works: Budget Amendment for FY2016 in the Amount of $250,000.00 for Sewer Line Extensions De Weerd: Item 9-J is under our Public Works Department. Dolsby: Madam Mayor, Members of the Council, the amendment you have before you will fund the design of the south Meridian Black Cat trunk sewer phase five project. This project takes the sewer from approximately the corner of Meridian Road and Victory and it will take it south to about a quarter of a mile south of the intersection of Meridian and Amity and we have -- currently have a two year time frame to complete the construction of this project. This is for design. We will be coming back for an amendment if we need -- when we need funds for construction and potentially one for easements as well. With that I will stand for any questions. De Weerd: Thank you, Clint. Council, questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council October 6, 2015 Page 66 of 67 Zaremba: I move we approve the budget amendment for fiscal year 2016 in the amount of 250,000 dollars for design of sewer line extensions. Is that correct? Bird: Second. De Weerd: I have a motion and a second to approve Item 9-J. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Future Meeting Topics De Weerd: Council, any items to consider under Item 10? Hearing none, Item -- Borton: Sorry. De Weerd: Mr. Borton. Borton: Try to make the meeting go longer. At the workshop next week there is an item that's going to be requested from Fire to come back -- it's not a surprise, but before they go on their retreat there is going to be a discussion with Council about the alternate response vehicle, have us give some direction on any specifics we'd like to see them to address in their meeting. So, heads up that's coming next week. Item 11: Executive Session per Idaho State Code 74-206 (d) – Records Exempt from Disclosure and (f) – Legal Counsel on Pending or Imminently Likely Litigation De Weerd: Thank you. Council, under Item 11 I would entertain a motion to -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 74-206(1)(d),(1)(f). Milam: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Meridian City Council October 6, 2015 Page 67 of 67 Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (9:06 p.m. to 10:27 p.m.) MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:27 P.M. (AU ON FILE OF THESE PROCEEDINGS) MAYOR MY de WEERD DATE APPROVED ATTEST: 4p1�AT�D Av��sr, f HOLMAN, CITY CLE E IDIAN�-- IDANO S SEAL I V yrFR e�the TREAS��O Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approval of Agreement Schindler A. Approval of Agreement to Schindler Elevator Corporation for "Elevator Preventive Maintenance and Service at Meridian Police Department" for a Not -To -Exceed amount of $2,580.00 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 To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Eric Jensen Date: 9-29-2015 Re: October 6t' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 6t' City Council Consent Agenda for Council's consideration. Approval of Agreement to Schindler Elevator Corporation for "Elevator Preventive Maintenance and Service at Meridian Police Department" for a Not -To -Exceed amount of $2,580.00. Recommended Council Action: Approval of Agreement to Schindler Elevator Corporation for the Not -To -Exceed amount of $2,580.00. Thank you for your consideration. • Page 1 SCHINDLER ELEVATOR CORPORATION 743 McGregor Ct., Suite 140 Boise, ID 83705-5225 Phone: 208-577-5541 Fax: 208-577-5526 Date: September 18, 2015 To: City Of Meridian 33 E Broadway Ave, Suite 200 Meridian, ID 83642-2619 Attn: Eric Jensen As Agent For: Owner EQUIPMENT DESCRIPTION I®(�f t � � I°rlI �►� Estimate Number: JLEE-A2GSC2 (2015,3.1) Building Name: Meridian Police Center Rise/Length Qty Manufacturer Equipment Application Description Openings Capacity Speed install# Meridian Police Center 1401 E Watertower St Meridian, ID 83642-3513 1 Schindler Hydraulic Passenger Elev 01 2F/OR 2100 100 SCHINDLER ELEVATOR CORPORATION ("Schindler', "we", "us") 743 McGregor Ct., Suite 140, Boise, ID 83705-5225, and CITY OF MERIDIAN, 33 E Broadway Ave, Suite 200, Meridian, ID 83642-2619 ("you") agree as follows: PREVENTIVE MAINTENANCE SERVICE • Our preventive maintenance program performed in accordance with a maintenance schedule specific to your equipment and its usage • Examine, lubricate, adjust, and repair/replace covered components • Criteria for replacement of all wire ropes will be the appropriate factor of safety • Prompt callback coverage • Safety testing • Customer friendly and responsive communications PREVENTIVE MAINTENANCE PROGRAM Our Preventive Maintenance Program, as described in this agreement will be performed In accordance with a maintenance schedule specific to your equipment. A Schindler technician will be assigned to you, and back up technicians are available as required to give you prompt service as required at all times. A Schindler account representative will be assigned to you, and will be your primary contact for communications regarding your agreement. Also available to you is our extensive technical support and parts inventory, at the site as needed, and local warehouses and our national Service Distribution Center available for express delivery in emergencies. EXAMINE, LUBRICATE, ADJUST, AND REPAIR/REPLACE COVERED COMPONENTS We will on a periodic basis examine, lubricate, adjust, and as needed or if usage mandates, repair, or replace the Covered Components listed below. Page 1 of 7 JLEE-A2GSC2 2015.3.1 HYDRAULIC ELEVATORS Basic components: Controller components: resistors, timers, fuses, overloads, minor contacts, wiring, coils; packing, drive belts, strainers, functional components of car and corridor operating stations, hangers and tracks, door operating devices, door gibs, guide shoes, rollers, traveling cables, signal lamps (replacement during regular visits only), interlocks, door closers, buffers, switches, door protection devices, and alarm bells. Major components: Exposed piping in the Machine Room & hoistway, motor, PC boards, pump unit, solid state devices, contactors, and valve rebuilds. We assume no responsibility for the following items: hoistway door hinges, panels, frames, gates and sills; cabs and cab flooring; cab doors, gates and removable cab panels; cab mirrors and handrails; power switches, fuses and feeders to controllers; emergency cab lighting; light fixtures and lamps; cover plates for signal fixtures and operating stations; card readers or other access control devices; smokelfire alarms and detectors; pit pumps and alarms; cleaning of cab interiors and exposed sills; plungers, pistons, casings and cylinders; automatic ejection systems; all piping and connections except that portion which is exposed in the machine room and hoistway; guide rails; tank; emergency power generators; telephone service, communication devices; disposal of used oil; intercom or music systems; ventilators, air conditioners or heaters; adverse elevator operation as a result of machine room temperatures (including temperature variations below 60 degrees Fahrenheit and above 90 degrees Fahrenheit); media displays; computer consoles or keyboards; fireman's phones; exterior panels, skirt and deck panels, balustrades, relamping of Illuminated balustrades; attachments to skirts, decking or balustrades; moving walk belts; pallets; steps; skirt brushes; sideplate devices; any batteries associated with the equipment; obsolete items, (defined as parts, components or equipment either 20 or more years from original installation, or no longer available from the original equipment manufacturer or an industry parts supplier, replaceable only by refabrication.) In the event that safety testing is performed by us at the start of the Agreement, and we find that critical safety components, such as the governor and/or safeties for traction equipment, and/or valves on hydraulic equipment, are not operating correctly, therefore resulting in unsafe conditions, you will be responsible to authorize the necessary repairs/replacements of this equipment, at your expense. CLEANING We will periodically clean the machine room, car top, and pit of debris related to our work in these areas. TESTING OF SAFETY DEVICES Equipment Test Frequency Hydraulic Pressure/Relief Valve Annually Our testing responsibilities do not include fees or changes imposed by local authorities in conjunction with witnessing, witnessing costs, inspecting, assisting inspection authorities, licensing or testing the Equipment including observation of testing by 3rd parties; changes in the testing requirements after the initial start date of this Agreement, or any other testing obligations other than as specifically set forth above, including, but not limited to seismic tests. Since these tests may expose the equipment to strains well in excess of those experienced during normal operation, Schindler will not be responsible for any damage to the equipment or property, or injury to or death of any persons, resulting from or arising out of the performance of these tests. Further, our testing responsibilities do not include performance, or the keeping of records related to, monthly firefighters service. CUSTOMER FRIENDLY AND RESPONSIVE COMMUNICATIONS Service dispatching will take place through our Schindler Customer Service Network (SCSN), which is staffed by qualified Schindler personnel, 24 /7. You will be provided with a customer identification number, which must be referenced when a call is placed for your facility. Our dispatchers will have access to your building's service call records, and will promptly relay the details of your call to the assigned technician. You will also have access to Schindler SCORE CARDT111, through Schindler's website, which gives you instant access to the performance history of your equipment covered by this Agreement. Page 2 of 7 JLEE-A2GSC2 2015.3.1 ADDITIONAL COVERAGES We will remotely monitor (if applicable) those functions of the Equipment described above which are remote monitoring capable. Our remote monitoring system ("SRM") will automatically notify us if any monitored component or function is operating outside established parameters. We will then communicate with you to schedule appropriate service calls. Monitoring will be performed on a 24 hour, 7 day basis and will communicate toll free with our Customer Service Network using dedicated elevator telephone service. The operation and monitoring of SRM is contingent upon availability and maintenance of dedicated elevator telephone service. You have the responsibility to install, maintain and pay for such telephone service, and to notify us at any time of any interruption of such telephone service. If requested, you will provide the proper wiring diagrams for the equipment covered. These diagrams will remain your property, and will be maintained by Schindler for use in troubleshooting and servicing the equipment. CALLBACK RESPONSE TIME We will perform the services during our regular working hours of regular working days, excluding elevator trade holidays. We will provide callback service during regular working hours. We will respond to callbacks within 24 hours of notification. If you authorize services or callbacks outside the scope of this agreement, you will pay us at our standard billing rates, plus materials not covered by contract, expenses and travel. HOURS OF SERVICE We will perform the services during our regular working hours of regular working days, excluding elevator trade holidays. The services include callbacks for emergency minor adjustment callbacks during regular working hours. If you authorize callbacks outside regular working hours, you will pay us at our standard billing rates, plus materials not covered by contract, expenses and travel, All other work outside the services will be billed at our standard billing rates. A request for service will be considered an "emergency minor adjustment callback" if it is to correct a malfunction or adjust the equipment and requires immediate attention and is not caused by misuse, abuse or other factors beyond our control. The term does not include any correction or adjustment that requires more than one technician or more than two hours to complete. TERM This Agreement commences on October 02, 2015, and continues until October 01, 2016, and shall renew (where permitted by applicable local law) for subsequent similar periods, unless terminated by either party upon written notice received by the other party at least 90 days prior to the above termination date or any renewal termination date, and not more than 120 days before the termination date. PRICE In consideration of the services provided hereunder, you agree to pay us the sum of $215.00 per month, payable in annual installments of $2,580.00, exclusive of applicable taxes, unless another payment frequency option is selected below, PRICE ADJUSTMENT The contract Price and labor rates for extra work will be adjusted annually in January. This adjustment will be based upon the local labor rate adjustment for the year in which it is adjusted, and will be increased or decreased on the basis of changes to the local straight time hourly rate for mechanics. If there is a delay In determining a new labor rate, or an interim determination of a new labor rate, we will notify you and adjust the price at the time of such determination, and we will retroactively bill or issue credit, as appropriate, for the period of such delay. We also reserve the right to adjust the contract price quarterly / annually on the basis of changes in other expenses such as fuel, waste disposal, government regulations or administrative costs. Should you elect to take the annual pre -payment option, the price adjustment date will default to coincide with the invoice date. Page 3 of 7 JLEE•A2GSC2 2015.3,1 PAYMENT OPTIONS (1) Please select Method of Payment: 11 Direct Debit 1 % Discount (Attach Copy of voided check) ❑ Credit Card 3% Addition ❑ Visa ❑ MC ❑ AMEX Number: Page 4 of 7 JLEE-A2GSC2 2015.3.1 Expiration Date: Signature: Check ❑ Other: (2) Please select a Payment Frequency (Other than Annual): ❑ Semi -Annual 1%Addition ❑ Quarterly 3% Addition ❑ Monthly 5% Addition Page 4 of 7 JLEE-A2GSC2 2015.3.1 The attached terms and conditions are incorporated herein by reference. Acceptance by you as owner's agent or authorized representative and subsequent approval by our authorized representative will be required to validate this agreement. Proposed: Accepted: 4 $GO syn By: Justin Lee City of II7� AH0 1 P^/� _LO� For: Schindler Elevator Corporation y� SAL or: City Of Meridian Title: Sales Representative Title: 'fin a , ,: q1 Date: September 18, 2015 As Agent For: Owner Date: C-) (p Approved: By: .Ina Stumph Title: District Manager Date: Page 5 of 7 JLEE-A2GSC2 2015.3.1 TERMS AND CONDITIONS 1. This is the entire Agreement between us, and no other terms or conditions shall apply. This service proposal does not void or negate the terms and conditions of any existing service agreement unless fully executed by both parties. No services or work other than specifically set forth herein are included or intended by this Agreement. 2, You retain your responsibilities as Owner and/or Manager of the premises and of the Equipment. You will provide us with clear and safe access to the Equipment and a safe workplace for our employees as well as a safe storage location for parts and other materials to be stored on site which remain our property, in compliance with all applicable regulations related thereto, you will inspect and observe the condition of the Equipment and workplace and you will promptly report potentially hazardous conditions and malfunctions, and you will call for service as required; you will promptly authorize needed repairs or replacements outside the scope of this Agreement, and observe all testing and reporting responsibilities based upon local codes. You will not permit others to work on the Equipment during the term of this Agreement. You agree that you will authorize and pay for any proposed premaintenance repairs or upgrades (including any such repairs or upgrades proposed during the first 30 days of this agreement), or we will have the option to terminate this Agreement immediately, without penalty to us. You agreed to post and maintain necessary instructions and / or warnings relating to the equipment. 3. We-wUke4&4ieble-for--4arveges-ef�k*►4;-vhr°irt#er#; eretFierwi rtaal pries a€#his. Agreement. We will not be liable in any event for special, indirect or consequential damages, which include but are not limited to loss of rents, revenues, profit, good will, or use of Equipment or property, or business interruption. 4. Neither party shall be responsible for any loss, damage, detention or delay caused by labor trouble or disputes, strikes, lockouts, fire, explosion, theft, lightning, wind storm, earthquake, floods, storms, riot, civil commotion, malicious mischief, embargoes, shortages of materials or workmen, unavailability of material from usual sources, government priorities or requests or demands of the National Defense Program, civil or military authority, war, insurrection, failure to act on the part of either party's suppliers or subcontractors, orders or instructions of any federal, state, or municipal government or any department or agency thereof, acts of God, or by any other cause beyond the reasonable control of either party. Dates for the performance or completion of the work shall be extended by such delay of time as may be reasonably necessary to compensate for the delay, 6. You will assign this Agreement to your successor in interest, should your interest in the premises cease prior to the initial or any renewal termination date. If this Agreement is terminated prematurely for any reason, other than our default, Including failure to assign to a successor in interest as required above, you will pay as liquidated damages (but not penalty) the full remaining amount due under this Agreement. 6. The Equipment consists of mechanical and electrical devices subject to wear and tear, deterioration, obsolescence and possible malfunction as a result of causes beyond our control. The services do not guarantee against failure or malfunction, but are intended to reduce wear and prolong useful life of the Equipment. We are not required to perform tests other than those specified previously, to install new devices on the equipment which may be recommended or directed by insurance companies, federal, state, municipal or other authorities, to make changes or modifications in design, or to make any replacements with parts of a different design. We are responsible to perform such work as is required due to ordinary wear and tear. We are not responsible for any work required, or any claims, liabilities or damages, due to: obsolescence; accident; abuse; misuse; vandalism; adverse machine room conditions (including temperature variations below 60 degrees and above 90 degrees Fahrenheit) or excessive humidity; overloading or overcrowding of the Equipment beyond the limits of the applicable codes; adverse premises or environmental conditions, power fluctuations, rust, or any other cause beyond our control. We will not be responsible for correction of outstanding violations or test requirements cited by appropriate authorities prior to the effective date of this agreement. 7. Invoices (Including invoices for extra work outside the fixed price) will be paid upon presentation, on or before the last day of the month prior to the billing period. Late or non -payments will result in: —eern tin's -at 4�14; pef m-aHlh ef the highest legal fate OV. -Ill -a 1— (b) Termination of the Agreement on ten (10) days prior written notice; and (c) Attorneys' fees, cost of collection and all other appropriate remedies for breach of contract. Page 6 of 7 JLEE-A2GSC2 2015.3.1 B. if either party to this Agreement claims default by the other, written notice of at least 30 days shall be provided, specifically describing the default. If cure of the default is not commenced within the thirty -day notification period, this Agreement may be terminated. In the event of litigation, the prevailing party will be entitled to its reasonable attorneys' fees and costs. If you elect to modernize any or all of the Equipment during the term of this agreement, you will give us the option, within a reasonable time, to prepare an offer for the work and/or evaluate competitor proposals and compare scope of work and price. If we are unable to match price and scope of work, or present an alternative proposal, this Agreement may be canceled with ninety (90) days written notice. 9. Any proprietary material, information, data or devices contained in the equipment or work provided hereunder, or any component or feature thereof, remains our property. This includes, but is not limited to, any tools, devices, manuals, software (which is subject to a limited license for use in this building/premises/ equipment only), modems, source/ access/ object codes, passwords and the Schindler Remote Monitoring feature ("SRM") (if applicable) which we will deactivate and remove If the Agreement is terminated. 10. You will prevent access to the Equipment, including the SRM feature and/or dedicated telephone line if applicable, by anyone other than us. We will not be responsible for any claims, losses, demands, lawsuits, judgment, verdicts, awards or settlements ("claims") arising from the use or misuse of SRM, if it or any portion of it has been modified, tampered with, misused or abused. We will not be responsible for use, misuse, or misinterpretation of the reports, calls, signals, alarms or other such SRM output, nor for claims arising from acts or omissions of others in connection with SRM or from interruptions of telephone service to SRM regardless of cause. You agree that you will defend, Indemnify and hold us harmless from and against any such claims, and from any and all claims arising out of or in connection with this Agreement, and/or the Equipment, unless caused directly and solely by our established fault. 11. Should this Agreement be accepted by you in the form of a purchase order, the terms and conditions of this Agreement will take precedence over those of the purchase order. 12. Schindler Elevator Corporation is insured at all locations where it undertakes business for the type of insurance. You agree to accept, named as certificate holder, in full satisfaction of the insurance requirements for this Agreement, our standard Certificate of Insurance. Limits of liability as follows: (a) Workers' Compensation - Equal to or in excess of limits of Workers' Compensation laws in all states and the District of Columbia. (b) Comprehensive Liability - Up to Two Million Dollars ($2,000,000.00) single limit per occurrence, Products/Completed Ops Aggregate $5,000,000. (c) Auto Liability - $5,000,000 CSL. (d) Employer's Liability - $5,000,000 Each Accident/Employee/Policy Limit. Page 7 of 7 JLEE-A2GSC2 2015.3.1 Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approval of Award RFP B. Approval of Award of RFP and Services Agreement to VARSITY FACILITY SERVICES for "JANITORIAL SERVICES" for a Not -To -Exceed amount of $169,777.64 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Max Jensen Date: 9-28-2015 Re: October 6t' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 6'' City Council Consent Agenda for Council's consideration. Approval of Award of RFP and Services Agreement to VARSITY FACILITY SERVICES for "JANITORIAL SERVICES" for a Not -To -Exceed amount of $169,777.64. Recommended Council Action: Award of RFP and Approval of Agreement to VARSITY FACILITY SERVICES for the Not -To -Exceed amount of $169,777.64. Thank you for your consideration. • Page 1 City of Meridian JANITORIAL SERVICES SELECTION RFQ NUMBER: CW -15-10150 DUE DATE & TIME: July 22, 2015 VENDOR SELECTION: (in order) 1 Varsity Facility Services 2 Clearview Cleaning 3 Paramount Cleaning Date Posted: 8-18-2015 SERVICES CONTRACT AGREEMENT JANITORIAL SERVICES PROJECT NUMBER 10150 THIS AGREEMENT FOR JANITORIAL SERVICES shall become effective October 1, 2015, 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 VARSITY FACILITY SERVICES, hereinafter referred to as "SERVICES PROVIDER", whose business address is1055 S. 3600 W., Salt Lake City, UT 84104. INTRODUCTION Whereas, the City has a need for services involving JANITORIAL SERVICES; and WHEREAS, the Services Provider is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 SERVICES PROVIDER shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the Request for Proposal documents CW -15-10150 and also the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and Exhibit "B" 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 Services Provider under this Agreement, including without limitation electronic data files, are the property of the Services Provider; 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 Services Provider may copyright the same, except that, as to any work which is copyrighted by the Services Provider, 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 Services Provider shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. JANITORIAL SERVICES Page 1 of 62 PROJECT #10150 The Services Provider 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 Services Provider and any reports or opinions prepared or issued as part of the work performed by the Services Provider under this Agreement, Services Provider makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the Services Provider 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 Services Provider shall be compensated on a Not to Exceed basis as provided in Exhibit C "Payment Schedule" attached hereto and by reference made a part hereof for the Not -to -Exceed amount of $169,777.64 2.2 The Services Provider shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Services Provider under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Services Provider. 2.3 Service Provider will submit an itemized monthly statement, in arrears, referencing the assigned purchase order number. Itemization will include, but not limited to: A. Facility B. Service Provided C. Service Date(s) D. Service Rate (if applicable) E. Total Amount 2.3 Except as expressly provided in this Agreement, Services Provider 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, Services Provider 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. JANITORIAL SERVICES Page 2 of 62 PROJECT #10150 3. Time of Performance: The initial term of the contract will be for one (1) year starting October 1, 2015 and ending September 30, 2016. This agreement is renewable upon mutual agreement by both parties. Four (4) annual renewals shall be allowed. Service Provider may request an equitable price adjustment to reflect current market conditions during the renewal process. In the event of any extension of this contract beyond the initial one (1) year period, CITY reserves the right to either accept or reject any price adjustments submitted in writing ninety (90) days prior to the end of the current contract period as part of CITY's consideration for the contract extension. Price adjustments shall be based on substantiation by an applicable index. Continuation of the contract is subject to the appropriation of funds for such purpose by the CITY. If funds to effect such continued payment are not appropriated, CITY may terminate this project as thereby affected and Service Provider will relieve CITY of any further obligation. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, SERVICES PROVIDER shall be acting as an independent contractor, and neither SERVICES PROVIDER nor any officer, employee or agent of SERVICES PROVIDER will be deemed an employee of CITY. Except as expressly provided in Exhibit A and Exhibit B, Services Provider has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Services Provider shall determine the method, details and means of performing the work and services to be provided by Services Provider under this Agreement. Services Provider 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 Services Provider in fulfillment of this Agreement. 5. Indemnification and Insurance: SERVICES PROVIDER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the SERVICES PROVIDER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. SERVICES PROVIDER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow, General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law. The CITY shall be named an additional JANITORIAL SERVICES Page 3 of 62 PROJECT #10150 insured on both General Liability and Automotive policies. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, SERVICES PROVIDER 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 Services Provider or Services Provider'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. SERVICES PROVIDER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing SERVICES PROVIDER'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 Services Provider begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, SERVICES PROVIDER 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. A Fidelity Bond shall be acquired, also known as an Employee Dishonesty Bond with the minimum amount of $50,000. This bond is to protect the city and it's employee's personal property, money, and securities within the City's facilities against loss or damage caused by Service Providers employees or agents' dishonesty, theft, or actions leading to a loss. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-888-4433 Email: kwatts@rneridiancity.org SERVICES PROVIDER VARSITY FACILITY SERVICES Attn: Casey Killian 1055 S 3600 W Salt Lake City, UT 84104 Phone: 801-972-3580 Email: ckillianCa)varsit fy s.com Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be JANITORIAL SERVICES Page 4 of 62 PROJECT #10150 deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 9. Assignment: It is expressly agreed and understood by the parties hereto, that SERVICES PROVIDER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 10. Discrimination Prohibited: In performing the Services required herein, SERVICES PROVIDER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Information: 11.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the'CITY may request pertaining to matters covered by this Agreement. 11.2 Services Provider shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of SERVICES PROVIDER'S records with respect to all matters covered by this Agreement. SERVICES PROVIDER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. JANITORIAL SERVICES Page 5 of 62 PROJECT #10150 14. Compliance with Laws: In performing the scope of services required hereunder, SERVICES PROVIDER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of SERVICES PROVIDER'S compensation, which are mutually agreed upon by and between the CITY and SERVICES PROVIDER, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, SERVICES PROVIDER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement, in part or in its entirety, by giving written notice to SERVICES PROVIDER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. SERVICES PROVIDER 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 SERVICES PROVIDER under this Agreement shall, at the option of the CITY, become its property, and SERVICES PROVIDER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, SERVICES PROVIDER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by SERVICES PROVIDER, and the CITY may withhold any payments to SERVICES PROVIDER for the purposes of set-off until such time as the exact amount of damages due the CITY from SERVICES PROVIDER is determined. This provision shall survive the termination of this agreement and shall not relieve SERVICES PROVIDER of its liability to the CITY for damages. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. JANITORIAL SERVICES Page 6 of 62 PROJECT #10150 20. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 21. Confidentiality: Services Provider understands and acknowledges that all tests and results(confidential information) are intended solely for the City. Services Provider agrees to hold all confidential information in confidence and will not disclose the confidential information to any person or entity without the express prior written consent of City. 22. 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. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BYL TAMMY de WEE D, MAYOR Dated:_ to - I Approved by Council: JAYCEE o - to - (S- CITY CLERK Purchasing Approval BY.__ s s KEITH TS, Purchasing Manager Dated:: JANITORIAL SERVICES PROJECT #10150 VARSITY FACt ITY SERVICES BY: Dated: q / City of L Ej1��IDIAN& \I �GANO ti SEAL f hr i2iNSUO Department Approval B, o McCormfick, Dep. Public Works Director Dated:: 17- fff S� Page 7 of 62 EXHIBIT A SCOPE OF SERVICES 1. General This Contract establishes the standard for janitorial services at various City facilities. The Service Provider shall provide all management, supervision, labor, materials, supplies, and equipment (except as otherwise provided), and will plan, schedule, coordinate and assure effective performance of all services described herein. The Service Provider will be required to provide janitorial and related services in accordance with the specifications of this solicitation. All services shall be performed in the highest professional manner, and in accordance with all applicable, current industry standards, regulations, codes and statutes. Unless the means or methods of performing a task are specified elsewhere in this contract, Service Provider shall employ methods that are generally accepted and used by the industry. Contract oversight is by the Building Maintenance Technician or their designated representative. 2. Silence of Specifications The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. 3. Service Locations The work shall be performed at the City locations identified in this section. The City reserves the right to add or delete locations. LOCATION ADDRESS SQUARE FOOTAGE (Estimated area of service) City Hall 33 E Broadway 83,000 Police Station 1401 E. Watertower 32,000 Administration Building - Police Station 1401 E. Watertower 540 K-9 Building Police Station 1223 E. Watertower 12,700 Public Safety Training Center PSTC Water Administration 2235 NW 8 1h St. 8,000 Wastewater Resource 3401 N. Ten Mile 12,200 Recovery Facility — Administration Building Wastewater Resource 3401 N. Ten Mile 3,600 Recovery Facility — Controls Building JANITORIAL SERVICES Page 8 of 62 PROJECT #10150 Wastewater Resource Recovery Facility — Lab Building (only area specified) 3401 N. Ten Mile 2,500 Parks and Recreation Maintenance Building 1700 E. Lanark 2,500 Community Center 213 E Idaho 4,200 Fire Station 1 540 E. Franklin Road, Meridian 4,400 Fire Station 2 2401 N. Ten Mile Road, Meridian 2,300 Fire Station 3 3545 N. Locust Grove, Meridian 2,300 Fire Station 4 2515 S. Eagle Road, Meridian 2,300 Fire Station 5 6001 N Linder Road, Meridian 2,300 Fire Safety Center 1901 E. Leighfield, Meridian 920 *Measurements are approximations only. It is up to the Service Provider to field -verify dimensions to satisfy their needs. 4. Schedule of Services Work is to be performed outside of the City's regularly scheduled business hours except where otherwise specified. All tasks are to be completed on their designated service days. Service schedule cannot be altered without prior approval from the City's Building Maintenance Technician. All regular janitorial personnel must work the same continuous shift. Site locations that are serviced three days or less a week, one of which is a holiday, will be serviced the day after the holiday. 5. Observed Holidays City observed holidays are listed below. City facilities are closed on these days and services are not required -except where otherwise specified. Scheduled services that fall on a holiday are to be performed the next business day. Observed holidays are: • New Year's Day • Martin Luther King/Human Rights Day • President's Day • Memorial Day • Independence Day • Labor Day • Veterans Day • Thanksgiving Day • Christmas Day 6. Minimum Qualifications of Service Provider Service Provider must meet the minimum qualifications set forth to be considered eligible to provide the proposed service. Service Provider must: A. Be a company that has been in business and performing services specified herein for a minimum of five (5) consecutive years. JANITORIAL SERVICES Page 9 of 62 PROJECT #10150 B. Possess and keep in force all licenses, certifications, bonds and permits required to furnish and perform the services specified herein. C. Possess the ability to commit sufficient staffing, equipment and materials to perform the work required (with the exception of restorative carpet cleaning services). 7. Qualifications of Service Provider's Personnel A. All matters pertaining to the recruitment, screening, hiring and retention of personnel shall be the exclusive responsibility of the Service Provider. These matters shall be done fully in compliance with existing statutes and regulations pertaining to affirmative action, non-discrimination, wage and hour and any other stipulations germane to prudent personnel management. B. All personnel used by the Service Provider shall be subject to review and approval by the City. The City reserves the right to demand the removal of any employee who is deemed unacceptable for any reason. C. All work by contract personnel shall be performed in a professional, courteous manner. Discourtesy, rudeness, or the use of profanity will not be tolerated, and shall be grounds for immediate removal of the offending employee from performing work under any contract awarded as a result of this specification. 8. Staffing Levels: Service provider shall maintain an adequate number of employees to satisfactorily perform scheduled tasks. Service Provider will provide an adequate number of trained cleaning. personnel each day to ensure that all cleaning services herein specified are accomplished. It is the Service Provider's responsibility to determine and furnish the total staff -hours required to meet the requirements of the service level agreement. The Service Provider shall provide onsite supervision at City Hall Supervisor will be responsible for staff at all locations. Service Provider will ensure that all employees working within City facilities can read and understand warning signs that are written in English. The Service Provider shall provide onsite supervision to assure competent performance of the work during the scheduled hours. The Service Provider or authorized agent will make daily routine inspections prior to leaving for the day to ensure that the work is performed as required by this Contract. The Service Provider's job manager and supervisors must be literate and fluent in the English language, because of the necessity to read chemical labels, job instructions and signs, as well as the need for conversing with management personnel. The Service Provider's on site supervisor must also be literate and fluent in the primary language of the Janitorial staff. All supervisors shall have an intimate knowledge of the various cleaning tasks, equipment and materials so as to be able to maintain and control an effective inspection and follow-up program. The supervisor shall be authorized to represent and act for the Service Provider. JANITORIAL SERVICES Page 10 of 62 PROJECT #10150 The Service Provider shall provide and equip each shift supervisor with a communication device such as a cell phone or similar independent communication device. 9. Staff Training: Service Provider shall comply with the OSHA Standard as it pertains to the training, safety and equipment needed for all employees engaged in Janitorial service. Service Provider shall be responsible for compliance on date of Contract acceptance. Proposer shall furnish information about the training programs for managers, supervisors and workers covering the following categories: Include training for 1) general cleaning, 2) floor work, 3) carpet cleaning and 4) OSHA standards. Describe in detail your firm's training procedures for complying with above regulations. 10. Cleaning Standards: The following cleaning standards shall be used on a daily basis and during the quality assurance inspection process to assess the quality of cleaning. A. Entrances 1. Mats and carpet shall be free of spots, stains, gum, dirt and debris without causing damage. They shall appear visibly and uniformly clean. Adjoining walls, doors and floor surfaces shall also be free of dust, soil and cleaner residue. 2. Glass and metal surfaces shall appear streak -free, film -free and uniformly clean. This includes the elimination of dust and soil from sills, ledges and heat registers. 3. Corners and thresholds shall be free of dust, cobwebs, dried -soil, crud, finish build-up and debris. These areas shall appear visibly and uniformly clean. This includes the elimination of cleaner residue and dried -slurry. 4. Floors and cove bases shall be free of dust, cobwebs, dried -soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip -resistant seal and finish applied that result in a consistent high -shine, unless otherwise directed by CITY. Floors shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue and film. 5. Walls and fixtures shall be free of dust, cobwebs, dried -soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. Walls behind waste/trash cans need to be cleaned. JANITORIAL SERVICES Page 11 of 62 PROJECT #10150 B. Elevators 1. Tracks shall be free of dirt and debris. Tracks shall appear visibly clean. This includes the elimination of standing water from wet cleaning procedures. 2. Walls and doors shall be free of dust, cobwebs, soil, spots and stains without causing damage. They shall appear streak -free, film -free and uniformly clean. Bright metal surfaces shall be polished to a high -shine. This includes the elimination of polish residue and/or film. 3. Floors, carpet and cove bases shall be free of dust, cobwebs, dried soil, soil, gum, spots, stains and other debris. Hard/resilient floors shall have multiple coats of a slip resistant seal and finish applied that result in a consistent high -shine, unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. C. Corridors 1. Floors and cove bases shall be free of dust, cobwebs, dried -soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip -resistant seal and finish applied that result in a consistent high -shine, unless otherwise directed by CITY. Floors shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue and film. 2. Walls and fixtures shall be free of dust, cobwebs, dried -soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 3. Glass and metal surfaces shall appear streak -free, film -free and uniformly clean. This includes the elimination of dust and soil from sills, ledges and heat registers. 4. Water fountains shall be free of dust, cobwebs, soil, scale and water spots without causing damage. Bright work shall be disinfected and polished to a streak -free shine. Water fountains shall appear visibly and uniformly clean. This includes the elimination of film and cleaner residue. D. Stairwells 1. Rails, walls and all building materials shall be free of dust, cobwebs, dried - soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This included the elimination of film, streaks, lint, standing water, cleaner residue or film. 2. Steps and landings shall be free of dirt and mud track, dust, cobwebs, dried soil, gum, stains and debris. This includes risers and cove bases. JANITORIAL SERVICES Page 12 of 62 PROJECT #10150 These surfaces shall appear uniformly smooth and clean without leaving dust streaks, lint, standing water, cleaner residue or film. E. Restrooms Special Note: Maintaining a sanitary restroom environment that minimizes the possibility of cross -infection is considered of the highest priority by CITY. Sanitation levels shall be closely monitored by inspection, and approved testing methods. Dispensers shall be free of dust, dried -soil, bacteria and soil without causing damage. These surfaces shall appear visibly and uniformly clean and disinfected. This includes the elimination of film, streaks and cleaner residue. Dispensers shall be refilled when required with proper expendable supply item. 2. Hardware shall be free of dust, soil, bacteria and scale without causing damage. Bright work shall appear visibly and uniformly clean, disinfected and polished to a streak -free shine. This includes the elimination of polish residue. No cleaning agents can be used on the sensored faucets. 3. Sinks shall be free of dust, bacteria, soil, cleaner residue and soap film without causing damage. They shall appear visibly and uniformly clean, and polished -dry. This includes the elimination of streaks, embedded soil, film and water spots. 4. Mirrors shall be free of dust and soil. Mirrors and surrounding metal framework shall appear streak -free, film -free and uniformly clean. 5. Toilets, toilet seats and urinals shall be free of dust, cobwebs, bacteria, soil, organic matter, cleaner residue and scale without causing damage. These fixtures shall appear visibly and uniformly clean, disinfected and polished -dry. This includes the elimination of streaks, film and water spots. 6. Partitions and ledges shall be free of dust, cobwebs, soil and graffiti without causing damage. Partitions shall appear visibly and uniformly clean, disinfected and polished -dry. This includes the elimination of streaks and film 7. Waste containers shall have contents removed and can liners replaced. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. 8. Walls and doors shall be free of dust, cobwebs, soil, spots and stains without causing damage. These surfaces shall appear visibly and uniformly clean/disinfected. This included the elimination of film, streaks and cleaner residue. Ceramic walls, wainscots, metal kick plates, handles and push plates on doors shall also be polished -dry. JANITORIAL SERVICES Page 13 of 62 PROJECT #10150 9. Floors and baseboards shall be free of dust, cobwebs, soil, gum, stains and debris. Floors shall have multiple coats of a slip -resistant seal/finish applied that results in a consistent high -shine, unless otherwise directed by CITY. Floors and cove bases shall appear visibly and uniformly clean and disinfected. This includes the elimination of dust streaks, lint, standing water, cleaner residue and film. 10. Air vents shall be free of dust, cobwebs, and soil. This also pertains to air distribution units and exhaust vents. They shall appear visibly and uniformly clean. 11. Light fixtures shall be free of dust, cobwebs, and soil without causing damage. Diffusers shall remain in proper position, and appear streak -free and uniformly clean. F. Common Areas and Copier Areas 1. Counters and equipment shall be free of dust, cobwebs, dried -soil and soil without causing damage. They shall appear visibly and uniformly clean. This includes the elimination of cleaner residue, streaks and film. 2. Walls and doors shall be free of dust, cobwebs, dried -soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 3. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. 4. Floors, carpet and baseboards shall be free of dust, cobwebs, dried -soil, soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip -resistant seal and finish applied that result in a consistent high -shine,- unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. This included the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. G. Offices/Cubicles 1. Common area furniture and equipment shall be free of dust, cobwebs, dried -soil and soil without causing damage. They shall appear visibly and uniformly clean. This includes the elimination of cleaner residue, streaks and film. Individual office desks and work surfaces will be cleaned by CITY of Meridian employee. 2. Lamps shall be free of dust, cobwebs, dried -soil and soil without causing damage. Lamps shall appear visibly and uniformly clean. This includes the elimination of streaks, cleaner residue and film. JANITORIAL SERVICES Page 14 of 62 PROJECT #10150 3. Walls and doors shall be free of dust, cobwebs, dried -soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 4. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. 5. Partitions and ledges shall be free of dust, cobwebs, soil and graffiti without causing damage. Partitions shall appear visibly and uniformly clean. This includes the elimination of streaks, film and cleaner residue. 6. Floors, carpet and baseboards shall be free of dust, cobwebs, dried -soil, soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip -resistant seal and finish applied that result in a consistent high -shine, unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. H. Kitchens/Breakrooms 1. Cabinets, refrigerator and microwave exterior tops, sides and front shall be cleaned and free of dust, soil, cleaner residue and soap film. Sinks and fixtures shall be clean and sanitized. 2. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of any offensive odor emitting from the container. Walls adjoining waste container require special attention and need to be kept clean. 3. Floors and Baseboards shall be free of dust, cobwebs, soil, gum, stains and debris. Floors shall have multiple coats of a slip -resistant seal/finish applied that results in a consistent high -shine, unless otherwise directed by CITY. Floors and cove bases shall appear visibly and uniformly clean and disinfected. This included the elimination of dust streaks, lint, standing water, cleaner residue and film. 4. Walls and fixtures shall be free of dust, cobwebs, dried -soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. JANITORIAL SERVICES Page 15 of 62 PROJECT #10150 I. Conference Rooms 1. Walls and doors shall be free of dust, cobwebs, dried -soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 2. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. 3. Tables and chairs shall be free of dust and soil. These surfaces shall appear visibly and uniformly clean. Tables are to be wiped with cleaner daily to remove all finger prints. 4. Floors, carpet and baseboards shall be free of dust, cobwebs, dried -soil, soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip -resistant seal and finish applied that result in a consistent high -shine, unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. J. Reception Areas 1. Walls and doors shall be free of dust, cobwebs, dried -soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 2. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. 3. Tables and chairs shall be free of dust and soil. These surfaces shall appear visibly and uniformly clean. Tables are to be wiped clean and dried spot free. 4. Floors, carpet and baseboards shall be free of dust, cobwebs, dried -soil, soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip -resistant seal and finish applied that result in a consistent high -shine, unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. Chairs shall be moved occasionally to vacuum underneath. This includes the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. JANITORIAL SERVICES Page 16 of 62 PROJECT #10150 K. Miscellaneous 1. Air vents shall be free of dust, cobwebs, and soil. This also applies to air distribution units and exhaust vents. They shall appear visibly and uniformly clean. 2. Light fixtures shall be free of dust, cobwebs, and soil without causing damage. Diffusers shall remain in proper position, and appear streak -free and uniformly clean. 3. Ceilings shall have all cobwebs removed. 4. Microwave interior and refrigerator interior shall be defined as additional services for an additional fee. L. Miscellaneous Carpet Cleaning/Deep Machine Extraction 1. The professional cleaner shall use truck mounted, heavy duty hot-water extraction method for cleaning of carpets (and upholstered chairs). All cleaning methods and workmanship must be in strict accordance with carpet and furniture manufacturer's requirements. 2. Carpets that are cleaned must be dry within seven (7) hours after completion of work. The Service Provider shall supply and set up fans of adequate size and in sufficient number to ensure carpets will be dry within said time frame. 3. All Service Provider employees providing services must have a minimum of five (5) years of verifiable commercial carpet cleaning experience. 4. The cleaning will take place in the evening after hours, 5. The cleaning operations frequency and locations are noted in the Task Frequency Sheets of Exhibit B. M. Janitor Closets and Storeroom 1. Shelves - Shall be free of dust, cobwebs, dried -soil and soil. They shall appear visibly and uniformly clean. Supplies and equipment shall be stored in an organized fashion, in •their appropriate locations by neatly utilizing shelving space. 2. Storeroom shall appear visibly and uniformly clean. Delivered supplies shall be unpacked and stored, in an organized fashion, in their appropriate locations by neatly utilizing shelving and storage space. 3. Janitor carts shall be free of dust, cobwebs, dried -soil and soil. They shall appear visibly and uniformly clean. Supplies and equipment stored on janitor carts shall also be free of dust and soil, and organized, neatly. JANITORIAL SERVICES Page 17 of 62 PROJECT #10150 4. Walls shall be free of dust, cobwebs, dried -soil and soil without causing damage. They shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 5. Utility sinks shall be free of dust, cobwebs, soil, cleaner residue and soap film. Utility sinks shall appear visibly and uniformly clean. This includes the elimination of streaks, embedded soil, film and water spots. 6. Bright work shall be cleaned, de -scaled and polished. 7. Floors shall be free of dust, dried -soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip -resistant seal and finish applied that result in a consistent high -shine, unless otherwise directed by CITY. Floors shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue and film. N. Trash Removal/Trash Containers/Recycle Containers 1. Waste removal shall be to containers designated by CITY and shall be deposited in such a manner that contents will not fly around causing a mess or nuisance. 2. Waste containers shall be fitted with a liner. 3. Recycle bins in cubicles and office areas shall be emptied as necessary. 11. Security 1. Service Provider will be responsible for compliance with all City security requirements. 2. All doors and windows shall be closed and locked upon completion of cleaning operations in the area. All areas shall be double-checked at end of shift to verify the areas are secured. On occasion, certain areas that are normally open for cleaning may be secured. In such a situation, cleaning shall take place only upon request of the Building Maintenance Technician. Service Provider will not enter any office where the door is closed. 3. Service Provider shall not duplicate any keys for premises unless directed to do so by the Building Maintenance Technician. Service Provider/Supervisory staff must promptly report any lost keys or need for additional keys to the Building Maintenance Technician. 4. To avoid the possibility of tracing lost keys to the premises, the Service Provider shall not put identification on any keys. 5. Service Provider will only access departments through the card reader access doors. JANITORIAL SERVICES Page 18 of 62 PROJECT #10150 A. Background Checks: 1. Service Provider shall hire an independent security firm (specialist) to perform background checks and fingerprinting on all employees, subcontractors, vendors, delivery personnel, or others required to have regular access to the site. These checks will be conducted on an annual basis. Any prior convictions for theft offenses, violent crimes, sexual offenses, and criminal convictions will not be allowed. Cost of background checks will be borne by the Service Provider. 2. Service Provider shall submit a written plan to the City's site representative for review and approval. The plan shall outline procedures proposed for conducting background checks. Submittal shall also contain name and qualifications of the security firm that will perform background checks. 3. The background checks shall check for outstanding warrants (both local and national), verification of U.S. citizenship or appropriate work visa, and known ties to terrorist groups. Only personnel whose background is clear of the listed items shall be allowed to obtain security photo identification/access cards and gain full access to the site. The Service Provider shall provide a list to the City with personnel proposed to have site access privileges. Further the Service Provider must certify that a background check has determined each individual is clear of the listed items B. Photo Identification/Access Cards: 1. Security photo identification/access cards shall be worn at all times by on-site personnel (Service Provider's employees, subcontractors, and others required to have access to site). Only personnel that pass specified background check shall be allowed to wear security photo identification/access cards. 2. Personnel will not be allowed to access site without security photo identification/access cards. Personnel found on-site without photo identification/access cards are to be immediately removed from site. 3. Security photo identification/access cards shall be issued by the City. The City will supply up to 12 photo/identification/access cards the first year at no charge. Additional photo identification/access cards will be at the cost of $20 each, which will be the responsibility of the Service Provider. Lost or stolen cards must be reported immediately and the Service Provider will be responsible for replacement cost. Service Provider shall schedule arrangements with Building Maintenance Technician and Security Coordinator. C. Intrusion Alarms: 1. Service Provider's personnel performing work at service locations equipped with intrusion alarms will be responsible for disarming the alarm upon entering the facility and arming the alarm upon exiting. City's Building Maintenance Technician shall be responsible for furnishing instructions to the Service Provider's supervisory personnel on the correct procedures for operating each intruder alarm system. Awarded Service Provider could be responsible for any false alarm fees due to the improper use of the intrusion system. It JANITORIAL SERVICES Page 19 of 62 PROJECT #10150 shall be the Service Provider's responsibility to instruct any temporary or replacement personnel on the operation of the intruder alarm system. 12. Safety The Service Provider shall be responsible for all necessary training relating to the application of chemicals and the use of equipment as it relates to the Work. Service Provider shall be solely responsible for initiating, supervising and maintaining all needed safety precautions in connection with the Work (i.e. hazardous material communication, blood borne pathogens, etc.). Service Provider shall take all necessary precautions for the safety of, and provide for the necessary protection to prevent damage, injury or loss to employees, bystanders, materials, equipment and property. In so doing, Service Provider shall comply with the applicable rules and regulations of any regulatory body (i.e. OSHA) having jurisdiction over the safety of persons or property. Service Provider shall be liable for any resulting damage arising from its operations. Service Provider will not compromise the safety of City employees or the public through Service Provider's, Service Provider Employees, or Service Provider's Agents actions. Service Provider may be required to maintain an incident log and report OSHA recordable incidents to the Building Maintenance Technician within 24 hours of request. 13. Materials, Supplies and Equipment A. Supplies 1. Service Provider shall furnish all cleaning supplies necessary to do the work. CITY will furnish the following supplies: restroom soap, paper products, plastic bags and feminine products. 2. Ordering supplies will be done via email to the Building Maintenance Technician. 3. Service Provider shall be responsible for stocking supplies in the Janitorial Closets and Basement Janitorial Room. 4. Service Provider shall maintain owner furnished supplies. 5. Service Provider certifies that all materials, equipment, etc., used in the performance of the Work meet all Occupational Safety and Health Act (OSHA) and applicable environmental requirements. 6. A complete list of cleaning materials, supplies and equipment to be used by Service Provider shall be submitted to City prior to the commencement of the Service Agreement. The list must show generic -type, brand name, model number (if applicable), product name (if applicable) and catalogue number. In the case of cleaning chemicals, a copy of the Safety Data Sheets (or Material Safety Data Sheets if Safety Data Sheets are not yet available for the product) must be provided. 7. All cleaning chemicals used by Service Provider shall be in compliance with OSHA's Hazard Communication Standard (HCS). JANITORIAL SERVICES Page 20 of 62 PROJECT #10150 B. Hazardous and Toxic Substances Manufacturers and distributors are required by the Federal Hazardous Communication Standard (29 CFR 1910.1200) to label each hazardous material or chemical container, and to provide Material Safety Data Sheets to the purchaser. Contractor must comply with these laws and must provide CITY with copies of the Material Data Sheets five (5) days prior to performance of services or contemporaneous with delivery of services. The CITY will require that the Contractor maintain an onsite Material Safety Data Sheet three ring binder for all chemicals and substances used in each facility. Binders shall be kept in the primary janitorial closet in each facility. C. Equipment Service Provider will furnish and maintain in good working condition all the necessary cleaning equipment required to maintain the facilities as specified in this Scope of Services including, but not limited to, vacuum cleaners, mops, buffers, strippers, scrubbing machines, extension poles, ladders and carpet extraction equipment. Equipment (vacuums, buffers, pylons, buckets) will be kept clean by the Service Provider and stored in a designated location when not in use. 14. Storage Space A. City may provide some storage space at the various facilities for janitorial supplies and equipment. Due to the limited amount of space, and storage space beyond that which City is presently providing for janitorial equipment is the responsibility of Service Provider. B. Service Provider shall keep storage spaces neat a clean at all times and in accordance with applicable fire codes, regulations and good housekeeping standards. 15. Waste & Recycle Removal All collected trash and recycling must be transported by Service Provider to area(s) designated by the City. Each location will have a collection site(s). 16. Reporting Problems Janitorial staff shall report any operational or maintenance problems encountered during the course of the work to their supervisor at the end of each shift. These issues shall be communicated to the Building Maintenance_ Technician by Service Provider's supervisory and/or managerial staff by 12:00 PM on the following business day. The supervisor will alert City if supply stock is below two weeks. 17. Performance / Evaluation of Work The level of cleaning is extremely important. Quality of work will be formally evaluated through inspections scheduled by the Building Maintenance Technician at the CITY's discretion. Evaluation of work will include the following: 1. Adherence to work schedule for all scheduled work tasks 2. Performance and quality of cleaning for scheduled work tasks 3. Repetition of violations of work tasks not performed during the month JANITORIAL SERVICES Page 21 of 62 PROJECT #10150 4. Response time to correct substandard work 5. Adherence to all specifications and requirements of the contract documents 18. Inspections, Inquiries and Complaints A. CITY's Building Maintenance Technician or designee shall conduct regular/random inspections of the premises to ensure compliance with the work required by this contract. B. Extra work authorized by the Building Maintenance Technician will also be inspected on a regular basis and performed to the standards of CITY. C. Service Provider/Supervisor will make sufficient daily routine inspection prior to closing to ensure the work is performed as required by this Contract. D. The Service Provider's supervisor shall be available, upon request, for inspections with the Building Maintenance Technician. Supervisor will be expected to be on site at the City by noon of the same day of notification to correct any deficiencies in work, unless otherwise approved. E. Non -completed and deficient work must be corrected within two (2) hours for daily and weekly tasks and 48 hours all other tasks. F. Service Provider's Supervisor will notify Building Maintenance Technician once deficiency is corrected. G. Failure to respond within the time frame will be cause for assessment and damage charges. 19. Communications Service Provider shall not contact clients unless specifically directed to by the Building Maintenance Technician. All communication between CITY and SERVICE PROVIDER shall be through the Building Maintenance Technician with email being the primary method of communication and a phone call the secondary method of communication. Service Provider/staff sfiall return Building Maintenance Technicians phone calls within four (4) hours of receipt. If requested, daily or weekly checklists or reports may be required by the Service Provider to ensure work is being completed. ' 20. Service Complaint Penalties A. Service Provider will be allowed no more than three substantiated complaints per location per month related to the non-performance or unsatisfactory performance of work included in the Contract. City will levy a $100 penalty each location with substantiated complaints above that threshold. B. In the case of non -performed work, CITY may: 1. Withhold from Service Provider's invoice all billings associated with that location for non -performed work as set out in Contract. 2. Perform the services with CITY personnel or other means. C. In the case of unsatisfactory work, CITY may: JANITORIAL SERVICES Page 22 of 62 PROJECT #10150 1. Withhold payment from Service Provider's invoice all billings associated with that location for unsatisfactory work as set out in Contract. 2. Perform the services with CITY personnel or other means. D. Should CITY elect options A or B above, CITY will also deduct all costs, including administrative costs, incurred by CITY to obtain satisfactory completion of the services. E. Repeated instances of non-performance or non -satisfactory performance will be grounds for termination of the Contract for the default pursuant to the terms of the Contract. F. If the Service Provider fails to perform the work required by the terms of the Contract and subsequent work requests in a diligent and satisfactory manner, the City may terminate said Contract, and perform or cause to be performed all or any part of the work needed to complete and/or correct same. The Service Provider agrees that it will reimburse the City for any expense incurred therefrom, and the City, at its election, may deduct said amounts from any sum owing the Service Provider. The waiver by the City of a breach of any provision of the contract by the Service Provider shall not operate or be construed as a waiver of any subsequent breach by the Service Provider. 21. Turning Off Lights Janitorial staff is expected to turn off all lights as they complete their work with the exception of those that are designated to remain on as determined by City. 22. Lost and Found Service Provider shall be responsible for ensuring that all articles found by its personnel are turned in to the nearest City lost and found location, as managed by City or agent in charge of such articles, not later than by the end of each shift. 23. Suspension of Work CITY unilaterally may order Service Provider, in writing, to suspend, delay or interrupt all or any part of the work for such period of time as they may determine to be in the best interest of CITY. Reasons may include, but are not limited to, the following: A. Fire or other casualty, which renders the facility or any part thereof, unfit for occupancy or use immediately. B. Interruption of facility services or systems, such as utilities, elevator, plumbing, electrical, heating/cooling systems, which renders the facility or any part thereof unfit for occupancy or use immediately. C. A facility or any part thereof remaining vacant or unoccupied immediately by virtue of CITY relocating the occupants to another facility, or performing remodeling, renovations, and/or construction within a facility or part thereof. 24. Notice of Suspension of Work CITY will give notice of suspension of work and effective date as follows: A. If work suspension is due to 23 "A" or "B" above, verbal notice will be given within twenty-four (24) hours of effective date, written confirmation to follow. JANITORIAL SERVICES Page 23 of 62 PROJECT #10150 B. If suspension is due to 23 "C" above, written notice will be given at least ten (10) working days in advance prior to effective date. C. Reduction in payment during a suspension period will be calculated on prorated basis of the proportion of the monthly rate listed on the Proposal Form. 25. Interrupted Service In the event that CITY declares an emergency due to road or weather conditions or other reasons, and the building is closed for the day or opens late, or closes early, CITY may grant excused absences to Service Provider's employees or may require Service Provider to have the employees make up the lost time in order to complete the Janitorial duties. Service Provider must make every effort to provide Janitorial services, particularly if the occurrence is on a Friday or is on a day preceding a holiday. Work should be performed during the holiday or weekend so that the building will be cleaned prior to office hours on the following work day. 26. Conduct of Employees Employees of Service Provider, while performing work under this contract, will not: A. Remove any CITY of Meridian property or personal property, equipment, monies, forms, or any other item from their place. B. Engage in horseplay or loud boisterous behavior. C. Play amplified sound equipment. D. Be under the influence of alcohol or drugs. E. Smoke within the building. F. Bring unauthorized personnel to job site (e.g., relatives, friends, guests and children). G. Turn on or off or use any CITY equipment other than Service Provider's equipment. H. Use any CITY telephone except a telephone designated by the building management for the purpose of business under this contract. I. Open any desk, file cabinet, storage cabinet or refrigerator. J. Disturb or remove any article from desks. K. Consume any food or beverage, other than that brought with the employee or purchased from vending machines, and only in areas designated by the building management for regular breaks. L. Engage in long conversations with visitors or other individuals. M. Take photographs of the building or its content. N. Remove any documents, records, forms or paper of any kind which is not either in trash cans or clearly marked as trash. O. Engage in any activity which is not in the best interest of CITY or is otherwise detrimental to the performance of this Contract. If an employee arrives to the work site and their actions suggest intoxication, this --person will be asked to confine their presence to a waiting area while a contract supervisor is contacted to the purpose of escorting the employee away from the building safely. P. Enter any office where the door is closed. JANITORIAL SERVICES Page 24 of 62 PROJECT #10150 27. Discipline or Discharge of Employees Any Service Provider's employee whose employment or performance is objectionable to CITY shall be immediately transferred from the premises. A request by CITY to transfer an employee shall not constitute an order to discipline or discharge the employee. All actions taken by the Service Provider in regards to employee discipline shall be at the sole discretion of the Service Provider. The department shall be held harmless in any disputes the Service Provider may have with the Service Provider's employees. This shall include, but is not limited to, charges of discrimination, harassment, and discharge without just cause. JANITORIAL SERVICES Page 25 of 62 PROJECT #10150 EXHIBIT B TASK FREQUENCY SHEETS City Hall 33 E Broadway Ave Services to be provided during non -business hours Monday through Friday Contact: Eric Jensen Phone: (208) 489-0374 email: eiensen@meridiancity.org Internal Stairwells, Main Halls and Common Areas Task Weekly Monthly Quarterly Comments Carpet Areas & Floor Mats: Thoroughly vacuum using 5x beater bar/brush type vacuum Hard surface floors: Vacuum loose dirt & debris, then remove stains/spills with non -tracking, no -buildup 5x cleaner Includes all hard surface floors throughout City Hard surface floors: Scrub and buff 1x Hall. Frequency may need to be increased with -the season. Wet mop stairwells ix Deep Machine Extraction with Mounted Unit Annually Scheduled by City Strip all tile and linoleum floors Semi - Annually Scheduled by City Apply wax and sealer to all tile and linoleum floors Semi - Annually Scheduled by City Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture 1x tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, 1x moldings, ledges, pipes, ducts and vents, structural members. Dust main entry raised artwork Annually Glass Cleaning: Clean both side of glass at Council Chambers, Historical Society, common areas, and 1x conference room A. Elevator Cars Task Weekly Monthly Quarterly Comments Floor: Vacuum loose dirt & debris, then remove 5x stains/spills with non -tracking, no -buildup cleaner Scrub and buff 1x JANITORIAL SERVICES Page 26 of 62 PROJECT #10150 Strip and wax Semi -Annually Scheduled by City Walls: Wipe down with appropriate streak free cleaner 5x Vacuum or clean vents and grills (low and high) ix including ceiling Elevator control panel: (inside and outside elevator) 5x Wipe clean with appropriate sanitizing cleaner Door Threshold: (all floors) Vacuum, then wipe clean 5x with appropriate no -buildup metal cleaner. Office Spaces Task Weekly Monthly Quarterly Comments Trash: Empty (new can liner if needed) 5x Floors: Vacuum entire office area (individual offices, 5x halls, copier room etc) Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture 1 x tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, 1x moldings, ledges, pipes, ducts and vents, structural members. Recycle Bins: Empty recycle bins in each cubicle and 1x office Deep Machine Extraction with Mounted Unit Annually Scheduled by City Art Gallery — T Floor Task Weekly Monthly Quarterly Comments' Trash: Empty (new can liner if needed) 5x Floors: Vacuum entire gallery area 5x Dust: Top of all furniture, equipment, counters, picture 1x frames etc Deep Machine Extraction with Mounted Unit Annually Scheduled by City All Building Entrances and Basement Elevator Approaches ' Task Weekly Monthly Quarterly Comments Clean and empty trash receptacles and recycle bins 5x Vacuum steps and landing area, vacuum floor mats with 5x beater bar/brush. Hard surface floors, vacuum then remove spills/stains 5x with non -buildup cleaner. Scrub and buff monthly 1 x Clean doors and both sides of glass, clean and sanitize 5x door handles Kitchen and Break Areas Task Weekly Monthly Quarterly Comments Clean and sanitize counters and table tops 5x JANITORIAL SERVICES Page 27 of 62 PROJECT #10150 Clean sinks and fixtures 5x Clean top and front of refrigerators and microwave Not required to ovens 5x clean inside of appliances. Floors: Hard surface treat as above, carpet vacuum 5x See Internal daily Stairwells above. Towel Dispensers: Check daily and refill as needed 5x Soap Dispensers: Check daily and refill as needed 5x Deep Machine Extraction with Mounted Unit Annually Scheduled by City General Cleaning of Offices, Cubes, Conferences, Common Areas, Reception Areas and Copy Rooms Task Weekly Monthly Quarterly Comments See hall and entrance Vacuum low traffic halls, entire offices and entire requirements conference room 1x above. Backpack vacuuming in these areas are acceptable. Mechanical Agitation of halls, entire offices and entire 1x conference rooms Task schedule to Deep Machine Extraction with Mounted Unit Annually be approved by owner. Empty wastebaskets (new liners as needed) 5x Empty recycle bins 1x Damp wipe and dry counters 5x Clean and sanitize drinking fountains 5x Doors: Clean and sanitize handles both sides 5x Doors: Clean glass, both sides 5x High dusting: Window ledges 1x Vacuum or clean vents and grills (low and high) ix Task schedule to be approved by including ceiling owner. Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture 1x tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, 1x moldings, ledges, pipes, ducts and vents, structural members. Spot clean walls, partitions 5x Task schedule to Window Blinds: Dust ix be approved by owner. Wipe blinds with no streak, no buildup cleaner or ultra- Annually Task schedule to TT approved by sonic clean. owner. JANITORIAL SERVICES Page 28 of 62 PROJECT #10150 Spot clean all other doors and light switches 5x Check daily, clean as needed Polish or clean kick plates and handrails 1x Any stain smaller than the size of a Carpet: Remove all spots/stains on carpet 5x dinner plate This includes any gum on carpet. Glass Cleaning: Clean both side of glass at department 1x entries. Deep Machine Extraction with Mounted Unit Annually Scheduled by City Restroom (all floors, including showers in basement) Task Weekly Monthly Quarterly Comments Empty trash and waste containers 5x Refill all dispensers (paper, soap, etc) 5x Change air fresheners 2x Clean mirrors and bright work 5x Clean and sanitize toilets and urinals, sinks, counters No cleaning agents and partitions 5x on sensored fixtures Clean furnishings (shelving, dispensers, etc) 5x Thorough cleaning & sanitation of shower walls and 5x floors. Spot clean walls 5x Rinse and sanitize all the and linoleum floors 5x Pour water into floor drain 5x Clean and sanitize door handles and plates 5x Machine clean floors and baseboard includes buffing 1x 1 week of month Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture 1x tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, 1x moldings, ledges, pipes, ducts and vents, structural members. IT Server Room (3rd Floor Ste. 304) Task Weekly Monthly Quarterly Comments Task schedule to be approved by Hand clean the floor of server room Semi - Annually owner. Basement (Occupied Office Space, including bicycle storage) Task Weekly Monthly Quarterly Comments Empty trash, new liners as needed 1 x Vacuum floor, remove stains/spills with no -buildup 1x cleaner Dust flat surfaces 1x JANITORIAL SERVICES Page 29 of 62 PROJECT #10150 Recycle Bins: Empty recycle bins in each office 1x Basement (Workout'Area) Task Weekly Monthly Quarterly Comments Empty trash, new liners as needed 1x Vacuum floor, remove stains/spills with no -buildup 1x cleaner Dust flat surfaces 1x Wipe down equipment with approved disinfectant 1x Deep Machine Extraction with Mounted Unit Annually Scheduled by City 2nd Floor (Unoccupied Office Space) Task Weekly Monthly Quarterly Comments Sweep floor 1x Wet mop floor 1 x Windows Task Weekly I Monthly I Quarterly Comments Wash exterior side of exterior windows Semi - Annually Task schedule to be approved by owner. Wash interior side of exterior windows Annually Task schedule to be approved by owner. Day Porter Duties Task Weekly Monthly Quarterly Comments Clean front entrance door glass, sweep, mop and sr vacuum hallways, corridors and public areas as necessary, wipe down employee breakroom on 2°d Floor, replace paper towels and soap in break areas, and maintain restrooms, including restocking paper products and soaps if needed, and other duties as assigned 5x Between hours of 12:00 p.m. and 2:00 p.m. Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all lights except designated lights. o All trash is to be placed in the City Hall dumpster located on the south side of the building o All recycling is to be placed in the City Hall recycle dumpster located on the south side of the building • Cleaning supervisor to inspect all close out work prior to leaving facility JANITORIAL SERVICES Page 30 of 62 PROJECT #10150 Police Station Administration Building 1401 E Watertower Services to be provided during business hours Monday through Friday Contact: Jeff Lavey Phone: 208 846=7370 Fax: 208 884-5077 General Cleaning of Offices, Cubes, Conferences, Common Areas, Reception Areas and Copy Rooms Task Weekly Monthly Quarterly Comments Carpet Areas & Floor Mats: Thoroughly vacuum using 5x beater bar/brush type vacuum Public Meeting Rm Deep Machine Extraction with Mounted Unit Semi -Annually Patrol Rm Briefing Rm Deep Machine Extraction with Mounted Unit Annually All other offices (if requested) Hard surface floors: Vacuum loose dirt & debris, then remove stains/spills with non -tracking, no -buildup 5x cleaner Scrub and buff 1x Strip all tile and linoleum floors Semi -Annually Apply wax and sealer to all tile and linoleum floors Semi -Annually Vacuum low traffic halls, entire offices and entire 5x conference room Empty wastebaskets (new liners as needed) 5x Empty Recycle bins 2x Damp wipe and dry counters 5x Clean and sanitize drinking fountains 5x Doors: Clean and sanitize handles both sides 5x Doors: Clean glass, both sides 5x Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture 1x tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, 1x moldings, ledges, pipes, ducts and vents, structural members. Vacuum or clean vents and grills (low and high) 1x Task schedule to be approved by including ceiling owner. Dust tops of cabinets, pictures frames, ledges and ix Task schedule to be approved by partitions owner. Spot clean walls, partitions 5x Window Blinds: Dust 1x JANITORIAL SERVICES Page 31 of 62 PROJECT #10150 Wipe blinds with no streak, no buildup cleaner or ultra- Annually Task schedule to TT approved by sonic clean. owner. Spot clean all other doors and light switches 5x Check daily, clean as needed Polish or clean kick plates and handrails 3x Any stain smaller than the size of a Carpet: Remove all spots/stains on carpet. 5x dinner plate This includes any gum on carpet. Internal Stairwells; Main Halls and Common Areas Task Weekly Monthly Quarterly Comments Carpet Areas & Floor Mats: Thoroughly vacuum using 5x beater bar/brush type vacuum.. Deep Machine Extraction with Mounted Unit Annually Hard surface floors: Vacuum loose dirt & debris, then remove stains/spills with non -tracking, no -buildup 5x cleaner This includes all hard surface floors throughout. Hard surface floors: Scrub and buff 1x Frequency may need to be increased with season. Wet mop stairwells 1X Task schedule to Strip all the and linoleum floors Semi - Annually be approved by owner. Task schedule to Apply wax and sealer to all tile and linoleum floors Semi - Annually be approved by owner. Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture 1x tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, 1x moldings, ledges, pipes, ducts and vents, structural members. Glass Cleaning: Clean both side of glass. 1x Elevator Cars Task Weekly Monthly Quarterly Comments Floor: Vacuum loose dirt & debris, then remove 5x stains/spills with non -tracking, no -buildup cleaner Scrub and buff 1x Task schedule to Strip and wax Semi -Annually be approved by owner. JANITORIAL SERVICES Page 32 of 62 PROJECT #10150 Walls: Wipe down with appropriate streak free cleaner 5x Vacuum or clean vents and grills (low and high) including ceiling 1x Elevator control panel: (inside and outside elevator) 5x Wipe clean with appropriate sanitizing cleaner Door Threshold: (all floors) Vacuum, then wipe clean 5x with appropriate no -buildup metal cleaner. Kitchen and Break Areas': Task Weekly Monthly Quarterly Comments Clean and sanitize counters and table tops 5x No cleaning agents Clean sinks and Fixtures 5x on sensored fixtures Clean top and front of refrigerators and micro wave 5x oven Clean hard surface floors (treat as above) 5x Towel Dispensers: Check daily and refill as needed 5x Check and refill as necessary Soap Dispensers: Check daily and refill as needed 5x Check and refill as necessary Empty waste basket (New liners as needed) 5x Restroom Task Weekly Monthly Quarterly Comments' Empty trash and waste containers 5x Refill all dispensers (paper, soap, etc) 5x Refill air fresheners 2x Clean mirrors and bright work 5x Clean and sanitize toilets and urinals, sinks, counters No cleaning agents and partitions 5x on sensored fixtures Clean furnishings (shelving, dispensers, etc) 5x Thorough cleaning & sanitation of shower walls and 5x floors. Spot clean walls 5x Rinse and sanitize all tile and linoleum floors 5x Pour water into floor drain 5x Clean and sanitize door handles and plates 5x Machine clean floors and baseboard includes buffing 1x 15` week of month Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture ix tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, 1x moldings, ledges, pipes, ducts and vents, structural members. JANITORIAL SERVICES Page 33 of 62 PROJECT #10150 Windows K-9 Facility Task Weekly Monthly Quarterly Comments Wash exterior side of exterior windows Semi - Annually Monthly Wash interior side of exterior windows Annually Task schedule to be approved by owner. Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all lights except designated lights o All trash is to be hauled to the onsite dumpster o All recycling is to be placed in the recycle dumpster POLICE STATION K-9 Facility 1401 E Watertower Services to be provided during business hours on Monday (unless noted otherwise) Restroom Cleaning Task Weekly Monthly Quarterly Comments Empty trash and waste containers 1x Refill all dispensers (paper, soap, etc) 1x Change air fresheners 2x Clean mirrors and bright work 1x Clean and sanitize toilets and urinals, sinks, counters 1x No cleaning agents and partitions on sensored fixtures Clean furnishings (shelving, dispensers, etc) 1x Thorough cleaning & sanitation of shower walls and 1x floors. Spot clean walls 1x Rinse and sanitize all tile and linoleum floors 1 x Pour water into floor drain 1x Clean and sanitize door handles and plates 1x Machine clean floors and baseboard includes buffing 1x 1st week of month Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture 1x tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. JANITORIAL SERVICES Page 34 of 62 PROJECT #10150 High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, moldings, ledges, pipes, ducts and vents, structural members. Contact: Jeff Lavey Phone: 208 846-7370 Fax:208 884-5077 1x Task Weekly Workout Area Task Weekly Monthly Quarterly Comments Empty trash, new liners as needed 5x Annually Empty wastebaskets (new liners as needed) Vacuum floor, remove stains/spills with no -buildup cleaner 5x Empty Recycle bins Dust flat surfaces 5x Damp wipe and dry counters Wipe down equipment 5x Doors: Clean and sanitize handles both sides Hallway Task Weekly Monthly Quarterly Comments Scrub and buff 1 x Strip all tile and linoleum floors Annually Apply wax and sealer to all tile and linoleum floors Annually Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all lights except designated lights o All trash is to be hauled to the onsite dumpster o All recycling is to be placed in the recycle dumpster POLICE STATION PSTC 1223 E Watertower Services to be provided during business hours on Tuesday and Thursday Contact: Jeff Lavey Phone: 208 846-7370 Fax:208 884-5077 Reception and Office Task Weekly Monthly Quarterly Comments Carpet Areas & Floor Mats: Thoroughly vacuum using beater bar/brush type vacuum 5x Deep Machine Extraction with Mounted Unit Annually Empty wastebaskets (new liners as needed) 5x Empty Recycle bins 1x Damp wipe and dry counters 5x Doors: Clean and sanitize handles both sides 5x Doors: Clean glass, both sides 5x JANITORIAL SERVICES Page 35 of 62 PROJECT #10150 Glass Partition at Office/Admin Area: Clean both 1x sides of glass with non -streak cleaner Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture 1x tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, ix moldings, ledges, pipes, ducts and vents, structural members. Vacuum or clean vents and grills (low and high) Task schedule to including ceiling 1x be approved by owner. Dust tops of cabinets, pictures frames, ledges and 1x Task schedule to be approved by partitions owner. Spot clean walls, partitions 5x Window Blinds: Dust 1x Wipe blinds with no streak, no buildup cleaner or ultra- Annually Task schedule to be approved by sonic clean. owner. Spot clean all other doors and light switches 5x Check daily, clean as needed Polish or clean kick plates and handrails 3x Any stain smaller than the size of a Carpet: Remove all spots/stains on carpet. 5x dinner plate This includes any gum on carpet. Clean and sanitize counters and table tops 5x No cleaning agents Clean sinks and Fixtures 5x on sensored fixtures Clean top and front of refrigerators and micro wave 5x oven Towel Dispensers: Check daily and refill as needed 5x Check and refill as necessary Soap Dispensers: Check daily and refill as needed 5x Check and refill as necessary Entries and vestibules Task Weekly Monthly Ouarterly Comments Vacuum floor, remove stains/spills with no -buildup 2x cleaner Glass: Clean glass with non -streak cleaner 3x Doors: Clean and sanitize handles both sides 5x Doors: Clean glass, both sides 5x Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture 1x tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. JANITORIAL SERVICES Page 36 of 62 PROJECT #10150 High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, 1x moldings, ledges, pipes, ducts and vents, structural members. Common Areas and Corridors Task Weekly Monthly ; Quarterly Comments Hard surface floors: Vacuum loose dirt & debris, then remove stains/spills with non -tracking, no -buildup 5x cleaner Scrub and buff ix Strip all tile and linoleum floors Semi -Annually Apply wax and sealer to all the and linoleum floors Semi -Annually Empty wastebaskets (new liners as needed) 5x Empty recycle bins 1x Damp wipe and dry counters 5x Clean and sanitize drinking fountains 5x Doors: Clean and sanitize handles both sides 5x Doors: Clean glass, both sides 5x Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture 1x tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, 1x moldings, ledges, pipes, ducts and vents, structural members. Vacuum or clean vents and grills (low and high) 1x Task schedule to be approved by including ceiling owner. Dust tops of display cases, cabinets, pictures frames, 1 x Task schedule to be approved by ledges and partitions owner. Spot clean walls, partitions 5x Task schedule to High and Low Window Blinds: Dust 1x be approved by owner. Wipe blinds with no streak, no buildup cleaner or ultra- Annually Task schedule to be approved by sonic clean. owner. Spot clean all other doors and light switches 5x Check daily, clean as needed Polish or clean kick plates and handrails 1x Vending Area Task Weekly Monthly Quarterly Comments Hard surface floors: Vacuum loose dirt & debris, then remove stains/spills with non -tracking, no -buildup 5x cleaner Scrub and buff 1x Strip all tile and linoleum floors Semi -Annually JANITORIAL SERVICES Page 37 of 62 PROJECT #10150 Apply wax and sealer to all tile and linoleum floors Semi -Annually Clean and sanitize counters and table tops 5x Clean sinks and Fixtures 5x Clean top and front of refrigerators and micro wave oven 5x Towel Dispensers: Check daily and refill as needed 5x Check and refill as necessary Soap Dispensers: Check daily and refill as needed 5x Check and refill as necessary Empty waste basket (New liners as needed) 5x Restroom Task Weekly Monthly Quarterly Comments Hard surface floors: Vacuum loose dirt & debris, then remove stains/spills with non -tracking, no -buildup cleaner 5x Scrub and buff 1x Strip all tile and linoleum floors Semi -Annually Apply wax and sealer to all tile and linoleum floors Semi -Annually Empty trash and waste containers 5x Refill all dispensers (paper, soap, etc) 5x Doors: Clean and sanitize handles both sides 5x Doors: Clean glass, both sides 5x Refill air fresheners 2x Clean mirrors and bright work 5x Clean and sanitize toilets and urinals, sinks, counters and partitions 5x No cleaning agents on sensored fixtures Clean furnishings (shelving, dispensers, etc) 5x Spot clean walls 5x Rinse and sanitize all tile and linoleum floors 5x Pour water into floor drain 5x Clean and sanitize door handles and plates Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. 1x High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, moldings, ledges, pipes, ducts and vents, structural members. 1x Mat Room Area Task Weekly Monthly Quarterly Comments Empty trash, new liners as needed 1x Vacuum floor, remove stains/spills with no -buildup cleaner 1x JANITORIAL SERVICES Page 38 of 62 PROJECT #10150 Dust horizontal surfaces to hand height (up to 70 1x inches). This includes windowsills, ledges and furniture tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches 1x to ceiling) all horizontal surfaces, including any shelves, moldings, ledges, pipes, ducts and vents, structural members. Doors: Clean and sanitize handles both sides 5x Doors: Clean glass, both sides 5x Wipe down mats and equipment with approved 1 x sanitizer Windows Task Weekly, Monthly Quarterly Comments Wash exterior side of exterior windows Semi - Annually Wash interior side of exterior windows Annually Classrooms and Training Room Task Weekiy Monthly Quarterly Comments Empty trash, new liners as needed 5x Empty Recycle bins 5x Vacuum floor, remove stains/spills with no -buildup 2x cleaner Dust horizontal surfaces to hand height (up to 70 1x inches). This includes windowsills, ledges and furniture tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches 1x to ceiling) all horizontal surfaces, including any shelves, moldings, ledges, pipes, ducts and vents, structural members. Deep Machine Extraction with Mounted Unit Annually Doors: Clean and sanitize handles both sides 5x Doors: Clean glass, both sides 5x Glass Cleaning at One-way Window: Clean with non- 2x streak cleaner Wipe down work surfaces (desks, tables, etc. - excludes 2x electronics) Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all lights except designated lights o All trash is to be hauled to the onsite dumpster o All recycling is to be placed in the recycle dumpster WATER DEPARTMENT JANITORIAL SERVICES Page 39 of 62 PROJECT #10150 Administration Building 2235 NW 8th St Services to be provided AFTER business hours on Tuesday and Thursday Contact: Dennis Teller Phone: 208 888-5242 Fax: 208 884-1159 General Cleaning of Offices, Cubes, Conferences, Common Areas, Reception Areas and Copy Rooms Task Weekly Monthly Quarterly Comments Carpeted Areas: Vacuum all traffic halls, stairs, entire offices and entire 2x conference room, break rooms Thoroughly vacuum high traffic areas using beater 2x bar/brush type vacuum Deep Machine Extraction with Mounted Unit Annually Hard surface floors: Vacuum loose dirt & debris, then 2x remove stains/spills with non -tracking, no -buildup cleaner Hard surface floors: Machine clean floors and 1x baseboard includes buffing Strip all tile and linoleum floors Semi -Annually Apply wax and sealer to all the and linoleum floors Semi -Annually Empty wastebaskets (new liners as needed) 2x Empty Recycle Bins ix Damp wipe and dry counters in common 2x o areas/reception areas/ copier/fax areas Clean and sanitize counters and table tops in kitchen 2x areas Clean and sanitize all kitchen sinks and fixtures 2x Clean top and front of refrigerators and micro wave 2x oven Clean and sanitize drinking fountains 2x Doors: Clean and sanitize handles both sides 2x Doors: Clean glass, both sides 2x Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture 1x tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, 1X moldings, ledges, pipes, ducts and vents, structural members. Vacuum or clean vents and grills (low and high) 1X Task schedule to be approved by including ceiling owner. JANITORIAL SERVICES Page 40 of 62 PROJECT #10150 Dust tops of cabinets, pictures frames, ledges and 1X Task schedule to be approved by partitions owner. Spot clean walls, partitions 2x Window Blinds: Dust ix Wipe blinds with no streak, no buildup cleaner or ultra- Annually Task schedule to be approved by sonic clean. owner. Spot clean all other doors and light switches 2x Check daily, cleanas needed Polish or clean kick plates and handrails 2x Any stain smaller than the size of a Carpet: Remove all spots/stains on carpet. 2x dinner plate This includes any gum on carpet. Restroom Task Weekly Monthly Quarterly Comments Empty trash and waste containers 2x Refill all dispensers (paper, soap, etc) 2x Refill air fresheners 2x Clean mirrors and bright work 2x Clean and sanitize toilets and urinals, sinks, counters No cleaning agents and partitions 2x on sensored fixtures Clean furnishings (shelving, dispensers, etc) 2x Thorough cleaning & sanitation of shower walls and floors. 2x Spot clean walls 2x Rinse and sanitize all tile and linoleum floors 2x Pour water into floor drain 2x Clean and sanitize door handles and plates 2x Machine clean floors and baseboard includes buffing 1x 1st week of month Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture ix tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, 1x moldings, ledges, pipes, ducts and vents, structural members. Windows Task Weekly Monthly Quarterly Comments Task schedule to Wash exterior side of exterior windows Semi - Annually be approved by owner. Task schedule to Wash interior side of exterior windows Annually be approved by owner. Entries and Vestibules JANITORIAL SERVICES Page 41 of 62 PROJECT #10150 Vacuum floor, remove stains/spills with no -buildup cleaner 2x Glass: Clean both sides of glass with non -streak cleaner 2x Doors: Clean and sanitize handles both sides 2x Doors: Clean glass, both sides 2x Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all lights except designated lights o All trash is to be hauled to the onsite dumpster o All recycling is to be placed in the recycle dumpster JANITORIAL SERVICES Page 42 of 62 PROJECT #10150 WASTEWATER RESOURCE RECOVERY FACILITY Administration Building 3401 N Ten Mile Rd Services to be provided AFTER business hours on Monday, Wednesday and Friday Contact: Laurelei McVey Phone: 208 888-2191 Fax: 208 884-0744 General Cleaning of Offices, Cubes, Conferences, Common Areas, Reception Areas and Copy Rooms Task Weekly Monthly `Quarterly Comments Carpeted & Hard Surface Areas: Vacuum all traffic halls, stairs, entire offices and entire conference room, 3x break rooms Thoroughly vacuum high traffic areas using beater 3x bar/brush type vacuum Deep Machine Extraction with Mounted Unit Annually Hard surface floors: Vacuum loose dirt & debris, then remove stains/spills with non -tracking, no -buildup 3x cleaner Hard surface floors: Machine clean floors and 1x baseboard includes buffing Strip all tile and linoleum floors Semi -Annually Apply wax and sealer to all tile and linoleum. floors Semi -Annually Empty wastebaskets (new liners as needed) 3x Empty Recycle Bins 1x Damp wipe and dry counters in common 3x areas/reception areas/ copier/fax areas Clean and sanitize counters and table tops in 3x kitchen/break areas Clean and sanitize all kitchen sinks and fixtures 3x Clean top and front of refrigerators and micro wave 3x oven Refill all dispensers (paper, soap, etc) in kitchen/break 3x area Clean and sanitize drinking fountains 3x Doors: Clean and sanitize handles both sides 3x Doors: Clean glass, both sides 3x Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and 1x furniture tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. JANITORIAL SERVICES Page 43 of 62 PROJECT #10150 High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any 2x shelves, moldings, ledges, pipes, ducts and vents, structural members. Vacuum or clean vents and grills (low and high) ix Task schedule to be approved by including ceiling owner. Dust tops of cabinets, pictures frames, top of 2x Task schedule to TT approved by interpretive information monitors, ledges and partitions owner. Spot clean walls, partitions 3x Window Blinds: Dust all blinds 1x Window Blinds: Wipe blinds in high ceiling areas with no streak, no buildup cleaner or ultra -sonic Annually cleaner Wipe blinds with no streak, no buildup cleaner or ultra- Annually Task schedule to be approved by sonic clean owner. Spot clean all other doors and light switches 3x Check daily, clean as needed Polish or clean kick plates and handrails 3x Any stain smaller than the size of a Carpet: Remove all spots/stains on carpet. 3x dinner plate This includes any gum on carpet. Restroom Task Weekly Monthly Quarterly Comments Empty trash and waste containers 3x Refill all dispensers (paper, soap, etc) 3x Refill air fresheners 2x Clean mirrors and bright work 3x Clean and sanitize toilets and urinals, sinks, counters 3x No cleaning agents and partitions - on sensored fixtures Clean furnishings (shelving, dispensers, etc) 3x Thorough cleaning & sanitation of shower walls and 3x floors. Spot clean walls 3x Rinse and sanitize all tile and linoleum floors 3x Pour water into floor drain 3x Clean and sanitize door handles and plates 3x Machine clean floors and baseboard includes buffing 1x 1S week of month Dust horizontal surfaces to hand height (up to 70 1x inches). This includes windowsills, ledges and furniture tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches 1x to ceiling) all horizontal surfaces, including any shelves, moldings, ledges, pipes, ducts and vents, structural members. JANITORIAL SERVICES Page 44 of 62 PROJECT #10150 Internal Stairwells, Main Hails and Common Areas Task Weekly Monthly Quarterly Comments Carpet Areas & Floor Mats: Thoroughly vacuum 3x using beater bar/brush type vacuum.. Hard surface floors: Vacuum loose dirt & debris, then remove stains/spills with non -tracking, no -buildup 3x cleaner This includes all hard surface floors throughout. Hard surface floors: Scrub and buff 1x Frequency may need to be increased with season. Wet mop stairwells 1X Task schedule to Strip all tile and linoleum floors Semi - Annually be approved by owner. Task schedule to Apply wax and sealer to all the and linoleum floors Semi - Annually be approved by owner. Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture 1x tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, 1 x moldings, ledges, pipes, ducts and vents, structural members. Glass Cleaning: Clean both side of glass. 1x Elevator Cars . Task Weekly Monthly Quarterly Comments Floor: Vacuum loose dirt & debris, then remove 3x stains/spills with non -tracking, no -buildup cleaner Scrub and buff 1 x Task schedule to Strip and wax Semi -Annually d be approved by owner. Walls: Wipe down with appropriate streak free cleaner 3x Vacuum or clean vents and grills (low and high) 1X including ceiling Elevator control panel: (inside and outside elevator) 3x Wipe clean with appropriate sanitizing cleaner Door Threshold: (all floors) Vacuum, then wipe 3x clean with appropriate no -buildup metal cleaner. Windows Task Weekly, Monthly Quarterly Comments' JANITORIAL SERVICES Page 45 of 62 PROJECT #10150 Wash exterior side of exterior windows Task schedule to Semi - Annually be approved by owner. Task schedule to Wash interior side of exterior windows Annually be approved by owner. Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all lights except designated lights o All trash is to be hauled to the onsite dumpster o All recycling is to be placed in the recycle dumpster WASTEWATER RESOURCE RECOVERY FACILITY Controls Building 3401 N Ten Mile Rd Services to be provided AFTER business hours on Monday, Wednesday and Friday Contact: Laurelei McVey Phone: (208) 888-2191 Fax: (208) 884-0744 General Cleaning of Offices, Cubes, Conferences, Common Areas, Reception Areas and Copy Rooms Task Weekly Monthly Quarterly Comments Carpeted & Hard Surface Areas: Vacuum all traffic halls, stairs, entire offices and entire conference room, 3x break rooms Thoroughly vacuum high traffic areas using beater 3x bar/brush type vacuum Deep Machine Extraction with Mounted Unit Annually Hard surface floors: Vacuum loose dirt & debris, then remove stains/spills with non -tracking, no -buildup 3x cleaner Hard surface floors: Machine clean floors and 1x baseboard includes buffing Strip all the and linoleum floors Semi -Annually Apply wax and sealer to all tile and linoleum floors Semi -Annually Empty wastebaskets (new liners as needed) 3x Empty Recycle Bins ix Damp wipe and dry counters in common 3x areas/reception areas/ copier/fax areas Clean and sanitize counters and table tops in kitchen 3x areas JANITORIAL SERVICES Page 46 of 62 PROJECT #10150 Clean and sanitize all kitchen sinks and fixtures 3x Clean top and front of refrigerators and micro wave 3x oven Clean and sanitize drinking fountains 3x Doors: Clean and sanitize handles both sides 3x Doors: Clean glass, both sides 3x Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture 1x tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, 1x moldings, ledges, pipes, ducts and vents, structural members. Vacuum or clean vents and grills (low and high) Task schedule to including ceiling 1x be approved by owner. Dust tops of cabinets, pictures frames, ledges and ix Task schedule to be approved by partitions owner. Spot clean walls, partitions 3x Window Blinds: Dust 1 x Wipe blinds with no streak, no buildup cleaner or ultra- Annually Task schedule to be approved by sonic clean. owner. Spot clean all other doors and light switches 3x Check daily, clean as needed Polish or clean kick plates and handrails 3x Any stain smaller than the size of a Carpet: Remove all spots/stains on carpet. 3x dinner plate This includes any gum on carpet. Restroom Task Weekly Monthly Quarterly Comments Empty trash and waste containers 3x Refill all dispensers (paper, soap, etc) 3x Refill air fresheners 2x Clean mirrors and bright work 3x Clean and sanitize toilets and urinals, sinks, counters No cleaning agents and partitions 3x on sensored fixtures Clean furnishings (shelving, dispensers, etc) 3x Thorough cleaning & sanitation of shower walls and 3x floors. Spot clean walls 3x Rinse and sanitize all tile and linoleum floors 3x Pour water into floor drain 3x Clean and sanitize door handles and plates 3x JANITORIAL SERVICES Page 47 of 62 PROJECT #10150 Machine clean floors and baseboard includes buffing Lab Building 1x Services to be provided AFTER business hours 1st week of month Dust horizontal surfaces to hand height (up to 70 General Cleaning of Offices, Cubes, Conferences, Common Areas, Reception Areas, Copy Rooms, .and Work Areas Task Weekly inches). This includes windowsills, ledges and furniture 1x Comments Carpeted & Hard Surface Areas: Vacuum all traffic tops. Use a lightly treated cloth, dusting mitts, or small halls, stairs, entire offices and entire conference room, 3x dust mop with short handle. break rooms High dusting. High dust above hand height (70 inches Thoroughly vacuum high traffic areas using beater 3x to ceiling) all horizontal surfaces, including any shelves, 1x bar/brush type vacuum moldings, ledges, pipes, ducts and vents, structural Deep Machine Extraction with Mounted Unit Annually members. Hard surface floors: Vacuum loose dirt & debris, then WINDOWS remove stains/spills with non -tracking, no -buildup Task Weekly Monthly Quarterly Comments Task schedule to Wash exterior side of exterior windows Semi - Annually be approved by owner. Task schedule to Wash interior side of exterior windows Annually be approved by owner. Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all lights except designated lights o All trash is to be hauled to the onsite dumpster o All recycling is to be placed in the recycle dumpster WASTEWATER RESOURCE RECOVERY FACILITY Lab Building 3401 N Ten Mile Rd Services to be provided AFTER business hours on Monday, Wednesday and Friday Contact: Laurelei McVey Phone: 208 888-2191 Fax: 208 884-0744 General Cleaning of Offices, Cubes, Conferences, Common Areas, Reception Areas, Copy Rooms, .and Work Areas Task Weekly Monthly Quarterly Comments Carpeted & Hard Surface Areas: Vacuum all traffic halls, stairs, entire offices and entire conference room, 3x break rooms Thoroughly vacuum high traffic areas using beater 3x bar/brush type vacuum Deep Machine Extraction with Mounted Unit Annually Hard surface floors: Vacuum loose dirt & debris, then remove stains/spills with non -tracking, no -buildup 3x cleaner JANITORIAL SERVICES Page 48 of 62 PROJECT #10150 Hard surface floors: Machine clean floors and 1x baseboard includes buffing Strip all tile and linoleum floors Semi -Annually Apply wax and sealer to all tile and linoleum floors Semi -Annually Empty wastebaskets (new liners as needed) 3x Empty Recycle Bins ix Damp wipe and dry counters in common 3x areas/reception areas/ copier/fax areas Clean and sanitize counters and table tops in kitchen 3x areas Clean and sanitize all kitchen sinks and fixtures 3x Clean top and front of refrigerators and micro wave 3x oven Clean and sanitize drinking fountains 3x Doors: Clean and sanitize handles both sides 3x Doors: Clean glass, both sides 3x Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture 1 x tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, 1x moldings, ledges, pipes, ducts and vents, structural members. Vacuum or clean vents and grills (low and high) Task schedule to including ceiling 1x be approved by owner. Dust tops of cabinets, pictures frames, ledges and 1X Task schedule to be approved by partitions owner. Spot clean walls, partitions 3x Window Blinds: Dust 1x Wipe blinds with no streak, no buildup cleaner or ultra- Annually Task schedule to be approved by sonic clean. owner. Spot clean all other doors and light switches 3x Check daily, clean as needed Polish or clean kick plates and handrails 3x Any stain smaller than the size of a Carpet: Remove all spots/stains on carpet. 3x dinner plate This - includes any gum on carpet. Restroom Task Weekly Monthly Quarterly Comments Empty trash and waste containers 3x Refill all dispensers (paper, soap, etc) 3x Refill air fresheners 2x Clean mirrors and bright work 3x Clean and sanitize toilets and urinals, sinks, counters No cleaning and partitions 3x agents on sensored fixtures JANITORIAL SERVICES Page 49 of 62 PROJECT #10150 Clean furnishings (shelving, dispensers, etc) 3x Spot clean walls 3x Rinse and sanitize all tile and linoleum floors 3x Pour water into floor drain 3x Clean and sanitize door handles and plates 3x Machine clean floors and baseboard includes buffing 1x is week of month Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, moldings, ledges, pipes, ducts and vents, structural members. Elevator Cars Task Weekly Monthly Quarterly Comments Floor: Vacuum loose dirt & debris, then remove 3x stains/spills with non -tracking, no -buildup cleaner Scrub and buff 1x Strip and wax Semi -Annually Scheduled by City Walls: Wipe down with appropriate streak free cleaner 3x Vacuum or clean vents and grills (low and high) 1x including ceiling Elevator control panel: (inside and outside elevator) 3x Wipe clean with appropriate sanitizing cleaner Door Threshold: (all floors) Vacuum, then wipe 3x clean with appropriate no -buildup metal cleaner. Windows Task Weekly Monthly Quarterly Comments Wash exterior side of exterior windows Semi - Annually Task schedule to be approved by owner. Wash interior side of exterior windows Annually Task schedule to be approved by owner. Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all lights except designated lights o All trash is to be hauled to the onsite dumpster o All recycling is to be placed in the recycle dumpster JANITORIAL SERVICES Page 50 of 62 PROJECT #10150 PARKS MAINTENANCE FACILITY 1700 E. Lanark Street Services to be provided AFTER business hours on Tuesday and Thursday Contact: ' Roger Norberg Phone: (208) 409-1839 Fax: (208) 898-5501 General Cleaning of Offices, Cubes, Conferences, Common Areas, Reception Areas, Copy Rooms, and Work Areas Task Weekly Monthly Quarterly Comments Carpeted Areas: Vacuum all traffic halls, stairs, entire 2x offices and entire conference room, break rooms Thoroughly vacuum high traffic areas using beater 2x bar/brush type vacuum Deep Machine Extraction with Mounted Unit Annually Hard surface floors: Vacuum loose dirt & debris, then remove stains/spills with non -tracking, no -buildup 2x cleaner. Hard surface floors: Machine clean floors and 1x baseboard includes buffing Machine clean floors and baseboard includes buffing Strip all tile and linoleum floors Semi -Annually Apply wax and sealer to all tile and linoleum floors Semi -Annually Empty wastebaskets (new liners as needed) 2x Empty Recycle Bins 1x Damp wipe and dry counters in common 2x areas/reception areas/ copier/fax areas Clean and sanitize counters and table tops in 2x kitchen/break areas Clean and sanitize all kitchen sinks and fixtures 2x Clean top and front of refrigerators and micro wave 2x oven Clean and sanitize drinking fountains 2x Doors: Clean and sanitize handles both sides 2x Doors: Clean glass, both sides 2x Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture 1x tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, 1 x moldings, ledges, pipes, ducts and vents, structural members. Vacuum or clean vents and grills (low and high) 1x Task schedule to be approved by including ceiling owner. JANITORIAL SERVICES Page 51 of 62 PROJECT #10150 Dust tops of cabinets, pictures frames, ledges and 1x Task schedule to be approved by partitions owner. Spot clean walls, partitions 2x Window Blinds: Dust 1x Wipe blinds with no streak, no buildup cleaner or ultra- Annually Task schedule to be approved by sonic clean. owner. Spot clean all other doors and light switches 2x Check daily, clean as needed Polish or clean kick plates and handrails 3x Any stain smaller than the size of a Carpet: Remove all spots/stains on carpet. 2x dinner plate This includes any gum on carpet. Restroom Task Weekly Monthly Quarterly Comments Empty trash and waste containers 2x Refill all dispensers, (paper, soap, etc) 2x Refill air fresheners 2x Clean mirrors and bright work 2x Clean and sanitize toilets and urinals, sinks, counters No cleaning agents and partitions 2x on sensored fixtures Clean furnishings (shelving, dispensers, etc) 2x Thorough cleaning & sanitation of shower walls and 2x floors. Spot clean walls 2x Rinse and sanitize all tile and linoleum floors 2x Pour water into floor drain 2x Clean and sanitize door handles and plates 2x Machine clean floors and baseboard includes buffing is week of month 1x Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture tops. Use a lightly treated cloth, dusting mitts, or small 1x dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, moldings, ledges, pipes, ducts and vents, structural 1x members. Windows Task Weekly Monthly Quarterly Comments Task schedule to Wash exterior side of exterior windows Semi - Annually be approved by owner. Task schedule to Wash interior side of exterior windows Annually be approved by owner. JANITORIAL SERVICES Page 52 of 62 PROJECT #10150 Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all lights except designated lights o All trash is to be hauled to the onsite dumpster o All recycling is to be placed in the recycle dumpster COMMUNITY CENTER 213 E Idaho St. Services to be provided AFTER business hours Monday through Friday Contact: Jake Garro Phone: (208) 250-1883Fax: (208) 898-5501 General Cleaning of Offices, Cubes, Conferences, Common Areas, Reception Areas, Copy Rooms, and Work/Event Areas Task Weekly Monthly Quarterly Comments Hard surface floors: Vacuum loose dirt & debris, then remove stains/spills with non -tracking, no -buildup 5x cleaner. Hard surface floors: Machine clean floors and 2x baseboard includes buffing Strip all tile and linoleum floors Semi -Annually Apply wax and sealer to all tile and linoleum floors Semi -Annually Empty wastebaskets (new liners as needed) 5x Empty Recycle Bins 3x Damp wipe and dry counters in common 5x areas/reception areas/ copier/fax areas Clean and sanitize counters and table tops in kitchen 5x areas Clean and sanitize all kitchen sinks and fixtures 5x Clean top and front of refrigerators and micro wave 5x oven Clean and sanitize drinking fountains 5x Doors: Clean and sanitize handles both sides 5x Doors: Clean glass, both sides 5x Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture 1x tops. Use a lightly treated cloth, dusting mitts, or small dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, 1 x moldings, ledges, pipes, ducts and vents, structural members. JANITORIAL SERVICES Page 53 of 62 PROJECT #10150 Vacuum or clean vents and grills (low and high) Task schedule to including ceiling 1x be approved by owner. Dust tops of cabinets, pictures frames, ledges and Task schedule to partitions Ix be approved by owner. Spot clean walls, partitions 5x Window Blinds: Dust 1 x Wipe blinds with no streak, no buildup cleaner or ultra- Task schedule to sonic clean. Annually be approved by owner. Spot clean all other doors and light switches 5x Check daily, cleanas needed Polish or clean kick plates and handrails 3x Any stain smaller than the size of a Carpet: Remove all spots/stains on carpet. 5x dinner plate This includes any gum on carpet. Restroom Task Weekly Monthly Quarterly Comments Empty trash and waste containers 5x Refill all dispensers (paper, soap, etc) 5x Refill air fresheners 2x Clean mirrors and bright work 5x Clean and sanitize toilets and urinals, sinks, counters No cleaning agents and partitions 5x on sensored fixtures Clean furnishings (shelving, dispensers, etc) 5x Spot clean walls 5x Rinse and sanitize all tile and linoleum floors 5x Pour water into floor drain 5x Clean and sanitize door handles and plates 5x Machine clean floors and baseboard includes buffing 2x 1S week of month Dust horizontal surfaces to hand height (up to 70 inches). This includes windowsills, ledges and furniture tops. Use a lightly treated cloth, dusting mitts, or small 1x dust mop with short handle. High dusting. High dust above hand height (70 inches to ceiling) all horizontal surfaces, including any shelves, 1 x moldings, ledges, pipes, ducts and vents, structural members. Windows Task Weekly Monthly Quarterly Comments Task schedule to Wash exterior side of exterior windows Semi - Annually be approved by owner. Task schedule to Wash interior side of exterior windows Semi - Annually be approved by owner. JANITORIAL SERVICES Page 54 of 62 PROJECT #10150 Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all lights except designated lights o All trash is to be hauled to the onsite dumpster o All recycling is to be placed in the recycle dumpster JANITORIAL SERVICES Page 55 of 62 PROJECT #10150 FIRE STATION 1 540 E. Franklin Road Services to be scheduled and approved with listed contact Contact: Perry` Palmer Phone: 208 888-1234 General Cleaning Task Weekly Monthly Quarterly Comments Deep Machine Extraction with Mounted Unit: Hallway Semi -Annually Deep Machine Extraction with Mounted Unit: Annually Bedrooms Deep Machine Extraction with Mounted Unit: Fabric Annually Recliners Hard surface floors: Machine clean floors and Annually baseboard includes buffing Machine clean floors and baseboard includes buffing Annually Strip all the and linoleum floors Annually Apply wax and sealer to all tile and linoleum floors Annually Any stain smaller than the size of a Carpet: Remove all spots/stains on carpet. Annually dinner plate This includes any gum on carpet. Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all lights except designated lights o All trash is to be hauled to the onsite dumpster o All recycling is to be placed in the recycle dumpster JANITORIAL SERVICES Page 56 of 62 PROJECT #10150 FIRE STATION 2 2401 N. Ten Mile Road Services to be scheduled and approved with listed contact Contact: Perry' Palmer Phone: 208 888-1234 General Cleaning Task Weekly Monthly Quarterly Comments Deep Machine Extraction with Mounted Unit: Hallway Semi -Annually Deep Machine Extraction with Mounted Unit: Annually Bedrooms Deep Machine Extraction with Mounted Unit: Fabric Annually Recliners Hard surface floors: Machine clean floors and Annually baseboard includes buffing Machine clean floors and baseboard includes buffing Annually Strip all tile and linoleum floors Annually Apply wax and sealer to all tile and linoleum floors Annually Any stain smaller than the size of a Carpet: Remove all spots/stains on carpet. Annually dinner plate This includes any gum on carpet. Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all lights except designated lights h o All trash is to be hauled to the onsite dumpster o All recycling is to be placed in the recycle dumpster JANITORIAL SERVICES Page 57 of 62 PROJECT #10150 FIRE STATION 3 3545 N. Locust Grove Services to be scheduled and approved with listed contact Contact: Perry Palmer Phone: (208) 888-1234 General Cleaning Task Weekly Monthly Quarterly Comments Deep Machine Extraction with Mounted Unit: Hallway Semi -Annually Deep Machine Extraction with Mounted Unit: Annually Bedrooms Deep Machine Extraction with Mounted Unit: Fabric Annually Recliners Hard surface floors: Machine clean floors and Annually baseboard includes buffing Machine clean floors and baseboard includes buffing Annually Strip all tile and linoleum floors Annually Apply wax and sealer to all tile and linoleum floors Annually Annually Any stain smaller than the size of a Carpet: Remove all spots/stains on carpet. dinner plate This includes any gum on carpet. Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all lights except designated lights o All trash is to be hauled to the onsite dumpster O All recycling is to be placed in the recycle dumpster JANITORIAL SERVICES PROJECT #10150 Page 58 of 62 FIRE STATION 4 2515 S. Eagle Road Services to be scheduled and approved with listed contact Contact: ' Perry Palmer Phone: 208 888-1234 General Cleaning Task Weekly Monthly rOuarterly Comments Deep Machine Extraction with Mounted Unit: Hallway Semi -Annually Deep Machine Extraction with Mounted Unit: Annually Bedrooms Deep Machine Extraction with Mounted Unit: Fabric Annually Recliners Hard surface floors: Machine clean floors and Annually baseboard includes buffing Machine clean floors and baseboard includes buffing Annually Strip all tile and linoleum floors Annually Apply wax and sealer to all tile and linoleum floors Annually Any stain smaller than the size of a Carpet: Remove all spots/stains on carpet. Annually dinner plate This includes any gum on carpet. Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all lights except designated lights o All trash is to be hauled to the onsite dumpster o All recycling is to be placed in the recycle dumpster JANITORIAL SERVICES Page 59 of 62 PROJECT #10150 FIRE STATION 5 6001 N Linder Road Services to be scheduled and approved with listed contact Contact: Perry Palmer Phone: 208 888-1234 General Cleaning Task Weekly Monthly I ouarterly Comments Deep Machine Extraction with Mounted Unit: Hallway Semi -Annually Deep Machine Extraction with Mounted Unit: Annually Bedrooms Deep Machine Extraction with Mounted Unit: Fabric Annually Recliners Hard surface floors: Machine clean floors and Annually baseboard includes buffing Machine clean floors and baseboard includes buffing Annually Strip all tile and linoleum floors Annually Apply wax and sealer to all the and linoleum floors Annually Any stain smaller than the size of a Carpet: Remove all spots/stains on carpet. Annually dinner plate This includes any gum on carpet. Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all lights except designated lights o All trash is to be hauled to the onsite dumpster o All recycling is to be placed in the recycle dumpster JANITORIAL SERVICES Page 60 of 62 PROJECT #10150 FIRE SAFETY CENTER 1901 E. Leighfield Services to be scheduled and approved with listed contact Contact: Perry Palmer Phone: 208 888-1234 General Cleaning Task Weekly Monthly Quarterly Comments Deep Machine Extraction with Mounted Unit Annually Hard surface floors: Machine clean floors and Annually baseboard includes buffing Machine clean floors and baseboard includes buffing Annually Strip all tile and linoleum floors Annually Apply wax and sealer to all tile and linoleum floors Annually Any stain smaller than the size of a Carpet: Remove all spots/stains on carpet. Annually dinner plate This includes any gum on carpet. Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all lights except designated lights o All trash is to be hauled to the onsite dumpster o All recycling is to be placed in the recycle dumpster JANITORIAL SERVICES Page 61 of 62 PROJECT #10150 EXHIBIT C MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $169,777.64. TASK AND LOCATION MONTHLY YEARLY City Hall Complex $7,003.38 $84,040.60 Police Station Admin Building $3,392.55 $40,710.64 Police Station $127.40 $1,528.80 K-9 Building Police Station Public Safety $1,002.59 $12,031.08 TrainingCenter PSTC Water Administration $347.56 $4,170.72 Wastewater Resource Recovery $760.26 $9,123.12 Facility—Admin Building Wastewater Resource Recovery $3,371.52 Facility— Controls Building$280.86 Wastewater Resource Recovery $340.47 $4,085.64 Facility— Lab Building Parks and Recreation $2,398.68 Maintenance Building$199.89 Community Center $532.97 $6,395.64 Fire Station 1 $39.66 $457.92 Fire Station 2 $25 $300 Fire Station 3 $25 $300 Fire Station 4 $25 $300 Fire Station 5 $25 $300 Fire Safety Center $20.44 $300 GRAND TOTAL $$14,148.03 $245.28 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. - Total billable hourly rate for janitorial services, inclusive of all costs, including materials, equipment, supplies, labor, taxes, overhead and any other cost necessary for the completion of work with the exception of supplies for stocking dispensers. Supervisor $22.00 Custodian $18.80 Day Porter $18.80 Other $25 (min $150 charge Callout Services. Hourly cost for callout services that fall outside of a regularly scheduled shift. Charge of $35.00 per hour for Callout Services falling outside of regularly scheduled shifts will apply. Emergency Calls: If SERVICE PROVIDER is required to make emergency calls on other than regularly scheduled visits, a minimum charge of $50.00 (min. 1 hours per hour for the emergency/biohazard cleaning calls will apply. JANITORIAL SERVICES Page 62 of 62 PROJECT #10150 ACOR" CERTIFICATE OF LIABILITY INSURANCE18/14/2015 CERTIFICATE DATE 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Silverstone Group Suite Miracle Hills Drive Suite 100 Omaha NE 68154 CONTACT NAME: ADril Walker IAIC PHON o xt , 2- 6 -562 n/c No):402-557-6326 noDRF.,s:certificates ss i.com INSURERS AFFORDING COVERAGE NAIC # INSURER A,Travelers Property & Cas Of Am 36161 INSURED 15344 Varsity Contractors, Inc. dba Varsity Facility Services PO Box 1692 Pocatello ID 83204 INSURER B:Trayelers Casualty & Surety9 INSURERC:ST PAUL FIRE & GAS INSCO 40967 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1RR.r,7RRci..rQ 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, INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR L Wa - _ TC2JGLSA1761B75414 9/1/2015 9/1/2016 EACH OCCURRENCE $1,000,000 PREM SESOEa occurrence $500,000 MED EXP (Anyone person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC PRODUCTS - COM Plop AGG $2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS TC2JCAP17618742-TIL-14 9/1/2015 9/1/2016 Ea accident 1000000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY is DAMAGE $ C X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE ZUP-21N26024-14-NF 9/1/2015 9/1/2016 EACH OCCURRENCE $19,000,000 AGGREGATE $19,000,000 DED X I RETENTION $10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y i N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A TC2JUB1761B69-8-14 9/1/2015 9/1/2016 TH- X WC LIMITS TATU0ER L E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 B Employee Theft 106156681 9/1/2015 9/1/2016 Limit $1,000,000 3rd Party $2,500,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) r:FRTIFIr.ATF' I.1r11 r1FR CANCELLATION ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Meridian ACCORDANCE WITH THE POLICY PROVISIONS. 33 E Broadway Meridian ID 83642 AUTHORIZED REPRESENTATIVE L Wa - _ ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Approval of Agreement Schindler C. Approval of Agreement to Schindler Elevator Corporation for "Elevator Preventive Maintenance and Service at Meridian City Hall" for a Not -To -Exceed amount of $6,360.00 MEETING NOTES t.. $ � " k f3 J F 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, Eric Jensen Date: 9-29-2015 Re: October 6th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 6th City Council Consent Agenda for Council's consideration. Approval of Agreement to Schindler Elevator Corporation for "Elevator Preventive Maintenance and Service at Meridian City Hall" for a Not -To -Exceed amount of $6,360.00, Recommended Council Action: Approval of Agreement to Schindler Elevator Corporation for the Not -To -Exceed amount of $6,360.00. Thank you for your consideration. 0 Page 1 SCHINDLER ELEVATOR CORPORATION 743 McGregor Ct., Suite 140 Boise, ID 83705-5225 Phone: 208-577-5541 Fax: 208-577-5526 Date: September 18, 2015 To: City Of Meridian 33 E Broadway Ave, Suite 200 Meridian, ID 83642-2619 Attn: Eric Jensen As Agent For: Owner EQUIPMENT DESCRIPTION Itwi 1/1//(, Estimate Number: JLEE-A2GS6G (2015.3.1) Building Name: Meridian City Hall Rise/Length _Qty Manufacturer Equipment Application Description openings Capacity Speed Install# Meridian city Hall 33 E Broadway Ave Meridian, ID 83642-2619 2 Schindler Hydraulic Passenger Elev 01 & 02 4F/OR 3500 150 1 Schindler Hydraulic Service Elev 03 4F/2R 4000 150 SCHINDLER ELEVATOR CORPORATION ("Schindler", "we", "us") 743 McGregor Ct., Suite 140, Boise, ID 83705-5225, and CITY OF MERIDIAN, 33 E Broadway Ave, Suite 200, Meridian, ID 83642-2619 ("you") agree as follows: PREVENTIVE MAINTENANCE SERVICE • Our preventive maintenance program performed in accordance with a maintenance schedule specific to your equipment and its usage • Examine, lubricate, adjust, and repair/replace covered components • Criteria for replacement of all wire ropes will be the appropriate factor of safety • Prompt callback coverage Safety testing • Customer friendly and responsive communications PREVENTIVE MAINTENANCE PROGRAM Our Preventive Maintenance Program, as described in this agreement will be performed in accordance with a maintenance schedule specific to your equipment. A Schindler technician will be assigned to you, and back up technicians are available as required to give you prompt service as required at all times. A Schindler account representative will be assigned to you, and will be your primary contact for communications regarding your agreement. Also available to you is our extensive technical support and parts inventory, at the site as needed, and local warehouses and our national Service Distribution Center available for express delivery in emergencies. EXAMINE, LUBRICATE, ADJUST, AND REPAIR/REPLACE COVERED COMPONENTS We will on a periodic basis examine, lubricate, adjust, and as needed or if usage mandates, repair, or replace the Covered Components listed below. Page 1 of 7 JLEE-A2GS6G 2015.3.1 HYDRAULIC ELEVATORS Basic components: Controller components: resistors, timers, fuses, overloads, minor contacts, wiring, coils; packing, drive belts, strainers, functional components of car and corridor operating stations, hangers and tracks, door operating devices, door gibs, guide shoes, rollers, traveling cables, signal lamps (replacement during regular visits only), interlocks, door closers, buffers, switches, door protection devices, and alarm bells. Major components: Exposed piping in the Machine Room & hoistway, motor, PC boards, pump unit, solid state devices, contactors, and valve rebuilds. We assume no responsibility for the following items: hoistway door hinges, panels, frames, gates and sills; cabs and cab flooring; cab doors, gates and removable cab panels; cab mirrors and handrails; power switches, fuses and feeders to controllers; emergency cab lighting; light fixtures and lamps; cover plates for signal fixtures and operating stations; card readers or other access control devices; smoke/fire alarms and detectors; pit pumps and alarms; cleaning of cab interiors and exposed sills; plungers, pistons, casings and cylinders; automatic ejection systems; all piping and connections except that portion which is exposed in the machine room and hoistway; guide rails; tank; emergency power generators; telephone service, communication devices; disposal of used oil; intercom or music systems; ventilators, air conditioners or heaters; adverse elevator operation as a result of machine room temperatures (including temperature variations below 60 degrees Fahrenheit and above 90 degrees Fahrenheit); media displays; computer consoles or keyboards; fireman's phones; exterior panels, skirt and deck panels, balustrades, relamping of illuminated balustrades; attachments to skirts, decking or balustrades; moving walk belts; pallets; steps; skirt brushes; sideplate devices; any batteries associated with the equipment; obsolete items, (defined as parts, components or equipment either 20 or more years from original installation, or no longer available from the original equipment manufacturer or an industry parts supplier, replaceable only by refabrication.) In the event that safety testing Is performed by us at the start of the Agreement, and we find that critical safety components, such as the governor and/or safeties for traction equipment, and/or valves on hydraulic equipment, are not operating correctly, therefore resulting in unsafe conditions, you will be responsible to authorize the necessary repairs/replacements of this equipment, at your expense. CLEANING We will periodically clean the machine room, car top, and pit of debris related to our work in these areas. TESTING OF SAFETY DEVICES Equipment Test Freauencv Hydraulic Pressure/Relief Valve Annually Our testing responsibilities do not include fees or changes imposed by local authorities in conjunction with witnessing, witnessing costs, inspecting, assisting inspection authorities, licensing or testing the Equipment including observation of testing by 3rd parties; changes in the testing requirements after the initial start date of this Agreement, or any other testing obligations other than as specifically set forth above, including, but not limited to seismic tests. Since these tests may expose the equipment to strains well in excess of those experienced during normal operation, Schindler will not be responsible for any damage to the equipment or property, or injury to or death of any persons, resulting from or arising out of the performance of these tests. Further, our testing responsibilities do not include performance, or the keeping of records related to, monthly firefighters service. CUSTOMER FRIENDLY AND RESPONSIVE COMMUNICATIONS Service dispatching will take place through our Schindler Customer Service Network (SCSN), which is staffed by qualified Schindler personnel, 24 /7. You will be provided with a customer identification number, which must be referenced when a call is placed for your facility. Our dispatchers will have access to your building's service call records, and will promptly relay the details of your call to the assigned technician, You will also have access to Schindler SCORE CARDTM, through Schindler's website, which gives you instant access to the performance history of your equipment covered by this Agreement. Page 2 of 7 JLEE-A2GS6G 2015.3.1 ADDITIONAL COVERAGES We will remotely monitor (if applicable) those functions of the Equipment described above which are remote monitoring capable. Our remote monitoring system ("SRM") will automatically notify us if any monitored component or function is operating outside established parameters. We will then communicate with you to schedule appropriate service calls. Monitoring will be performed on a 24 hour, 7 day basis and will communicate toll free with our Customer Service Network using dedicated elevator telephone service. The operation and monitoring of SRM is contingent upon availability and maintenance of dedicated elevator telephone service. You have the responsibility to install, maintain and pay for such telephone service, and to notify us at any time of any interruption of such telephone service. If requested, you will provide the proper wiring diagrams for the equipment covered. These diagrams will remain your property, and will be maintained by Schindler for use in troubleshooting and servicing the equipment. CALLBACK RESPONSE TIME We will perform the services during our regular working hours of regular working days, excluding elevator trade holidays. We will provide callback service during regular working hours. We will respond to callbacks within 24 hours of notification. If you authorize services or callbacks outside the scope of this agreement, you will pay us at our standard billing rates, plus materials not covered by contract, expenses and travel. HOURS OF SERVICE We will perform the services during our regular working hours of regular working days, excluding elevator trade holidays. The services include callbacks for emergency minor adjustment callbacks during regular working hours. If you authorize callbacks outside regular working hours, you will pay us at our standard billing rates, plus materials not covered by contract, expenses and travel. All other work outside the services will be billed at our standard billing rates. A request for service will be considered an "emergency minor adjustment callback" If it is to correct a malfunction or adjust the equipment and requires immediate attention and is not caused by misuse, abuse or other factors beyond our control, The term does not include any correction or adjustment that requires more than one technician or more than two hours to complete. TERM This Agreement commences on January 01, 2016, and continues until December 31, 2016, and shall renew (where permitted by applicable local law) for subsequent similar periods, unless terminated by either party upon written notice received by the other party- at least 90 days prior to the above termination date or any renewal termination date, and not more than 120 days before the termination date, PRICE In consideration of the services provided hereunder, you agree to pay us the sum of $530.00 per month, payable in annual installments of $6,360.00, exclusive of applicable taxes, unless another payment frequency option is selected below. PRICE ADJUSTMENT The contract Price and labor rates for extra work will be adjusted annually in January. This adjustment will be based upon the local labor rate adjustment for the year in which it is adjusted, and will be increased or decreased on the basis of changes to the local straight time hourly rate for mechanics. If there Is a delay in determining a new labor rate, or an interim determination of a new labor rate, we will notify you and adjust the price at the time of such determination, and we will retroactively bill or issue credit, as appropriate, for the period of such delay. We also reserve the right to adjust the contract price quarterly / annually on the basis of changes in other expenses such as fuel, waste disposal, government regulations or administrative costs. Should you elect to take the annual pre -payment option, the price adjustment date will default to coincide with the invoice date_ Page 3 of 7 JLEE-A2GS6G 2015.3.1 PAYMENT OPTIONS (1) Please select a Method of Payment: ❑ Direct Debit 1% Discount (Attach Copy of voided check) ❑ Credit Card 3% Addition ❑ Visa ❑ MC ❑ AMEX Number: Expiration Date: Page 4 of 7 JLEE-A2GS6G 2015.3.1 Signature: ❑ Check ❑ Other: (2) Please select a Payment Frequency (Other than Annual): Semi -Annual 1% Addition ❑ Quarterly 3% Addition ❑ Monthly 5% Addition Page 4 of 7 JLEE-A2GS6G 2015.3.1 The attached terms and conditions are incorporated herein by reference. Acceptance by you as owner's agent or authorized representative and subsequent approval by our authorized representative will be required to validate this agreement. Proposed: Accepted: C3 i �By: Justin Lee otitP��o,ausT By: N` City of EID IbAHO For: Schindler Elevator Title: Sales Representative r: City Of Meridian SEMI.. � tie: ti � 1,11 OF the IRS�sa��`r -� Date: September 18, 2015 As Agent For: Owner Approved: By; ,Ina Stum.ph Title: District Manager Date: Page 5 of 7 JLEE-A2GS6G 2015.3,1 Date: tb ' (D l Is TERMS AND CONDITIONS 1. This Is the entire Agreement between us, and no other terms or conditions shall apply. This service proposal does not void or negate the terms and conditions of any existing service agreement unless fully executed by both parties. No services or work other than specifically set forth herein are included or intended by this Agreement. 2. You retain your responsibilities as Owner and/or Manager of the premises and of the Equipment. You will provide us with clear and safe access to the Equipment and a safe workplace for our employees as well as a safe storage location for parts and other materials to be stored on site which remain our property, in compliance with all applicable regulations related thereto, you will inspect and observe the condition of the Equipment and workplace and you will promptly report potentially hazardous conditions and malfunctions, and you will call for service as required; you will promptly authorize needed repairs or replacements outside the scope of this Agreement, and observe all testing and reporting responsibilities based upon local codes. You will not permit others to work on the Equipment during the term of this Agreement. You agree that you will authorize and pay for any proposed premaintenance repairs or upgrades (including any such repairs or upgrades proposed during the first 30 days of this agreement), or we will have the option to terminate this Agreement immediately, without penalty to us. You agreed to post and maintain necessary Instructions and / or warnings relating to the equipment. 3. -We-wtlt-not-ba liabte-fordamages-of-any-kin&,-whether-in-contract-oris-tort, or-othenvise;-in-excessofthe--annaal prit a#—We will not be liable in any event for special, indirect or consequential damages, which include but are not limited to loss of rents, revenues, profit, good will, or use of Equipment or property, or business interruption, A. Neither party shall be responsible for any loss, damage, detention or delay caused by labor trouble or disputes, strikes, lockouts, fire, explosion, theft, lightning, wind storm, earthquake, floods, storms, riot, civil commotion, malicious mischief, embargoes, shortages of materials or workmen, unavailability of material from usual sources, government priorities or requests or demands of the National Defense Program, civil or military authority, war, insurrection, failure to act on the part of either party's suppliers or subcontractors, orders or instructions of any federal, state, or municipal government or any department or agency thereof, acts of God, or by any other cause beyond the reasonable control of either party. Dates for the performance or completion of the work shall be extended by such delay of time as may be reasonably necessary to compensate for the delay. 5. You will assign this Agreement to your successor in interest, should your interest in the premises cease prior to the initial or any renewal termination date. If this Agreement is terminated prematurely for any reason, other than our default, including failure to assign to a successor in interest as required above, you will pay as liquidated damages (but not penalty) the full remaining amount due under this Agreement, 6. The Equipment consists of mechanical and electrical devices subject to wear and tear, deterioration, obsolescence and possible malfunction as a result of causes beyond our control, The services do not guarantee against failure or malfunction, but are intended to reduce wear and prolong useful life of the Equipment. We are not required to perform tests other than those specified previously, to install new devices on the equipment which may be recommended or directed by insurance companies, federal, state, municipal or other authorities, to make changes or modifications in design, or to make any replacements with parts of a different design. We are responsible to perform such work as is required due to ordinary wear and tear. We are not responsible for any work required, or any claims, liabilities or damages, due to: obsolescence; accident; abuse; misuse; vandalism; adverse machine room conditions (including temperature varlations below 60 degrees and above 90 degrees Fahrenheit) or excessive humidity; overloading or overcrowding of the Equipment beyond the limits of the applicable codes; adverse premises or environmental conditions, power fluctuations, rust, or any other cause beyond our control, We will not be responsible for correction of outstanding violations or test requirements cited by appropriate authorities prior to the effective date of this agreement. 7, Invoices (including invoices for extra work outside the fixed price) will be paid upon presentation, on or before the last day of the month prior to the billing period, Late or non -payments will result in: {a) trtterest cin t9ast dde amottnts�t�'/z%per rReRfktfrr the Highest legal rate avaitable-� (Y (b) Termination of the Agreement on ten (10) days prior written notice; and (c) Attorneys' fees, cost of collection and all other appropriate remedies for breach of contract. Page 6 of 7 JLEE-A2GS6G 2015.3.1 8. If either party to this Agreement claims default by the other, written notice of at least 30 days shall be provided, specifically describing the default. If cure of the default is not commenced within the thirty -day notification period, this Agreement may be terminated. In the event of litigation, the prevailing party will be entitled to its reasonable attorneys' fees and costs. If you elect to modernize any or all of the Equipment during the term of this agreement, you will give us the option, within a reasonable time, to prepare an offer for the work and/or evaluate competitor proposals and compare scope of work and price. If we are unable to match price and scope of work, or present an alternative proposal, this Agreement may be canceled with ninety (90) days written notice. 9. Any proprietary material, information, data or devices contained in the equipment or work provided hereunder, or any component or feature thereof, remains our property, This includes, but is not limited to, any tools, devices, manuals, software (which is subject to a limited license for use in this building/premises/ equipment only), modems, source/ access/ object codes, passwords and the Schindler Remote Monitoring feature ("SRM") (if applicable) which we will deactivate and remove if the Agreement is terminated, 10. You will prevent access to the Equipment, including the SRM feature and/or dedicated telephone line If applicable, by anyone other than us, We will not be responsible for any claims, losses, demands, lawsuits, judgment, verdicts, awards or settlements ("claims") arising from the use or misuse of SRM, if it or any portion of it has been modified, tampered with, misused or abused. We will not be responsible for use, misuse, or misinterpretation of the reports, calls, signals, alarms or other such SRM output, nor for claims arising from acts or omissions of others in connection with SRM or from interrup ions of telephone service to SRM regardless of cause. You agree that you will defend, indemnify and hold us harmless from and against any such claims, and from any and all claims arising out of or in connection with this Agreement, and/or the Equipment, unless caused directly and solely by our established fault. 11. Should this Agreement be accepted by you in the form of a purchase order, the terms and conditions of this Agreement will take precedence over those of the purchase order. 12, Schindler Elevator Corporation is insured at all locations where it undertakes business for the type of insurance. You agree to accept, named as certificate holder, In full satisfaction of the Insurance requirements for this Agreement, our standard Certificate of Insurance, Limits of liability as follows: (a) Workers' Compensation - Equal to or in excess of limits of Workers' Compensation laws In all states and the District of Columbia. (b) Comprehensive Liability - Up to Two Million Dollars ($2,000,000.00) single limit per occurrence, Products/Completed Ops Aggregate $5,000,000. (c) Auto Liability - $5,000,000 CSL. (d) Employer's Liability - $5,000,000 Each Accident/Employee/Policy Limit. Page 7 of 7 JLEE-A2GS6G 2015.3.1 Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Approval of Agreement Schindler Elevator D. Approval of Agreement to Schindler Elevator Corporation for "Elevator Preventive Maintenance and Service at Meridian Wafer Resource Recovery Facility" for a Not -To - Exceed amount of $4,200.00. MEETING NOTES N 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 To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Eric Jensen Date: 9-29-2015 Re: October 6th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 6th City Council Consent Agenda for Council's consideration. Approval of Agreement to Schindler Elevator Corporation for "Elevator Preventive Maintenance and Service at Meridian Water Resource Recovery Facility" for a Not - To -Exceed amount of $4,200.00. Recommended Council Action: Approval of Agreement to Schindler Elevator Corporation for the Not -To -Exceed amount of $4,200.00. . Thank you for your consideration. 0 Page 1 SCHINDLER ELEVATOR CORPORATION 743 McGregor Ct,, Suite 140 Boise, ID 83705-5225 Phone: 208-577-5541 Fax: 208-577-5526 Date: September 18, 2015 To: City Of Meridian 33 E Broadway Ave, Suite 200 Meridian, ID 83642-2619 Attn: Eric Jensen As Agent For: Owner EQUIPMENT DESCRIPTION Estimate Number: JLEE-9TCMDC (2015.3.1) Building Name: Meridian Wwtp SCHINDLER ELEVATOR CORPORATION ("Schindler", "we", "us") 743 McGregor Ct., Suite 140, Boise, ID 83705-5225, and CITY OF MERIDIAN, 33 E Broadway Ave, Suite 200, Meridian, ID 83642-2619 ("you") agree as follows: PREVENTIVE MAINTENANCE SERVICE • Our preventive maintenance program performed In accordance with a maintenance schedule specific to your equipment and its usage • Examine, lubricate, adjust, and repair/replace covered components • Criteria for replacement of all wire ropes will be the appropriate factor of safety • Prompt callback coverage • Safety testing • Customer friendly and responsive communications PREVENTIVE MAINTENANCE PROGRAM Our Preventive Maintenance Program, as described in this agreement will be performed in accordance with a maintenance schedule specific to your equipment. A Schindler technician will be assigned to you, and back up technicians are available as required to give you prompt service as required at all times. A Schindler account representative will be assigned to you, and will be your primary contact for communications regarding your agreement. Also available to you is our extensive technical support and parts inventory, at the site as needed, and local warehouses and our national Service Distribution Center available for express delivery in emergencies. EXAMINE, LUBRICATE, ADJUST, AND REPAIR/REPLACE COVERED COMPONENTS We will on a periodic'basis examine, lubricate, adjust, and as needed or if usage mandates, repair, or replace the Covered Components listed below. Page 1 of 8 JLEE-9TCMDC 2015.3.1 Rise/Length Qty Manufacturer Equipment Application Description Openings Capacity Speed Install# Meridian Wwtp 3041 N Ten Mile Rd Meridian, ID 83646 1 Schindler Hydraulic Passenger Elevator 01 2F/OR 3500 125 1 Schindler Hydraulic Passenger Elevator 02 3F/OR 3500 125 SCHINDLER ELEVATOR CORPORATION ("Schindler", "we", "us") 743 McGregor Ct., Suite 140, Boise, ID 83705-5225, and CITY OF MERIDIAN, 33 E Broadway Ave, Suite 200, Meridian, ID 83642-2619 ("you") agree as follows: PREVENTIVE MAINTENANCE SERVICE • Our preventive maintenance program performed In accordance with a maintenance schedule specific to your equipment and its usage • Examine, lubricate, adjust, and repair/replace covered components • Criteria for replacement of all wire ropes will be the appropriate factor of safety • Prompt callback coverage • Safety testing • Customer friendly and responsive communications PREVENTIVE MAINTENANCE PROGRAM Our Preventive Maintenance Program, as described in this agreement will be performed in accordance with a maintenance schedule specific to your equipment. A Schindler technician will be assigned to you, and back up technicians are available as required to give you prompt service as required at all times. A Schindler account representative will be assigned to you, and will be your primary contact for communications regarding your agreement. Also available to you is our extensive technical support and parts inventory, at the site as needed, and local warehouses and our national Service Distribution Center available for express delivery in emergencies. EXAMINE, LUBRICATE, ADJUST, AND REPAIR/REPLACE COVERED COMPONENTS We will on a periodic'basis examine, lubricate, adjust, and as needed or if usage mandates, repair, or replace the Covered Components listed below. Page 1 of 8 JLEE-9TCMDC 2015.3.1 HYDRAULIC ELEVATORS Basic components: Controller components: resistors, timers, fuses, overloads, minor contacts, wiring, coils; packing, drive belts, strainers, functional components of car and corridor operating stations, hangers and tracks, door operating devices, door gibs, guide shoes, rollers, traveling cables, signal lamps (replacement during regular visits only), interlocks, door closers, buffers, switches, door protection devices, and alarm bells. We assume no responsibility for the following major components: HYDRAULIC ELEVATORS Major components: Exposed piping in the Machine Room & hoistway, motor, PC boards, pump unit, solid state devices, contactors, and valve rebuilds, We assume no responsibility for the following items: hoistway door hinges, panels, frames, gates and sills; cabs and cab flooring; cab doors, gates and removable cab panels; cab mirrors and handrails; power switches, fuses and feeders to controllers; emergency cab lighting; light fixtures and lamps; cover plates for signal fixtures and operating stations; card readers or other access control devices; smoke/fire alarms and detectors; pit pumps and alarms; cleaning of cab interiors and exposed sills; plungers, pistons, casings and cylinders; automatic ejection systems; all piping and connections except that portion which is exposed in the machine room and hoistway; guide rails; tank; emergency power generators; telephone service, communication devices; disposal of used oil; intercom or music systems; ventilators, air conditioners or heaters; adverse elevator operation as a result of machine room temperatures (including temperature variations below 60 degrees Fahrenheit and above 90 degrees Fahrenheit); media displays; computer consoles or keyboards; fireman's phones; exterior panels, skirt and deck panels, balustrades, relamping of illuminated balustrades; attachments to skirts, decking or balustrades; moving walk belts; pallets; steps; skirt brushes; sideplate devices; any batteries associated with the equipment; obsolete items, (defined as parts, components or equipment either 20 or more years from original installation, or no longer available from the original equipment manufacturer or an industry parts supplier, replaceable only by refabrication.) In the event that safety testing is performed by us at the start of the Agreement, and we find that critical safety components, such as the governor and/or safeties for traction equipment, and/or valves on hydraulic equipment, are not operating correctly, therefore resulting in unsafe conditions, you will be responsible to authorize the necessary repairs/replacements of this equipment, at your expense, CLEANING We will periodically clean the machine room, car top, and pit of debris related to our work in these areas. TESTING OF SAFETY DEVICES Equipment Test Frequency Hydraulic Pressure/Relief Valve Annually Our testing responsibilities do not include fees or changes imposed by local authorities in conjunction with witnessing, witnessing costs, inspecting, assisting inspection authorities, licensing or testing the Equipment Including observation of testing by 3rd parties; changes in the testing requirements after the initial start date of this Agreement, or any other testing obligations other than as specifically set forth above, including, but not limited to seismic tests. Since these tests may expose the equipment to strains well in excess of those experienced during normal operation, Schindler will not be responsible for any damage to the equipment or property, or injury to or death of any persons, resulting from or arising out of the performance of these tests. Further, our testing responsibilities do not include performance, or the keeping of records related to, monthly firefighters service. Page 2 of 8 JLEE-9TCMDC 2015.3.1 CUSTOMER FRIENDLY AND RESPONSIVE COMMUNICATIONS Service dispatching will take place through our Schindler Customer Service Network (SCSN), which is staffed by qualified Schindler personnel, 24 /7. You will be provided with a customer identification number, which must be referenced when a call is placed for your facility. Our dispatchers will have access to your building's service call records, and will promptly relay the details of your call to the assigned technician. You will also have access to Schindler SCORE CARDTM, through Schindler's website, which gives you instant access to the performance history of your equipment covered by this Agreement. ADDITIONAL COVERAGES We will remotely monitor (if applicable) those functions of the Equipment described above which are remote monitoring capable. Our remote monitoring system ("SRM") will automatically notify us if any monitored component or function is operating outside established parameters. We will then communicate with you to schedule appropriate service calls. Monitoring will be performed on a 24 hour, 7 day basis and will communicate toll free with our Customer Service Network using dedicated elevator telephone service. The operation and monitoring of SRM is contingent upon availability and maintenance of dedicated elevator telephone service. You have the responsibility to install, maintain and pay for such telephone service, and to notify us at any time of any interruption of such telephone service. If requested, you will provide the proper wiring diagrams for the equipment covered. These diagrams will remain your property, and will be maintained by Schindler for use in troubleshooting and servicing the equipment. CALLBACK RESPONSE TIME We will perform the services during our regular working hours of regular working days, excluding elevator trade holidays. We will provide callback service during regular working hours. We will respond to callbacks within 24 hours of notification. If you authorize services or callbacks outside the scope of this agreement, you will pay us at our standard billing rates, plus materials not covered by contract, expenses and travel. HOURS OF SERVICE We will perform the services during our regular working hours of regular working days, excluding elevator trade holidays. The services include callbacks for emergency minor adjustment callbacks during regular working hours. If you authorize callbacks outside regular working hours, you will pay us at our standard billing rates, plus materials not covered by contract, expenses and travel. All other work outside the services will be billed at our standard billing rates. A request for service will be considered an "emergency minor adjustment callback" if it is to correct a malfunction or adjust the equipment and requires immediate attention and is not caused by misuse, abuse or other factors beyond our control. The term does not include any correction or adjustment that requires more than one technician or more than two hours to complete. TERM This Agreement commences on October 09, 2015, and continues until October 08, 2016, and shall renew (where permitted by applicable local law) for subsequent similar periods, unless terminated by either party upon written notice received by the other party at least 90 days prior to the above termination date or any renewal termination date, and not more than 120 days before the termination date. PRICE In consideration of the services provided hereunder, you agree to pay us the sum of $350.00 per month, payable in annual installments of $4,200.00, exclusive of applicable taxes, unless another payment frequency option is selected below. Page 3 of 8 JLEE-9TCMDC 2015.3.1 The contract based upon decreased o determining price at the time of such determination, and we will retroactively bill or issue credit, as appropriate, for the period of such delay. We also reserve the right to adjust the contract price quarterly / annually on the basis of changes in other expenses such as fuel, waste disposal, government regulations or administrative costs. Should you elect to take the annual pre -payment option, the price adjustment date will default to coincide with the invoice PRICE ADJUSTMENT Price and labor rates for extra work will be adjusted annually in January. This adjustment will be the local labor rate adjustment for the year in which it is adjusted, and will be increased or n the basis of changes to the local straight time hourly rate for mechanics. If there is a delay in a new labor rate, or an interim determination of a new labor rate, we will notify you and adjust the date. Page 4 of 8 JIEE-9TCMDC 2015.3.1 PAYMENT OPTIONS (1) Please select a Method of Payment: ❑ Direct Debit 1 % Discount (Attach Copy of voided check) ❑ Credit Card 3% Addition ❑ Visa ❑ MC ❑ AMEX Number: Expiration Date: Page 5 of 8 JLEE-9TCMDC 2015.3.1 Signature: ❑ Check ❑ Other: (2) Please select a Payment Frequency (Other than Annual): DSemi -Annual 1%Addition ❑ Quarterly 3% Addition ❑ Monthly 5% Addition Page 5 of 8 JLEE-9TCMDC 2015.3.1 The attached terms and conditions are incorporated herein by reference. Acceptance by you as owner's agent or authorized representative and subsequent approval by our authorized representative will be required to validate this agreement. Proposed: By: Justin Lee For: Schindler Elevator Corporation Title: Sales Representative Accepted: By: 10-�-IS 0ee�z�reo.au�:�s, City of E IDIANN IDAHO SEAL Date: September 18, 2015 Approved: By: Joa Stumnh HUM PIRUMN 0.107 - Date: Page 6 of 8 JLEE-gTCMDC 2015.3.1 r: City Of Meridian Agent For: Owner Date: ' �p Is TERMS AND CONDITIONS 1. This is the entire Agreement between us, and no other terms or conditions shall apply. This service proposal does not void or negate the terms and conditions of any existing service agreement unless fully executed by both parties. No services or work other than specifically set forth herein are included or intended by this Agreement. 2. You retain your responsibilities as Owner and/or Manager of the premises and of the Equipment. You will provide us with clear and safe access to the Equipment and a safe workplace for our employees as well as a safe storage location for parts and other materials to be stored on site which remain our property, in compliance with all applicable regulations related thereto, you will inspect and observe the condition of the Equipment and workplace and you will promptly report potentially hazardous conditions and malfunctions, and you will call for service as required; you will promptly authorize needed repairs or replacements outside the scope of this Agreement, and observe all testing and reporting responsibilities based upon local codes. You will not permit others to work on the Equipment during the term of this Agreement. You agree that you will authorize and pay for any proposed premaintenance repairs or upgrades (including any such repairs or upgrades proposed during the first 30 days of this agreement), or we will have the option to terminate this Agreement immediately, without penalty to us. You agreed to post and maintain necessary instructions and / or warnings relating to the equipment. 3. iPde�mithnot bfittbfeafef dettege�eer�y tEirnmr�etk+er i�te �ereer+t, We will not be liable in any event for special, indirect or consequential damages, which include but are not limited to loss of rents, revenues, profit, good will, or use of Equipment or property, or business interruption. 4. Neither party shall be responsible for any loss, damage, detention or delay caused by labor trouble or disputes, strikes, lockouts, fire, explosion, theft, ilghtning, wind storm, earthquake, floods, storms, riot, civil commotion, malicious mischief, embargoes, shortages of materials or workmen, unavailability of material from usual sources, government priorities or requests or demands of the National Defense Program, civil or military authority, war, insurrection, failure to act on the part of either party's suppliers or subcontractors, orders or instructions of any federal, state, or municipal government or any department or agency thereof, acts of God, or by any other cause beyond the reasonable control of either party. Dates for the performance or completion of the work shall be extended by such delay of time as may be reasonably necessary to compensate for the delay. 5. You will assign this Agreement to your successor in interest, should your interest in the premises cease prior to the initial or any renewal termination date. If this Agreement is terminated prematurely for any reason, other than our default, including failure to assign to a successor in interest as required above, you will pay as liquidated damages (but not penalty) the full remaining amount due under this Agreement. 6, The Equipment consists of mechanical and electrical devices subject to wear and tear, deterioration, obsolescence and possible malfunction as a result of causes beyond our control, The services do not guarantee against failure or malfunction, but are Intended to reduce wear and prolong useful life of the Equipment. We are not required to perform tests other than those specified previously, to install new devices on the equipment which may be recommended or directed by insurance companies, federal, state, municipal or other authorities, to make changes or modifications in design, or to make any replacements with parts of a different design. We are responsible to perform such work as is required due to ordinary wear and tear. We are not responsible for any work required, or any claims, liabilities or damages, due to: obsolescence; accident; abuse; misuse; vandalism; adverse machine room conditions (including temperature variations below 60 degrees and above 90 degrees Fahrenheit) or excessive humidity; overloading or overcrowding of the Equipment beyond the limits of the applicable codes; adverse premises or environmental conditions, power fluctuations, rust, or any other cause beyond our control. We will not be responsible for correction of outstanding violations or test requirements cited by appropriate authorities prior to the effective date of this agreement. 7. Invoices (including invoices for extra work outside the fixed price) will be paid upon presentation, on or before the last day of the month prior to the billing period. Late or non -payments will result in: -(# -tnte st on post per avallable; (b) Termination of the Agreement on ten (10) days prior written notice; and (c) Attorneys' fees, cost of collection and all other appropriate remedies for breach of contract. Page 7 of 8 JLEE-9TCMDC 2015.3.1 8, if either party to this Agreement claims default by the other, written notice of at least 30 days shall be provided, specifically describing the default, If cure of the default is not commenced within the thirty -day notification period, this Agreement may be terminated, In the event of litigation, the prevailing party will be entitled to its reasonable attorneys' fees and costs. If you elect to modernize any or all of the Equipment during the term of this agreement, you will give us the option, within a reasonable time, to prepare an offer for the work and/or evaluate competitor proposals and compare scope of work and price. If we are unable to match price and scope of work, or present an alternative proposal, this Agreement may be canceled with ninety (90) days written notice. 9. Any proprietary material, information, data or devices contained in the equipment or work provided hereunder, or any component or feature thereof, remains our property. This includes, but is not limited to, any tools, devices, manuals, software (which is subject to a limited license for use in this building/premises/ equipment only), modems, source/ access/ object codes, passwords and the Schindler Remote Monitoring feature ("SRM") (if applicable) which we will deactivate and remove if the Agreement is terminated. 10. You will prevent access to the Equipment, including the SRM feature and/or dedicated telephone line if applicable, by anyone other than us. We will not be responsible for any claims, losses, demands, lawsuits, judgment, verdicts, awards or settlements ("claims") arising from the use or misuse of SRM, if it or any portion of it has been modified, tampered with, misused or abused. We will not be responsible for use, misuse, or misinterpretation of the reports, calls, signals, alarms or other such SRM output, nor for claims arising from acts or omissions of others in connection with SRM or from interruptions of telephone service to SRM regardless of cause. You agree that you will defend, indemnify and hold us harmless from and against any such claims, and from any and all claims arising out of or in connection with this Agreement, and/or the Equipment, unless caused directly and solely by our established fault. 11. Should this Agreement be accepted by you in the form of a purchase order, the terms and conditions of this Agreement will take precedence over those of the purchase order. 12. Schindler Elevator Corporation is insured at all locations where it undertakes business for the type of insurance, You agree to accept, named as certificate holder, in full satisfaction of the insurance requirements for this Agreement, our standard Certificate of Insurance. Limits of liability as follows: (a) Workers' Compensation - Equal to or in excess of limits of Workers' Compensation laws in all states and the District of Columbia. (b) Comprehensive Liability - Up to Two Million Dollars ($2,000,000.00) single limit per occurrence, Products/Completed Ops Aggregate $5,000,000. (c) Auto Liability - $5,000,000 CSL. (d) Employer's Liability - $5,000,000 Each Accident/Employee/Policy Limit. Page 8 of 8 JLEE-9TCMDC 2015,3.1 Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid Flexground E. Approval of Award of Bid and Agreement to FLEXGROUND NV, LLC for the "SETTLERS PARK - ADVENTURE ISLAND RESURFACING" Project for a Not -To -Exceed amount of $174,276.62. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Mike Barton Date: 9/29/2015 Re: October 6t' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 6th City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to FLEXGROUND NV, LLC for the "SETTLERS PARK — ADVENTURE ISLAND RESURFACING" project for a Not -To - Exceed amount of $174,276.62. Recommended Council Action: Award of Bid and Approval of Agreement to Flexground NV, LLC for the Not -To -Exceed amount of $174,276.62. Thank you for your consideration. 0 Page 1 CONTRACT / AGENDA CHECKLIST Date: 9/29/2015 REQUESTING DEPARTMENT Fund 1 Department: 5210 GL Account PARKS 55104 Project # Construction: X Task Order PSA Equipment Project Name: Settlers Park - Adventure Island Resurfacing Project Manager: Mike Barton Department Representative: n/a Contractor/Consultant/Design Engineer: Flexground NV, LLC Budget Available (Attach Report): Yes Contract Amount: $174,276.62 Will the project cross fiscal years? Yes No X Budget Information: FY Budget: 16 Enhancement #: Grant #: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder X Highest Rated Master Agreement (Bid Results Attached) (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: Debarment Status (Grant/Federal Funded Projects Only) Date Award Posted: September 21, 2015 (Type in date verified and the status) 10 day protest period: September 30, 2015 10120.0 PW License # 21851 Expiration Date June 30, 2016 Corporation Status Existing Insurance Certificates Received (Date): September 29, 2015 Expiration Date: February 10, 2016 Rating: A Payment and Performance Bonds Received (Date): September 29, 2015 Rating: A+ Builders Risk Ins. Req'd: Yes No X If yes, has policy been purchased? n/s (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: September 29, 2015 Approval Date By: Council Purchase Order No.: Date Issued: WI -15 submitted (Only for PW Construction Projects) NTP Date: (Only for non Public Works Project) CONTRACT FOR PUBLIC WORKS CONSTRUCTION SETTLERS PARK —ADVENTURE ISLAND RESURFACING PROJECT # 10120.0 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 6th day of October, 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 Flexqround NV, LLC, hereinafter referred to as "CONTRACTOR", whose business address is 470 Mirror Ct., Ste. 101 Henderson NV 89011 and whose Public Works Contractor License # is 021851-C4. INTRODUCTION Whereas, the City has a need for services involving Playground Resurfacing; 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 1. 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, 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 Settlers Park — Adventure Island Resurfacing Page 1 of 19 Project No. 10120.0 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 $174,276.62. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method ortime of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 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 Settlers Park—Adventure Island Resurfacing Page 2 of 19 Project No. 10120.0 terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 25 (twenty-five) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 30 (thirty) 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 $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 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. Settlers Park—Adventure Island Resurfacing Page 3 of 19 Project No. 10120.0 6. Independent Contractor: 6.1 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. 6.2 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. 6.3 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. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work 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. 9. Indemnification and Insurance: 9.1 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 Settlers Park—Adventure Island Resurfacing Page 4 of 19 Project No. 10120.0 term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold 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. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 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. 9.4 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. 9.5 * 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. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. Settlers Park—Adventure Island Resurfacing Page 5 of 19 Project No. 10120.0 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. 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. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. 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. 14. 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. Settlers Park—Adventure Island Resurfacing Page 6 of 19 Project No. 10120.0 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancit�org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. 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. 17. Reports and Information: 17.1 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. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At anytime 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. Settlers Park —Adventure Island Resurfacing Page 7 of 19 Project No. 10120.0 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. Settlers Park—Adventure Island Resurfacing Page 8 of 19 Project No. 10120.0 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. 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. Settlers Park — Adventure Island Resurfacing Page 9 of 19 Project No. 10120.0 32. 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. 33. 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 City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-489-0417 CONTRACTOR Flexground NV, LLC Attn: Charlie Robertson 470 Mirror Ct., Ste 101 Henderson, NV 89011 Phone: 702-303-8701 Email: crobertson@flexground.com Idaho Public Works License # 021851-C-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY=E;; TAMMY de WEERD, MAYOR x Dated: I() - 1p - I Approved by Council: E VJ HOLMAN, CITY CLERK FLKEXGROUND NV, LLC BY: Dated: - ,z 9,- / r „G h City of El�iDIAN�--' 10AH0 y r SEAL lhe Tftf'�5�� Settlers Park — Adventure Island Resurfacing Page 10 of 19 Project No. 10120.0 Purchasing Approval BY: ✓°� Keith . aus, Purchasing Manager Dated:: / q11 Project Manager Mike Barton Settlers Park—Adventure Island Resurfacing Project No. 10120.0 Parks D;(partment Approval f BY:, Steve Sidovuy, ParksfDepartment Director Dated:: Page 11 of 19 EXHIBIT SCOPE OF WORK REFER TO INVITATION TO BID PKS-15-10120.0 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PKS-15-10120.C, 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: • SPECIAL PROVISIONS/TECHNICAL SPECIFICATIONS by City of Meridian Staff (6 pages) Settlers Park—Adventure Island Resurfacing Page 12 of 19 Project No. 10120.0 SPECIFICATIONS PART I - GENERAL 1.1 WORK INCLUDED 1.1.1 This work includes removing and disposing of existing worn poured in place surface. Furnishing and installing of poured -in-place rubber surfacing for playgrounds. The surfacing Manufacture/installer shall be responsible for all labor, materials, tools, and equipment to perform all work and services for the installation of the surface. 1.1.2 The wear layer and impact layer combined shall be 3.5" thick under the swing area and 3" thick under the playground area. Contractor to verify existing conditions and depths to achieve specified fall attenuation prior to bidding. 1,2 SUBMITTALS 1.2.1 The playground protective surfacing shall be poured -in-place and troweled to provide for a resilient, seamless rubber surface installed over the specified rigid base. The playground protective surfacing shall be comprised of an SBR base mat and EPDM or TPV colored cap, with both layers being mixed with a non-flammable, non -shrinking, one part moisture cured polyurethane adhesive as recommended by the manufacturer and capable of bonding to concrete, asphalt or compacted stone. The protective playground surfacing shall be stable and slip resistant to complywith, meet or exceed all requirements set forth in the Americans with Disabilities Act (ADA) and the American Standard Testing Methods (ASTM and Consumer Products Safety Commission (CPSC) for manufactured Safety Surface as detailed below. 1,3 QUALITYASSURANCE 1.3.1 Product to meet all test results required by product manufacturer as follows: 1.3.1.1 Impact Attenuation — ASTM F 1292: Surfacing within playground equipment use zones shall meet or exceed the performance requirements of CPSC, ASTM F 1292 and/or CSA Z614-98 that a surface yield both a peak deceleration of no more than 200 g's and a Head Injury Criteria (HIC) value of no more than 1,000 for a head -first fall from the highest accessible portion of play equipment being installed as shown on drawings. Manufactured Safety Surface: For surfaces manufactured for the purpose of playground safety surface, the impact attenuation performance shall be documented by a certificate of compliance provided by third party at Owners or contractor's expense. 1.3.1.2 Coefficient of Friction —ASTM D2047: All products must meet minimum standard on coefficient of friction of 0.7 — wet, 0.9 —dry. 1.3.1.3 Surface Frictional Properties and Skid Resistance — ASTM E303: All products shall meet or exceed 90 BPN when tested Dry and 64 BPN when tested Wet. 1.3.1.4 Permeability: Product shall meet or exceed a coefficient of permeability of seven (7) feet per minute. Note: From a geotechnical standpoint, the permeability of a material is a measure of the velocity at which water will flow through the void spaces or pores under a given hydraulic gradient. The product shall handle a minimum of 8" of rainfall per hour. 1.3.1.5 Flammability of Finished Floor Cover — ASTM D2859: Product shall pass flammability. 1.3.1.6 Accessibility of Surface Systems — ASTM F1951: All playground surfacing products must pass testing to ensure wheelchair access under and around playground equipment as required by the American Disabilities Act. 1.3.1.7 Tear Strength — ASTM D624 -00e1 Standard Test Method for Tear Strength of Conventional Vulcanized Rubber and Thermoplastic; Tear Resistance must be equal to or greater than 12 Settlers Park — Adventure Island Resurfacing Page 13 of 19 Project No. 10120.0 pounds per inch. 1.3.1.8 Tensile Strength — ASTM D412-02 Standard Test Method for Tear Strength of Conventional Vulcanized Rubber Elastomer and Thermoplastic Elastomer: Tear Resistance must be equal to or greater than 25 Psi. 1.3.1.9 IPEMA Certification Required: "In the Interest of playground safety, the International Play Equipment Manufacturers Association (IPEMA) provides a Third Party Certifications Service whereby a designated independent laboratory, TUV SUD America Inc., (TUV), validates a surfacing manufacturer's certification of conformance to ASTM F1292, Standard Specification for Impact Attenuation Under and Around Playground Equipment, and for engineered wood fiber manufacturer its certification of conformance, also to ASTM F2075, Standard Specifications for Engineered Wood Fiber for use as a Playground Safety Surface Under and Around Playground Equipment, and Section 4.4, for testing Sieve Analysis and Section 4.6, for testing the presence of Tramp Metal. A list of current validated products, their thickness and critical height may be viewed at www.ipema.org. 1.3.2 Installer Qualifications: All materials under this section shall be installed be the Manufacture or its Certified Installers. The playground surfacing installation shall not be performed by anyone other than the product Manufacturer or its Certifies Installers. 1.3.3 Contractor Pre -Qualifications 2.2.1.1 A list of surfacing projects completed with a similar product. List shall include names of project representatives and respective telephone numbers. At least five (5) of these projects must be at least three (3) years old. This list shall also contain projects which require the same level of difficulty, size of project, type of project, e.g. color transitions and special graphics. 2.2.1.2 All bidders must also submit Material Safety Data sheets (MSDS) and Product Data Sheets on all materials. 2.2.1.3 Insurance Requirements —All bidders must carry minimum insurance requirements set by Owner. 1.4 SUBMITTALS 1.4.1 One original hard copy of the submittal package will be supplied with additional copies on individual CD's. Upon request only hard copies shall be supplied. 1.4.2 Manufacturer's descriptive date and installation instructions. 1.4.3 Manufacturer's details showing depth of wear surface and sub -base materials, anchoring system and edge details. 1.4.4 A list of all materials and components to be installed, including Manufacturer's name, storage requirements, and precautions, and shall state chemical composition and test results to which material has been subjected in compliance with these specifications. 1.4.5 Test results to substantiate that the product meets or exceeds all ASTM and ADA requirements for each standard listed in Section 1.3 Quality Assurance. Test must be performed and certified by an independent laboratory. 1.4.6 Copy of IPEMA Certification. 1.4.7 Documentation of Contractor Pre -Qualification as states in Section 1.3 Quality Assurance. 1.4.8 Documentation of Insurance Requirements as stated in Section 1.3 Quality Assurance. 1.4.9 Statement signed by the Manufacturer of the synthetic safety surfacing attesting that all material under this section shall be installed by the Manufacturer or its Certified Installers. 1.4.10 A list of installation where products similar to those proposed for use have been installed and have been in successful service for a minimum period of three (3) years. This list shall include Owner or Settlers Park —Adventure Island Resurfacing Page 14 of 19 Project No. 10120.0 purchaser, address of installation, date of installation, contact person, and phone number. 1.4.11 Upon request, a sample specimen of safety surface proposed for this project. 1.4.12 Upon request, a list of all organization and affiliations of the company offering the product(s). 1,5 DEL/VERY, STORAGE, AND HANDL/NG 1.5.1 Materials and equipment shall be delivered and/or stored in accordance with the Manufacturer's recommendations. 1,6 PROJECT SITE CONDITIONS 1.6.1 Synthetic safety surfacing shall be installed on a dry subsurface, with no prospect of rain within the initial drying period, at temperatures recommended by the Manufacturer. 1.6.2 Installation in weather conditions of extreme heat, temperatures less than 40 degrees (F), and/or high humidity may impact curing time, and/or the structural integrity of the final product. Immediate surroundings of the site shall be reasonablyfree of dust conditions and poor particulate air qualitywill impact the final surface look. 1.6.3 The Manufacturer's installation manager shall reserve the right to control the project schedule installation based on such factors without penalty to playground protective surfacing manufacturer. 1.6.4 Safety surfacing shall be installed around the existing playground equipment. 1,7 WARRANTY 1.7.1 Surfacing shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and material for a period of no less than five (5) years or as specified and agreed upon per contract. PART 2 - PRODUCTS Z, I MANUFACTURERS 2.1.1. Basis -of Design Manufactures: Subject to compliance with requirements, provide products of No Fault Safety Surface as manufactured and sold by No Fault Sport Group, LLC. or comparable products by one of the following: 2.1.1.1 Flexground Playground Safety Surfacing 2.1.1.2 Surface America 2.1.1.3 USSA Polystar 2.1.2 All safety surfaces shall consist of synthetic poured -in-place safety surfacing meeting the requirements of this specification and comprised of SBR, EPDM or TPV, and polyurethane binder. 2,2 MATER/ALS Settlers Park — Adventure Island Resurfacing Page 15 of 19 Project No. 10120.0 2.2.1 Polyurethane Binder 2.2.1.1 Binder for safety surfacing shall be specifically designed for use with rubber granule material for outdoor installations. 2.2.1.2 Binder is a single component polyurethane pre -polymer formulated using a poly foam of Diphenymethane 4, 4' Diisocyanate (MDI), Amber Viscosity — 4500cps, NCO content — 9.0, Density — 20dc68, PCF Flash Point - >390dF, Elongation — 550%, Tensile — 3900 Ib/sq. in. 2.2.1.3 No toulene diphenel isocyanate (TDI) shall be used. 2.2.1.4 No filler materials shall be used in urethane such as plasticizers and the catalyzing agent shall contain no heavy metals. 2.2.1.5 Weight of polyurethane shall be no less than 8.5 lbs/gal (1.02 Kg/1) and no more than 9.5 lbs/gal (1.14 Kg/1). 2.2.1.6 Color tinted binder will not be allowed. 2.2.2 SBR (Impact Layer) 2.2.2.1 Only 100% shredded styrene butadiene rubber may be used. 2.2.2.2 Stands of SBR may vary from 0.5 mm -2.0 mm in thickness by 3.0 mm —20 mm in length. 2.2.3 EPDM (Wear Surface) 2.2.3.1 EPDM particles shall meet requirements of ASTM D 412 and CSA Z614-98 for tensile strength and elongation; and ASTM D 2240 (Shore A) hardness of 55-65, not less than 26 percent rubber hydrocarbons. 2.2.3.2 EPDM shall be peroxide cured with an EPDM content of 26 percent and shall include a processing aid to prevent hardness with 26 percent poly content to maintain dynamic testing characteristics, weatherization and UV stability. 2.2.3.3 Size of rubber particles shall be not less than 1.00 mm, or greater than 3.0 mm across with a minimum EPDM content of 25 percent byweight and certified letter from Manufacturer stating this content. All rubber shall remain consistent in gradation and size. 2.2.3.4 Strand, shaved, chipped or shredded rubber is not acceptable in the poured cap. 2.2.4 TPV (Wear Surface) 2.2.4.1 TPV material shall be angular granules with a Shore A Hardness of 65A +-, a tensile strength equal to or greater than 3.0 Mpa, and an elongation at break greater than 400%. 2.2.4.2 Size of TPV particles shall be not less than 1.00 mm, or greater than 4.0 mm across. 2.2.4.3 Strand, shaved, chipped or shredded material of any type is not acceptable. 2,3 PRODUCT SUBSTITUTIONS AND APPROVED EQUALS 2.3.1 All product substitutions must be submitted for preapproval at least fourteen (14) days prior to bid opening date. A complete submittal package, as outlined in Section 1.4 Submittals must be provided before a substitute product will be considered for preapproval. If the product submitted cannot meet all requirements of the su bm ittal, package, it will not be considered. 2.3.2 Once all products submitted for substitution have been reviewed, a list of the approved substitutes will be circulated and made available to bidders. ' PART 3 — EXECUTION 3.1 SUB -BASE REQUIREMENTS " 3.1.1 Owner or Owner's representative shall provide '84 -surface in accordance with Manufacturer's recommendations for the project location and application. 3.1.2 The base shall be existing concrete, asphalt, or compacted stone installed in accordance with Manufacturer's written specifications. Settlers Park—Adventure Island Resurfacing Page 16 of 19 Project No. 10120.0 3.1.3 The base shall have the specific minimum slope (2%) and shall vary no more than 1/8" when measured in any direction with a 10' foot straight edge. Verify that sub -surfacing drainage, if required, has been installed to provide positive drainage. 3.1.4 Tolerance of concrete or bituminous subsurface shall be within 1/8 inch (3.0 mm) in 10 feet (3050 mm). Tolerance of aggregate subsurface shall be within 3/8 inch (10mm) in 10 fee (3050 mm). Verify that aggregate subsurface has been fully compacted in 2" lifts to 95 percent or greater. 3.1.5 Asphalt base shall be allowed to cure a minimum of fourteen (14) days and new concrete shall be allowed to cure a minimum of seven (7) days prior to commencement of surfacing. 3.1.6 All sub -bases shall be approved by Owner or Owner's representative prior to installation of the safety surface. 3.1.7 Alternate sub -base materials must have prior approval from Manufacturer. 3.2 PREPARATION 3.2.1 Scheduling- Playground Safety Surfacing shall be installed after other sub -contractors are complete; the area is free from pedestrian traffic, and under the conditions as outlined in Section 1.6 Project Site Conditions. 3.2.2 Cleaning —After the existing poured in place surface is removed per 1.1 the contractor shall ensure the entire subsurface is clean, dry and free from any foreign and loose material. The contractor is required to remedy as needed. 3,3 INSTALLATION 3.3.1 SBR Cushion Layer 3.3.1.1 Polyurethane binder and SBR will be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with Manufacturer's recommendations. 3.3.1.2 Binder shall be not less than 18 percent (18%), nor more than 22 percent (22%), of the total weight of rubber, and shall provide 100 percent coating of the particles. 3.3.1.3 The SBR and binder mixture will then be poured -in-place by means of screeding, and hand troweled to maintain a seamless application. 3.3.1.4 Installation method shall use a measured screed rod 1/16" thicker than the required depth. 3.3.1.5 Whenever practical, SBR cushion layer shall be installed in on continuous pour on the same day. When a second pour is required, fully coat the edge of the previous work with polyurethane binder to ensure 100 percent bond with new work. Apply adhesive in small quantities so the new SBR mixture can be placed before the adhesive dries. 3.3.1.6 Total depth of the safety surface system throughout the playground equipment use zone shall be as required to meet that application critical fall height requirements or as specified by Owner or Architect. 3.3.1.7 Edges- Surface edges shall be flush with edge of adjacent area or tapered to provide safe transition. When connecting to a concrete curb or border the hardened edge shall be primed with adhesive. 3.3.1.8 The SBR cushion layer surface shall be porous. 3.3.2 EPDM or TPV Wear Course Layer 3.3.2.1 Polyurethane binder and EPDM or TPV will be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufacturer's recommendations. 3.3.2.2 The binder shall be not less than 20 percent of total weight of rubber used in the wear surface, and shall provide 100 percent coating of the particles. 3.3.2.3 The EPDM or TPV and binder mixture will then be poured -in-place by means of screeding, and Settlers Park — Adventure Island Resurfacing Page 17 of 19 Project No. 10120.0 hand troweled to maintain a seamless application. 3.3.2.4 Installation method shall use a measure screed rod 1/16" thicker than the required depth. 3.3.2.5 The cap will have a minimum weight of 2.2 pounds per square foot 3.3.2.6 Thickness of wear surface shall be a minimum 3/8 inch. 3.3.2.7 The wear layer shall be porous. 3.3.2.8 If graphic design and color transitions are used, they shall be full wear course depth. Color(s) to be determined by Architect. 3.3.2.9 Edges -Surface edges shall be flush with edge of adjacent area or tapered to provide safe transition. 3.3.2.10 Large Area- All areas in excess of 2,000 sq. ft or that requires adjacent color pours will have a cold joint or seam due to the nature of the installation process. Although seldom visible, large areas or adjacent colors require that the playground protective surfacing material to be installed on separate days. 3.3.2.11 Color: The wear course shall be a blend of no fewer than three Standard Colors chosen by the Architect or Owner during the submittal process. The specific pattern will be chosen by Owner upon contract award. 3,4 PROTECT/ON 3.4.1 The synthetic safety surface shall be allowed to fully cure in accordance with Manufacturer's instructions. The surface shall be protected by the contractor from all traffic during curing period of 48 to 72 hours after surface installation is complete, or as instructed by the Manufacturer. 3.4.2 Surface installation crew shall be responsible for the protection of the playground protective surfacing during the installation process. Contractor shall supply a 6' chain link construction fence around the perimeter of the project. 3.5 CLEAN UP 3.5.1 Manufacturer's installer shall not leave adhesive on adjacent surface or play equipment. Spills of excess adhesive shall be promptly cleaned. 3.5.2 Manufacturer's installers shall properly dispose of all materials and packing waste before leaving the job site. 3.5.3 Owner shall be responsible for supplying a dumpster at job site .for all waste associated with installation of the safety surface. END OF SECT/ON Settlers Park—Adventure Island Resurfacing Page 18 of 19 Project No. 10120.0 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed 174,276.62. Milestone 1 1 Substantial Completion 125 Days from Notice to Proceed Milestone 2 1 Final Completion 130 Days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentals as required for the SETTLERS PARK —ADVENTURE ISLAND RESURFACING per IFB PKS-15-10120.C. CONTRACT TOTAL ....................... $174276.62 CONTRACT IS A NOT TO EXCEED AMOUNT. SETTLERS PARK —ADVENTURE ISLAND RESURFACING page 19 of 19 Project 10120.0 B-9118829 THE CINCINNATI INSURANCE COMPANY Performance Bond CONTRACTOR (Name, legal status and address): FlexGround Nevada, LLC 470 Mirror Ct, Suite 101 Henderson, NV 89011 OWNER (Name, legal status and address): CITY OF MERIDIAN 33 E BROADWAY AVE MERIDIAN, ID 83642 CONSTRUCTION CONTRACT Date: October 06, 2015 Amount: $174,276.62 Description (Name and location): Settler's Park - Adventure Island SURETY (Name, legal status and principal place of business): THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD FAIRFIELD, OHIO 45014-5141 Date (Not earlier than Construction Contract Date): October -06,2015 Amount: $174,276.62 This document has Important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 comb hes two separate bonds, a Performance Bond and a Payment Bond, info one form. This Is not a single combined Performance and Payment Bond. Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company:Corporate Seal) FlexGround Nevada, LLC THE CINCINNA—T) )INSURANCE COMPANY. Signature: Signature: r Name and Title: Name and Title: Christina M Tighe, Attorney -in -Fact (Any additional signatures appear on the last page of this Performance Band.) (FOR INFORMATION ONLY - Nan e, caddrem and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer GBP Risk Solutions or other party): 4544 E Camp Lowell Dr Ste 110 Tucson, AZ 85712 The Company execuling this bond vouchesthatihis document conforms to American Institute of Architects Document A312, 2010 Edition. S -2100 -AIA -A312 (11110) PERFORMANCE BOND Page 1 hk 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5 When the Owner has 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 consent of the 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 qual ifed contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, b be secured with performance and payurntbondsexecuted by a qualfied suretyequivalentto the bonds issted on he Construction Contract,and pay to the Owner the amountof damages asdescribed in Section7 in excess ofthe Balance of the ContractPrice incurred by the Owneras aresult ofthe ContractorDefault on 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 ac practicable after the amount is determined, make payment to the Owner; or Denny liability in whole or in part and notify the Owner, citing the reasons for denial. 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. The Company executing this bond vouches that this document eonfixms to American Institute ofArchiteets Document A312, 2010 Edition. S -2100 -AIA -A312 (11110) PERFORMANCE BOND Page 2 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the 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 Contractor. 8 I 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 unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. 10 The Surety hereby waives notice of any cbange, 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 the 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. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page an which the 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 fiunished, the intent is that this Bond shdl be construed as a statubny bond and notes a common hw bond 14 Definitions 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to 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 between the Owner and the Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as regtrired under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 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 term Owner shall be deemed to be Contractor. The Clompcny ixearting this band vouches that this document conforms to American institute ofArdiiteots Document A312, 2010 Edition. S -2100 -AIA -A312 (11110) PERFORMANCE BOND Page 3 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) FlexGround Nevada, LLC Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: Name and Title: Address: The Company executing this bond vouchesthot this document conforms to American institute of Architects Document A312, 2010 Edition. S -2100 -AIA -A312 (11110) PERFORMANCE BOND Page 4 B-9118829 TIM CINCINNATI INSURANCE COMPANY Payment Bond CONTRACTOR (Name, legal status and address): FlexGround Nevada, LLC 470 Mirror Ct, Suite 101 Henderson, NV 89011 OWNER (Name, legal status and address): CITY OF MERIDIAN 33 E BROADWAY AVE MERIDIAN, ID 83642 CONSTRUCTION CONTRACT Date: October 06, 2015 Amount: $174,276,62 Description (Name and location): Settler's Park - Adventure Island SURETY (Name, legal status and principal place of business): TAE CINCINNATI INSURANCE COMPANY 6200 S. GHWORE ROAD FAMFIELD, OHIO 45014-5141 This document has important legal consequences. Consultation with an attomey is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, Info one form. This is not a single combined Performance and Payment Bond. Date (Not earlier than Construction Contract Date): October 06, 2015 Amount: $174,276.62 Modifications to this Bond: ® None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Corporate Seal) FlexGround Nevada, LLC THE CINCP1110IPSURANCE CONWANY Signature: 61 Signature: MA It A� Name and Title: Name and Title: Christina M Tighe, Attorney-in-Fracl (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY - Ntmte, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer GBP Risk Solutions or other party): 4544 E Camp Lowell Dr Ste 110 Tucson, AZ 85712 520-571-7737 The Company executing this bond vouches thit this document conforms to American Institute of Architects Doarmerd MR 2010 Edition. S2150 -AIA -A312 (11110) PAYMENT BOND Page 5 1 The Contractor and the 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 arms due to Claimants, and defends, indemnifies and holds harmless the Owner from claim , 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 under this Bond. 3 If there is no Owmr Default under the Constructor Contract, the Surety's oblgation to the Owner under his Bond shall arise after the Ownerhaspromptly notified The Contractor and the Sucty (at the adders described in Section 13)of claims, demands, liens or suits against he Owner or the Owner's property by anypeason or entity seeking payrrentfor labor,mateuals or equipmentf miishedforuse in the perbrmance ofthe Constnictron CContact and tendecd defenseof such claims, demands, flees or suit; to the Contractorand the Surey. 4 When the Ownerhas satisfied tie conditions in Section 3, tie Surety shall promptly and at the Surety's expense defend, indemnify and holdhambless the Owner againsta duly tendered claim, demand, lien orsuit. 5 The Surety'sobligations b a Claimant under this Bond shall arise after the fallowing: 5.1 Claimants,who do not have a dirctcontractwith the Contractor, .1 have furnished a written notice ofnon payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last f u-nishedmaterials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). 5.2 Chimants,who are employyed by orhave a direct contractwith the Contractor,have senta Clain to the Surely (at the address described u Section 13). 6 I a notice ofnon-paymentrequired by Secthn 5.1.1 is gven by ite Owner to the Contacbar, that is sufficient to satisfy a Claimant's obligation In furnish a written notice ofnon-payment underSection 5.1.1. 7 When a Chimanthas satsfied the conditons ofSections 5.1 or5.2, whichever is applicable, he Surety shallpronpdy and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a copy b the Owner, within sixty (60) days after receiptof the Claim., stating he amounts that are undisputed and the basis forhallenging anyamounts thatare disputed; and 7.21)ayor anangeforpaymentofany undispued amounts. 7.3 The Surety'sfailure b discharge ks obigations under Secton7.1 orSection 7.2 shall not be deemed toconsthate a waiver of defenses the Suety orContractormay have oracquue as to aClaim, exceptas to undisputed amorists forwhich tie Surety and Claimant have reached a Bement If, however, the Surety fids b discharge its oblgations under Section 7.1 orSection 7.2,theSureyshallindemni tieChimantforthe easonableattorneys feesthe Chimantincurs thereaftertorecover any sums found b be dueand owing b the Claimant 8 The Surety's btalobligation shallnot exceed the amount ofthis Bond, plus the amoint ofreasonable atomey's fees provided under Secton 7.3, and the amouit ofthis Bond shallbe credited fir any paytrents macbin goodfaith by the Surty. 9 Amounts owed by the Owner to the Contactor under he Constructnn Contractshall be used for the pe&rmance ofthe Construction Contract and b satisfy clains, if any,underany constructionperformance bond. By the Contractorfurnishing and the Owner accepting thisBond, they agree thatalI funds earned by he Contractor in the perbrmance ofthe Construction Contractate dedicated to sat fy obligations ofthe Contractorand Suety under this Bond, subject to the Owner's priorly to use the funds for the completion of the work. The Company executing this bond vouches that this document conforms to Americu n Institute of Architects DocumentA312, 2010 Edition. S -2150 -AIA -A312 (11110) PAYMENT BOND Page 6 10 The Suretyshallnot be Table b the Owner, Claimants orothers fir obligations of the Contractorthatare unrelat;d to the Construction Contract.The Owner shall notbe liable forpaymentofany costs orexpenses ofanyClaimantunderthisBond, and shallhave under this Bond no obligatfins to make paynrnts b, or give notice on behal8f, Claimants orotherwsehave any oblgations to Claimants und:r this Bond. 11 The Suretyhereby waivesnotice ofany chanr,, including charges oftime, to the Construction Contractor tD related suboontmcts, purchase orders and othem ligations. 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdictim in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16 DerwRions 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for wham the labor was dme, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to fiunish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this 136nd 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 rentalequnnpment used in the Construe tim 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 the jurisdiction where the labor, materials or equipment were furnished 16.3 Construction Contract. The agreement between the Owner and the Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. The Company executing this bond vouches that this document confomr, to American Institute of Architects UocumentA31A 2010 Editions S -2150 -AIA -A312 (11110) PAYMENT BOND Page 7 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 17 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 term Owner shall be deemed to be Contractor. 18 Modifications to this bond are as 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 Seat) Company: (Corporate Seal) FlexGround Nevada, LLC Signature: Name and Title: Address: Signature: Name and Title: Address: The Compmy exearting this bond vouches thotthis document confamis to American rnstitute of Architects Document A317,2010 Edition. S -2150 -AIA -A312 (11110) PAYMENT BOND Page 8 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Thomas Reid Scrivner, Sharon A Escandon, Richard Todd Gregson, Lawrence J Beach, Christina M Tighe, of Tucson, AZ its true and lawful Attorneys) -in -Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Two Million Dollars and 00/100 ($2,000,000.00) This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6" day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attomeys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 71 day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company," IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 10" day of May, 2012. oft"sTHE CINCINNATI INSURANCE COMPANY C= STATE OF OHiO ) ss: Vice President COUNTY OF BUTLER } On this 104, day of May, 2012, before me carne the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction -of said corporation. p MARK J. H R Attorney at Law �� �� NOTARY PUBLIC - STATE OF OHIO p�G f OFb date. expiration Section 147.03 O.R C I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a trite and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this 6th day of October 2015. �ooa`roa1E� a SE�AL,'i! %"4" onto BN -1005 (5/12) i ��;; # . leat /�? aa, Assistant Secretary ,4coR®® CERTIFICATE F LIABILITY INSURANCE 2/201IDDIYYYY, 9/222/2015 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poilcy(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 Iieu of such endorsement(s). PRODUCER GBP Risk Solutions www.GBPrs.com 3303 E Baseline Rd, Ste 101 CONTACT NAME: Teresa Martin PHONE FAX 1811 AIC No.MAIL ADOREss: - INSURERS AFFORDING COVERAGE NAIC N Gilbert AZ 85234 INSURER A:Evanston Ins. Co. 3006282 INSURED 13613 INSURER B:PeerIeSS Indemnity Insurance^ _ INSURER C!Great American E&S Ins Cc FlexGround Nevada LLC 470 Mirror Court, Suite 101 Henderson nv 89011 INSURaRD.-Technoloay Insurance Go. INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: R20AR4R84 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, ILTR TYPE OF INSURANCE ADDL iN R SUER WVD POLICY NUMBER POLICY EFF MMI POLICY EXP MM/DO/YYYY LIMITS A GENERAL LIABILITY Y 3006282 2/10/2015 2/10/2016 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED P E SES Ea occurrence) $100,000 MED EXP (Any oneperson) $Excluded CLAIMS -MADE OCCUR PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOPAGG $2000000 %( POLICY PRO-JECT LOC $ B AUTOMOBILE LIABILITY BAS 56577135 311/2015 3!112016 COMBINED SINGLE LIMIT Ea accident$1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULEDAUTOUTOS BODILY INJURY (Per accident) 5 PROPERTY DAMAGE $ Per accident HIREDSAUTOS NON -OWNED AUTOS $ C X UMBRELLA LIAB X OCCUR XS3843398 8111/2015 2/1012016 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 EXCESS LIAR CLAIMS -MADE DED I I RETENTIONS $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANFICEWMIETOREACLUDEDrXECUTIVE❑ NIA Y TWC3492329 812812015 8/2a/2016 X WC STATU- OTH- FR E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE S1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below - E.L. DISEASE - POLICY LIMIT 10,000,000 B Leased/Rented Eqt IM8997224 8/2812015 8/28/2016 Limit 10,000 Deductible 2,500 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) Certificate holder is additional insured as their interest may appear with respect to general liability, per the attached CG2033 4/13 and CG2037 4/13, and auto liability per the attached 16-94 05/07, when required by written contract. This coverage is primary and others is non-contributory when required by written contract per the attached CG2001 4/13. Waiver of subrogation applies with respect to general labiality per form MEGL 0241-014/11 and work comp per form WC000313 4/84, when required by written contract. Excess liability is following form. GhKIII-IGAIt MULUtK GANGtLLA11UN City of Meridian Purchasing Dept 33 E Broadway, Ste 106 Meridian ID 83642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1986-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD A A AV WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization as required by written contract 250.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 8/28/2015 Policy No. TWC3492329 Endorsement No. WC000313 Insured FlexGround Nevada, LLC Premium $ 5979 Insurance Company Technology Insurance Company Countersigned by ©1983 National Council on Compensation Insurance. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO GOLD ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II — LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or "employee" of yours while using a covered "auto' you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or "employee". g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of covered "auto' by an insured, if. (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract', or a written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) The permit has been issued to you. 2. COVERAGE EXTENSIONS a.. Supplementary Payments Subparagraphs (2) and (4) are amended as follows: (2) Up to $2,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident' we cover. We do not have to furnish these bonds. 16-94 (05/07) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 2001 & 2002 (3) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. SECTION III —PHYSICAL DAMAGE COVERAGES A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto' you lease, hire, rent or borrow from someone other than your "employees" or partners or members of their households is a covered "auto' for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" is the smallest of: (1) $50,000. (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind or quality. If you are liable for the "accident", we will also pay up to $500 per "accident' for the actual loss of use to the owner of the covered "auto'. c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto' for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto' you hire without a driver and excess over any other collectible insurance for any covered "auto' that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto' because of "loss" to a covered "auto'. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto'. If "loss" results from the total theft of a covered "auto' of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 7. Customized Furnishings Coverages We will pay with respect to a covered "auto' for "loss" to custom furnishings including but not limited to: a. Special carpeting and insulation; b. Height -extending roofs; c. Custom murals, paintings or other decals or graphics. Our limit of liability for "loss" to custom furnishings shall be the least of: 16-94 (05/07) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 2001 & 2002 a. Actual cash value of the stolen or damaged property as of the time of the "loss"; or b. The amount necessary to repair or replace the property; or c. $500. This coverage does not apply to electronic equipment. 8. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured -Lessor, in the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of "loss" less any amounts representing taxes, overdue payments, penalties, interest or charges resulting from overdue payments; additional mileage charges, excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag, Paragraph 4 is replaced with the following: 4. We will not pay for "loss" for any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c. does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "autos" electrical system, in or upon the covered "auto'; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. C. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. SECTION IV — BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties in The Event of Accident, Claim, Suit or Loss 16-94 (05/07) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 2001 & 2002 a, You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members or legal representatives is aware of the accident, claim , "suit" or loss. Knowledge of an "accident", claim, "suit" or "loss" by other "employee(s)" does not imply that you also have such knowledge. b. To the extent possible, notice to us should include: (1)How, when and where the "accident" or "loss" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "accident" or "loss". The following is added to paragraph 5. We waive any right of recovery we may have against any additional insured under Coverage A.1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or used of a covered "auto" pursuant to the provisions of the "insured contract", written agreement or permit. B. GENERAL CONDITIONS 7. paragraph e, is replaced in its entirety by the following: e. All parts of the world for an "auto" you hire for less than 30 consecutive days, if the insured's responsibility to pay damages is determined in a "suit" on the merits in the territory described in 7,a. — 7.d. 9. is added: 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 1b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 16-94 (05/07) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 2001 & 2002 COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional Insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2.. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising Injury', involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or Ib. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations, Page 2 of 2 © Insurance Services Office, Inc., 2012 CO 20 33 0413 POLICY NUMBER: 3CO6282 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization to whom you are obligated by valid written contract to provide such coverage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured Is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section ill — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © ISO Properties, Inc., 2013 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3CO6282 MARM EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Additional Premium: $ Included Name of Person or Organization: Any person(s) or organization(s) to whom the Named Insured agrees to waive rights of recovery in a written contract. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above as respects written contracts that exist between you and such person or entity, provided you have agreed in writing to furnish this waiver. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain unchanged. MEGL 0241-0104 11 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission. COMMERCIAL GENERAL LIABILITY CG 20 0104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 0104 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 eTRAKiT Page 1 of 1 Homo I Setup an Account I Lop In ConUaclor(v Username Password LOGIN L REMEMBER ME Forgot Password Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Public Works Search 9 Search Again Download Results Printable View Firs[ ,Prey, Page: 1 or 1 Next Last Details - License Number: 021851 Llc Into Registration #: 021851 Issue: 6/24/2015 Expire: 8/30/2016 Type: PUBLIC WORKS Sub -Type; C Status: ACTIVE Company: FlexGround Nevada LLC Phone: (702)823-2343 Cell: (702) 303.8701 Pager. Fax: (888) 6185661 Owner Name: The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible. No warientes, expressed or implied, are provided for the data herein, Its use, or its Interpretation, Utilization of this website lnd',cales understanding and acceptance of this statement 1.900.955-3044, 1090 E Waledower 61, Siete 150 Meriden ID 83642 HOME I CONTACT httnc•//WPh dhc idnhn nnv/etrAit1/C nctnm/Trinhn ArthIiieWnrke,I;anrchRcltc agnx 9/29/9,015 IDSOS Viewing Business Entity Page 1 of 1 s IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary a [ Get a certificate of existence for FLEXGROUND NEVADA LLC ] [ Monitor FLEXGROUND NEVADA LLC business filings FLEXGROUND NEVADA LL 470 MIRROR COURT STE 101 HENDERSON, NV 89011 Type of Business: LIMITED LIABILITY COMPANY Status: EXISTING State of Origin: NEVADA Date of 17 Nov 2014 Origination/Authorization: Current Registered Agent: INCORP SERVICES, INC. 1524 S VISTA AVE STE 12 BOISE, ID 83705 File Number: W144361 Date of Last Annual Report: Annual Report Due: Nov 2015 • [ H@lpl Me Print View TIFF ] Filed 17 Nov 2014 CERTIFICATE View Image(PDF format) OF AUTHORITY View Image (TIFF formatj Idaho Secretary of State's Main Page State of Idaho Hgme Pago Comments, questions or suggestions can be emailed to: sosfnfo(@sos.idaho.gay http://www.accessidaho.org/public/sos/corp/Wl44361.html 9/29/2015 Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: PROJECT NUMBER: AZ 15-012 ITEM TITLE: Findings of Fact F. Findings of Fact, Conclusions of Law: AZ 15-012 Graycliff Estates by L.C. Development, Inc. Located Southwest of W. Harris Street and S. Meridian Road Request: Annexation and Zoning of 52.46 Acres with R-8 (36.66 Acres) and R-40 (15.8 Acres) Zoning Districts 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: October 6, 2015 ITEM NUMBER: PROJECT NUMBER: PP 15-012 ITEM TITLE: Findings of Fact G. Findings of Fact, Conclusions of Law: PP 15-012 Graycliff Estates by L.C. Development, Inc. Located Southwest of W. Harris Street and S. Meridian Road Request: Preliminary Plat Approval Consisting of 120 Building Lots, Nine (9) Common Lots and One (1) Other Lot on 52.46 Acres of Land in the R-8 and R-40 Zoning Districts 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: October 6, 2015 ITEM NUMBER: 5H PROJECT NUMBER: FP 15-031 ITEM TITLE: Final Order Sovi H. Final Order: FP 15-031 Sovi Subdivision by DevCo Located 3515 S. Eagle Road Request: Final Plat Approval Consisting of Thirty -Six (36) Single Family Residential Lots and Seven (7) Common Lots on Approximately 4.86 Acres in the R-15 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: PROJECT NUMBER: FP 15-032 ITEM TITLE: Normandy Subdivision I. FP 15-032 Normandy Subdivision No. 1 by Schultz Development Located 4145 S. Locust Grove Road Request: Final Plat Approval Consisting of Forty -Four (44) Building Lots and Seven (7) Common Lots on 11.03 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 5J PROJECT NUMBER: FP 15-033 ITEM TITLE: Paramount Subdivision J. FP 15-033 Paramount Subdivision No. 30 by SCS Brighton LLC, Located North Side of W. McMillan Road and East of N. Linder Road Request: Final Plat Consisting of Fifty - One (51) Building Lots and Two (2) Common Lots on 16.49 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: Franklin Road K. Franklin Road Keylock Sewer and Water Easement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-093034 BOISE IDAHO Pgs=6 DAWN TRIVOLIS 10/07/2015 11:48 AM MERIDIAN CITY NO FEE IIIIIIIIIIIIIIII IN 1 II III 1111111111 III 00163202201600930340060067 SANITARY SEWER AND WATER MAIN EASEMENT G+!� THIS INDENTURE, made this ' qday of C , 2015 between Keylock Storage Franklin Road LLC, the party of the first part, and hereinafter called GRANTOR, and the City of Meridian, whose address is 33 E. Broadway Avenue Suite 300, Meridian, Idaho 83642, the party of the second part, and hereinafter called GRANTEE; WITNESSETH: WHEREAS, GRANTOR desires to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by GRANTOR, and other good and valuable consideration, GRANTOR does hereby give, grant and convey unto GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of 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 said GRANTEE, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. SANITARY SEWER AND WATER MAIN EASEMENT — Page I 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. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Keylock Storage Franklin Road LLC CB VZ - UY•Ronald L. Osborne, Manager STATEOF IDAHO ) ss. County of Ada ) On this day of �ea' '20 -L -, before me, the undersigned, a Notary Public in and for the State of , personally appeared Ronald Osborne, known or identified to me to be the Manager or member of the limited liability company that executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL); ; N O T,q s -Z' NOTARY PUBLIC FOR IDAHO �o _ Residing at: (P Commission G �` : z ; Commission Expires: 9 t-�D� v �►c Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jk))cee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) : ss County of Ada TVD AUCijS?. c,tV of IAN F IDPH IDAHO EAL w r� � FY ,�F � I � On this day of t0 20 before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL NOT Y UB IC FOR IDAHO Residing at: 1 di a n. Commission Expires: `an' SANITARY SEWER AND WATER MAIN EASEMENT — Page 3 THE LAND GROUP, INC. September 10,2O15 Project No. 114149 The following legal description is composed of two sections, the Exterior Boundary of the Easement and Interior Boundary of the Easement, The area enclosed thereof is the parcel being described hereinafter. Exterior Boundary An easement being located in the East One Half of the Northwest One Quarter of the Northwest One Quarter of Section 17, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described asfollows: Commencing and the Northwest Corner o{Section 17wfsaid Township 3North, Range 1East; Thence South 89056S6" East, a distance of 1322.91 feet on the Northerly line of said Section 17; Thence South OO^2757"West, adistance of48,OOfeet tmopoint mnthe Southerly Ri8ht-of4Nayline ofEast Franklin Road; Thence North 89^5GS6"West, adistance of127.G8feet nnthe Southerly K' h line o[East Franklin Road Umthe POINT OFBEGINNING; Thence South OO^53\4G" West, adistance of4O.S7feet; Thence South 45~53'4G" West, adistance of17.G7feet; Thence South OO^53'46" West, ndistance o[323Ofeet; Thence North 89"OG^14" West, adistance ofJO.00feet; Thence North OO,S3'4G" East, adistance of1Z.3Ofeet; Thence South 45^S3'46° West, mdistance of2O.D8feet; Thence North D9^DG'l4" West, adistance otG6.58feet; Thence South 4S"Z7'36" West, adistance of4.86feet; Thence South 0U"27'36" West, adistance ofS1.SOfeet, said point being POINT "A"; Thence South O9°32'24" East, adistance of193.O4feet; Thence North 00,28'33" East, a distance of 22.03 feet; Thence South Q9^31'27"East, adistance of26.88feet; Thence South OU"28^33" West, adistance of13.35feet; Thence North 89"3I27" West, adistance ofl1.88feet; Thence South 0O"JO'33" West, adistance ofSSU.4Zfeet; Thence North 89~3t'J7" West, odistance of20.O8feet; Thence North OO^28'33" East, adistance of37.7Ofeet; Thence North 89^31^27" West, adistance of4.ODfeet; Thence North OO^2B'33° East, adistance of24.47feet; Thence North 8Q^Sl'26° West, adistance of23S.78feet; Thence South DD^ZQ'53" West, adistance of5Z.17feet; Thence North 89"31'27" West, adistance ofZO.00feet; Thence North OO~2D'3I' East, adistance of72.17feet; Site Planning e Landscape Architecture - Civil Engineering m Golf Course Irrigation & Engineering a Graphic Design o Surveying 462E.Shonaorive,Suitcl00°EaX|e,|duho8361a°PZ0$,939.4U41°www.the|andQ/oupinc.com Thence South O0~31'32" East, adistance mf51.QGfeet; Thence North OO,27'36" East, adistance oF11.83feet; Thence North 89"32^24" West, adistance of1G.86feet; Thence North OO~28'2O" East, adistance mf13.D4feet; Thence South Q9"32'24" East, adistance of16.86feet; Thence North 00'27'35" East, adistance of47l.D4feet; Thence North 89"32'24" West, o distance of 3.07 feet; Thence North OD,27'26" East, adistance ofZO.00feet; Thence South 89^32'24" East, adistance o[IU7feet; Thence North OU~27'36" East, adistance of13.37feet; Thence North 45^27']G"East, adistance of2l.5%feet; Thence South 89^06'14" East, a distance of 66.67 feet: Thence North 45'53'46" East, e distance of 31.79 feet; Thence North 00'5346" East, a distance of 44.30 feet to a point on the Southerly Right -of -Way line of said East Franklin Road; Thence South 89'56'56" East, a distance of 32.50 feet on the Southerly Right -of -Way line of said East Franklin Road to the point o[beginning. A parcel of land situate in the East One Half of the Northwest One Quarter of the Northwest One Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described asfollows: Commencing atsaid Point "A"ashepeabovedescribed; Thence South 00'27'36" West, a distance of 20.00 feet to the POINT OF BEGINNING; Thence South 89~32'24"East, adistance of1D8J]4feet; Thence South OO"%8'33"West, adistance of449.57feet; Thence North 89~31'26" West, a distance of 187.82 feet; Thence North OO"27'36"East, adistance of449.52feet tothe point ofbeginning. PREPARED BY: THE LAND GROUP, INC. James R.Washburn Site Planning - Landscape Architecture ' Civil Engineering , Golf Course Irrigation & Engineering , Graphic Design - Surveying U.,! e' 'Tt',,'i f's 'j q, Sep! e,rr,u 1624+5 4! 4259 PM Z G �7. G, C, Franklin Road Keylock I-, F, C cn C) M E M a) M —i M CD co cn co 'A w CT) 13 12 cr 1 =1 cis M :r. M M ca G -1i cr M 0 T, �? cr rs F, �F 7 8 -BASIS OF BEARINGS- S89"56'56"E 1322.91' 8 17 E. Franklin Road 1 - - -, I I— L34 1� 127,68" n 2f U) N89056'56,w -n C -i C-) co CD cn -- C_- -i in C) 0 cn C? M CD ru CZ) U L4 r- cn M S89032241 193,04' L11 S89032'24"E 188.04' v. _® M C:) M C? wN Utility Easement Exhibit r. Franklin Road Keylock rQ 1975 E. Franklin Road Mcildlan Idaho cn C) M E M a) tq F —i M CD co cn co w CT) > cr CD cc.50 =1 M M :r. M M ca G -1i M 0 T, �? cr rs F, �F M Cal cr rn F-)4 7 8 -BASIS OF BEARINGS- S89"56'56"E 1322.91' 8 17 E. Franklin Road 1 - - -, I I— L34 1� 127,68" n 2f U) N89056'56,w -n C -i C-) co CD cn -- C_- -i in C) 0 cn C? M CD ru CZ) U L4 r- cn M S89032241 193,04' L11 S89032'24"E 188.04' v. _® M C:) M C? 4_t I T_ n cr) - I Ire M C) �0 K UD Ln X. U1cn M M 41 M cn N89 -31-26"W 187,92' rT C" N891126V 23_5,78-' to 4 L19 L14 wN Utility Easement Exhibit Franklin Road Keylock rQ 1975 E. Franklin Road Mcildlan Idaho cn C) M CD I M a) tq F —i M CD co cn co w CT) > 25 CD cc.50 =1 M M :r. M co ca 4_t I T_ n cr) - I Ire M C) �0 K UD Ln X. U1cn M M 41 M cn N89 -31-26"W 187,92' rT C" N891126V 23_5,78-' to 4 L19 L14 wN Utility Easement Exhibit Franklin Road Keylock app 1975 E. Franklin Road Mcildlan Idaho Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: Resolution Destroy Records L. Resolution No. �� 4 A Resolution Authorizing the City Clerk to Destroy Certain Semi -Permanent and Temporary Records of the Meridian Public Works Department MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS A CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI- PERMANENT AND TEMPORARY RECORDS OF THE MERIDIAN PUBLIC WORKS DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section 50-907(4) to, by resolution, destroy semi-peirnanent and temporary records, upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain semi-permanent and temporary records that may be destroyed pursuant to Idaho Code sections 50-907(2) and (3) because the time period for retention of such records has expired; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the following temporary records of the Public Works Department: Section 2. That the City Clerk is hereby authorized to direct and supervise the destruction of the following semi-permanent records of the Public Works Department: . I Ada Country Highway District Permits issued by Ada County Highway District (ACRD) Permits 2002, 2004-2008 (ACRD) to dig in public utility easement. Work documents utilized to build base budgets and Budget Preparation Records 1999 g p establish yearly budgets, including vehicle replacement worksheets, enhancements, amendments and carry forward support. Agendas and meeting minutes for special groups convened by Public Works such as City Services Focus Committee Records 2003-2009 Group, Construction Best Management Practices Sub - Committee, Energy. RESOLUTION AUTHORIZING DESTRUCTION OF PUBLIC WORKS DEPARTMENT RECORDS 2015-04 PAGE 1 OF 3 Section 3. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Adopted by the City Council of the City of Meridian, Idaho, this day of October, 2015. RESOLUTION AUTHORIZING DESTRUCTION OF PUBLIC WORKS DEPARTMENT RECORDS 2015-04 PAGE 2 OF 3 A written authorization prepared prior to employee entry into a Permit Required Confined Space. The Confined Space Entry Permit 2007-2009 Department's permit contains specific entry space, purpose and time conditions under which the entrance will operate. Correspondence, Administrative p 2006 Correspondence created or received in the course of administering City policies, procedures, or programs. Departmental Reports p p 2000 2002 Department reports, performance management presentations. Emergency Master Plans g Y 2004 Emergency plan records for City Hall, Emergency Management, and Continuity of Operations. Meeting Minutes 2003, 2008-2009 Internal meeting agendas, minutes, sign -in sheets. Rate /Fee Records 1975-2004 Records related to establishing utility rates and fees, including calculations, research and recommendations. Records documenting the maintenance and repair of City sewers. May include summaries, reports, and similar records usually compiled from daily work Sewer Maintenance and Repair 2007-2009 records on a monthly or quarterly basis. Information often includes location, narrative of work completed, Records amount and type of material used, personnel completing work, dates of activities, authorization, and related information. Agreements between the City and landowners related to the application of sewage sludge to approved sites. Sewer Sludge Application 1980-1987, 1998-1999 Records include signed agreements, exhibits, amendments and related documents. Information Agreements Landowner A gr' typically includes: agreement number, date, conditions or terms, parties involved, period covered, and signatures. Reports documenting television inspections used to locate problems and defects in sewer lines. Often consists of periodic inspections of existing lines, final Sewer Television / inspections of newly constructed lines, and inspections Videoscan Inspection 1995-2004 at the end of warranty periods. Records usually contain Records videotapes and written reports. Information typically includes: date, type of inspection, conditions found, repairs needed, distances from manholes, and related information. Studies 1999, 2004 Studies related to Public Works as provided by consultants. Training / Travel 2008-2009 Records documenting attendance and presentation by City employees at conventions, conferences, seminars, workshops, and similar training events. Includes training/travel requests, training and Continuing Education Unit (CEU) tracking reports, and related correspondence. Section 3. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Adopted by the City Council of the City of Meridian, Idaho, this day of October, 2015. RESOLUTION AUTHORIZING DESTRUCTION OF PUBLIC WORKS DEPARTMENT RECORDS 2015-04 PAGE 2 OF 3 Approved by the Mayor of the City of Meridian, Idaho, this b day of October, 2015. APPROVED: �- Mayor Taffy de Weerd 4CIerIT,,, CD AU�1� ATTEST: T'l sCity of By: Jaycee Holman, CiEAS..e TRE ASUQ RESOLUTION AUTHORIZING DESTRUCTION OF PUBLIC WORKS DEPARTMENT RECORDS 2015-04 PAGE 3 OF 3 Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: Approval of Amendment Task Order 10601.A M. Approval of Amendment No. 1 to Task Order 10601.A to Brown & Caldwell, Inc. for the " WRRF CAPACITY EXPANSION - DESIGN" Project for a Not -To -Exceed amount of $228,907.00 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 Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Emily Skoro Date: 10/1/2015 Re: October 6th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 6t' City Council Consent Agenda for Council's consideration. Approval of Amendment No. 1 to Task Order 10601.A to Brown & Caldwell, Inc. for the " WRRF CAPACITY EXPANSION — DESIGN" project for a Not -To -Exceed amount of $228,907.00. Recommended Council Action: Award of Task Order 10604.A to Brown & Caldwell, Inc. for the Not -To -Exceed amount of $228,907.00. Thank you for your consideration. • Page 1 E IDIAN,*-----, Public IDAHO Works Department TO: Keith Watts FROM: Emily Skoro Staff Engineer II DATE: 9/29/2015 Mayor Tammy de Weerd City Council Members# Charlie Rountree Keith Bird Joe Borton Luhe Cavener Genesis Milam David Zaremba SUBJECT: WRRF CAPACITY EXPANSION PROJECT; AMENDMENT TO TASK ORDER 10601A WITH BROWN AND CALDWELL IN THE AMOUNT OF $228,906.00. THE ORIGINAL CONTRACT AMOUNT FOR THIS TASK ORDER WAS $444,699.00. I. DEPARTMENT CONTACT PERSONS Emily Skoro, Staff Engineer II 489-0356 Clint Dolsby, Assistant to City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Tom Barry, PW Director 489-0372 II. DESCRIPTION A. Background In the fall of 2014, influent wastewater flows at the Wastewater Resource Recovery Facility (WRRF) reached nearly eighty percent of the design capacity of the wastewater facility. The benchmark in the wastewater industry recommends initiating design of capacity improvements to the facility when the influent flows reach approximately eighty percent of the design capacity. As a result of this, Brown and Caldwell was contracted to complete an evaluation of the existing WRRF treatment capacity and an alternatives evaluation for capacity related upgrades to the WRRF. Based on their modeling efforts and the pending NPDES permit requirements, the WRRF needs to design and construct additional treatment capacity and processes to meet the changing regulations and accommodate future growth. This project supports the Public Works Mission and Vision for enhancing and protecting water quality and is aligned with preparations for Meridian's new NPDES discharge permit. This project supports NPDES Implementation Plan No. 41. Page I of 3 ---------------------------------------------------------------------- ----- —------------- —----------- ---- Fiscal Year 2017 ; Account Code / Costs Codes r----------------------------------------------------------------------------- -i 60-3590-96151 TBD ------------------------------------------------------------------------------------------------------------------ --------------------------,----------------- --------------------------------------------------------------------------------------- ----------------- Total TBD Total Project Cost TSD B. Alternatives The City could choose not to approve the amendment to the task order and stop design plan development but would have to act to slow or stop new growth and development. C. Time Constraints Because time is of the essence, not moving forward with this task order may impact the City's ability to accommodate future growth and ability to meet the proposed effluent targets in the NPDES permit. Departmental Approval: 6015-2- OK- Page 5soK. Page 3 of 3 E ltiEl CITY OF MERIDIAN CONTRACT AMENDMENT No 1 BROWN AND CALDWELL For WRRF CAPACITY EXPANSION DESIGN FY16 CONTRACTOR NAME: DEPARTMENT NAME: Brown and Caldwell Public Works ADDRESS: ADDRESS: 950 West Bannock Street, Suite 350 33 E. Broadway Boise, ID 83702 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Contract Name: WRRF CAPACITY EXPANSION DESIGN FYI Protect No. 10601.A Previous Amendment Date: 1A Previous Amendments: 0 Current Contract Dates: START: July 14.2016 COMPLETION: September 30.2015 Current Contract Amount (Inclusive of Previous Amendments to Date): $444,699 AMENDMENT TO EXERCISE OPTION TO RENEW (Check all that Apnly) Amendment to Contract Performance X Amendment to Contract Dates X Amendment to Contract Amount _, Other: (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendmenQ: Continuation of existing task order services for FYI S. NEW CONTRACT INFORMATION: Amendment Date: October 6. 20116 New Contract Dates: START: October 7. 2015 COMPLETION: November 30. 2016 Amount of Amendment Change $226.907 New Contract Amount (Inclusive of Previous Amendments to Date): $637.606.00 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF MERIDIAN 0 TAMMY leWLERD, MAYOR Dated: 0 o� Attest: city of ERIDIAN*_-- �� IDAHO JA E H AN, CITY CLER"Kk�-,� JSEAL, TRC!.5��. BROWN AN CA DWELL BY: MAR A KNOWLTON, VICE-PRESIDENT Dated: t o l ! 1 Approved by City as to Content BY: KEITHATTS, PURCHASING MANAGER PW Department Authorizatio 2�� SCOPE OF WORK AMENDMENT NO. 1 to TASK ORDER NO. 10601.A WRRF CAPACITY EXPANSION DESIGN FY15 This amendment continues the Scope of Work from the original Task Order. Tasks 103, 104, 1015, 106, 107, 108, 109, 110, 300 and 310 continue and Tasks 330 and 340 are commenced. 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. M 07 C N a� D c a� a� a 0 ch W CL C: rn a� c LL 101 ; To ographic Survey and Base Mapping Support 102 Geotechnical Investigation and Report Support_ 103 Architectural PreliminaryDesign 104 Civil Preliminary Design 105 Structural Preliminary Design 106 Process -Mechanical Preliminary Design 107 Building -Mechanical Preliminary Design 108 Electrical Preliminary Design 109 Instrumentation Preliminary Design 110 Document Preparation 203 Architectural Design 204 ( Civil Design 205 Structural Design 206 Process -Mechanical Design 207 Building Mechanical Design 208 Electrical Design 209 Instrumentation Desian Amendment No. 1 to Task Order 10601.A WRRF Capacity Expansion FY2015 Page 1 of 9 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 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: Amendment No. 1 to Task Order 10601.A WRRF Capacity Expansion FY2015 Page 2 of 9 Brown and Caldwell 210 j_Document 220 Preparation Bid Period Services _ C 300 Project Management E •q o a(n) 310 Coordination Meetings__ a) a) a) 0_9 o rn o E Z 320 Permitting Assistance L.. N :3a) �- C: 07 U) 330 Cost Estimating and Scheduling 340 Quality Assurance/Quality Control (Q 400 Series Submittals Changes/RFIs m o Site Coordination/Progress Meetings N Field Inspections 0 Record Drawings °- 0 O&M Manual Update Start -Up Support Services I Proiect Manaqement 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 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: Amendment No. 1 to Task Order 10601.A WRRF Capacity Expansion FY2015 Page 2 of 9 Brown and Caldwell 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. • 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 PERM 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. Amendment No. 1 to Task Order 10601.A WRRF Capacity Expansion FY2015 Page 3 of 9 Brown and Caldwell — 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 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. Amendment No. 1 to Task Order 10601.A WRRF Capacity Expansion FY2015 Page 4 of 9 Brown and Caldwell 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 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. Amendment No. 1 to Task Order 10601.A WRRF Capacity Expansion FY2015 Page 5 of 9 Brown and Caldwell 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. • After incorporating City comments, prepare a final PER/30 Percent Design package for the City (one electronic and five hard copies will be provided). 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 Amendment No. 1 to Task Order 10601.A WRRF Capacity Expansion FY2015 Page 6 of 9 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 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. 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 Amendment No. 1 to Task Order 10601.A WRRF Capacity Expansion FY2015 Page 7 of 9 Brown and Caldwell 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 TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) for Amendment No. 1 from the City by October 2015 and resulting in completion of the tasks by November 2015. An NTP issued on a different date will change the schedule accordingly. The estimated expenses are included in the amounts below and are based on the following: • Task 103 Architectural Preliminary Design - Subconsultant: CTA Group — $7,868 • Task 107 Building -Mechanical Preliminary Design - Subconsultant: CTA Group — $3,486 • Task 108 Electrical Preliminary Design - Subconsultant: DC Engineering — $18,000 • Task 310 Coordination Meetings (1 trip) - 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) Amendment No. 1 to Task Order 10601.A WRRF Capacity Expansion FY2015 Page 8 of 9 Brown and Caldwell COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation 100 PER/30 PERCENT DESIGN ■ 101 Topographic Survey and Base Mapping Support N/A 102 Geotechnical Investigation and Report Support N/A 103 Architectural Preliminary Design November 2015 $7,868 104 Civil Preliminary Design November 2015 $8,960 105 Structural Preliminary Design November 2015 $9,930 Amendment No. 1 to Task Order 10601.A WRRF Capacity Expansion FY2015 Page 8 of 9 Brown and Caldwell 106 Process — Mechanical Preliminary Design November 2015 $48,450 107Building — Mechanical Preliminary Design November 2015 $3,486 108 Electrical Preliminary Design November 2015 $20,795 109 Instrumentation Preliminary Design November 2015 $4,360 110 Document Preparation November 2015 $7,190 200 FINAL DESIGN 203 Architectural Design • N/A 204 Civil Design ■ N/A 206 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 November 2015 $7,069 310 Coordination Meetings November 2015 $10,341 320 Permitting Assistance ■ N/A 330 Construction Cost Estimate and Construction Schedule ■ November 2015 $60,372 340 QA/QC • November 2015 $40,086 TASK ORDER AMENDMENT NO. 1 TOTAL: $228,907.00 The Not -To -Exceed amount to complete all services listed above for this Amendment No. 1 to Task Order No. 10601.A is two hundred twenty-eight thousand nine hundred seven dollars ($228,907.00). 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 be paid as part of the Not -To -Exceed Task Order Total per the Compensation and Completion Schedule above. Amendment No. 1 to Task Order 10601.A WRRF Capacity Expansion FY2015 Page 9 of 9 Brown and Caldwell Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 6 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: October 6, 2015 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Community Presentation A. Mayor's Youth Advisory Council (MYAC) Update MEETING NOTES �I 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: October 6, 2015 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Community Presentation B. Lake View Golf Course Capital Improvement Project and Request for Rent Relief 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 Submit to City Clerk's Office C�WE A;. Lakeview Golf Course a k n} pital Improvement Project AUG 2 6 2015 Proposal Submittal Form CITY OF N CITY CLERKS OFFICE Proposal submitted by: ,'a Date: `d ASA ATTACH NARRATIVE DESCRIBING THE FOLLOWING PROJECT INFORMATION: 1. HOW DOES THE PROJECT ENHANCE OR IMPROVE- THE CITY'S CAPITAL ASSET? 2. WHAT IS THE EXPECTED USEFUL LIFE OF THE IMPROVEMENT? 3. IS THE PROJECT AN IMPROVEMENT TO THE CITY'S REAL PROPERTY? 4. IF THE PROJECT IS NOT AN IMPROVEMENT TO THE CITY'S REAL PROPERTY, HOW WILL OWNERSHIP BE VESTED IN THE CITY? 5, LIST PROJECT CONSTRUCTION TEAM OR VENDOR 6. PROVIDE TASK AND COST BREAKDOWN 7. PROVIDE PROJECT TIMELINE. Date of Golf Course Focus Group Presentation: � Recommendation from GC Focus Group: STAFF USE ONLY: Date received at City Clerk's Office: Date of Presentation on City Council Agenda: City Council motion to approve Project as rent -credit eligible? Yes No Total Amount approved as rent -credit eligible upon completion and $ substantiation: Breakdown of years to which rent credit will be applied upon completion and substantiation: Year 1 (Fiscal year. 201_ - 201)$ Year 2 Fiscal year 201_ -201__) $ Year 3 (Fiscal year 201 -201_-). $ Year 4 (Fiscal year 201, -201 ) $ City Clerk Signature: Date Lakeview Golf Course Capital Improvement Project Proposal Submittal Form Version 1.0 01/08/15 Proposal for Rebuilding #9 Green Lakeview Golf Course Option B — Renovation of Putting Surface Only Description LaIceview Golf Chub proposes to: ® Cut and temporarily store existing sod on entire Green • Evaluate depth of sand base and irrigation system in place e Design pin placement areas most suitable for existing Green footprint and current location • .Implement new design by adding new sand and other materials where necessary e Modify irrigation system if necessary ® Replace sod on putting surface and if necessary add turf for optimal grow in condition aro-and Green Construction Team. • Project Superintendent: Rich Rush, Lakeview Grounds Superintendent • Contractor: Timberstone Construction Company m Contractor Superintendent: Craig Jackson • Project Team., LaIceview Grounds Crew, Timberstone Crew Pxoi ect Task and Cost Breakdown Complete Putting Surface Renovation: Timberstone Construction (NTE) Estimate: $6,000.00 o Equipment o Profile a Topsoil o Sand o Sod ® Modify Irrigation System: Lakeview Grounds Crew (NTE) Estimate: $1,500.00 o Materials o Labor Project Timeline Estimated Start: 04-A-0,6--p- Estimated Project Completion: 14 Days (Weather Permitting) Estimated Opening Date; May 31, 2016 Total Cost: (NTE) $7,500.00 ATTACH NARRA,TnT- DESCRIBING THE FOLLOWING PROJECT INFORMATION: 1. HOW DOES THE PROJECT ENHANCE OR IMPROVE THE CITY'S CAPITAL ASSET? Rebuilding or modifying (depending on which Option is chosen (see P- ,@MaldOpt7ion - Proposal Option B attached) the #9 Green is intended to improve the playability of the Green and provide better pin placement surfaces. Currently, locating a pin placement that can reasonably be played by the substantial majority of golfers is nearly impossible. The reason is that it is dome shaped as well as downward slanted and most golfers suffer a disappointing 2 or 3 putt outcome. Complaints about this Green are constant and consistent in seeking modification. Such improvement when implemented this year will be permanent. 2. WHAT IS THE EXPECTED USEFUL LIFE OF THE IMPROVEMENT? Since the changes contemplated in begi-Optien-A-atir1. Option B are permanent, the useful life will match the useful life of the golf course, 3. IS T14B PROJECT AN IMPROVEMENT TO THE CITY'S REAL PROPERTY? A Yes, it is a permanent improvement to the real property. 4. IF THE PROJECT IS NOT AN IMPROVEMENT TO THE CITY'S REAL PROPERTY, HOW WILL OWNERSHIP BE VESTED IN THE CITY? a N/A 5, LIST PROJECT CONSTRUCTION TEAM OR VENDOR 0 See Propmal-Option-A-and Proposal Option (Attached) f). PROVIDE TASK. AND COST BREAKDOWN C SeeProposal'8piron A ar�d•Praposal Option B (Attached) 7. PROVIDE PROJECT TIMELINE. Y See Proposal-19ption-Artmd Proposal Option B (Attached) Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Oc t o b e r 6 , 2 0 1 5 Oc t o b e r 6 , 2 0 1 5 Oc t o b e r 6 , 2 0 1 5 Oc t o b e r 6 , 2 0 1 5 It e m s # 8 A & B : C r e a s o n C r e e k S u b d i v i s i o n - Z o n i n g & A e r ia l M a p s Pr o p o s e d P r e l i m i n a r y P l a t Pr o p o s e d L a n d s c a p e P l a n Si n g l e - f a m i l y E l e v a t i o n s Am e n i t i e s De v e l o p m e n t A g r e e m e n t p r o v i s i o n s De v e l o p m e n t o f t h i s s i t e s h a l l s u b s t a n t i a l l y c o m p l y w i t h t h e p r e l i m i n a r y pl a t , l a n d s c a p e p l a n a n d t h e c o n c e p t u a l r e s i d e n t i a l b u i l d i n g e l e v a t i o n s sh o w n i n E x h i b i t A . A c o p y o f s a i d e l e v a t i o n s s h a l l b e i n c l u d e d a s a n e x h i b i t in t h e D A . Th e a p p l i c a n t s h a l l p r o v i d e a m i n i m u m o f 4 . 5 6 a c r e s o f c o m m o n o p e n sp a c e a n d t h e f o l l o w i n g a m e n i t i e s o n a s s h o w n o n t h e l a n d s c a p e p l a n : 5 - fo o t w a l k i n g p a t h s , a d o g p a r k , c o v e r e d p i c n i c a r e a , p l a y g r o u n d eq u i p m e n t , a 1 0 - f o o t m u l t i - u s e p a t h w a y a n d s e v e r a l pe d e s t r i a n b r i d g e s a s pr o p o s e d . D e t a i l s o f t h e p r o p o s e d a m e n i t i e s s h a l l b e p r o v i d e d p r i o r t o t h e Co m m i s s i o n h e a r i n g Th e a p p l i c a n t s h a l l p r o v i d e c o m m e r c i a l g r a d e pl a y s t r u c t u r e , b e n c h e s , a n d p i c n i c t a b l e s a s p a r t of t h e de v e l o p m e n t . It e m s # 8 C , D : T r i l o g y S u b d i v i s i o n Pr o p o s e d P r e l i m i n a r y P l a t Pr o p o s e d L a n d s c a p e P l a n Si n g l e - f a m i l y E l e v a t i o n s De v e l o p m e n t A g r e e m e n t p r o v i s i o n s A n e w d e v e l o p m e n t a g r e e m e n t ( D A ) r e p l a c i n g e x i s t i n g D A’ s # 1 0 7 0 2 5 5 5 3 i s r e q u i r e d a s a p r o v i s i o n o f d e v e l o p i n g this pr o p e r t y . T h e n e w D A s h a l l b e s i g n e d b y t h e p r o p e r t y ow n e r a n d r e t u r n e d t o t h e C i t y w i t h i n t w o y e a r s o f t he City Co u n c i l g r a n t i n g t h e a p p r o v a l . T h e n e w D A s h a l l i n c l u de t h e f o l l o w i n g p r o v i s i o n s : Ac c e s s t o C h i n d e n B o u l e v a r d s h a l l b e p r o h i b i t e d f o r t h i s s i t e . T h e a p p l i c a n t s h a l l b e r e q u i r e d t o d e d i c a t e t h e ri g h t - o f - w a y , c o n s t r u c t l a n d s c a p i n g , p a t h w a y ( s ) , a n d n o i s e m i t i g a t i o n a l o n g C h i n d e n B o u l e v a r d , a s r e q u i r e d by IT D a n d t h e C i t y o f M e r i d i a n . Pr o v i d e a u t i l i t y e a s e m e n t t o t h e J a n i c e k p r o p e r t y t o th e n o r t h e a s t ; m a k e a d d i t i o n a l l a n d s c a p e i m p r o v e m e n ts an d c o n s t r u c t a 5 - f o o t w i d e s i d e w a l k t o t h e n o r t h s i d e o f R a m b l i n C o u r t , a n d e n t e r i n t o a l i c e n s e a g r e e m e n t f o r sa i d i m p r o v e m e n t s w i t h A C H D ; a n d t h a t a m o r e f o r m a l e n tr y b e m a d e a t t h e e n t r a n c e t o t h i s d e v e l o p m e n t . Fu t u r e d e v e l o p m e n t o f t h i s s i t e s h a l l b e c o n s i s t e n t w it h t h e p r e l i m i n a r y p l a t , l a n d s c a p e p l a n ( i n c l u d i n g all pr o p o s e d / s h o w n a m e n i t i e s ) a n d b u i l d i n g e l e v a t i o n s at t a c h e d i n E x h i b i t A a n d t h e r e v i s i o n s n o t e d i n t h e s taff re p o r t . N. E x e t e r A v e . s h a l l b e d e s i g n e d a n d c o n s t r u c t e d s o t ha t P a r c e l # R 7 3 3 0 1 6 0 0 1 0 w i l l h a v e c o n t i n u o u s f r o n t a g e on N . E x e t e r A v e n u e b e t w e e n W . L a v a S p r i n g s S t a n d W . B r o a d b e n t S t . An y f u t u r e s u b d i v i s i o n , u s e s , a n d c o n s t r u c t i o n o n t h is p r o p e r t y s h a l l c o m p l y w i t h t h e C i t y o f M e r i d i a n o r d i n ances in e f f e c t a t t h e t i m e o f p e r m i t s u b m i t t a l . It e m # 8 E : S o u t h r i d g e A p a r t m e n t De v e l o p m e n t A g r e e m e n t M o d i f i c a t i o n Ap p r o v e d P l a n Pr o p o s e d P l a n 5. C O N D I T I O N S G O V E R N I N G D E V E L O P M E N T O F S U B J E C T P R O P ER T Y : 5. 1 O w n e r / D e v e l o p e r s h a l l d e v e l o p t h e P r o p e r t y i n a c c o r da n c e w i t h t h e f o l l o w i n g s p e c i a l c o n d i t i o n s : 1. D e v e l o p m e n t o f t h e s i t e s h a l l s u b s t a n t i a l l y c o m p l y w i t h t h e c o n c e p t u a l s i t e p l a n i n c l u d e d i n E x h i b i t B , t h e de s i g n s t a n d a r d s l i s t e d i n U D C 1 1 - 3 A - 1 9 a n d t h e g u i d e l i ne s c o n t a i n e d i n t h e C i t y o f M e r i d i a n D e s i g n M a n u a l o r any updated ve r s i o n t h e r e o f i n e f f e c t a t t h e t i m e o f d e v e l o p m e n t . 2. A l l f u t u r e d e v e l o p m e n t s h a l l c o m p l y w i t h t h e d i m e n s i on a l s t a n d a r d s f o r t h e R - 1 5 z o n i n g d i s t r i c t c o n t a i n e d i n UD C T a b l e 1 1 - 2 A - 7 a n d t h e T N - R z o n i n g d i s t r i c t c o n t a i n e d i n U D C T a b l e 1 1 - 2 D - 6 a s a p p l i c a b l e . 3. T h e d e v e l o p e r s h a l l c o m p l y w i t h a l l A C H D c o n d i t i o n s o f a p p r o v a l a s s o c i a t e d w i t h d e v e l o p m e n t o f t h i s s i t e . 4. A n e a s e m e n t r e c o r d e d o n 1 0 / 0 2 / 0 9 a s i n s t r u m e n t # 1 0 9 1 1 27 1 3 g r a n t s c r o s s - a c c e s s t o P a r c e l N o . S1 2 2 3 1 2 0 7 2 7 – t h e 4 . 8 a c r e p a r c e l t o t h e e a s t o f t h e s u b je c t p r o p e r t y . 5. P r i o r t o d e v e l o p m e n t o f t h e t h i r d p h a s e o f t h e p r o je c t , a m o d i f i c a t i o n t o t h e d e v e l o p m e n t a g r e e m e n t i s re q u i r e d t o u p d a t e t h e c o n c e p t u a l s i t e p l a n t o i n c l u d e a d e v e l o p m e n t p l a n f o r t h i s a r e a . 6. T h e 3 0 - f o o t w i d e r o a d r i g h t - o f - w a y e a s e m e n t k n o w n a s O l d T h o r n L a n e t h a t r u n s t h r o u g h t h i s s i t e a n d pr o v i d e s a c c e s s t o t h e R i c e p r o p e r t y ( p a r c e l # S 1 2 2 3 1 3 1 2 5 0 ) s h a l l b e p r o t e c t e d a n d p r e s e r v e d t h r o u g h o u t t h e c o n s t r u ction pr o c e s s a n d a f t e r ; o r , a n a l t e r n a t i v e a c c e s s r o u t e s h a l l b e p r o v i d e d w i t h t h e a p p r o p r i a t e i n s t r u m e n t . 7. T h e r o a d r i g h t - o f - w a y e a s e m e n t f o r O l d T h o r n L a n e sh a l l b e v a c a t e d a t s u c h t i m e a s t h e e a s e m e n t h a s ei t h e r b e e n r e l o c a t e d o r i s n o l o n g e r n e e d e d . 8. T h e n o r t h e r n p a r c e l ( P a r c e l N o . S 1 2 2 3 2 1 2 4 0 4 ) i s a l e ga l p a r c e l w h i c h d o e s n o t r e q u i r e p l a t t i n g a n d t h e so u t h e r n p a r c e l ( P a r c e l N o . S 1 2 2 3 1 2 0 9 3 4 ) i s no t a l e g a l p a r c e l a n d d o e s r e q u i r e p l a t t i n g i n o r d e r t o obtain building permits. Th e d e v e l o p e r i s r e q u i r e d t o o b t a i n a p p r o v a l o f a p r op e r t y b o u n d a r y a d j u s t m e n t i n o r d e r t o e x t e n d t h e b o undary of the existing le g a l p a r c e l ( P a r c e l N o . S 1 2 2 3 2 1 2 4 0 4 ) ( i . e . t o m a t c h t he b o u n d a r y o f P h a s e 1 a s g e n e r a l l y d e p i c t e d o n t h e c o n ceptual plan) an d / o r p l a t t h e p r o p e r t y i n o r d e r t o c r e a t e a l e g a l lo t ( s ) , p r i o r t o i s s u a n c e o f a C e r t i f i c a t e o f Z o n i n g C o m pliance on property that en c o m p a s s e s t h e s o u t h e r n p a r c e l . 9. T h e s u b j e c t p r o p e r t y s h a l l b e p l a t t e d p r i o r t o d e v e l op m e n t o f P h a s e I I I a s s h o w n o n t h e c o n c e p t p l a n , i n or d e r t o d e d i c a t e t h e r i g h t - o f - w a y n e c e s s a r y f o r a p u b l ic s t r e e t . Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: PROJECT NUMBER: AZ 15-009 ITEM TITLE: Creason Creek Subdivision A. Public Hearing Continued from September 22, 2015: AZ 15-009 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Annexation and Zoning of 16.08 Acre of Land from the RUT Zoning District to the R-8 Zoning District MEETING NOTES ' A ` v.t3 z 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: October 6, 2015 ITEM NUMBER: $B PROJECT NUMBER: PP 15-014 ITEM TITLE: Creason Creek Subdivision B. Public Hearing Continued from September 22, 2015: PP 15-014 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Preliminary Plat Approval Consisting of Fifty -One (51) Single Family Residential Lots and Eight (8) Common Lots on Approximately 15.75 Acres in a Proposed R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE October 6, 2015 ITEM # 8A/ B _9;t0N*" ► III11 PROJECT NAME AZ 15-009 / PP 15-014 Creason Creek Subdivision PLEASE PRINT NAME FOR AGAINST NEUTRAL � o 1U OCT L, 6 9flili CITE` OF Uti I - Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: PROJECT NUMBER: PP 15-015 ITEM TITLE: Trilogy Subdivision C. Public Hearing: PP 15-015 Trilogy Subdivision by Conger Management Group Located Southeast Corner of W. Chinden Boulevard and N. Black Cat Road Request: Preliminary Plat Approval Consisting of One Hundred Forty -Four (144) Single Family Residential Lots and Nine (9) Common Lots on Approximately 28.16 Acres in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: $0 PROJECT NUMBER: MDA 15-009 ITEM TITLE: Trilogy Subdivision D. Public Hearing: MDA 15-009 Trilogy Subdivision by Conger Management Group Located Southeast Corner of W. Chinden Boulevard and N. Black Cat Road Request: Modify the Recorded Development Agreement (Inst. # 107025553) for the purpose of updating certain sections of the DA to reflect the design changes to the proposed Trilogy Subdivision MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE October 6, 2015 ITEM # PROJECT NUMBER PP 15-015 / MDA 15-009 PROJECT NAME Trilogy Subdivision PLEASE PRINT NAME IzC) U-,) /-) FOR I AGAINST I NEUTRAL Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 8E PROJECT NUMBER: MDA 15-010 ITEM TITLE: Southridge Apts E. Public Hearing: MDA 15-010 Southridge Apartments by DBTV Southridge Farm, LLC Located South Side of W. Overland Road Midway Between S. Linder Road and S. Ten Mile Road Request: Modification to the Development Agreement to Update the Conceptual Development Plan for the Site MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE October 6, 2015 ITEM # 8E PROJECT NUMBER MDA 15-010 PROJECT NAME Southridge Subdivision PLEASE PRINT NAME FOR AGAINST NEUTRAL A-111 -9- V L_j CITY CITY CLERKS OFTICE Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Resolution Appointing Jacob Chambers A. Mayor's Office: Resolution No. t5 ( 0� I : Resolution Appointing Jacob Chambers to the Solid Waste Advisory Commission as Youth Commissioner 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. IS -1011 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING JACOB CHAMBERS AS YOUTH COMMISSIONER TO THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 6 establishes the Solid Waste Advisory Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to solid waste within the City, and to that end Meridian City Code § 2-6-3(B) states that a youth member may be appointed to the Solid Waste Advisory Commission; WHEREAS, the City Council of the City of Meridian deems the appointment of Jacob Chambers to the Solid Waste Advisory Commission to be in the best interest of the Solid Waste Advisory Commission and the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-6-3(B), Jacob Chambers is hereby appointed to the Solid Waste Advisory Commission, for a term to expire on August 31, 2016. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this _K� day of October, 2015. (`� APPROVED by the Mayor of the City of Meridian, Idaho, this l day of October, 2015. ATTEST: r Tade 4d�Lp;(GD AU � �"� u mmy 4"55 -d l Calf By: R` DIAN>- IDAHO aycee V. Holman, City erk SEAL Fyr�RO�rhe tHETS����P JACOB CHAMBERS -YOUTH COMMISSIONER APPOINTMENT FOR SOLID WASTE ADVISORY COMMISSION PAGE 1 OF I Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Resolution Appointing Lance Baumgartner B. Mayor's Office: Resolution No. 1" - 109.o -l- : Resolution Appointing Lance F. Baumgartner to the Transportation Commission as Youth Commissioner 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. I ( _ I 179'�- BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING LANCE F. BAUMGARTNER AS A YOUTH COMMISSIONER TO THE MERIDIAN TRANSPORTATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 3 establishes the Meridian Transportation Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to traffic safety within the City, and to that end Meridian City Code § 2-3-3(B) states that a youth member may be appointed to the Meridian Transportation Commission; WHEREAS, the City Council of the City of Meridian deems the appointment Lance F. Baumgartner to the Meridian Transportation Commission to be in the best interest of the Meridian Transportation Commission and the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-3-3(B), Lance F. Baumgartner is hereby appointed to the Meridian Transportation Commission, for a term to expire on August 31, 2016. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. /I� ADOPTED by the City Council of the City of Meridian, Idaho, this day of October, 2015. tday APPROVED by the Mayor of the City of Meridian, Idaho, this of October, 2015. ATTEST: IN aycee IV Holman, City APPROVED: �0�'X�ED AUG�`�a 4 v r City of IV -Lay EIIZ, D I A N t e TAEdSE1R� Tamm,my/de Weerd LANCE F. BAUMGARTNER -YOUTH COMMISSIONER APPOINTMENT FOR MERIDIAN TRANSPORTATION COMMISSION Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: Resolution Appointing Hannah Sturtevant C. Mayor's Office: Resolution No. I �-' 1093 : Resolution Appointing Hannah Sturtevant to the Parks and Recreation Commission MEETING NOTES r Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. N `" 1093 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING HANNAH STURTEVANT AS A YOUTH MEMBER TO THE PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 3 establishes the Parks and Recreation Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to parks and recreation within the City, and to that end Meridian City Code § 2-2-3(B) states that a youth member may be appointed to the Parks and Recreation Commission; WHEREAS, the City Council of the City of Meridian deems the appointment of Hannah Sturtevant to the Parks and Recreation Commission, for a term of up to one year; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-2-3(B), Hannah Sturtevant is hereby appointed as Youth Member of the Meridian Parks and Recreation Commission, for a term to expire on August 31, 2016. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this L�day of October, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this day of October, 2015. APPROVED: ¢3��zA�kD uc,•� S7' yor T ATTEST: City of By.itzET IDA AHO Jaycee 101man, lty Clerk S EAL de Weerd HANNAH STURTEVANT - YOUTH COMMISSIONER APPOINTMENT FOR PARKS AND RECREATION COMMISSION -Page I of I Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 9D PROJECT NUMBER: ITEM TITLE: Parks and Recreation Dept. D. Parks and Recreation Department: License and Indemnity Agreement Between the Lions Club of Meridian and the City of Meridian MEETING NOTES �x Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS LICENSE AND INDEMNITY AGREEMENT with LIONS CLUB OF MERIDIAN This LICENSE AND INDEMNITY AGREEMENT with LIONS CLUB OF MERIDIAN ("Agreement") is made this (o day of boky,✓ , 2015 ("Effective Date"), by and between Lions Club of Meridian, Inc., a non-profit corporation organized under the laws of the State of Idaho, whose address is P.O. Box 266, Meridian, Idaho ( "Licensee"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho ("City"), whose address is 33 E. Broadway Avenue, Meridian, Idaho. WHEREAS, Licensee is a service organization dedicated to supporting humanitarian needs, sight and hearing services, and youth services; WHEREAS, City owns property on West Cherry Lane between Black Cat and McDermott, in unincorporated Ada County, Idaho, including parcel nos. 51204336500, 51204336450, S1204346615, 51204346715, and 51204346850; WHEREAS, Licensee seeks to utilize parcel no. 51204336500 and the east half of parcel no. S1204336450, as depicted in Exhibit A hereto ("Property") for a rodeo grounds, which use includes riding arena, bucking chutes, bleachers, fencing, announcer stand; and for riding, rodeo reining and other equine activity by amateur and professional riding groups, high school rodeo clubs, team ropers, and barrel racers; and in accordance with the terms and conditions set forth herein, the City of Meridian is willing to allow Licensee a limited license to use Property for these purposes; WHEREAS, for several years, City has leased Property, with the adjacent parcels, to a thud party for crop farming during the summer months, in order to, inter alia, control weeds, pests, and dust, at a lease rate of $100 per acre on thirty-eight (3 8) acres, less $1,800 for weed control, for a total of $2,000 revenue to the City; WHEREAS, Licensee now seeks to schedule a rodeo event at Property in the summer, in which event the third party may lease and farm only parcel nos. 51204336450; S 1204346615; S 1204346715; and S 1204346850 and the west half of parcel no. S 1204336450 ("Farmed Property"), and will pay a lease rate of $50 per acre for the Farmed Property, for a total of $1,350 revenue to the City; WHEREAS, in consideration of City's reconfiguration of the third party lease and loss of revenue in order to allow Licensee to use the Property during the summer months, Licensee is willing to take on full responsibility for controlling weeds, pests, and dust at Property, and is willing to pay $650 to make up the difference between the $1,350 lease revenue for the Farmed Property and the $2,000 revenue to City otherwise realized for the lease of Property for farming; WHEREAS, on September 20, 2011, City and Licensee entered into a prior agreement, entitled License and Indemnity Agreement with Lions Club of Meridian, which, upon the Effective Date of this Agreement, shall be superseded by this Agreement; NOW THEREFORE, in consideration of the recitals and mutual covenants, agreements, and inducements contained herein, the parties hereby agree as follows: LICENSE AND INDEMNITY AGREEMENT -LIONS CLUB RODEO PAGE 1 OF 9 I. SCOPE OF LICENSE GRANTED BY CITY. A. Scope of use. Licensee's use and occupancy of the Property shall be limited to activities enumerated in Ada County Conditional Use Permit no. 201000531 -CU ("CUP") attached hereto as Exhibit B and incorporated herein by reference, except that Licensee shall not have any access onto McDermott Road from Property unless such access is specifically allowed, in writing, by the Director of the City of Meridian Parks and Recreation Department ("MPR") or his designee. At least thirty (30) days prior to hosting any event or using the Property for any purpose, Licensee shall provide to City written notice of its desire to do so, as well as a written description of the event, including the dates and hours of operation, and a site plan, including a depiction of structures, restrooms, first aid stations, drinking water sources, garbage receptacles, generators and other mechanical equipment, cooking equipment, signs, entrance and exit drives, and parking. Licensee shall also provide, at least thirty (30) days prior to hosting any event or using the Property for any purpose, proof of insurance as required herein. The time and manner of each and every event and use shall be approved by the MPR Director or his designee. City shall reserve the right to deny Licensee permission to use Property for an event or use that will or may endanger the health, safety, or welfare of the public or of Property. B. Compliance with CUP. Licensee shall access and use Property only insofar as such access and use is consistent with and in full compliance in every respect with the requirements and standards established by the CUP, except that Licensee shall not have any access onto McDermott Road from Property unless such access is specifically allowed, in writing, by the MPR Director or his designee. To the extent that the CUP conditions are broader in scope than the permissions conveyed by this Agreement, this Agreement shall control. Any prior general permission granted by City to Licensee for access to or from McDermott Road fi•om Property is hereby revoked; Licensee shall not have any access onto McDermott Road fiom Property unless such access is specifically allowed, in writing, by the Director of the MPR Director or his designee. Should Licensee or any participant in Licensee's activities on Property damage Farmed Property or any equipment or crops thereon, Licensee shall be responsible for any and all costs related to such damage. C. Term of license. The term of this Agreement shall be from the Effective Date through 11:59 p.m. on September 30, 2016 ("Original Term"), provided that Licensee shall have an option to renew the term of this Agreement for additional consecutive terms of up to one (1) year each. Each and every renewal term shall commence upon the expiration of the Original Term or the prior renewal term, as applicable. Such options to renew shall be exercised automatically unless this Agreement is terminated by either Party by the method established herein. Upon automatic renewal, and throughout each and every renewal term, all provisions and conditions of this Agreement shall be in full force and effect. Licensee specifically acknowledges that Property is owned by City for the express purpose of developing such land for municipal park use, and upon initiation of such development, this Agreement shall be voidable and shall not be renewed. II. RESPONSIBILITIES OF LICENSEE A. License payment. In consideration of Licensee's use of Property for the purposes enumerated in the CUP, Licensee shall pay City six hundred and fifty dollars ($650.00), which amount shall be due to City by October 15 of each year. LICENSE AND INDEMNITY AGREEMENT -LIONS CLUB RODEO PAGE 2 oI., 9 B. Weed, pest, and dust control. Licensee shall be responsible for weed, pest, insect, vermin, and dust control on the entire Property. It is specifically acknowledged that Licensee shall assume weed, pest, insect, vermin, and dust control responsibility for all twenty (20) acres of Property, including that portion of Property occupied by the rodeo grounds. At all times, Property shall be reasonably free and clear of unwanted vegetative growth, insects, vermin, and fugitive dust. 1. Crop farming. Cover crop farming on Property for the purpose of weed, pest, insect, vermin, and dust control is encouraged. Licensee shall be responsible for all costs, activities, and responsibilities associated with planting, maintaining, and harvesting crops on Property. Licensee shall be entitled to keep the proceeds, if any, of the crop(s) planted and harvested by Licensee on Property. Licensee shall be solely responsible for any and all expenses incurred in Licensee's planting, maintaining, harvesting, storage and transportation of crops removed fi-om the premises including, but not limited to, damages caused by acts of God, acts of nature, and/or weather. Licensee may; at Licensee's option, maintain crop insurance for crops planted on Property. City shall not maintain crop insurance on Licensee's behalf. 2. Chemical application. Should Licensee choose to apply to Property pesticide, insecticide, and/or any other chemical for the purpose of weed, pest, insect, or vermin control on Property, each and all of the following conditions shall apply to every application. a. Licensee shall engage a commercial, professional applicator for such purpose. Such professional applicator shall be licensed and certified by the Idaho State Department of Agriculture ("ISDA") and shall be fully insured as required by ISDA. No person or entity, other than a professional applicator or a professional applicator's qualified employees, may apply to Property pesticide, insecticide, and/or other chemical. b. Licensee hereby authorizes City to act as Licensee's agent for the limited purpose of authorizing, deauthorizing, or scheduling Licensee's selected professional applicator's chemical application on Property, and shall inform each and every applicator of such agency in writing. At least fourteen (14) days prior to any chemical application on Property, Licensee shall provide to City a copy of the written notice provided to the applicator(s) of such agency. Licensee shall be responsible for any and all costs related to the application of chemicals to Property, even if such chemicals are applied pursuant to City's exercise of the agency granted by this provision. City agrees to exercise the agency granted by this provision only if weed, pest, insect, vermin, and dust control on Property does not meet the standards set forth hi this agreement. c. Licensee shall make arrangements for application or evaluation to occur on or around March 1, June 1, August 1, and October 1 of each year, give or take approximately fifteen (15) days before or after such dates. d. At least fourteen (14) days prior to each and every chemical application on Property, Licensee shall provide to City the name, address, and phone number of the professional applicator(s) engaged by Licensee to undertake such chemical application on Property; the scheduled date and time of the application; the type of chemical to be used; and a LICENSE AND INDEMNITY AGREEMENT- LIONS CLUB RODEO PAGE 3 OF 9 copy of the written agreement between Licensee and the professional applicator(s) engaged by Licensee for such purpose, e. Licensee shall not allow the application of any soil sterilant, i.e., prometon, diuron, bromacil, simazine, or atrazine, to Property. f. Within thirty (30) days following any chemical application on Property, Licensee shall provide to City a copy of the application record. g. Licensee shall be solely responsible for any and all expenses incurred in or related to the application to Property of pesticide, insecticide, and/or any other chemical for the purpose of weed, pest, insect, vermin, and dust control. This responsibility shall include, without limitation, remuneration to owners or occupants of adjacent or other parcels for any damage incurred due to the migration of chemicals applied to Property, on Property, or originating fi-om Property. h. Licensee shall not store or dispose of any chemicals upon Property without prior written notice to City. City shall have the option of refusing to consent to any use, storage or disposal of chemicals on Property. All chemicals shall be used strictly in accordance with all applicable laws, rules and ordinances. Licensee shall not allow any chemicals into the air, ground or water except insofar as allowed by said laws and regulations. Licensee shall indemnify and hold City harmless from any claim, liability, loss, cost or expense resulting fi-om chemicals or hazardous or toxic substances placed or used on the Property by Licensee. City shall have the right to inspect Property to determine if Licensee is properly using, storing, and disposing of chemicals and other hazardous substances, C. Ditches and drains. Licensee agrees to clean and maintain in good repair and condition, normal wear and tear excepted, the ditches, laterals and drains situated upon the Property, in order that the maximum water benefit may be obtained and utilized, as follows: 1. As to the ditches, laterals and drains on the east and west sides of Property, Licensee shall clean and maintain them to the center line thereof. 2. As to the ditch on the south side of Property, Licensee shall clean and maintain the entire ditch along the frontage of Property, D. Good faith. Licensee shall utilize the Property in a manner that will best conserve the integrity and long-term beneficial use of the Property. E. Water use. City shall promptly authorize excess water delivery if requested by Licensee. Licensee shall pay any water use overage costs, if applicable. If or when a well is constructed on the property, Licensee shall seek permission fi-om and shall coordinate with the MPR Director or designee prior to accessing any well water. F. Adjoining property. Licensee may not utilize Farmed Property for parking or other use without prior written consent from the third party leasing the Farmed Property. Licensee shall be solely responsible for any and all expenses incurred by City or the lessor of Farmed Property related to damage to Farmed Property or crops, equipment, or personal property due to rodeo events or other events and activities on Property, This responsibility shall include, without LICENSE AND INDEMNITY AoikEEMENT - LIONS CLUES RODEO PACE 4 or 9 limitation, remuneration to City or to the lessor of the Farmed Property for any damage incurred due to activities on Property or originating fiom Property. III. INDEMNIFICATION; INSURANCE. A. Indemnification. Licensee shall, and hereby does, indemnify and save and hold harmless City from and for any and all losses; claims; actions; judgments for damages; injury to its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, other persons, or property; and/or losses and expenses caused or incurred by Licensee and not caused by or arising out of the tortious conduct of City of Meridian. Licensee acknowledges that accessing or using Property carries risks, some of which are unknown, and assumes these and any and all other known and unknown risks and hazards of such activity and any activity related thereto. Licensee forever waives and releases, on behalf of itself, its members, its agents, its employees, and their heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of Licensee's access to and use of City facilities and/or any activity related thereto and not caused by or arising out of the tortious conduct of the City of Meridian or its employees. B. No coverage provided. Licensee acknowledges that the City of Meridian shall not provide for Licensee or for its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, any insurance or coverage of any kind, whether financial, medical, property, or otherwise, for any accidents, injuries, deaths, illnesses, losses, or damages that result during or arise out of Licensee's actions or omissions hereunder and/or any activity related thereto. C. Licensee to maintain insurance. Licensee shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, and upon each and every occasion on which Licensee uses the Property hereunder, liability insurance in which the City of Meridian shall be named additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. 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, Licensee covenants and agrees to indemnify and save and hold harmless City from and for any and all such losses, claims, actions, or judgments for damages or liability to persons or property. Licensee shall provide City with a Certificate of Insurance or other proof of insurance evidencing Licensee's compliance with the requirements of this paragraph. In the event the insurance minimums of the Idaho Tort Claims Act are changed, Licensee shall immediately submit proof of compliance with the changed limits. D. Waiver. Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees 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 to Licensee's use of Property, whether such loss or damage may be attributable to known or unknown conditions, except for liability caused by or arising out of the tortious conduct of City or its employees. LICENSE AND INDEMNITY AGREEMENT - LIONS CLUB RODEO PAGE 5 OF 9 E. As -is condition. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises of the Property; Licensee accepts same as -is, both at the effective date of this agreement and at the time and for the purpose of each event and activity specified herein. IV. GENERAL PROVISIONS. A. City contribution. Licensee acknowledges that City has contributed to the partnership between City and the Meridian Lions Club by providing Property for Licensee's use, rent free, since City obtained the Property, and by annually contributing two thousand seven hundred dollars ($2,700) in foregone revenue due to Licensee's use of Property. City shall continue to pay the regular irrigation district assessments and property taxes, if any. City shall also promptly authorize excess water delivery if requested by Licensee, though Licensee shall reimburse City for any water use overage costs, if applicable. B. Alterations, improvement to real property. Licensee shall not make, or permit to be made, alterations to or improvements to Property without first obtaining City's written consent. Such alterations and improvements shall comply in all respects with any and all applicable laws, ordinances, regulations, policies, agreements, and requirements. Any alterations to or improvements on Property shall become at once a part of the real property and shall belong to City. C. Structures. Licensee shall not erect, or permit to be erected, structures at or on Property without first obtaining City's written consent. Any and all such shall be erected and maintained by Licensee, at Licensee's sole expense. Structures erected by Licensee shall comply in all respects with any and all applicable laws, ordinances, regulations, policies, agreements, and requirements. Licensee shall own and shall be solely responsible for any structures erected or used by Licensee upon the Property. D. Personal property. Licensee shall provide and maintain, at Licensee's sole expense, all equipment and other personal property necessary for conducting Licensee's activities pursuant to this Agreement. Licensee's personal property shall include bucking chutes and fencing. Such equipment and personal property may be stored at the Property for the term of this Agreement so long as such storage complies with any and all applicable laws, ordinances, regulations, policies, agreements, and requirements. Licensee shall move or remove its equipment and personal property from Property within fourteen (14) days of City's request to do so. Equipment and personal property not removed within the time established herein shall be deemed abandoned by Licensee. Unless and until such abandonment occurs, Licensee shall own and shall be solely responsible for any equipment and personal property stored or used by Licensee upon the Property. E. Liens. Licensee shall keep the Property free from any liens arising out of any work performed for, materials fiurnished to, or obligations incurred by Licensee. Licensee shall not permit nor suffer any lien, judgment or encumbrance to be entered against or filed upon the Property or any improvements or fixtures thereon. Licensee hereby covenants to satisfy any such lien, judgment or encumbrance at Licensee's sole and separate expense, and in all respects fully to indemnify City against all damages, legal costs and charges, including attorney's fees reasonably incurred, in any suit involving any liens, claims, judgments or encumbrances cause or suffered by Licensee with respect to the premises or any part thereof. LICENSE AND INDEMNITY AGREEMENT - LIONS CLUB RODEO PAGE 6 Or, F. Damage; waste. Licensee shall not commit, permit nor suffer any damage to or waste upon the Property or any of improvement, appurtenance, equipment, structure, or personal property situated or placed thereon by or on behalf of City or City's agents or invitees. G. Possession. If City, for any reason whatsoever, cannot deliver possession of the Property to Licensee at the commencement of the term of this Agreement, as hereinbefore specified, this Agreement shall be voidable, and City shall not be liable to Licensee for any loss or damage resulting therefrom. H. Surrender of possession. Licensee agrees that upon termination or expiration of this Agreement for any reason, Licensee shall surrender the premises to City in the same good condition as received, reasonable wear and tear, act of God, act of nature, or damage by weather excepted. Licensee agrees to surrender possession and occupancy of the premises peaceably at the termination of this Agreement and any renewal or extension thereof. I. Right of entry. City and City's contractors, employees, agents, and invitees, shall be authorized to, at all times, to enter Property for the purposes of inspection for compliance with the terms of this Agreement and for the exercise of City's rights hereunder, the posting of notices, and for all other lawful purposes. J. Relationship of Parties. Except for the limited agency specifically described in section II(B)(2)(b) herein, Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, and employees are neither independent contractors nor employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Licensee and City or any official, agent, or employee of City; or between any of Licensee's members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, and the City or any official, agent, or employee of City. K. Taxes. Licensee shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. L. Termination. If, through any cause, Licensee fails to comply with the terms of this Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, of the CUP, or of any other applicable law, ordinance, regulation, policy, agreement, or MPR requirement, and/or engages in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may terminate this Agreement by providing written notice to Licensee of such termination. Notice of for -cause termination shall be effective immediately upon mailing by City. If the City Council determines that termination of this Agreement is in the best interest of City, City shall have the right to terminate this Agreement by providing ninety (90) days written notice to Licensee. Licensee may immediately terminate this Agreement at any time by providing written notice to City and removing all equipment and personal property from the Property. Notwithstanding this or any other provision of this Agreement, Licensee shall not be relieved of liability to City for any damages sustained by City by virtue of any breach of this Agreement by Licensee. M. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent LICENSE AND INDEMNITY AGREEMENT -LIONS CLUB RODEO PAGE 7 OF 9 breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Licensee, N. Transfer of property, If City should sell or otherwise transfer title to Property, this Agreement shall be voidable upon transfer of title, at the buyer's or transferee's option. As may be practicable under the circumstances, City shall provide written notice to Licensee of City's intent to transfer title. O. No obligation. By the granting of this license, City does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of said premises, including, but not limited to, annexation, rezone, variance, permitting, environmental clearance, park development, or any other action allowed or required by law or conveyed by City Council, P. 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 by United States Mail, certified, return receipt requested, addressed as follows: City: City of Meridian Parks & Recreation Department Attn: Steve Siddoway 33 E. Broadway Avenue Meridian, Idaho 83642 Licensee: Meridian Lions Club P.O. Box 266 Meridian, Idaho 83680 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Q. Compliance; no discrimination. In undertaking activities under or related to this Agreement, Licensee shall comply in all respects with all applicable laws, ordinances, regulations, policies, agreements, and requirements, including, but not limited to, the CUP, and further shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. R. Successors and assigns. It is expressly agreed and understood by the parties hereto, that Licensee 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. 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. S. 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. T. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. LICENSE AND INDEMNITY AGREEMENT - LIONS CLUB RODEO PAGE 8 OP 9 U. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice fiom its attorney and/or has received the opportunity to seek such advice. V. Applicable 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. W. City Council approval required. This Agreement shall not be effective for any purpose whatsoever until it is approved by City Council and executed by the Mayor. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by thein duly authorized officers to be effective as of the day and year first above written. LICENSEE: John Hand President, Lions Club of Meridian, Inc. CITY OF MERIDIAN: Tammy de,,,Wlerd, Mayor ��LP�a °t'S ," City of E�DA�� t ,ryA,� ti cee H 1 an, City Clerk F SEAL, 1h, '[Af LICENSE AND INDEMNITY AGREEMENT —LIONS CLUB RODEO PAGE 9 OF 9 EXHIBIT A Property LICENSE AND INDEMNITY AGREEMENT - LIONS CLUB RODEO EXHIBIT A a� �o 0 —0 I 0 0 LO 0 LO N LO N r MI -961,311, EXHIBIT B Ada County Conditional Use Permit no. 201000531 -CU LICENSE AND INDEMNITY AGREEMENT - LIONS CLUB RODEO EXHIBIT B TO: ADA COUNTY PLANNING & ZONING COMMISSION HEARING DATE: August 12, 2010 STAFF: Diana Sanders, Associate Planner PROJECT NO.: 201000531 -CU APPLICANT: Doug Beehler Meridian Lions Rodeo P.O. Box 266 Meridian, ID 83680 INTRODUCTION 201000531 -CU Meridian Lions Rodeo: A request for a conditional use application to allow for a commercial riding arena for practices, High School Rodeo, Team Roping, Barrel Racing and other equestrian events. The property contains 29.586 acres and is located at 6054 W. Cherry Lane, Meridian, ID; Section 04, T. 3N, R. 1W. EXECUTIVE SUMMARY The applicant is requesting a conditional use for a commercial riding arena for practices, High School Rodeo, Team Roping, Barrel Racing and other equestrian events. The applicant is providing four hundred eighty-one (481) standard parking spaces, ten (10) ADA parking spaces, five (5) ADA van accessible parking spaces, and forty (40) contestant parking space allowing for horse trailer parking with turnaround areas. The applicant has placed temporary signs to direct traffic in and out of the facility on Cherry Lane. No parking signs will be placed along Cherry Lane and McDermott Road during the rodeo, due to the number of spectators. Traffic control attendants will be used as needed to avoid congestion. The parking area will be packed and watered prior to and during events as needed to keep the dust to a minimum. There are bleachers on the property that seat approximately 1,500 spectators. Typically there are between 900-1,000 spectators for the Lions Club Rodeo, which is held once a year. The concession area consists of a Coca Cola wagon and portable grills, which Central District Health Department inspects and approves for use, associated with the Rodeo. The property is within the City of Meridian Area of impact and complies with the Meridian Comprehensive Plan allowing the property to remain rural in character. The property contains thirty-nine acres which exceeds the minimum of five acres for a commercial riding arena. Ada County Building Division is requiring that a building permit for a one time inspection of the bleachers be required until such time that new structures are added or modified. Nampa & Meridian Irrigation District has no objection to the application provided that no activities affect the Ten Mile Drain or its one hundred foot easement. Ada County Highway District submitted their report attached as Exhibit 46. STAFF REPORT 201000531 -CU, MERIDIAN LIONS CLUB Page 1 RECOMMENDATION Based upon Staff's review of the application, staff concludes that this application complies with the Ada County Code and recommends approval to the Commission as set out in the proposed Findings of Fact and Conclusions of Law attached hereto. The Commission should consider the evidence and testimony presented during the public hearing prior to rendering its decision concerning this application. Should the Commission make positive findings of fact and vote to approve Project #201000531 -CU, staff recommends that the approval of Project #201000531 - CU be subject to the Conditions of Approval listed in Exhibit A attached to the proposed Findings of Fact and Conclusions of Law and Order. EXHIBIT LIST — PROJECT NO.: 201000531 -CU 1 Master Application Form (Three pages) 2 Applicant's Letter of Intent. (Nine pages) 3 Parking / Site Plan Dated June 9, 2010 and June 25, 2010. (Four pages) 4 Ada County Building Division memo dated June 23, 2010. (One page) 5 Nampa & Meridian Irrigation comment letter dated July 1, 2010. (One page) 6 Central District Health Department comment letter received July 9, 2010. (One page) 7 Ada County Highway District comment letter received July 26, 2010. (Twelve pages) STAFF REPORT 201000531 -CIT, MERIDIAN LIONS CLUB Page 2 MASTER APPLICATION ADA COUNTY DEVELOPMENT SERVICES 200 W. Front Street, Boise, Idaho 83702. www.adaweb.net phone: (208) 287-7900 fax: (248) 287-7909 TYPE OF ADMINISTRATIVE APPLICATION: ❑ ACCESSORY USE* ❑ DEVELOPMENT AGREEMENT ❑ FARM DEVELOPMENT RIGHT ❑ FLOODPLAIN PERMIT ❑ HILLSIDE DEVELOPMENT* ❑ HIDDEN SPRINGS ADMINISTRATIVE ❑ HIDDEN SPRINGS SPECIAL EVENT TYPE OF HEARING LEVEL APPLICATION: ❑ COMPREHENSIVE PLAN MAP AMENDMENT ❑ COMPREHENSIVE PLAN TEXT AMENDMENT CONDITIONAL USE ❑ NONCONFORMING USE EXPANSION ❑ SUBDIVISION, PRELIMINARY* ❑ PLANNED COMMUNITIES* ❑ MASTER SITE PLAN* ❑ ONE TIME DIVISION ❑ PRIVATE ROAD ❑ PROPERTY BOUNDARY ADJUSTMENT ❑ PROPERTY STATUS REPORT ❑ SIGN PLAN ❑ TEMPORARY USE* ❑ SUBDIVISION, SKETCH PLAT* ❑ VACATION ❑ VARIANCE ❑ ZONING MAP AMENDMENT ❑ ZONING TEXT AMENDMENT TYPE OF ADDENDA: ❑ APPEAL ❑ FINAL PLAT ❑ ADMINISTRATIVE MODIFICATION ❑ TIME EXTENSION ❑ DEVELOPMENT AGREEMENT MODIFICATION REQUIRED SUBMITTALS: ❑ CHECKLIST for applicable application(s). If multiple applications, do not duplicate submittals. ❑ *SUPPLEMENTAL WORKSHEET REQUIRED SITE INFORMATION: ,�� Section: 41 � Township: Range: —4rw Total Acres: 315, Subdivision Name: 1i Lot ni /M Block: N Site Address: Ch e r r Lane N- mc_er m #+} t d City ire.►^ i ch42 A Tax Parcel Number(s): $ wu 4 3 3 /o 45-0 4 1 l P O C1 33 SOS 00 Existing Zoning IA T_ Proposed Zoning: Area of City Impact; Overlay District(s) OFFICE USE ONLY Project # , of �� ✓� L,� Planning Fees/GIS: Engineering Fees: Received By:fD6 Date:�,21 Stamped - EXHIBiT I 20I000531 -CU MERIDIAN LIONS CLUB APPLICANT/AGENT: (Please print) M e r iQ iar� Li s CI u ADDITIONAL CONTACT if applicable: (Please Print) Name PC r Name: Corsort Address: PO BCX c 2 b City: MO r i gk i a Ll State:, h Zip: 3(0 0 Address: IS741 rC h e r C+ City: Iva mQg State: Zip: A3b S/ Telephone:.? --8lolo-o311 Fax: SOP-$'8�/'S(e�oS Email: u d'1141 s pie f- Telephone:,26g- Fax: Email: donalacnrseJA2 cawrona' //N i I certify this information is correct to the best of my knowledge. 4)) z/O ENGINEER/ SURVEYOR if applicable: (Please Print) Name: Address: City: State: Zip: Telephone: Fax: Email: Fax: Signature: (Applicant) Date Email: OWNER (S) OF RECORD: (Please Print) OWNER (S) OF RECORD: (Please Print) Name -. i a vt Name: Address: br52adu_JgfA live Address: City.. S�tla't/e: Zip: S1&1 V 2 City: State: Zip: Telephone: �Og` gg ov `t 7 Telephone: Fax: Fax: Email: Email: I consent to this application, I certify this information is correct, I consent to this application, I certify this information is correct and allow Development Services staff to enter the property for and allow Development Services staff to enter the property for related site inspections. I agree to indemnify, defend and hold related site inspections. I agree to indemnify, defend and hold Ada County and its employees harmless from any claim or Ada County and its employees harmless from any claim or liability resulting from any dispute as to the statements contained liability resulting from any dispute as to the statements contained in this application or as to the ownership of the property, which is in this application or as to the ownership of the property, which is the su/ub�� f the application. the subject of the application. Signature: Aowner (s) of Record Date 1 Signature: All Owner s) of Record Date If the property owner(s) are a business entity, please include business entity documents, including those that indicate the person(s) who are eligible to sign documents. VERSION 2010 -2- ADA COUNTY DEVELOPMENT SERVICES 200 W, Front Street, Bolse� ID $3702. www.adaweb.net phone: (208)287-7900(208)297-7909 CONDITIONAL USE CHECKLIST A Conditional Use request requires a public hearing. GENERAL INFORMATION: proposed development within any special development area, including but not limited to hillside, plannedunit development, floodplain, southwest, WLTFL Boise River Greenway, airport influence, and/or hazardous or unique areas of development. Application will not be accepted unless all applicable items on the form are submitted, This application shall not beconsidered complete until staff has received all required information. ADA (�'(AJNYY JIM fl 9 mno VERSION 2010 lig Wt f)PMENT�84,,' HVIG' f," Meridian Lions Club PO Box 266 Meridian, ID 83680 June 2, 2010 Ada County Development Services 200 W. Front Street Boise, ID 83702 Re: CUP for Ada County Parcels S1204336450 & S1204336500 Attn: Planning Department This letter is being submitted as part of the application for the conditional use permit for the property parcels indicated above. This request is by the Meridian Lions Club for the use of the property for the annual Meridian Lions Rodeo and all such events that will coincide with the facility as a rodeo grounds and equestrian riding arena. At this time the only events scheduled are the Meridian Lions Rodeo and a Barrel Race. We anticipate increasing the number of events when the permit is in place. The Meridian Lions Club will be holding their twenty-first (21st) annual rodeo on the weekend of September 24, 25th, and 26th, 2010. The Rodeo was initially held at the Meridian Speedway and after four years it was moved to the corner of Eagle Road and Fairview Avenue. In 2004 it was moved to the property indicated above, which is owned by the City of Meridian. We are in the process of entering into an agreement with the City and will use the conditional use permit rather than continuing on with the temporary use permit process. The County has issued temporary permits annually since we have moved to the property. We have developed a good relationship with the surrounding property owners and they are supportive of our events. A neighborhood meeting was held on April 17, 2010 with the certification form attached to the application. Proposed use and all uses associated with the request include but are not limited to: a. Annual Meridian Lions Rodeo as a fund raising event by the Meridian Lions Club. b. Riding Groups who have inquired about using the arena for practice. c. High School rodeo clubs have expressed an interest in using the facility. d. Organizations such as Team Ropers, Barrel Racers, and Reiners. The Meridian Lions Club owns the equipment that is on the property and includes the riding arenas, bucking chutes, fencing, bleachers, and announcer stand. We have continued to improve the site as funds are available. EXHIBrr 2 f a $ 201000531—CU MERIDIAN LIONS CLUB$-�}�$'i4$ Meridian Lions Club PO Box 266 Meridian, 1D 83680 Address any use in ACC 8-5-3. (ACC 8-5-3-107: Stable or Riding Arena, Commercial). A. Criteria applied to this establishment: 1. The riding arena is open to the general public or a club. 2. The riding arena can be rented by an individual or group. 3. Spectator seating for more than fifty (50) people is provided at the arena. 4. Retail sales accessory to the riding arena are conducted onsite. B. Sufficient parking and turnaround areas for horse trailers are provided. These areas are designed to preclude vehicles from backing out into a roadway. C. The minimum property size' has been complied with. D. All food services have been approved by Central District Health in previous years and we intend to continue the process as we have in the past. Days of Use: It is anticipated that the primary use of the facility will be weekend days. There will be times when we may use the facility during the week. The weekdays will probably be used by the riding groups for practice sessions. Typically the events will be held from April to October. Hours of Use: At this time there are no utilities on the property so the majority of use would be limited to daylight hours. We may on occasion need to use portable temporary lighting for safety reasons if vehicles are leaving the premises after sundown. The Length of Time: The length of time for any event discussed so far is not anticipated to be more than three (3) days at any one time. If a request is for another aspect of time, we will consider it is as it pertains to the permit or adjust accordingly. x0A (g(X, J i l Y Meridian Lions Club PO Box 266 Meridian, ID 83680 Master Site Plan: Previous meetings with the County have indicated that we are exempt from a Master Site Plan per ACC 8 -4E -2E. Pre -application conference notes are attached to this application. Neighborhood Meeting Certification: Neighborhood meeting was held on April 17, 2010. The certification is attached to this application. Jerry Frasier was the only neighbor in attendance. Pre -Application Conference Notes: Pre -application conference notes are from 4/1/2010 and are attached. Site Plan: A drawing of the existing facility is attached to this application. A drawing of the parking areas is attached. Legal Description: Deed: Parcel Information attached to this letter. Copies of Deeds are attached to this letter. Overlay District: All areas under this section are not applicable. Application Fee: A request for a fee waiver has been submitted. Meridian Lions Club PO Box 266 Meridian, 1D 83680 This is the second time we have requested a conditional use for this facility. The original request was dated April 17, 2007 and was referenced by bile # 200700081 -CU. Due to some issues we were unable to resolve in a timely fashion we withdrew the application and proceeded with a temporary use application. We have been in discussions with the City of Meridian and believe we can proceed with the process at this time. Some of the items you wanted us to address in the previous application are listed below. We are limited on improvements due to the lack of sewer and water to the property. As these amenities become available to the area we will update the facility as best we can to comply with your requirements. Items to address: Drainage Plan: Drainage has not been a problem in previous years. The Concession area has been graveled and all other areas are kept groomed and open to return any precipitation directly to the soil. The drive areas and parking areas are kept groomed and drains very well. Traffic Control: We have signs that we use to direct traffic into and out of the facility from Cherry Lane. We are currently using a temporary entrance with property owner approval and adequate signage from McDermott Road to allow for truck and trailer entry to avoid congestion. The approval letter from property owners Mike and Donna Anderson is attached to this application. We will put up no parking signs to keep vehicles off Cherry Lane & McDermott Road. As we develop the facility we anticipate adding another entrance from Cherry Lane. Traffic control attendants will also be used as needed to avoid congestion. Manure Removal: Because of the number of events at this time, the accumulation of manure has not been a problem. ALM 0( UNY Meridian Lions Club PO Box 266 Meridian, ID 83680 Parking: A drawing of proposed spectator parking with 400 spaces with handicap access is attached. Contestant and horse trailer parking and loading is also shown. In previous years we have been packing and watering all drive and parking areas prior to and during the event as needed to keep dust to a minimum. We have been very successful in this endeavor and drainage and dust abatement have been complied with. We have adequate handicap parking. We take great care in marking the parking areas with stakes and tape. We also have attendants available to keep vehicles parking in an orderly manner. Landscaping: Since utility services are not available and a Master Site plan is not required we are asking for the landscape plan requirements to be waived at this time. Weed control measures are taken during the course of the season to keep weeds from being a problem. The City has been working on weed control and all grass is kept mowed to keep from being a problem. Lighting: Since utility services are not available on the property we do not anticipate having any events after dark. For safety reasons we may have to use temporary portable light plants for people leaving the facility after dark. The light plants are similar to what you would rent from a rental facility that includes a generator and light plant. They are non -obtrusive to any neighbors to the property. Noise: ACC 8-4A-15 At this time we do not plan on having events between the hours of ten o'clock (10:00) PM and seven o'clock (7:00) AM. Our sound system is a 150 watt amp with 6 speakers and is just for the purpose of the announcer to speak to the spectators and for background music. The location of the bleachers and announcer stand is such that sound does not offend any of the neighbors to the property. Signage: Any signage used will be approved by the City and adhere to County cq p � (" U Y . UNI, O) 9 raj ) Meridian Lions Club PO Box 266 Meridian, ID 83680 Discussions with Meridian Fire Department: Previous discussions with the Meridian Fire Department have indicated that there will be a working relationship between the department and the Meridian Lions Club. Previous letter is attached to this application and new discussions will take place. Discussions with Idaho Department of Environmental Quality: Previous discussions with Idaho DEQ indicated the main concern with them is air pollution due to dust stirred up by ground preparation and the animals in the arena. The use of water trucks at the events has kept dust to a minimum in the past and will be continued as needed. The trucks are used for all parking areas and the arena. As parking lots are developed the dust will also be further reduced. Discussions with Ada County Highway District: Previous discussions with ACHD have been positive for this project and further discussions will be held. The main issues to address will be entrances to the property. Due to the fact that we are a non-profit group that raises funds to give back to the community we do not have large amounts of capital to fund major improvements on the facility and must depend on donations from outside sources to accomplish what we can. We would appreciate your help in working with us to accomplish this application process. The Meridian Lions Club is a local service club that is part of Lions International and we raise funds through community projects. The annual rodeo has become one of the largest local rodeos in the Northwest and continues to grow. The money raised is primarily for local needs of the community and its citizens. Our emphasis is on sight and hearing loss prevention, diabetes awareness, and youth development. Thank you in advance for your consideration of this application. I can be reached by phone at 208-866-0311 or by email at dougbeehler q�di is.net. Z ely, &J�J 4`.}#?`g Doug6B er President, Meridian Lions Rodeos° 1� 1)f'tff°df��=°`P�i rage i or i Diana Sanders From: dougbeehier@digls.net Sent: Wednesday, June 30, 20101:11 PM To: Diana Sanders Cc: Don Carson Subject: CUP for Meridian Lions Rodeo Diana, I am out of town till the 4th of July but wanted to get you some info about the concessions and bleachers. The bleachers will hold about 1500 people. Typically we have about 900-1,000 people using the bleachers. These are the same bleachers that the County has inspected and approved for use the last few years. We have repaired them as needed. The concession area consists of Coca Cola wagons and portable grills. The Central District Health Dept has inspected and approved for use these same items in past years. If you need any further info please let me know. Thanks, Doug Doug Beehler, CMFC 830 N. Main St., Ste 210 Meridian, ID 83642 Office 208-888-9590 Cell 208-866-0311 Home 208-939-5747 Fax 208-884-5665 ADA COUP i 7/1/2010 DEVELOPMENT SERVICES CrrY OF C>-W6ritin IDAHO MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR Mailing Address: 33 E. Idaho Avenue Street Address: 703 N.Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888.1234 / fax 895.0390 Parks & Recreation I I W. Bower Street 888-3579 / fax 888-6854 Planning 660 E. Watertower Street Suite 202 884-5533 / fax 888-6854 Police 1401 E. Watertower Street 888-6678 / fax 846-7366 Public Works 660 E. Watertower Street Suite 200 898-5500 / fax 895-9551 - Building 660 E. Watertower Street Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N. W. 8th Street 888-5242 / fax 884-1159 March 30, 2007 Mr. Bruce Wall Ada County Development Services 200 W. Front Street Boise, ID 83702-7300 Re: Meridian Lion's Club Rodeo Property Dear Mr. Wall: The property at 6054 W. Cherry Lane is within the Meridian Rural Fire Protection District. After reviewing the plan received on March 22, 2007, Meridian Fire Department can work with the Lion's Club on access roads, 20' wide fire lanes and turn -grounds. Respectfully, X6®r y Bowers Meridian Fire Department 4 y4 ADA COUNT%i ADA ,.� APR I JUN ) 1,11,1 DEVELOKW SERVICE CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CLTY CLERK - FAX 88& 4218 FINANCE do Lri LrN BILLING - FAX 887- 4813 MAYORS OFFICE -- FAX 884-8119 mail.digis.net - Digis Webmail Page 1 of 1 <> 06/03110 247PM J Print Cancel From, Diana Sanders <dsanders@adaweb.net> no: "dougbeehier@digis.net" <dougbeehler@digis.net> Received -On: 05/13/10 10:04 AM subject: FW: Meridian Lyon's Club Nore,. Doug, Here is the email from the County Engineer, Diana Sanders Associate Planner Ada County Development Services 208-287-7905 From: Jim Farrens Sent: Thursday, May 13, 2010 9:51 AM To: Diana Sanders Cc: Mark Perfect Subject: Meridian Lyon's Club Diana, we met earlier this week with the Meridian Lyon's Club to discuss their plans for use of a parcel for a yearly rodeo event. Since the parcel will see most of the yearly usage during a 2 -day period, I see no benefit in requiring the applicants provide a paved parking lot at this time. They have agreed to roll and water the field prior to the yearly event. This should prove satisfactory. We may wish to condition the approval as being able to reevaluate the situation should problems be noted in the future or if the public complains. Jim Farrens Ada County Engineer AD COUNTY JUN DEV F-1-OM PJi SRIV10T' http://webmail.digis.netleonapps/ftlwm/page/viewMessageAttachment?folder-=INBOX&mi... 6/3/2010 --►� �' �— dr REpiNttUGSPAtJ� ,w Ni 6S IS DMNEYMY r Meridian Llons Club P. 0. Box 266 Meridian, Idaho 83680-0266 PRO]EGT NO. 200700081 -CU APPLICATION FOR CONOMONAL USE PERMIT Ada County Development Se vim 200 W. Front Sheet Boise, Idaho 83702 fY S - t,Sif CSPA(E PARKING S Salt 1 h egolis 25 ft I - ---. 280 feet — -- PARKING - PARKING LAYOUT SCALE 1 h epab 20 ft A. No ith I ti Merkur Lona Roden Perking Summery, Row 1 6 Van Aooeas. MIC 10 Designated HIC Shit 10 Standard Sots Row 2a Std. Row 2b 41 Sid 41 Row 38 41 Std. re Rox3b 42 Std. Row 4a 42 Std. i Raw 4 b 43 Std. +� z Row 5 a 43 Std. Row tib 44 Std. Row 6a 44 Std. Raw 6b 46 Std. Row 7a 46 Std. Total. 5 Ven Axesa. HIC 10 Designated HIC 481 Standard Perking Slots. in order to provide mae dated on the pwkbq layout. ttre daunts have veiled spghfty but the total is greater than pravW* provided See the oobr desWmdon to show the WIC PW" spots \ h ADA COUNTY - N- 9 2010 DEVELOPMENT SERVICE" 992'11.16" 249'9.55" 255'3.00" 88'OAU" % Drain ditch Spectator Parking SO ri W High Pressure Gas Line Existing Access Driveway The location of this access will becentered o thedriveway on the South Side of Cherry Lane. The twodriveways will be ADA COUNTY Ado Cou Parcel W. centered on each other. S 204331 6 00 JUN 0 9 2010 Cherry Lane D E V E 1-0 P M E N ISI VI V I G'F S Cor �---Contestant Prep Area •Practice Arena ** INBOUND NOTIFICATION : FAX RECEIVED SUCCESSFULLY ** TIME RECEIVED REMOTE CSID DURA V PAGES STATUS lune 25 2010 10:09:32 AM MDT 208 463 8893 S8 1 Received 5 10 10:098 Don Carson (208) 463.8893 p.1 s s 7671 °ate�p •a a gest Q<� � �� 6' CHAIN LINK COJD V PRACTICE Phone EI i• 7 ARENA ACCESS Fax Y CONTESTANT PARKING (40) f--- F ACCESS -----1 --------------------- -- r CHUTES 1, 0: �< la! ry r, z ARENA IRaUGHj i ©' t I STOCK, i 1} ' W U; ril o z 115 HC/VAN • 1 ITL"' 1 Mi'il`1TTm1�7�i r a LIONS CLUB RODEO TEN MILE CREEK 7671 °ate�p •a a gest PROPERTYLINE• � �� 6' CHAIN LINK COJD V PRACTICE Phone EI i• 7 ARENA 3- �$3 Fax Y CONTESTANT PARKING (40) {.- -�c_ ACCESS -----1 --------------------- -- r CHUTES 1, r, ARENA IRaUGHj i I STOCK, i 1} ' ,�r ul ril z 115 HC/VAN • 1 ITL"' 1 Mi'il`1TTm1�7�i r • 1) }`�11. Id! ti'i411111 HI! IIH�rttlll�4l�,�� it ,i:i'llilllf'{1111�`j FL it lll+tl'ILEI 'k% ,. f0 !F f"w: 1�!I ��11��EI�' 504 10'x20' PARKING STALLS•`, PLUS 15 HC STALLS 25' DRIVE AISLES ` 4' CONC. DITCFI ------ ,....: -------__------ CHERRY LANE House ADA COUNTY JUN 2010 DEVROPMENT SERVICES SCALE 1"=200' EXHIBIT 3 201000531 -CU MERIDIAN LIONS CLUB Past -It° Fax Note 7671 °ate�p •a a gest Ta Ad -A Av%f C COJD V Phone EI i• 7 OD " 3- �$3 Fax Y BUILDING DIVISION MEMO DATE: 6/23/2010 FROM: Bob McKinney, Plans Examiner II TO: Diana Sanders, Associate Planner SUBJECT: 201000531 CU Meridian Lions Club Rodeo The building Division as in years past will require a building permit for a one time Inspection to Insure conformance with the established Fire and Life Safety criteria established in the 2005 submittals by Architect Byron Lee Smith and Engineer Darren Truchots' building permit submittals. The 2010 inspection will be performed to the same standards as the previous years as established In 2005. This practice will continue until something changes such as new structures are added or modified. At that point this practice will be discontinued. EXHIBIT 4 201000531 -CU MERIDIAN LIONS CLUB JUL 0 2 2010 ADA COUNTY DEVELOPMENT SERVICES 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX ## 208-463-0092 X10 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 my Development Services Boise, ID 83702-7300 RE: 201.000AI-CU/Meridian Lions Club Rodeo Dear Development Services: Providing no activities effect Nampa & Meridian Irrigation District's Ten Mile Drain or it's one hundred foot (1001); fifty feet (50') from centerline easement this will be acceptable to the District, Sincerely, A Greg urtis _ Asst. Water Superintendent Nampa & Meridian Irrigation District Gc/abg C: File - Off►ce/Sliop EXHIBrr 5 201000531 -CU MERIDIAN LIONS CLUB APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 CF901CENTRAL CENTRAL DISTRICT HEALTH DEPAK � MENT re.E.A.I. DISTRICT Returnto: ffi77 vironmental Health Division ❑B� 0�& Rezone # L) Garden City ❑ Meridian Conditional Use'!�L®t�t��NT sERvl $ V� 4 Preliminary / Final / Short Plat ACZ -.r ❑ Star ❑1. We have No Objections to this Proposal. ❑2 We recommend Denial of this Proposal. ❑3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑S Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ bedrock from original grade ❑ other 0& This office may require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ Interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑9. The following plan(s) must be submitted to and approved by the Idaho Department of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑10. Run-off is not to create a mosquito breeding problem. ❑1 t. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12 if restroom facilities are to be Installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations, 03. We will re uire plans be submitted for a plan review for any: ,food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑14. Please see attached stormwater management recommendations 15, f ,-_ �' Reviewed By: l s ✓r�1re,.WuD . Date: '7 EXHIBIT 6 201000531 -CU Review Sheet 1572"IEHM MERIDIAN LIONS CLUB July 21, 2010 To: Meridian Lions Club Doug Beehler P.O. Box 266 Meridian, Idaho 83680 Subject: 201000531 -CU W. Cherry Lane. Sherry R. Huber, President Rebecca W. Arnold, Vice President John S. Franden, Commissioner Carol A. McKee, Commissioner Sarah M. Baker, Commissioner JUL 2 6 2010 ADA COUNTY D VELOPMEhfT SERViCES On July 21, 2010 the Ada County Highway District Staff acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at (208) 387-6171. Sincerely, i Kristy Heller Planner I Right -of -Way & Development Services Ada County Highway District CC: Project file Ada County Development Services, City of Meridian, Don Carson Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345.7650 a www.achd.ada.id.us EXHIBrr 7 201000531 -CU MRRMTAN T UINC rT TrR Right -of -Way & Development Services Department (ro.w.w�i'XcaG�o S'uu�iu Project/File: 201000631 -CU This is a conditional use application for the Meridian Lions Rodeo (commercial riding arena, equestrian events) on 29.586 -acres. This site is located on the north side of Cherry Lane, east of the corner of Cherry Lane and McDermott Road in Ada County, Idaho. Lead Agency: Ada County Site Location: W. Cherry Lane Staff Approval: July 21, 2010 Owner: City of Meridian RUT 33 E. Broadway Ave. Rural -Urban Transition Zone Meridian, Idaho 83642 Applicant: Meridian Lions Club RUT Doug Beehler P.O. Box 266 Meridian, Idaho 83680 Staff Contact: Kristy Heller Phone: 387-6171 E-mail: kheller&achdidaho.oro Tech Review: July 14, 2010 (via email) Application Information: Acreage: 29.586 Zoning: RUT (Rural -Urban Transition Zone) Proposed Use: Meridian Lions Rodeo A. Findinas of Fact Existing Conditions 1. Site information: The site has some structures onsite from prior temporary use approvals. i 2. Description of Adlacent Surroundina,Area: Direction Land Use Zoning North Rural -Urban Transition Zone RUT South Rural -Urban Transition Zone RUT East Rural -Urban Transition Zone RUT West Rural -Urban Transition Zone RUT 3. Existing Roadway Improvements and Right -of -Way Adjacent To and Near the Site: • Adjacent to the site, Chert' Lane is improved with 2 travel lanes, 25 -feet of pavement, and no curb, gutter, or sidewalk. There is 50 -feet of right-of-way (25 -feet from centerline). 201000531 -CU • Near the site, McDermott Road is improved with 2 travel lanes, 28 -feet of pavement, and no curb, gutter or sidewalk. 4. Existing Access: There is one defined access to this site off Cherry Lane. 5. Existing Condition of Area Roadways: Roadway Frontage Functional Traffic Count Level of Speed Classification Service* Limit Cherry 995' Principal 7843 east of McDermott Road on Better 45 Lane Arterial 5/6/2010 than "C" MPH McDermott 0' Principal 592 north of Cherry Lane on 3/18/2010 Better 50 Road Arterial480 south of Cher y Lane on 4/18/2001 than "C" MPH ;Acceptable level of service for a two-lane principal arterial roadway is "E" (14,000 ADT). 6. Site History: ACHD staff previously reviewed this site for the Meridian Lions Rodeo, as a temporary use (200600214 -TP, 200700167 -TP & 200800151 -TP) in September 2006, September 2007, and August 2008. There were no requirements at the time of the applications due to the application being a temporary use. Development Impacts 7. Trip Generation: This development is estimated to generate approximately 47 additional vehicle trips per day, based on the Institute of Transportation Engineers Trip Generation Manual, 8'" edition. During events, actual trip generation will be significantly higher. 8. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 9. Capital Improvements Plan (CIP) i Five Year Work Plan (FYWP): There are no roads, intersections, or bridges in the general vicinity of the development that are programmed for improvement in the current Five Year Work Plan. • Cherry Lane is listed in the Capital Improvement Plan (CIP) for corridor preservation to accommodate widening to 5 -lanes in between McDermott Road and Black Cat Road. B. Findings for Consideration 1. Cherry Lane Right -of -Way Policy: District policy requires 96 -feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5 -lane roadway with curb, gutter, 5 -foot concrete detached sidewalks and bike lanes. Sidewalk Policy: District policy requires 7 -foot wide attached (or 5 -foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). , ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway features required through development. This segment of Cherry Lane is designated in the MSM as a Planned Commercial Arterial with 5 -lanes and on -street bike lanes, on -street parking and an 82 -foot street section within 96 -feet of right-of-way. Existing Conditions: Cherry Lane is improved to 2 -lanes (25 -feet of pavement), with no curb, gutter, or sidewalk within 50 -feet of right-of-way. Applicant's Proposal: The applicant is not proposing any improvements on Cherry Lane abutting the site. 2 201000531 -CU Staff Comment/Recommendations: Typically with this type of development application, the applicant would be required to dedicate 48 -feet of right-of-way from the centerline of Cherry Lane, as well as construct a 5 -foot wide detached concrete sidewalk located a minimum of 42 -feet from the centerline of Cherry Lane abutting the site. However, due to the lack of improvements adjacent to the site, and the large amount of frontage on Chevy Lane (995 -feet), staff recommends a modification of policy to allow the applicant to do one of the following: 1. Dedicate 48 -feet of right-of-way from the centerline of Chevy Lane abutting the site and construct a 5 -foot wide detached concrete sidewalk located a minimum of 42 -feet from the centerline of the roadway abutting the site, or; 2. Dedicate 48 -feet of right-of-way from the centerline of Cherry Lane abutting the site with no compensation in lieu of sidewalk construction. This site has also been designated as a future City of Meridian park. With a future development application, additional frontage improvements may be required. 2. Driveways Access Management Policy: District policy 7207.8 states that direct access to arterials and collectors is normally restricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or arterial street is impractical, the District may consider direct access points. Access points for proposed developments at intersections should be located as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the District Commission. Successive Driveway Policy (45 MPH): District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 45 to align or offset a minimum of 230 -feet from any existing or proposed driveway. Driveway Width Policy: District policy 7207.9.3 restricts commercial and institutional driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36 -feet. Most commercial driveways will be constructed as curb -cut type facilities if located on local streets. Curb return type driveways with 15 -foot radii will be required for driveways accessing collector and arterial roadways. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge. Applicant Proposal: The applicant is proposing to utilize the 20 -foot wide existing driveway onto Cherry Lane located 1,277 feet east of the intersection of McDermott Road and Cherry Lane (615 - feet from the nearest existing driveway on the south side of the roadway). Staff Comment/Recommendation: Staff recommends a modification of policy to allow the construction of one driveway onto Cherry Lane, as it meet's the intent of ACHD's Access Management policy, by providing sole access to the site; therefore, the applicant's proposal to utilize the existing driveway onto Cherry Lane should be approved, as proposed. The applicant should be required to pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the roadway. This site has also been designated as a future City of Meridian park. With a future development application, access to Cherry Lane will be restricted. Although District staff is making a recommendation to allow the continued use of the existing driveway located 1,277 -feet east of the intersection of McDermott Road and Cherry Lane with this application, the applicant should plan on 3 201000531 -CU providing a combined access point for use by both the Meridian Lions Rodeo and the future park once the remainder of the parcel redevelops. 3. Landscaping Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in planters less than 8 -feet in width without the installation of root barriers. Class Il trees may be allowed in planters with a minimum width of 8 -feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10 -feet. License Agreements: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10 -feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40 -foot vision triangle and a 3 -foot height restriction on all landscaping located at an uncontrolled intersection and a 50 -foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 4. Other Access Cherry Lane is classified as a principal arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway. C. Site Specific Conditions of Approval 1. The applicant will be required to do one of the following for Cherry Lane abutting the site. 1. Dedicate 48 -feet of right-of-way from the centerline of Cherry Lane abutting the site and construct a 5 -foot wide detached concrete sidewalk located a minimum of 42 feet from the centerline of the roadway, or; 2. Dedicate 48 -feet of right-of-way from the centerline of Cherry Lane abutting the site with no compensation, in lieu of sidewalk construction. 2. Pave the existing 20 -foot wide driveway located at the east property line its full width and at least 30 -feet into the site beyond the edge of pavement of Cherry Lane. 3. Enter into a license agreement for any landscaping located within ACHD right-of-way abutting the site. 4. Other than the access specifically approved with this application, direct lot access is prohibited to Cherry Lane. 5. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway dr right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 4 201000531 -CU 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. 5 201000531 -CU Attachments 1. Vicinity Map 2. Site Pian I Utility Coordination 4. Development Process Checklist 5. Request for Reconsideration Guidelines OR Appeal Guidelines 201000581 -CU Site Plan 1m" Lan DEVEIAPI sERMs 201000531 -CU Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper not cation to utilities of local highway and road improvements, to help the utilities in budgeting and to clarify the already existing process. 1) Notification: Within five (5) working days upon notification of required right of way improvements by Highway entities, developers shall provide written notification to the affected utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to, project limits, scope of roadway improvements/project, anticipated construction dates, and any portions critical to the right of way improvements and coordination of utilities. 2) Plan Review: The developer shall provide the highway entities and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conference may not be necessary, as determined by the utility owners. Conference notification shall also be sent to the UCC. During the review meeting the developer shall notify utilities of the status of right of way/easement acquisition necessary for their project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter of review indicating the costs and time required for relocation of its facilities. Said letter of review is to be provided within thirty calendar days after the date of the plan review conference. 3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary plans. Utilities may request an updated plan review meeting if revisions are made in the preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification: The developer will provide highway entities, utility owners and the UCC with final notification of its intent to proceed with right of way improvements and include the anticipated date work will commence. This notification shall indicate that the work to be performed shall be pursuant to final approved plans by the highway entity. The developer shall schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity shall be completed within the times established during the preconstruction meeting, unless 'otherwise agreed upon. ' Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for e-mail notification information. 8 201000531 -CU Development Process Checklist ®Submit a development application to a City or to the County ®The City or the County will transmit the development application to ACHD ®The ACHD Planning Review Division will receive the development application to review ®The Planning Review Division will do ore of the following: ❑Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time. []Send a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of a previous development application and that the site specific requirements from the previous development also apply to this development application. ®Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ❑Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports. ❑For ALL development applications, including those receiving a "No Review" or "Comply With" letter. • The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architecture] plans may be submitted for purposes of impact fee calculation.) • The applicant Is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, including, but not limited to, driveway approaches, street Improvements and utility cuts. ❑Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (zone) ❑ Driveway or Property Approach(s) • Submit a 'Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. ❑ Working in the ACHD Right -of -Way • Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Applicatlon" to ACHD Construction — Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, If trench Is >50' or you are placing >600 sf of concrete or asphalt. Construction (Subdlvislons) ❑ Sediment & Erosipn Submittal , At least one week prior to setting up a Pre -Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be turned into ACHD Construction — Subdivision to be reviewed and approved by the ACHD Drainage Division. ❑ Idaho Power Company Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre -Con being scheduled. ❑ Final Approval from Development Services ACHD Construction — Subdivision must have received approval from Development Services prior to scheduling a Pre -Con. 201000531 -CU Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously In the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 10 201000531 -CU Request for Reconsideration of Commission Action 1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law In the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter Is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, Interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 11 201000531 -CU GUNEML IO PON, mrt subs at le .l (7) ' v. of Ada County Code (6y afl i pbbtogmptw of Ago with ' ION. tv JOY 0, 2010 eta- 'k swwaw rpt a f5j �; a EXHIBIT 8 201000531 -CU MERIDIAN LIONS CLUB BEFORE THE ADA COUNTY PLANNING & ZONING COMMISSION In re: Application of MERIDIAN LIONS CLUB Project No. 201000531 -CU FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FINDINGS OF FACT If any of these Findings of Fact are deemed Conclusions of Law, they are incorporated into the Conclusions of Law section. A. The Commission finds that the record is comprised of 1. Exhibit 1 to the Staff Report. 2. Exhibit A to the Findings of Fact, Conclusions of Law and Order. 3. All other information contained in Ada County Development Services File for Project No. 201000531 -CU. B. As to procedural items, the Commission finds the following: 1. In accordance with Section(s) 8 -6 -3A/8 -7 -3A2/8 -74A 1 of the Ada County Code, the applicant completed a pre -application conference with the director prior to the submittal of the application on June 9, 2010. 2. In accordance with Section 8-7A-3 of the Ada County Code, the applicant held a neighborhood meeting on April 17, 2010. 3. On June 9, 2010, Project #201000531 -CU was submitted to Development Services and scheduled for public hearing before the Ada County Planning and Zoning Commission on August 12, 2010. 4, On June 22, 2010, staff notified other agencies of this application and solicited their comments. Any comments received were incorporated into the staff report and are attached in the Exhibit List. 5. On July 9, 2010, property owners within 300 feet of the site were notified of the hearing by mail. Legal notice of the Commission's hearing was published in The Idaho Statesman on July 27, 2010. 6. Notices of the public hearing were posted on the property on or before August 2, 2010 and a certification sign posting was submitted to the director on or before August 5, 2010. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 20100053 ICU, MERIDIAN LIONS CLUB Page 1 C. As to the project description, the Commission finds based on the application materials found in the file for Project No. 201000531 -CU the following: 1. PROPOSED USES — Riding Arena, bucking chutes, bleachers, fencing, and announcer stand for Meridian Lions Rodeo, riding groups, High School rodeo clubs, Team ropers, Barrel Racers, and Reining. 2. PROPOSED STRUCTURES — Announcer Stand and Bleachers. 3. PROPOSED SITE IMPROVEMENTS- 400 Parking spaces including ADA parking, trailer parking and dust abatement. D. Based on the materials found in the file for Project No. 201000531 -CU, the Commission finds the following concerning the project description: 1. PARCEL NUMBER AND LOCATION — The subject property is identified as Ada County Tax Parcels S1204336450 and S1204336500, The site is located at 6054 W. Cherry Lane in Section 04, T. 3N., R. 1W., Meridian, Ada County, Idaho. 2. OWNERSHIP — The property is owned by the City of Meridian. 3. SITE CHARACTERISTICS Property size — Parcel S 1204336450 contains approximately 17.659 acres. Parcel S 1204336500 contains approximately 11.927 acres. Existing structures — Bleachers and an announcer stand. Existing vegetation — There is no vegetation currently on site. Slope - The property is virtually flat. Irrigation - It appears that surface irrigation water is available to property. Drainage - There do not appear to be any drainage facilities located on the property. Views - The site has clear views in all directions. E. Based on the officially adopted Ada County land use maps, the Commission finds the following concerning the current land use and zoning: The subject property is currently un -improved. The site is currently zoned Rural -Urban Transition (RUT) District. F. Based on the officially adopted Ada County land use maps, the Commission finds the following concerning the surrounding land use and zoning: North: The property to the north is zoned Rural -Urban Transition (RUT) District and is unimproved land. South The property to the south is zoned Rural -Urban Transition (RUT) District with a single- family residence and unimproved land. East: The property to the east is zoned Rural -Urban Transition (RUT) District and is unimproved land. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 20100053 ICU, MERIDIAN LIONS CLUB Page 2 West: The property to the west is zoned Rural -Urban Transition (RUT) District with a single- family residence and unimproved land. G. Based on the officially adopted Ada County land use maps and materials found in the file for Project No. 201000531 -CU, the Commission finds the following concerning services: Access Street and Designation: Official access to the subject property is provided from W. Cherry Lane (Principal Arterial). Fire Protection: The Meridian Fire District provides fire protection service to the site. Sewage Disposal: The property is within the Meridian Municipal Sewer District. Water Service: The property is not within a Water District. Irrigation District: The property is within the Boise Project Board of Control and Nampa & Meridian Irrigation District. Drainage District: The property is not located within the jurisdictional limits of any of the established drainage districts. H. As to the applicable law, the Commission finds the following: This section details the comp plan goals, objectives and policies; the zoning ordinance regulations; and other applicable standards regarding development of the subject property. 1. The Commission finds the City of Meridian Comprehensive Plan is applicable because the property is within the City of Meridian's Area of Impact. The Commission finds the application complies with the City of Meridian's Comprehensive Plan because: Meridian's Future Land Use Map designates the area as Low Density Residential/Civic. The City of Meridian's Comprehensive Plan permits recreational uses that are compatible with agricultural pursuits in the rural areas. 2. The Commission finds Title 8, Chapter 5, Article B of the Ada County Code is applicable as this application includes a request to establish a commercial stable, riding arena in a residential base district, which requires conditional use approval. The required findings for approval of a conditional use permit are set forth below in italics text, followed by the Commission's findings: 8-5B-5: REQUIRED FINDINGS: A. The proposed use is not detrimental to the public health, safety, or welfare; The Commission finds that the proposed use will not be detrimental to the public health, safety or welfare because of the follow reasons: a. The proposed conditional use will be required to comply with all county, state, and federal regulations; b. The proposal has been transmitted to public agencies such as fire, police, and emergency service providers, and no comments have been received indicating concern with impacts to health, safety or welfare; c. The proposal complies or is conditioned to comply, with the specific use standards found Title 8, Chapter 5 of the Ada County Code as described below; and FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 20100053 ICU, MERIDIAN LIONS CLUB Page 3 B. The proposed use shall not create undue adverse impacts on surrounding properties; The Commission finds that the proposed use will not create undue adverse impacts on surrounding properties because of the following: a. The use is restricted to daylight hours, due to the fact that there are no utilities on site. Portable temporary lighting for the safety of vehicles leaving the premises after sundown and will comply with ACC 8-411. The applicant is proposing events that will primarily be on weekend days, with some will events during the week by riding groups for practice sessions. Typically the events will be held from April to October, b. Outdoor storage areas associated with the use will be required to screened from view; c. The use will be setback 100 feet from adjacent property; and d. The use will be subject to the noise ordinance and comply with ACC 84A-15. The applicant is proposing a 150 watt amp with six speakers for the announcer and background music. e. The applicant will provide for weed control on the property. C. The proposed use is consistent with the applicable comprehensive plan; The Commission finds that the proposed use is consistent with the applicable comprehensive plan because of the following reasons: a. According to the official zoning maps adopted by Ada County, the subject property is locatedd within the City of Meridian Area of City Impact; thus the City of Meridian Comprehensive plan is applicable when considering development of the site; b. The subject property is designated as Low Density Residential with a civic overlay for a park on the 2010 City of Meridian Future Land Use Map; a The proposed use, a stable, riding arena commercial, is agricultural in nature and meets the intent of the Residential zoning designation identified in the Future Land Use Map. D. The proposed use complies with the purpose statement of the applicable base district and with the specific use standards as set forth in this chapter; 1. The Commission finds the following concerning compliance with the applicable base district purpose statement: a. The existing use and associated improvements as highlighted above, are consistent with the goals and policies of the applicable comprehensive plan; b. The proposal will not preclude adjacent agricultural and rural uses from continuing; and c. As the proposed use is limited in the use as a commercial riding arena, the subject property has the potential for future redevelopment in accord with the applicable comprehensive plan once urban public services are available. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 20100053 ICU, MERIDIAN LIONS CLUB Page 4 3. The Commission finds that, as conditioned, the proposal complies with applicable specific use standards found in ACC 8-5-3.107 of the Ada Courcy Code because of the following: A. The establishment is deemed commercial and requires a conditional use approval because the riding arena is open to the general public and clubs. Spectator seating is for more than fifty (50) as identified as bleachers on the master site plan as well as a concession's area. B. The applicant submitted a parking plan for four hundred eighty-one (48 1) standard parking spaces, ten (10) ADA parking spaces, five (5) ADA van accessible parking spaces, and forty (40) contestant parking space allowing for horse trailer parking. The applicant has placed temporary signs to direct traffic in and out of the facility on Cherry Lane. No parking signs will be placed along Cherry Lane and McDermott Road during the rodeo, due to the number of spectators. Traffic control attendants will be used as needed to avoid congestion. The parking area will be packed and watered prior to and during events as needed to keep the dust to a minimum. The Ada County Engineer has reviewed the plan and is recommending that the parking area not be paved at this time. Uthe dust becomes a problem the applicant will be required to address the problem. C. The minimum property size for commercial stable/riding arena is five (5) acres. The property currently contains thirty-nine (39) acres. D. The applicant is not proposing catering with this application, E. The proposed use complies with all applicable county ordinances; The Commission fords that the proposed use complies with all applicable County ordinances. F. The proposed use complies with all applicable state and federal regulations; The Commission fords that the proposed improvements will be restricted by the conditions of approval to comply with all applicable State and Federal regulations, G. The proposed use and facilities shall not impede the normal development of surrounding property; and The Commission funds that the proposed improvements will not impede the normal development of surrounding property because the proposed use is agricultural in nature and the surrounding property has already been developed with rural uses. H. Adequate public and private facilities such as utilities, landscaping, parking spaces, and traffic circulation measures are, or shall be, provided for the proposed. use. The Commission finds that the nature of the proposed use will not place a large demand on public and private facilities. The applicant is providing four hundred eighty-one (481) standard parking spaces, ten (10) ADA parking spaces, five (5) ADA van accessible parking spaces, and forty (40) contestant parking space allowing for horse trailer parking. The applicant has placed temporary signs to direct traffic in and out of the facility on Cherry Lane. No FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 201000531CU, MERIDIAN LIONS CLUB Page 5 parking signs will be placed along Cherry Lane and McDermott Road during the rodeo, due to the number of spectators. Traffic control attendants will be used as needed to avoid congestion. The parking am will be packed and watered prior to and during events as needed to keep the dust to a minimum. No activities will continue past dark, due to the lack of electricity to the site. The applicant will be required to provide portable restroom facilities and comply with all Central District Health Requirements. ACRD has approved one access on Cherry Lane, which will need to be 20 wide and 30 feet into the site beyond the edge of pavement of Cherry Lane. The applicant has requested the landscaping be waived until services are available. Weed control measures will be taken by the City of Meridian. CONCLUSIONS OF LAW If any of these Conclusions of Law are deemed to be Findings of Fact they are incorporated into the Findings of Pact section. 1. The Commission concludes that Project No. 201000531 -CU complies with the City of Meridian's Comprehensive Plan. 2. The Commission concludes that Project No. 201000531 -CU complies with Article 8-5B of the Ada County Code. 3. The Commission concludes that Project No. 201000531 -CU complies with Article 8-5-3-107 of the Ada County Code. ORDER Based upon the Findings of Fact and Conclusions of Law oon amed herein, the Commission approves Project # 201000531 -CU, subject to the Conditions of Approval attached as Exhibit A. DATED this 12'" day of August, 2010. By: Acting Chairperson Ada County Planning- " Commission ATTEST: Mark erfect, Secretary FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 20100053 ICU, M MIDIAN LIONS CLUB page 6 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE APPROVAL REQUIRED ACTIONS. THE FOLLOWING LIST DETAILS THE TASKS THAT MUST BE COMPLETED BEFORE THE APPROVAL OF FILE #201000531 -CU WILL BE CONSIDERED FINAL, THE APPLICANT AND/OR OWNER HAVE UNTIL AUGUST 12, 2011 TO COMPLETE THE REQUIRED ACTIONS AND TO OBTAIN A ZONING CERTIFICATE UNLESS A TIME EXTENSION IS GRANTED. SEE SECTION 8-7-6 OF THE ADA COUNTY CODE FOR INFORMATION ON TIME EXTENSIONS. IF A BUILDING PERMIT IS REQUIRED, THE ZONING CERTIFICATE SHALL BE ISSUED WITH THE BUILDING PERMIT. THIS APPROVAL SHALL BECOME VOID IF A VALID ZONING CERTIFICATE HAS NOT BEEN ISSUED BY THAT DATE. SITE IMPROVEMENTS ARE NOT ALLOWED UNTIL THE ZONING CERTIFICATE HAS BEEN ISSUED. 1. The applicant and/or owner shall obtain written approval of the development (site plan and/or use) from the agencies noted below. All site improvements are prohibited prior to approval of these agencies. a) The Meridian Fire District must approve all fire flow requirements and/or building plans. b) The Nampa & Meridian Irrigation District must approve all modifications to the existing irrigation system. c) Ada County Highway District must approve the construction of the driveway approach for proper ingress and egress of the development site. The verification must be on agency letterhead referring to the approved use. 2. A Building Permit for a one time inspection is required prior to the use of the bleachers. Please contact the County Building Official at 364-2277 for fee and application information. The design and construction of the development shall comply with the approved and stamped master site plan and the Ada County Code. 3. Once construction is complete, the applicant shall request a zoning compliance inspection from the Development Services Department. Staff will check for compliance with the approved master site plan. The Director must approve any modification and/or expansion to the master site plan. See Section 8-4E-3 of the Ada County Code. TERMS OF APPROVAL. THE FOLLOWING TERMS MUST BE COMPLIED WITH AT ALL TIMES OR YOUR APPROVAL MAY BE REVOKED. 4. A zoning certificate and/or a building permit may not be issued until 15 days after the Commission issued the written decision on the proposed development. In the event the decision of the Commission is appealed, the building permit may not be issued until the appeal is resolved in favor of the proposed development. See Section 8-7-7 of the Ada County Code for more information on appeals. 5. The use must comply with all Central District Health requirements. 6. The Director must approve any modification and/or expansion to the conditional use. See Section 8-4E-3 of the Ada County Code. 7. The use must comply with the specific use standards for commercial stable and riding arena in Section 8-5-3-107 of the Ada County Code, 8. Americans with Disabilities Act (ADA) parking shall be provided and located so as to provide the CONDITIONS OF APPROVAL 201000531 -Cil, MERM AN LIONS CLUB Exhibit A Page 1 EXHIBIT A shortest route of travel from adjacent parking to an accessible entrance. 9. The applicant must comply with the submitted site plan and parking plan, submitted June 9, 2010 and June 25, 2010. 10. A minimum of 410 standard parking spaces, 40 contestant parking spaces, five ADA van accessible parking spaces and 10 ADA compliant parking spaces shall be required for the proposed event as shown in Exhibit 44. 11. The temporary use shall comply with the design and dimensional standards of the Rural -Urban Transition (RUT) District, unless otherwise specified. 12. As approved by this action, the site shall be limited to the placement of temporary structures as permitted subject to the regulations of Article 8-41. 13. No irrigation and/or drainage water shall be impeded by any construction on site. 14. The property must be managed and maintained consistent with the standard regulations in Title 8, Chapter 4, Article A of the Ada County Code. Please note that this Article contains specific regulations regarding the accumulation of junk, atmospheric emissions, construction sites, hazardous material storage, outdoor public address systems, outdoor storage of chemicals and fertilizers, transmission line corridors, and utilities. 15. Any lighting on the site shall comply with the lighting regulations in Title 8, Chapter 4, Article H, of the Ada County Code. 16. The use must comply with the noise regulations in Ada County Code, Title 5, Chapter 13. 17. The property must comply with the nuisance regulations in Ada County Code, Title 5, Chapter 9. CONDITIONS OF APPROVAL 201000531 -CU, MERIDIAN LIONS CLUB Exhibit A Page 2 Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Fire Department 91 I. Fire Department: Sale and Disposal of Fire Engine 38 to the Meridian School District MEETING NOTES -y- Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS c t� a N `O= y..1 ca m to c U) w LL J N• I— z w W o L L p a� c a) D a) Z W 0 ILz O 0 W cCu°�v° L i aX O- o ,0 O 0CL w c O O `- C O N U f= N — O O �.m O QE 0 J U u. U U) N •u. c m W > ( d Q d@" U W N 0 O w IL w a co 0 c a 0 U_ aa) LL L _ O J o o a N p <u o c 3 O a) E 'O p z M v m �•E.cCc�v>U>, tL u Q. Q '- CO a a a o y � c �o �o c`u � i7 o 0^ /1.3)�. 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O a c _ p O Q N N L a) a) C U U p p N p <u o c 3 (0 p c c C U c m ns E U E a> W�oE»�o0) L 0 (n U) �•E.cCc�v>U>, tL u Q. Q '- CO a a a o y � c �o �o c`u CLO � a� a> cn EU v�U��w0v5LL0f 2 Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 9E PROJECT NUMBER: ITEM TITLE: Parks and Recreation Dept. E. Parks and Recreation Department: First Amendment to Lease Agreement Between the City of Meridian and American Harvest, LLC for Lake Hazel Property and Authorization for Sublease with The Turf Company 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: October 6, 2015 ITEM NUMBER: 9F PROJECT NUMBER: ITEM TITLE: Parks and Recreation Dept. F. Parks and Recreation Department: Resolution No. 115- ( oq� : Authorizing First Amendment to Lease Agreement with American Harvest, LLC for Lake Hazel Property and Authorization for Sublease with The Turf Company 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. 15 - BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION APPROVING FIRST AMENDMENT TO LEASE AGREEMENT WITH AMERICAN HARVEST, LLC AND AUTHORIZATION FOR SUBLEASE WITH THE TURF COMPANY FOR LAND OWNED BY CITY AND LOCATED ON LAKE HAZEL ROAD, IN ADA COUNTY IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City owns real property located on Lake Hazel Road, Ada County, Idaho, identified as Parcel no. S 1405212410, which is currently unused by City (hereinafter "Lease Premises"); WHEREAS, City is authorized by Idaho Code section 50-1401 to manage real property owned by the City in ways which the judgment of the city council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to James Lowe for turf farming and sporting events serves the public interest as the most efficient method of controlling weeds, pests, and dust and provides and supports recreational facilities and opportunities, including soccer programming, for members of the Meridian community; WHEREAS, the City Council of the City of Meridian hereby finds that the Lease Premises are not otherwise needed for City purposes; and WHEREAS, pursuant to Idaho Code section 50-1407, the Mayor and Council hereby resolve and authorize the lease of Lease Premises to James Lowe and the sublease of Lease Premises to the Turf Company; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: Section 1. That the terms of the First Amendment To Lease Agreement With American Harvest, LLC and Authorization for Sublease with the Turf Company, attached hereto and incorporated herein, are just and equitable, and the same is hereby approved as to both form and content. Section 2. That the Mayor and City Clerk be, and hereby are, authorized to respectively execute and attest said instrument for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of October, 2015. APPROVED by the Mayor of the Cirt n, Idaho, this day of Oc er, 2015. GO�40 (�pTr,+ APPROVED: $ TEST: City0f E lDfAN*--�1 .,, _, ion H Mayor Tarnm de eerd F SEAL cee V. Holman, City Clerk �lhr iRG,\S�'�0 RESOLUTION AUTHORIZING FIRST AMENDMENT TO LEASE AGREEMENT WITH AMERICAN HARVEST, LLC AND AUTHORIZATION FOR SUBLEASE WITH TURF CO. PAGE 1 OF 1 FIRST AMENDMENT TO LEASE AGREEMENT WITH AMERICAN HARVEST, LLC and AUTHORIZATION FOR SUBLEASE WITH THE TURF COMPANY This FIRST AMENDMENT TO LEASE AGREEMENT WITH AMERICAN HARVEST, LLC and AUTHORIZATION FOR SUBLEASE WITH THE TURF COMPANY LLC, dba THE TURF COMPANY ("First Amendment and Sublease") is made and entered into this &_ day of October, 2015, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), American Harvest, LLC, a limited liability company organized under the laws of the State of Idaho (hereinafter "Lessee"), and Darwin McKay, on behalf of the Turf Company, an assumed business name of the Turf Company, LLC, a limited liability corporation organized under the laws of the state of Idaho, whose address is 6100 S. Eagle Road, Meridian, Idaho (hereinafter "Sublessee"). WHEREAS, on October 16, 2012, City and Lessee entered into a Lease Agreement ("October 16, 2012 Lease Agreement") for real property located on Lake Hazel Road, Ada County, Idaho, identified as Parcel no. S 1405212410, approximately seventy-seven (77) acres of which is currently unused by City ("Lease Premises"); WHEREAS, Lessee wishes to use the Lease Premises to grow turf, and seeks to expand the permitted use of the Lease Premises to include sporting events and activities, in accordance with Ada County permitting requirements; WHEREAS, City is authorized by Idaho Code section 50-1401 to manage real property owned by the City in ways which the City Council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the continued lease of the Lease Premises to Lessee for crop farming serves the public interest as the most efficient method of controlling weeds, pests, and dust, and expanding the allowed use of the Lease Premises for sporting events would serve the public interest by providing and supporting recreational facilities and opportunities, including soccer programming, for members of the Meridian community; WHEREAS, the City Council of the City of Meridian hereby finds that Lease Premises are not otherwise needed for City purposes, though the parties specifically acknowledge that the Lease Premises are owned by City for the express purpose of developing such land for municipal park use; and WHEREAS, pursuant to Idaho Code section 50-1407, the mayor and council hereby resolve and authorize the lease of Lease Premises to Lessee; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and City agree as follows: I. Effective date. The effective date of this First Amendment and Sublease shall be November 16, 2015. Until such date, all provisions of the October 16, 2012 Lease Agreement shall apply without amendment. FIRST AMENDMENT TO LEASE AGREEMENT WITH AMERICAN HARVEST FOR LAKE HAZEL PROPERTY AND AUTHORIZATION TO SUBLEASE PAGE 1 OF 4 II. Section II modified. Section II of the October 16, 2012 Lease Agreement shall read as follows: II. Use of Lease Premises. Lessee's use and occupancy of the Lease Premises shall be limited to farming operations and sporting events held in compliance with any and all Ada County ordinances and permitting requirements. "Farming operations" shall include crop farming and pasturing cattle and/or horses. Lessee's use and occupancy shall not include, except as expressly specified herein, any rights to minerals, water, oil, or other extractable product. Lessee shall not use or permit the use of the premises for any other purpose other than farming operations or sporting events without the express written consent of the City. No sporting events shall be allowed between dusk and 8:00 a.m. III. New section; section III.S. A new subsection, subsection S, shall be added to section III of the October 16, 2012 Lease Agreement, to read as follows: S. County permitting and regulation. Prior to scheduling or allowing any sporting event or activity on the Lease Premises, Lessee shall obtain any and all required permits from Ada County for such event or activity, and shall provide copies of any and all County permits to City upon issuance. Lessee shall comply in all respects with all County permits and any other applicable law, ordinance, regulation, policy, agreement, or MPR requirement as it relates to any sporting event held on the Lease Premises. IV. Section IV modified. Section IV of the October 16, 2012 Lease Agreement shall read as follows: IV. Rental payment. Lessee shall pay to City a total annual lease payment of $11,550 for the entire Lease Premises. The annual lease payment shall be due in full by November 15 each year. Unless either party, between November 15 and December 31, provides to the other written notification of its desire to renegotiate the rental amount for the following year, the rate set forth herein shall apply. If the parties agree upon a rate differing from that set forth herein, such agreement shall be adopted via written addendum to this Agreement. If neither party notifies the other of a desire to renegotiate, upon renewal of the lease term, the most recently agreed-upon rate shall apply. V. Section VII.H. modified. Section VII.H. of the October 16, 2012 Lease Agreement shall read as follows: H. No assignment. Lessee shall not assign, sublet or transfer the leased premises, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement, without the express written consent of City. 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, administrators, or sublessees. This includes, without limitation, provisions regarding liability insurance and indemnification set forth herein. Policies held by Lessee's assignor, sublessee or transferee shall name City as an additional insured party, and Lessee shall provide to City a copy of such policy. FIRST AMENDMENT TO LEASE AGREEMENT WITH AMERICAN HARVEST FOR LAKE HAZEL PROPERTY AND AUTHORIZATION TO SUBLEASE PAGE 2 OF 4 VI. Section VII.O. modified. Section VII.O. of the October 16, 2012 Lease Agreement shall read as follows: O. Exhibits. Except as to those provisions of Lessee's proposal regarding consideration that are modified by the First Amendment and Sublease, 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. VII. New section; section VII.P. A new subsection, subsection P, shall be added to section VII of the October 16, 2012 Lease Agreement, to read as follows: P. Severability. If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect. VIII. Authorization of Sublease. City hereby authorizes the sublease of the Lease Premises to Sublessee. All terms of the October 16, 2012 Lease Agreement and of this First Amendment and Sublease shall apply to Lessee's sublease to Sublessee, and are incorporated thereto by reference, regardless of the form of the sublease agreement between Lessee and Sublessee. Specifically, without limitation, Sublessee is subject to the following provisions, and Lessee shall ensure Sublessee's compliance therewith by providing all of the following to the Director of the Meridian Parks & Recreation Department, by 12:00 p.m. (noon) on November 25, 2015: A. A copy of the written agreement between Lessee and with Sublessee, which agreement must include Sublessee's acknowledgement of, and agreement to comply with, each and all of the terms, provisions, covenants and conditions of the October 16, 2012 Lease Agreement and First Amendment and Sublease, as well as Sublessee's specific agreement to indemnify and hold harmless the City of Meridian as set forth in section V.M of the October 16, 2012 Lease Agreement. B. A copy of Sublessee's liability insurance, worker's compensation insurance, and crop insurance policies, as set forth in sections V.N, V.O, and V.P of the October 16, 2012 Lease Agreement. Such policies must be in the amounts listed in those provisions, and must name the City of Meridian as an additional insured party. C. Sublessee's contact information for day-to-day communication, as may be necessary. IX. All other provisions in effect. Except as expressly modified by this First Amendment and Sublease or other duly executed addenda, all provisions of the October 16, 2012 Lease Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the October 16, 2012 Lease Agreement or this amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment and Sublease to be executed by their duly authorized officers, to be effective on the effective date established above. FIRST AMENDMENT TO LEASE AGREEMENT WITH AMERICAN HARVEST FOR LAKE HAZEL PROPERTY AND AUTHORIZATION TO SUBLEASE PAGE 3 OF 4 LESSEE: AME CAN HARVEST, LLC L__ Jam s A. Lowe, Managing Member 0TZi' yk = +rte i®* �UBLI 41 4 OF 1'D SUBLESSEE: THE TURF COMPANY, LLC dba THE TURF COMPANY LQ _ku , -c'v C - Darwin McKay, Manal�ll 01 Noy ,�. ftb 8[,Ic s�°o *c®N*®* 's A�O ••••e CITY OF Daq0 1 y1 fi)&)(�/ y 4vl, STATE OF IDAHO ss; County of ) I, V t— hereby certify that on this ay of 20 5, ersonally appeared before me James A. Lowe, ei g y me first duly sworn, declared that he is the managing member of American Harvest, LLC, that he signed the foregoing document as managing member of American a st, LLC, an at ments contained therein are true. t Notary ublic f aho Residi g at _. °° Idaho My Commission Expires STATE OF IDAHO ss: County of ) I, E hereby certify that on this day of , 2�i�e ersonally appeared before me weing irst duly sworn, declared that�� he is the managing member of G,that heu� ned the foregoing document as managing member of 6 mp icap, LLC nd e statements contained therein are true. Notar ublic • aho Res' ' n at b1J, I Idaho .q City of ERIDMI Expires: t�TF�' J�� r e H ma , rty Clerk STATE OF IDAHO ): ss County of Ada ) On this U day of October, 2015, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. r --- FIRST— FIRST AMVDI�ENT TO LEASE AGIW FOR LAKEOF I�Q ��Z�►Ai *some* Notary Public o�-rZd�ho Residing at e -)r i My Commission Expires: WITH AMERICAN HARVEST ZATION TO SUBLEASE Idaho PAGE 4 OF 4 Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 9G PROJECT NUMBER: ITEM TITLE: Parks and Recreation Dept. G. Parks and Recreation Department: First Amendment to Lease Agreement Between Jesse Carlton dba Carlton Farms and the City of Meridian 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: October 6, 2015 ITEM NUMBER: 9H PROJECT NUMBER: ITEM TITLE: Parks and Recreation Dept. H. Parks and Recreation Department: Resolution No. 1 - <,: Authorizing First Amendment to Lease Agreement Between Jesse Carlton and the City of Meridian 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. 15 -— BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION APPROVING FIRST AMENDMENT TO A LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN AND JESSE CARLTON OF LAND OWNED BY CITY AND LOCATED ON WEST CHERRY LANE ROAD BETWEEN NORTH MCDERMOTT ROAD AND NORTH BLACK CAT ROAD, IN ADA COUNTY IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City owns real property located on West Cherry Lane, Meridian, Ada County, Idaho, identified as S 1204336450, S 1204346615, S 1204346715, S 1204346850, and the west half of parcel no. S 1204336450, which is currently unused by City (hereinafter "Amended Lease Premises"); WHEREAS, City is authorized by Idaho Code section 50-1401 to manage real property owned by the City in ways which the judgment of the city council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Amended Lease Premises to Jesse Carlton for crop farming serves the public interest as the most efficient method of controlling weeds, pests, and dust; WHEREAS, the City Council of the City of Meridian hereby finds that the Amended Lease Premises are not otherwise needed for City purposes; and WHEREAS, pursuant to Idaho Code section 50-1407, the mayor and council hereby resolve and authorize the lease of Lease Premises to Jesse Carlton; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: Section 1. That the terms of the First Amended Lease Agreement attached hereto and incorporated herein between Jesse Carlton and the City of Meridian are just and equitable, and the same is hereby approved as to both form and content. Section 2. That the Mayor and City Clerk be, and hereby are, authorized to respectively execute and attest said Lease Agreement for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this �� day of October, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this l.G' day of October, 2015. APPROVED: Mayor T4rrmiy de Weerd RESOLUTION AUTHORIZING LEASE TO JESSE ceoAu(.�sVTEST: s Cityf ID o IDIA LL 1 DAH SEAL �y ee . Holman, City Clerk PAGE 1 OF 1 FIRST AMENDMENT TO LEASE AGREEMENT WITH JESSE CARLTON dba CARLTON FARMS This FIRST AMENDMENT TO LEASE AGREEMENT WITH JESSE CARLTON dba CARLTON FARMS ("First Amendment to Lease Agreement") is made and entered into this V day of October, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Jesse Carlton, on behalf of Carlton Farms, an assumed business name of Jesse Carlton Farms, LLC, a limited liability company whose address is 8760 W. Chinden Blvd., Meridian, Idaho (hereinafter "Lessee"). WHEREAS, on December 4, 2012, City and Lessee entered into a Lease Agreement for real property located on West Cherry Lane, Meridian, Ada County, Idaho ("December 4, 2012 Lease Agreement"); WHEREAS, the lease premises identified in the December 4, 2012 Lease Agreement was thirty- eight (38) acres on parcel nos. S 1204336450, S 1204336500, S 120436615, S 1204346715, and S 1204346850; WHEREAS, the City seeks to amend the lease premises to be twenty-seven (27) acres, to include parcel nos. S 1204336450, S 1204346615, S 1204346715, S 1204346850, and the west half of parcel no. S 1204336450 (hereinafter "Amended Lease Premises"), as depicted in Exhibit hereto; WHEREAS, City is authorized by Idaho Code section 50-1401 to manage real property owned by the City in ways which the judgment of City Council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Amended Lease Premises to Lessee for crop farming serves the public interest as the most efficient method of controlling weeds, pests, and dust; WHEREAS, the City Council of the City of Meridian hereby finds that the Amended Lease Premises are not otherwise needed for City purposes at this time, though the parties specifically acknowledge that the Amended Lease Premises are owned by City for the express purpose of developing such land for municipal park use; and WHEREAS, pursuant to Idaho Code section 50-1407, the mayor and council hereby resolve and authorize the lease of Amended Lease Premises to Lessee; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Lessee agree as follows: I. Section III.B. modified. Section III.B. of the December 4, 2012 Lease Agreement shall read as follows: B. Lessee shall pay to City a total annual lease payment for the entire Amended Lease Premises in the amount of one thousand, three hundred fifty dollars ($1,350.00). The annual lease payment shall be due in full by November 15 each year. Unless either party, between November 15 and December 31, provides to the other written notification of its desire to renegotiate the rental amount for the following year, the rate set forth herein shall apply. If the parties agree upon a rate differing from that set forth herein, such agreement shall be adopted via written addendum to this Agreement. If FIRST AMENDMENT TO LEASE AGREEMENT WITH JESSE CARLTON PAGE 1 OF 3 neither party notifies the other of a desire to renegotiate, upon renewal of the lease term, the most recently agreed-upon rate shall apply. II. Section VI.K. modified. Section VI.K. of the December 4, 2012 Lease Agreement shall read as follows: K. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: Lessee: Jesse Carlton Carlton Farms 8760 W. Chinden Blvd. Meridian ID 83646 City: City of Meridian Director, Parks & Recreation Department 33 E. Broadway Ave. Meridian ID 83642 Notices shall be in writing and either personally delivered or sent by registered or certified U.S. mail, postage prepaid, return receipt requested to the party to be notified at the address specified above, or such other address as either party may designate in writing. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. III.A11 other provisions in effect. Except as expressly modified by this First Amendment to Lease Agreement or other duly executed addenda, all provisions of the December 4, 2012 Lease Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the December 4, 2012 Lease Agreement or this amendment thereto. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. LESSEE esse Carlton 0I A • go 47,B 0V go •*ago 64 go ti - CITY OF MERIDIAN: ! BY: Tammy Oe-W,eerc FIRST AMENDMENT TO LEASE STATE OF IDAHO ) ss: County of ) I HEREBY CERTIFY that on this_LL day of October, 2015, before the undersigned, a Notary Public in the State of Idaho, personally appeared Jesse Carlton, proven to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my off pia seal the day and year in this certificate first above written. C alto Notary Public fc Idaho Residing at 6 rr" to Idaho My Commission Expires: -€ Attest: .=.,_ .. ZS1 v Mayor E IDIAIJ e e � IDAHO 9 GREEME tTII JE:SEA RLTOI F�•T ,Pv Fh..i !lip 7RE S�G� City Clerk PAGE 2 OF 3 EXHIBIT A AMENDED LEASE PREMISES FIRST AMENDMENT TO LEASE AGREEMENT WITH JESSE CARLTON PAGE 3 OF 3 m a� U - C) - N C) W LO W a IL o �-- W Cl) =W X -i Wo W 0 z W Q Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Public Works a J. Public Works: Budget Amendment for FY2016 in the Amount of $250,000.00 for Sewer Lines Extensions MEETING NOTES 6-6 fP, Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN�- Public � D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, Assistant City Engineer DATE: September 29, 2015 Mayor Tammy de Weerd City Council Memberft Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: BUDGET AMENDMENT FOR FY2016 IN THE AMOUNT OF $250,000 FOR SEWER LINE EXTENSIONS I. RECOMMENDED ACTION A. 'Move to: 1. Approve the FY2016 Budget Amendment for $250,000; and 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Assistant City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The Engineering Division budgeted money in fiscal year 2016 for multiple sewer line extension and sewer line replacement projects. An additional sewer line extension project, the South Meridian Black Cat Trunk Sewer Phase 5 project, was identified at the conclusion of the budget process for fiscal year 2016 which precipitated the need for a budget amendment. This project is part of the commitments the City has made to extend services to South Meridian and has a two-year timeframe for completion. This extension of the South Meridian Black Cat Trunk Sewer starts at the intersection of Victory Road and Meridian Road Page 1 of 3 and runs south to approximately 1,600 feet south of Amity Road. Overall, the project encompasses approximately 8,400 lineal feet of 24 -inch trunk sewer and 1,500 lineal feet of 12 -inch gravity sewer. The termination of this Trunk Sewer will be located approximately a quarter of a mile south of Amity Road to the west of Meridian Road. B. Proposed Project This amendment will fund the design of the South Meridian Black Cat Trunk Sewer Phase 5 project to serve South Meridian. IV. IMPACT A. Strategic Impact: This project supports the Public Works Mission and Vision for strategic growth. It 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. It will ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: This project will improve sewer capacity and delivery as well as extend sewer to neighboring properties for future developments. It will extend sewer services through an area of existing development which will remove a significant impediment to future growth in South Meridian. C. Fiscal Impact: Project Costs: -- ---- --- -- ----------------- ---------------- ------------ Fiscal Year 2016 i Black Cat Trunk Sewer $208- 452 Phase 5 Design -------------------------------- ,------ ------- ------------,-------------- Desi�Contin Contingency $41,548 ------------------------------------ ------------------------ ----------------------------------- ----------------------------------- ------------------- ------------- Total Project Cost ; $250,000 ------------------------------------------------------------ - Project Funding I----------------------------------,--------------------------------,---------------------- Fiscal Year 2016 Account Code / Codes 3590-93505 $250, 000 ----------------- -------- _ -----, Total Funding $250,000 Page 2 of 3 V. ALTERNATIVES The City could choose not to approve the budget amendment. Without this amendment the design of the South Meridian Black Cat Trunk Sewer Phase 5 on Meridian Road would be delayed which would compromise the two-year timeframe to get this project completed and nullify the annexation agreements with the participants in the south Meridian annexation effort. VI. TIME CONSTRAINTS The consent to annex forms executed with landowners in South Meridian outline a two-year timeframe to complete the design and construction of this substantial project. To complete this project in this condensed timeframe Public Works plans to. initiate design as soon as possible. VII. LIST OF ATTACHMENTS A. 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CITY OF MERIDIAN BLACK CAT TRUNK SEWER — PHASE 5 Scope of Professional Services, Schedule and Fee Basis Table of Contents: I. Project Understanding 11. Owner Information, Responsibilities and Project Assumptions Ill. Scope of Work • Task 1 — Proiect Meetings and Administration • Task 2 — Preliminary Routing Analysis • Task 3 — Topographic Survey and Preliminary Design • Task 4 — Final Design • Task 5 — Agency Coordination and Permitting • Task 6 — Easements, Public Involvement, and Private Development Coordination • Task 7 - Subconsultants • Exhibit 1 — Work -Hour Estimate • Exhibit 2 — Conceptual Alignments IV. Time of Completion and Compensation Schedule Black Cat Trunk Sewer — Phase 5, Task Order J -U -B Engineers, Inc. Page - 1 2. Progress Meetings: Attend progress meetings with the CITY staff as needed to discuss project status, provide task order status summaries, present deliverables, and receive direction from the CITY. It is anticipated that five (5) progress meeting may be required. Review meetings with CITY staff to obtain comments from the deliverable packages are provided in the Preliminary and Final Design tasks. 3. Project Administration and Tracking. Monitor team progress, action item lists, task deadlines, items needed from the CITY, provide documentation, subconsultant administration, permitting milestones, and critical path items as needed. J -U -B shall utilize to as practical extent as feasible, use E -Builder, the City's project management software, for transmission of project documents to the City including invoicing, reports, any electronic plan submittals, and construction submittal review. Task 2 - Preliminary Routing Analysis 1. Alternative Alignment Screening: Two (2) alignments will be preliminarily examined and screened for criteria such as constructability, permitting issues, availability of easements, cost and other possible criteria. The two alignment options are summarized below and shown on Exhibit 2. : • Master Plan Route: This route contains approximately 8,400 LF of 24 -inch and 1,500 LF of 12 -inch trunk sewers. • Meridian Road Route: This alignment is routed along Meridian Road (SH -69) and encompasses approximately 7,200 LF of 24 -inch trunk sewer and 200 LF of 12 -inch sewer. The routing analysis includes the following subtasks: a) Utilize the available 1"=200' COMPASS aerial mapping and refine alignment options of Black Cat Trunk sewer as shown on Exhibit 2 and the 2010 Sewer Master Plan as described in this Task. b) Preliminary Spot Survey: Preliminary survey work shall be completed over the general alignment corridors to supplement available existing aerial mapping and critical crossings. This work will entail the following: • Perform an initial ground survey of Meridian Road from Victory Road to the proposed 12 - inch sewer crossing. Approximate ground elevations will be taken using a vehicle mounted GPS unit, for both north and south bound lanes of Meridian Road (SH -69), and along the east and west roadway shoulders as practical. Preparation of a ITD traffic control permit or traffic control plan is not anticipated at this stage in the survey. • Perform a "driving" topo of Meridian Road from Victory to 1/4mi south of Amity, and along local streets in Meridian Heights (Bloomington, Springfield, Carbondale, & Harris). • Upon securing landowner approval, field walk alignment outside of the Meridian Road corridor and obtain preliminary GPS ground elevations at 500' intervals. This will include the properties of the existing storage and gravel pit areas north and south of Amity Road. • Verify the rim & invert elevations of the existing manholes at the Victory Road and Meridian Road intersection. • Verify the flow lines of major waterways such as the Ridenbaugh canal where it crosses Meridian Road and the Watkins drain where it crosses Amity Road. c) Perform initial research into affected parcels and prepare a list of landowners and parcel numbers. Research available plats, records of survey, and ITD SH -69 right-of-way (ROW) record maps in the project corridors. Order title reports on the likely parcels where the sewer trunk may be located out of the public ROW as provided under Task 6. Exhibit 1 lists the assumed number of title reports at a cost of $300 each. d) Contact permitting agencies such as ITD, ACRD, NMID, and Williams -Northwest Pipeline to determine general design issues and constraints the may affect routing. This work will be provided under Task 5 Agency Coordination and Permitting. Black Cat Trunk Sewer — Phase 5, Task Order Page - 3 J -U -B Engineers, Inc. Where easements are to be secured, property lines shall be determined using research and field search of land monuments methods as previously described above. 2. Preliminary Design of Trunk Sewers (30%) a) Develop preliminary design alignments for the trunk sewer improvements to show trunk profile, horizontal location. Preliminary design to consider utility and ITD constraints, available ROW.s, constructability, construction access, excavation depths, initial easement constraints if known at this time, minimization of pavement repair and impacts to public traffic access. Easement requirements will be shown and land ownership information. b) Prepare 30% trunk sewer plan and profile sheets and submit to the CITY for review. Plans shall be prepared on 22"x34" ANSI size "D" sheets. c) Meet with the CITY to review 30% complete plans and receive comments and direction from the staff (Review meeting will be included in Task 1). Deliverables: 30% Complete Preliminary Design Plans, (3) copies at scale. Task 4 — Final Design 1. 75% Complete Design Plans a) Revise the alignment and profile from the CITY's review comments at the 30% review meeting. Complete final design of the preferred trunk sewer alignment with considerations on constructability, ITD, ACHD and CITY utility corridor requirements, surface disturbance, impact to waterways, sanitary separations, dewatering, impacts to public traffic access, utility conflicts, construction access, serviceability checks, excavation depths, easement issues, and other pertinent design issues. Provisions to align the trunk, manholes, and stub -outs per available development plans, and preliminary or final plats will be made as specifically requested by the City. For parcels without development plans, considerations for manholes and block-out locations will be made with City direction. b) Design details for construction plans. Design drain, irrigation, and waterway crossings in accordance with permitting agency requirements. The crossings will be designed using boring or open trench construction. USCOE/IDWR 404 permitting if required, is provided under a separate task (Task 5 — Agency Coordination and Permitting). c) A preliminary Traffic Control Plan (TCP) for Meridian Road and the Amity Road crossing will be prepared for ITD and ACHD review and is provided under Task 5. d) Prepare a preliminary SWPPP narrative and accompanying drawings that will include the Ridenbaugh Canal and Watkins drain crossings. (City Environmental Division will review) e) Design roadway repair using ITD or ACHD standard sections. f) Prepare construction plans which will include project title blocks, City standard notes, vicinity maps, sheet indexes, north arrows, bar scales, topography, pipe size, type, slope, invert elevations, ground surface elevations, surface repair, boring details, property lines, easements, found land monuments, land ownerships, survey control, pay limits, special details necessary for a biddable product. Drafting shall be completed on 22"x34" ANSI standard size "D" sheets. To the extent practicable, the current City of Meridian Standard Specifications and Drawings for Construction will be utilized in the design. Black Cat Trunk Sewer — Phase 5, Task Order Page - 5 J -U -B Engineers, Inc. 3. 100% Plans and Technical Specifications (Bid Ready) a) Incorporate appropriate CITY, QLPE and agency review comments and complete final revisions to the trunk sewer plans and technical specifications. b) Submit 100% complete plans and contract documents to the CITY for review and approval. The CITY will provide QLPE review of the Final Plans. c) Finalize Opinion of Probable Construction Cost and Bid Schedule. Deliverables: i. 100% Complete Trunk Sewer Extension (Bid Ready) Plans and Technical Specifications, four (4) copies for bidding to the CITY. SWPP Plan will be included as an appendix. ii. Final Opinion of Probable Construction Bid Schedule iii. Electronic pdf version of the Plans, Technical Specifications and Bid Schedule Task 5 - Agency Coordination and Permitting 1. Preliminary Agency Coordination a) Coordinate alignments with the CITY, ITD, and ACHD to establish acceptable corridors. This is anticipated to include: 1) Determining if road or structure improvements are anticipated in the foreseeable planning period; 2) Obtaining pertinent design requirements and material specifications for proposed improvements; 3) Obtaining record drawings of improvements in the project vicinity; 4) Identifying approval time required to complete the permitting process; 5) Determining acceptable access points on ITD/ACRD right-of-way, 6) Process for completing the necessary utility permit application with ITD, if the proposed improvements are constructed within ITD rights -of -ways. b) J -U -B will research and contact irrigation and drainage district entities to determine jurisdictional authority and permit process. It is anticipated that the Nampa -Meridian Irrigation District (NMID) and Boise Board of Control (BBC), Boise -Kung Irrigation District (BKID), and the New York Irrigation District (NYID) will be contacted. c) J -U -B will request information from utilities and if possible request meetings to overview the project, location and crossing requirements. Utilities contacted to include: Intermountain Gas, Williams -Northwest Pipeline, Century Link, and others. d) Findings in this subtask will be presented in the Technical Memorandum provided under Task 2. 2. Drainage/Irrigation District Coordination and Permitting a) Permitting with NMID and the BBC will be initiated for the crossing of the Ridenbaugh canal, Watkins drain, and Carlson Lateral.. J -U -B will meet with NMID, BBC representatives in the field to review construction related issues and determine design constraints. J -U -B will prepare the necessary license agreement applications legal description, exhibits for both NMID and BBC. In addition, the NMID License Agreement Fee (estimated at $350) will be submitted. It is also assumed no floodway infringement will be considered as no aerial waterway crossing or permanent fill placement will occur. If the CITY elects to extend water mains parallel with the sewer trunk, the license agreement and exhibits will be modified to include those facilities. 3. USACE 404 Coordination and Permitting a) This task encompass the design and permitting of open trench crossings of drains or irrigation/drainage culverts that may be under the jurisdiction of the U.S. Army Corps of Engineers Black Cat Trunk Sewer — Phase 5, Task Order Page - 7 J -U -B Engineers, Inc. Task 6 - Easements, Public Involvement, and Private Development Coordination 1. Easement Acquisition Assistance a) Easement Acquisition Process Overview Meeting: Meet with CITY staff to discuss general procedural outlines for initial landowner contact, and other procedures related to the securing easements. Easement discussion will include the possible extension of water mains parallel with the sewer trunk. The easement widths will be modified accordingly and brought into the discussions with the affected landowners. b) Preliminary Easement Exhibits: Prepare preliminary easement maps using available COMPASS aerial mapping, Ada County G.I.S. base mapping, and preliminary alignments. These preliminary easement maps will be used for initial property owner contact in preparing a Right of Entry mailing for survey access on private lands. c) Easement Research and Identification: Easements limits will be identified and shown on the concept plan developed in Task 2. Research Ada County G.I.S. data base to determine parcel tax identification number, and assessed value. Easement valuation summaries will be prepared using the parcel assessed value and submitted to the CITY with Task 2 deliverables. d) Title Reports and Easement Legal Descriptions: Title reports will be ordered during Task 2 for the likely parcels where the sewer trunk may be located out of the public ROW. Exhibit 1 lists the assumed number of title reports at a cost of $300 each. Prepare legal descriptions and exhibit drawings necessary to secure easements. For the purpose of estimating fees, preparation of four (4) legal descriptions are assumed. e) Landowner Meetings and Easement Negotiations • Initial Landowner Interviews: Meet with each affected property owner to review the preliminary alignment maps, discuss easement acquisition process, confirm specific issues and concerns, and request access to survey. For the purpose of estimating fees, four (4) landowners are assumed. There will be two initial meetings with each landowner. Interview notes will be prepared documenting each interview meeting. • Informational Summaries: Summary memorandums will be complied during the easement acquisition process listing landowner concerns, issues, and other informational highlights. It is assumed that over of the course of the project, three (3) summary memorandums will be prepared. • Easement Negotiations: Negotiate easement provisions as outlined in the kickoff meeting discussions with the CITY. It is assumed that four (4) landowners will be contacted, and each requiring three (3) meetings. 2. Public Involvement a) Informational Meetings: Organize and conduct open house style meetings during the duration of the project to generate public and neighborhood input. Prepare meeting agenda, visual aids, hand-outs, and project informational exhibits as needed. Two (2) informational meetings are anticipated during the preliminary and final design phase with an additional two meetings prior to construction. Black Cat Trunk Sewer — Phase 5, Task Order Page - 9 J -U -B Engineers, Inc. IV. TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by and resulting in Final Design being completed by A NTP issued on a different date will change the schedule accordingly. Task Task Name _.............. Schedule Number Project Meetings and Administration $9,015 Task 1 Project Meetings & On-going throughout other tasks. Tasks 3 & 4 Administration $120,677 Task 2 Preliminary Routing Analysis Completed within _calendar days of NTP. Task 3 & 4 Topographic Survey, Preliminary Completed within _calendar days Task 7 and Final Design Services subsequent to Task 2. Task 5 Agency Coordination & On-going as required. Permitting Task 6 Easements, Public Involvement, On-going as required. Private Development Coordination Task 7 Subconsultants BUDGET The CITY will pay ENGINEER for its services and reimbursable expenses on a not to exceed basis of the total listed below. Task Number _.................. Task Name Amount Task 1 Project Meetings and Administration $9,015 Task 2 Preliminary Routing Analysis $15,729 Tasks 3 & 4 Topographic Survey Update & Design Services $120,677 Task 5 Agency Coordination & Permitting $22,453 Task 6 Easements, Public Involvement and Private Development Coordination $21,379 Task 7 Subconsultants $19,200 TOTAL T&M NTE $208,452 Black Cat Trunk Sewer — Phase 5, Task Order /### Page - 11 J -U -B Engineers, Inc. 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H J Q z a z Z 0 Z a 4 U W z w 0 a z LL a Y 11 Z CLw O z Q z 0 a z 0 C' 0 0 z z Y F Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 6, 2015 ITEM NUMBER: 1 PROJECT NUMBER: ITEM TITLE: Executive Session 11. Executive Session per Idaho State Code 74-206 (d) - Records Exempt from Disclosure and (f) - Legal Counsel on Pending or Imminently Likely Litigation MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS